Privacy Policy

Last Revised: May 01, 2019

McEwan Fraser Legal cares about your privacy. For this reason, we collect and use personal data only as it might be needed for us to deliver to you our first-class products, services, websites and mobile applications (collectively, our “Services”). Your personal data includes information such as:

• Name
• Address
• Telephone number
• Date of birth
• Email address
• Other data collected that could directly or indirectly identify you.

Our Privacy Policy is intended to describe to you how and what data we collect, and how and why we use your personal data. It also describes options we provide for you to access, update or otherwise take control of your personal data that we process.

If at any time you have questions about our practices or any of your rights described below, you may reach our Data Protection Officer (“DPO”) and our dedicated team that supports this office by contacting us at privacy@mcewanfraserlegal.co.uk. This inbox is actively monitored and managed so that we can deliver an experience that you can confidently trust.

Likewise, we’ve also created a Privacy Centre to provide answers to your most common questions, quick links to access your Account Settings, instructions on how to exercise certain rights that might be available to you, and definitions to key terms and concepts noted in this Privacy Policy.

If you wish us to remove your personal detail after visiting our website please email privacy@mcewanfraserlegal.co.uk and include your full name, email address, contact telephone numbers and correspondence address. We will endeavour to remove your details within 14 days of receiving your request. If you do not receive acknowledgment within 14 days please contact our Data Protection Officer.

What information do we collect?

We collect information so that we can provide the best possible experience when you utilise our Services. Much of what you likely consider personal data is collected directly from you when you:

• create an account or purchase any of our Services (ex: billing information, including name, address, credit card number, government identification);
• request assistance from our award-winning customer support team (ex: phone number);
• complete contact forms or request newsletters or other information from us (ex: email); or
• participate in contests and surveys, apply for a job, or otherwise participate in activities we promote that might require information about you.

However, we also collect additional information when delivering our Services to you to ensure necessary and optimal performance. These methods of collection may not be as obvious to you, so we wanted to highlight and explain below a bit more about what these might be (as they vary from time to time) and how they work:

Account related information is collected in association with your use of our Services, such as account number, purchases, information requests, and customer service requests and notes or details explaining what you asked for and how we responded

Cookies and similar technologies on our websites and our mobile applications allow us to track your browsing behaviour, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Services. This allows us to provide you with more relevant product offerings, a better experience on our sites and mobile applications, and to collect, analyse and improve the performance of our Services. We may also collect your location (IP address) so that we can personalise our Services. For additional information, and to learn how to manage the technologies we utilise, please visit our Cookie Policy.

Data about Usage of Services is automatically collected when you use and interact with our Services, including metadata, log files, cookie/device IDs and location information. This information includes specific data about your interactions with the features, content and links (including those of third-parties, such as social media plugins) contained within the Services, Internet Protocol (IP) address, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data, information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and error data, and some of this data collected might be capable of and be used to approximate your location.

Supplemented Data may be received about you from other sources, including publicly available databases or third parties from whom we have purchased data, in which case we may combine this data with information we already have about you so that we can update, expand and analyse the accuracy of our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

If you make an enquiry regarding any of our services we will hold your contact details until you tell us otherwise. We may also contact you again following up your enquiry or to provide additional services or information to you unless you unsubscribe from McEwan Fraser Legal using our Privacy Policy.

How we utilise information

We strongly believe in both minimising the data we collect and limiting its use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the Services you purchase or interact with, or (3) as we might be required or permitted for legal compliance or other lawful purposes. These uses include:

Delivering, improving, updating and enhancing the Services we provide to you. We collect various information relating to your purchase, use and/or interactions with our Services. We utilise this information to:

• Improve and optimise the operation and performance of our Services (again, including our websites and mobile applications)
• Diagnose problems with and identify any security risks, errors, or needed enhancements to the Services
• Detect and prevent fraud and abuse of our Services and systems
• Collecting aggregate statistics about the use of the Services
• Understand and analyse how you use our Services and what products and services are most relevant to you.

Often, much of the data collected is aggregated or statistical data about how individuals use our Services and is not linked to any personal data, but to the extent it is itself personal data or is linked or linkable to personal data, we treat it accordingly.

Sharing with trusted third parties. We may share your personal data with affiliated companies within our corporate business, with third parties with which we have partnered to allow you to integrate their services into our own Services, and with trusted third-party service providers as necessary for them to perform services on our behalf, such as:

• Processing credit card payments
• Serving advertisements
• Conducting contests or surveys
• Performing analysis of our Services and customers demographics
• Communicating with you, such as by way email or survey delivery
• Customer relationship management.

We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilising, sharing or retaining your personal data for any other purpose than as they have been specifically contracted for (or without your consent).

Communicating with you. We may contact you directly or through a third-party service provider regarding products or services you have signed up or purchased from us, such as necessary to deliver transactional or service-related communications. We may also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to purchase our goods or services. These contacts may include:

• Email
• Text (SMS) messages
• Telephone calls
• Automated phone calls or text messages.

