1. Access to and use of the www.nhmscotland.co.uk website (this “Site”) is provided by us subject to these Site Terms. “We” are The New Homes Group Limited, a company registered in England under number 2509770 with registered office at Cumbria House, 16-20 Hockliffe Street, Leighton Buzzard, Bedfordshire, LU7 1GN.
2. Your use of any part of this Site constitutes your acceptance of these Site Terms which takes effect on the date on which you first use this Site. If you do not agree with these Site Terms, you should cease using this Site immediately.
3. We reserve the right to change these Site Terms at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this Site after changes are posted constitutes your acceptance of the amended Site Terms.
4. You are responsible for all access to this Site through your Internet connection and for bringing these Site Terms to the attention of all such persons.
5. You must not submit to us or to this Site or to any visitor to this Site any viruses, Trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6. You shall fully and promptly indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any breach by you of any obligation on you under these Site Terms.
7. Whilst we endeavour to make this Site available 24 hours a day, we will not be liable if for any reason this Site is unavailable at any time or for any period. We make no warranty that your access to this Site will be uninterrupted, timely or error-free. Access to this Site may be suspended temporarily or permanently at any time and without notice.
8. We do not warrant that this Site will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of this Site or your obtaining any material from, or as a result of using, this Site. We shall also not be liable for the actions of third parties.
9. We may change or update this Site and anything described in it without notice to you.
10. Whilst we endeavour to ensure that information and materials on this Site are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. Pictures, photographs, artists’ impressions, dimensions, site plans and descriptions on this Site are indicative and for purposes of giving a general impression only and may be the view of the author. No picture, photograph, artists’ impression, site plan or dimension on this Site is intended to give an accurate description of any property offered for sale or letting or its setting or surroundings. Dimensions and site plans are approximate. You must take appropriate steps to verify by independent inspection or enquiry all information for yourself.
11. The material contained on this Site is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on this Site or property particulars referred to on this Site shall not constitute any part of an offer or contract. Nothing on this Site should be relied on as statements or representations of fact. You must satisfy yourself by independent inspection or otherwise as to the correctness of any statements made in relation to anything on this Site. We and our employees, contractors, agents and representatives have no authority to make or give any warranty or representation in relation to the properties listed on this Site.
12. Nothing on this Site shall constitute advice specific to your circumstances. You should take appropriate professional advice on anything referred to on this Site. We are not an estate agent or licensed with The Financial Conduct Authority to provide investment advice. Please be aware that property values can decrease as well as increase. Please contact us at email@example.com if you require us to clarify anything or if you have any queries.
13. We accept liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation or for any liability that we cannot exclude or limit at law.
14. To the extent possible by law and subject to paragraph 13 above, to the extent permitted by law: 1. Our maximum liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability in use or delay in use of the Sites or any material in them or accessible from them or from any action or decision taken as a result of using the Sites or any such material shall be £100; and 2. We shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Sites or any material in them or accessible from them or from any action or decision taken as a result of using the Sites or any such material for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (b) to (l) apply whether such losses are direct, indirect, consequential or otherwise.
15. NHMS name and logo and all related names, design marks and slogans are the trade marks or service marks of us or our licensors.
16. Except for our other sites, we have no control over and accept no responsibility for the content of any site to which a link from this Site exists (unless we are the provider of those linked sites). Such linked sites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party site to which this Site provides a link.
17. You must not without our permission frame any of this Site onto your own or another person’s website.
18. We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of this Site, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular: 1. You shall not make any warranties or representations about us, our services or our policies except with our prior express authorisation; 2. You shall not say anything that is false, misleading, derogatory or offensive about us or our services or properties; and 3. You shall not suggest expressly or impliedly that we have endorsed your site or are associated with it where this is not the case.
20. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Site Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
21. If you want to contact us for any reason, please email us at firstname.lastname@example.org, telephone us on 01786 451234 or write to us at New Homes Mortgage Scotland
Unit 10, Stirling Business Centre, Wellgreen, Stirling, FK8 2DZ.
