These are the Terms and Conditions for the use of the website of SafeDeposits Scotland Ltd (“SafeDeposits” or “we”). By entering and using this website as a user (“User”) it is deemed acceptance of the terms and conditions shown below which take effect from the date when the User first uses this website.

General

1. SafeDeposits does not have any liability for any loss suffered by the User in using the website.

2. We accept no liability for any failure of the User to comply with these terms and conditions where the failure is due to circumstances outside the reasonable control of SafeDeposits.

3. The User agrees to abide by the privacy conditions of SafeDeposits shown in this document on the website.

4. The validity of these terms and conditions will be affected and shall remain in force even if any part of the terms and conditions is held to be illegal invalid or unenforceable.

5. The waiving of any rights by SafeDeposits under these terms on conditions on one occasion will not affect the validity of those rights or mean that the right will automatically be waived on any other occasion or circumstance.

6. If the User discriminates against any employee of SafeDeposits or acts in an illegal or aggressive manner to any employee of SafeDeposits then we reserve the right to terminate the right of the User to use the website with immediate effect. Any sums paid to SafeDeposits will not be refunded.

Privacy notice

Information we collect from you - Tenants

When a deposit is registered by a SafeDeposits Scotland client, we will ask the client to provide the name of the tenant or tenants along with an email address or mobile number. In the event of a deposit dispute at the end of the tenancy, SafeDeposits Scotland will collect information provided to us through our online dispute portal. Parties are invited to respond to a dispute and will provide their personal details along with details relating to the tenancy. Parties are also given the opportunity to submit evidence which can be accessed by the parties to the dispute and also employees of SafeDeposits Scotland. SafeDeposits Scotland will require you to submit bank details in order for payment of any deposit amounts due to you.

Information we collect from you - SafeDeposits Scotland Letting Agents and landlord clients

When registering a tenancy deposit for protection, SafeDeposits Scotland will collect the name, telephone number, address and email address of both the agent and landlord. At the end of the tenancy, SafeDeposits Scotland will collect the necessary information to allow us to either repay the deposit or resolve any dispute. Parties are invited to respond to any request for information. Parties are also given the opportunity to submit evidence in the event of a dispute which can be accessed and viewed by the parties to the dispute and also by employees of SafeDeposits Scotland. SafeDeposits Scotland will require you to submit bank details in order for payment of any deposit amounts due to you.

Information we collect from you - Job applicants

SafeDeposits Scotland will collect information provided by a prospective employee who may make an application to SafeDeposits Scotland including any CV or similar documents. SafeDeposits Scotland will not share any of the information provided to third parties for marketing purposes or for any other reasons. Your information will be stored securely and we will contact you using details you have provided to us. SafeDeposits Scotland may request further information including proof of identity or proof of qualifications as your application progresses.

How we collect personal information

SafeDeposits Scotland collects data in the following ways: - From any online form you fill out such as registering an account with SafeDeposits Scotland or a tenancy deposit repayment request, registering or responding to a dispute or collection of evidence forms - Through phone calls to our Customer Service Centre which are recorded and retained for a period of up to 6 months from the call date - Through our live chat service - Through messages received on our social media accounts - Through evidence provided by parties to a tenancy deposit dispute such as contact details within a tenancy agreement - Through email correspondence - Through the use of our various communications tools. - Through our SDS Resolutions product - Through any surveys or questionnaires which our customers choose to actively participate in - Any other situations where data is legally and voluntarily sent to SafeDeposits Scotland.

Electronic Communication

SafeDeposits Scotland uses electronic communication media when sending correspondence to customers and parties to a dispute. SafeDeposits Scotland tracks the delivery of the communications (e.g. emails) sent to the parties to ascertain whether delivery is completed successfully. In the event that electronic communication are opened by the recipient, SafeDeposits Scotland are able to see how many times the email has been opened and on what date(s). SafeDeposits Scotland can also determine the location that these events occurred.

Why we collect personal information

SafeDeposits Scotland collects personal information to fulfil its legislative role in providing for the protection of tenancy deposits, and also in performing its role in providing a dispute resolution service. As Tenancy deposit protection is mandatory, SafeDeposits Scotland must collect information such as names and contact details in order to be able to contact parties regarding the deposit protection and to comply with the legislation. SafeDeposits Scotland collects and stores data in order to contact our customers. SafeDeposits Scotland will request personal information from tenants in the event that an insurance claim is required due to their deposit being misappropriated by the deposit holder. SafeDeposits Scotland may use information to conduct surveys in relation to improving our services. SafeDeposits Scotland will not use personal data for marketing purposes unless our customers explicitly request that marketing content is sent to them.