If we collect information from you in connection with a co-branded offer, it will be clear at the point of collection who is collecting the information and whose privacy policy applies. In addition, it will describe any choice options you have regarding the use and/or sharing of your personal data with a co-branded partner, as well as how to exercise those options.

Compliance with legal, regulatory and law enforcement requests. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.

To the extent we are legally permitted to do so, we will take reasonable steps to notify you if we are required to provide your personal information to third parties as part of legal process. We will also share your information to the extent necessary to comply with ICANN or any ccTLD rules, regulations and policies when you register a domain name with us.

Where you request details about a property on our site you agree to our firm sending you details about any similar properties that may become available or marketing information that we believe may be of interest to you unless you tell otherwise.

Website analytics

We use multiple web analytics tools provided by service partners such as Google Analytics, MixPanel and Singular to collect information about how you interact with our website or mobile applications, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information.

We use the information provided by these tools to improve our Services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (ex: Google for Google Analytics).

The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies.

You can control the technologies we use by managing your settings through our Cookie Policy or the ‘cookie banners” that may be presented (depending on URL of the website visited) when you first visit our web pages, or by utilising settings in your browser or third-party tools, such as Disconnect, Ghostery and others.

Targeted advertisements

Targeted ads or interest-based offers may be presented to you based on your activities on our web pages, and other websites, and based on the services you currently own. These offers will display as varying product banners presented to you while browsing. We also partner with third parties to manage our advertising on our web pages and other websites. Our third-party partners may use technologies such as cookies to gather information such activities to provide you with advertising based on your browsing activities, interests and to measure advertising effectiveness.

Third party websites

Our website and our mobile applications contain links to third-party websites. We are not responsible for the privacy practices or the content of third-party sites. Please read the privacy policy of any website you visit.

Third party requests

If you request Property Details, Home Reports, Sales Schedules, Floorplans or any other property related information from an external website about one of our properties, we believe that you have a legitimate interest in that property or related properties. We, therefore, reserve the right to follow up on your interest or send you other related property information unless you ask us to unsubscribe you.

Third parties acting on your behalf

If a third party acts on your behalf in relation to services provided by this firm then you accept that we may communicate with that third party by providing them information either verbally or in writing that may be personal to you, to allow the third party to make an informed decision on your behalf or to speed up any services provided by this firm to you. If you do not wish third parties to be provided with any information about you or to seek any of our services on your behalf then you should let us know in writing as soon as practically possible. If the services involve any financial or contractual obligations we may be unable to provide these services until we have your expressed permission in writing.

Errors in processing your data

We endeavour to always handle your personal data with the utmost care and are committed to complying with our responsibilities under the Data Protection Act 2018 in respect of such personal data. You must be aware however that sometimes human error can occur while using or processing your personal data. By using our websites or services provided by this firm, including but not limited to; viewings, valuations, requests for Home Reports or Brochures, submitting Notes of Interest (informal or formal), submitting Offers (informal or formal) or any of our Legal or Property services, you agree to accept any risks caused by human error and that we will only take responsibility for errors that involve dishonesty with your personal data and where you can demonstrate financial loss. Our liability shall not extend to the actual breach but will be limited to that proportion of your actual financial loss that you can demonstrate that has been directly caused by this firm and any compensation awarded will be at the discretion of our CEO.

Any complaints regarding a data breach by this company must be made in writing and sent to our Data Protection Officer at 130 East Claremont Street Edinburgh, detailing the full nature of the breach, how it has affected you or resulted in financial loss and how the breach has compromised your personal data. Any complaint must be brought to our attention within 21 days from the date you were made aware of the data breach. Your complaint will be dealt with in line with our company complaints procedure and a copy will be provided on request.

How you can access, update or delete your data.

If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honoured only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record-keeping requirements.

If you are unable for any reason to access your Account Settings or our Privacy Centre, you may also contact us by one of the methods described in the “Contact Us” section below.

How we secure, store and retain your data

We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilisation of encryption where appropriate.

We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:

• mandated by law, contract or similar obligations applicable to our business operations;
• for preserving, resolving, defending or enforcing our legal/contractual rights; or
needed to maintain adequate and accurate business and financial records.

If you have any questions about the security or retention of your personal data, you can contact us at privacy@mcewanfraserlegal.co.uk.

‘Do Not Track’ notifications

Some browsers allow you to automatically notify websites you visit not to track you using a “Do Not Track” signal. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com.

Age restrictions

Our Services are available for purchase only for those over the age of 18. Our Services are not targeted to, intended to be consumed by or designed to entice individuals under the age of 18. If you know of or have reason to believe anyone under the age of 18 has provided us with any personal data, please contact us.

Changes in our Privacy Policy.

We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty (30) days prior to the implementation of the changes.

Contact us.

If you have any questions, concerns or complaints about our Privacy Policy, our practices or our Services, you may contact our Office of the DPO by email at privacy@mcewanfraserlegal.co.uk. In the alternative, you may contact us by either of the following means:

• By Mail: Attn: Claremont House, 130 East Claremont Street, Edinburgh, EH7 4LB, Scotland
• By Phone: (0131) 524 9797

We will respond to all requests, inquiries or concerns within thirty (30) days.