22. These Site Terms shall be governed by and construed in accordance with English law. You submit to the non-exclusive jurisdiction of the English courts to settle any dispute which may arise under these Site Terms.
This Privacy Notice applies to the use and processing of personal information collected by The New Homes Group, TORC24, New Homes Mortgage Helpline and New Homes Mortgage Scotland which are trading names of The New Homes Group Limited. The ICO Registration number of The New Homes Group Limited is Z5022084.
The phrases “us”, “we” or “our” will mean those businesses which are part of The New Homes Group Limited on behalf of and in respect of whom this Privacy Notice is made.
For information concerning the collection, use and processing of personal information by any of our third party business partners or suppliers, please contact our representative with whom you usually deal.
Please read this Privacy Notice carefully. If you have any questions about this notice or our use of your personal data, please contact the Connells Group Data Protection Officer by email to DPO@connellsgroup.co.uk or in writing to Cumbria House, 16-20 Hockliffe Street, Leighton Buzzard, Bedfordshire, LU7 1GN.
Sequence (UK) Limited is part of the Connells Group, and all data protection matters are managed at Group level. Information concerning the make-up of the Connells Group can be found by visiting http://www.connellsgroup.co.uk/our-group
When you enquire or register for products and services provided by The New Homes Group Limited we may collect personal information from a variety of sources.
The majority of the personal information which we collect will have been provided by you during the course of your relationship with us either through face to face contact, by telephone, email or electronic communications such as messaging or through the internet.
However we may also obtain your personal data from other sources including:
4.1 Information we collect directly from you
Depending on the type of service or product we are discussing, the following are examples of information we may collect directly from you:
|Information we may collect directly from you||Why we collect it|
|Your name, postal address, phone number, email address and details of your requirements||To provide you with estate agency services to find a property to buy or sell|
|Your marital status, date of birth, nationality and tax status||When you enter into a residential sale or letting agreement|
|Your date of birth, nationality and details from identity documents you provide||To perform ‘know your client’, anti money laundering and right to rent checks, as required by law|
|Proof that you have sufficient funds to support any offer that you may wish to make to buy a property||To ensure you able to pay the required amount of deposit|
|Financial information, for example, a copy of your bank statement or an agreement in principle from your mortgage provider||To provide evidence of the source of funds you will be using to buy a property|
|Your bank account details||Where we take payment for the services we provide to you|
|Details of your mortgage arrangements, confirmation of how long you have owned the property and details of the source of monies invested in the property when you register to sell||To undertake know your client and anti money laundering checks|
|Your marital status, employment details, national insurance number, nationality, residential status, bank details and credit history||To carry out referencing and credit checks and the results of those checks|
|Your name, gender, previous name, mother’s maiden name, date of birth, contact telephone numbers, current address and previous addresses, details of your health and family history , information about your status and dependents, your nationality, bank account details, savings and investments, existing financial commitments, your credit history, your mortgage requirements and existing protection arrangements||To enquire or apply for mortgage or protection products on your behalf|
|Your communication and marketing preferences||To ensure we only send you details of products and services you are interested in through your preferred communication channel|
Where you ask us to help you with your life, critical illness or income protection insurances, and we collect personal information from you which is of a sensitive nature, we treat this ‘special category’ information in accordance with the additional protection it is given under data protection laws.
We may, during the course of your relationship with us, request additional information from you which is relevant to the provision of specific services.
Any telephone calls either to or from our customer service teams may be recorded for training, monitoring, compliance and security.
4.2 Information we collect when you visit or create an account on our websites
We may collect personal information in connection with your use of our website, such as:
4.3 Information we obtain from third parties
Where we are required by law, or for business needs, we will obtain information about you from third parties, but only after we have your agreement to do so. For example (but not limited to) the third parties we may need to contact are credit reference agencies, banks, employers, accountants and solicitors in order to obtain references, undertake identity verification and basic criminal record checks, and validate your income level and financial history.