How we use your personal information

SafeDeposits Scotland primarily holds data to provide relevant information to Government and professional bodies to comply with statute or the rules of that organisation. SafeDeposits Scotland will also use data for the following purposes: - To submit any details requested by any authorised body investigating a crime - To submit any details requested by Her Majesty’s Revenue and Customs or other government agency or local authority under the relevant legislation - To contact any tenant where the details of the tenanted property and the persons forming the tenant have been registered with the Tenancy Deposit Scheme - For use in contact with any interested third party who has provided the whole or part of the deposit as guarantor or in another capacity - To provide relevant details to the insurer of SafeDeposits Scotland to comply with their conditions - For use in contact with any landlord, tenant or agent who wishes to verify that a deposit has been protected with SafeDeposits Scotland - To contact named personnel at agent organisations - For use in contact with any relevant legal adviser - To contact you regarding information about your account or tenancy deposit protection - For use under our product SDS Resolution in order to facilitate negotiations between parties SafeDeposits Scotland will always ask for consent before using any information for a purpose other than those set out in this privacy policy. SafeDeposits Scotland processes personal information on our servers throughout the United Kingdom and the EU in accordance with current and upcoming legislation. SafeDeposits Scotland may therefore process personal information on a server located outside of the country where you live.

Sharing information

We do not share personal information with individuals or companies outside of SafeDeposits Scotland except in the following circumstances: Consent Where you choose to engage in our independent adjudication service which consists of submitting personal information and evidence to an online portal, this evidence will be viewable by employees dealing with the case at SafeDeposits Scotland along with the agent, landlord(s) and tenant(s) who are party to the tenancy agreement, including any persons acting on their behalf. Legal reasons We retain the right to share your information with organisations or individuals if we reasonably believe in good faith that disclosure of information is necessary to: - Fulfil an applicable law, regulation or legal process - Fulfil an enforceable Government request - To protect vital interests of data subject (e.g. life or death situations, vulnerable situations) and performance of a task in the public interest - Address fraudulent activity including in the prevention or detection of it - Address a security issue - Address a technical issue SafeDeposits Scotland reserves the right to share non-personal information publicly and with our partners for educational purposes, publication of annual reviews or publication of statistics.

Accessing and changing your information

If you wish to update your personal information as held by SafeDeposits Scotland, you are able to do this by accessing your account. In the event that you are unable to update personal information, please contact SafeDeposits Scotland. In the event of a data breach which is likely to result in a risk to the rights and freedoms of individuals, SafeDeposits Scotland will notify an individual within 72 hours of such an event being discovered.

Your rights

Under the General Data Protection Regulations (GDPR), you have a number of rights regarding the data we hold for you. SafeDeposits Scotland wants to ensure our customers are aware of their rights and how we ensure they are met: Right to rectification – Your right without undue delay to rectification of inaccurate personal data. Our customers are able to update their personal details online under their account or alternatively, can contact SafeDeposits Scotland for help updating details. Right to erasure – Your right to the deletion of your personal data. SafeDeposits Scotland will consider a request for data erasure on a case by case basis depending on whether SafeDeposits Scotland must retain the data for legislative purposes. Right to restrict data processing – Your right to obtain from us restriction of data processing. SafeDeposits Scotland will consider the GDPR circumstances that may be relevant around any request. Where processing restrictions are granted, such personal data will only be processed with consent or in relation to legal claims. Right to data portability – Your right to receive personal data in a structured, commonly used format. You are able to find your personal data under your account. Alternatively, SafeDeposits Scotland will provide all data held for you in a readable format. Right to object – Your right to object at any time to processing of personal data. SafeDeposits Scotland will only proceed with processing if we have compelling legitimate grounds for processing after an objection to processing. Right to not be subject to automated-decision making – SafeDeposits Scotland will not subject any individual to automated-decision making.

Subject access requests and complaints

All individuals are entitled under the Data Protection Act to request a copy of the information an organisation holds on them. An individual who makes a written request and pays any fee applicable is entitled to: - Information on what data SafeDeposits Scotland hold for you - Clarification on whether any personal data is being processed - Reasons why any personal data is being processed - A copy of the data held SafeDeposits Scotland will deal with any subject access requests within 30 days in accordance with GDPR. To make a subject access request please send your full name to the following email: info@safedepositsscotland.com To make a complaint or for further information regarding personal information held by SafeDeposits Scotland on yourself, please email: info@safedepositsscotland.com or contact us by post at SafeDeposits Scotland, 1st Floor, 221 West George Street, Glasgow G2 2ND.



Retention of information

All information will be stored securely and is disposed in a secure manner when no longer required. Your information will be held for a specific time in order to comply with law and regulations or for any contractual obligation we may have under a Government contract which can be for a period up to seven years from the date the data was last used to process a transaction. SafeDeposits Scotland will hold data for as long as reasonably required in order to: Comply with applicable law or respond to a valid process; Protect the rights of our customers.

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices along with what data we collect, why we collect it and what we do with it.