4.4 Circumstances under which criminal disclosures will be collected
The arrangement of certain types of insurance may involve disclosure by you to us of information relating to historic or current criminal convictions or offences. This is relevant to insurance related activities such as underwriting, claims and fraud management.
When we process any Criminal Disclosures we do so on the basis that it is in the substantial public interest to be able to provide vital insurance products as permitted by UK data protection related laws and regulations from time to time. Information on Criminal Disclosures must be capable of being exchanged freely between insurance intermediaries such as us and insurance providers, to enable customers to secure the important insurance protection that they require.
We will process the information you provide or we obtain from other sources to provide you with products and services and answer any questions you may have.
The following are examples of how we use the information we collect:
5.1 Customer Surveys
From time to time we may provide your information to our customer service agencies for research, survey and analysis purposes so that we can monitor and improve the services we provide. We or our agents and sub-contractors may occasionally contact you including by post, email or telephone to ask you for your feedback and comments on our services.
5.2 Information about our products and services
We may also use your personal data to contact you by post, e mail, telephone or other electronic means to provide you with information about products and services from the Connells Group and carefully selected third parties which we feel may be of interest or relevant to your needs.
Please see Section 12 for information about how you can exercise your rights.
5.3 Credit scoring
Some of the services provided by third parties may involve an automated decision and/or credit scoring to determine whether we are able to provide a service or product.
Using third parties to undertake searches and collate information on our behalf helps make fair and responsible decisions. When coming to these decisions we and third parties will consider:
Any credit scoring methods used by third parties are regularly tested to ensure they remain fair, effective and unbiased.
For further information about automated decisions or credit scoring, please contact the Connells Group Data Protection Officer by e mail at DPO@connellsgroup.co.uk
We may share your information both within the Connells Group of companies and also relevant third party business partners, both for the purposes set out in this Privacy Notice, or for other purposes approved by you.
6.1 Connells Group
We may share information within the Connells Group of companies for the following purposes:
6.2 Third Party service providers Where we engage third party service providers to provide products (such as mortgages, house and contents and family protection insurances and utility services) or other business services and operations, we provide them with only the personal information they need to perform the service or provide the product we request. We contractually require them to securely protect information, and not to use it for any other purpose.
Indicatively – but not limited to – we may disclose your information to the third parties listed below for the purposes listed:
|Why we share your personal information|
|Our panels of mortgage lenders||To progress your enquiry or application for a residential or buy to let mortgage application
|Ageas Insurance Limited||To progress your enquiry or application for buildings and contents insurance
|Aviva||To progress your enquiry or application for term insurance, critical illness cover and income protection
|Rent and Legal insurance providers||To set up landlord insurances, and in the event of a claim|
|The Local Council||Payment / collection of Council Tax|
|Law enforcement bodies including the police, HMRC and local authorities||To comply with court orders or legal obligations|
|Landlord, tenant or Guarantor||To comply with our legal obligations where we are providing a lettings service|
|Debt collection companies||To assist us in recovering any monies which are owed and overdue
The New Homes Group Ltd processes your information under any of the following lawful conditions:
We may transfer or otherwise process your personal information:
We will keep your information for as long as is reasonably necessary for the purposes set out in this privacy notice, and to fulfil our legal and regulatory obligations.
For further information about how long we will keep your information, please contact the Connells Group Data Protection Officer by email at DPO@connellsgroup.co.uk.
10.1 Service related
We will send you service related communications and respond to any questions which you may ask.
10.2 Marketing our services to you
Where you contact us through our website, or make an enquiry on the phone, we will use the details you have supplied to us to provide you with our general property marketing list by email.
If you choose to ‘opt-out’ then we will not email you any further information relating to our general property marketing list.
We may also carry out targeted advertising to you on social media websites such as Facebook where you have already shown an interest in our services. This is done through analysing information we collect about your interactions on our websites and making this available to social media networks.
We give you choices about how we communicate promotions and offers to you.
11.1 By e mail
We only send you promotional emails if you explicitly select to receive these (you opt in). You can stop receiving promotional email messages from The New Homes Group Limited by following the opt-out or unsubscribe instructions provided in any email you receive.
11.2 By post
We only send you promotional postal mail if you explicitly select to receive these (you opt in). You can stop receiving promotional postal mail from The New Homes Group Limited by following the opt-out or unsubscribe instructions included in those communications.
11.3 Mobile Text Messages
We will only send you promotional text messages if you explicitly select to receive these (you opt in). You can stop receiving promotional text messages from The New Homes Group Limited by following the opt-out instructions provided in the text message.
We will only send you promotional calls if you explicitly select to receive these (you opt in). You can stop receiving promotional calls from The New Homes Group Limited by following the opt-out instructions provided in the text message.
You have a number of rights concerning the personal information we use. These include the right to:
Where you have provided consent for our processing of your personal data, you may withdraw that consent at any time. If you withdraw your consent, your previous consent will remain valid in respect of our use of your data in relation to good or service we are still contracted to provide
We will act to respond to your request to stop receiving promotional email, phone, text or postal messages from Connells Group as quickly as is practicable (around 10 working days, as systems take time to replicate). We will keep information for record keeping purposes, to ensure we fulfil your request not to send particular types of messages.
If you wish to make a request for access to a copy of your personal data, please write to the Connells Group at Group Legal Services, Bridgegate House, 5 Bridge Place, Lower Bridge Street, Chester CH1 1SA or email DSAR@connells.co.uk
If you wish to exercise any of your other rights, please write to the Connells Group Data Protection Officer at Connells Group, Cumbria House, 16-20 Hockliffe Street, Leighton Buzzard, Bedfordshire, LU7 1GN or e mail DPO@connellsgroup.co.uk
We will acknowledge your request and let you know what we will need from you to carry out your request. Every effort will be made to respond to or comply with your request as quickly as possible, and we will ensure our systems are updated as soon as is practicable in response to your request.
A cookie is a small file placed on your device when you visit a website that can be understood by the site that issued the cookie. We use the information collected by cookies to remember who you are to log you in and to store your preferences when using a particular site. It may contain a unique identifier to ensure that you are not shown the same information and/or are only shown information you have stated that you are interested in.
Our security software may use your IP address and browser version to help protect our systems and provide diagnostic information in the case of an issue.
We store your personal information on our computer systems and in our paper records.
We have implemented strict security procedures to ensure that personal information is not damaged, destroyed or misused, and to prevent unauthorised access to your information.
The information that we collect is stored in a secure facility with restricted physical access.
We also use a number of security measures to prevent electronic access.
Where – in line with this Privacy Notice – information is shared with third parties, similar security measures are used to protect your information.
If we need to transfer data outside the European Economic Area (EEA) and the country it’s transferred to is not on an approved list for having adequate security controls in place, we will limit when we do this and the amount of personal data we send. We will also ensure that there is adequate protection in place before sending anything to other countries outside the EEA by imposing contractual obligations on the recipients to ensure the security and confidentiality of your data.
We do not offer any products or services to children. In certain circumstances (for example a mortgage application) we may need to collect the name and date of birth of children from mortgage applicants, and share this with the selected mortgage provider.
Our websites, other electronic portals and documentation may provide links to other websites for your convenience and information. These may operate independently from us and have their own privacy notices or policies, which we strongly suggest you review.
Where linked websites are not owned or controlled by us, we are not responsible for their content or data privacy practices.
When you provide us with this information, you agree to the collection, use and sharing of your information in accordance with this data privacy notice. Our promise to you is that
We will occasionally update our Privacy Notice, so we suggest that you review this Notice from time to time. If we make substantial changes to our Privacy Notice, we will endeavour to inform you directly about these changes.
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