Privacy Notice



Introduction
 

Welcome to the poweredbypie privacy notice.

We respect your privacy and we are committed to protecting personal data. This privacy notice will inform about your privacy rights, how the law protects you, the types of data we need to collect and process to provide you with services and for other purposes and how we look after personal data.

 

1.     Important information and who we are

Purpose of this privacy notice 

This privacy notice aims to give you information on how we collect and process your data which you may provide to us in a variety of ways such as (without limitation) when you use our websites (see below for website details) generally and regardless of where you visit it from), use our ordering platforms which are accessed via our websites, when you order products or services from us by other agreed methods, when you have signed up to receive our newsletter or attend an event we have organised or where we communicate with you in a commercial manner (for example: to follow up on a meeting at a trade fair, or request for information or because we have identified your business as a potential client) or because you supply products or services to us.

Our services are not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice provided on specific occasions when we or a third party supplier are collecting or processing personal data about you so that you are fully aware of how and why your data is used.

This privacy notice supplements the other notices and is not intended to override them.

 

Controller Information

Poweredbypie is the trading name of Property Information Exchange Limited (CRN 06029390). This privacy notice is issued on behalf of Property Information Exchange and all its subsidiaries. PSG Connect Limited is one of these subsidiaries and includes PSG franchisees. As data may be used within the group this privacy notice is issued on behalf of all of the above. When we mention, "we", "us" or "our" in this privacy notice, we are referring to the relevant party you are dealing with as per issued invoices or other dealings with such party i.e. as a potential client or supplier). All such parties are registered with the ICO as data controllers. Please contact us if you have any queries about who is processing your data.

We have appointed a Group data protection officer who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data protection officer using the details set out below.

Some of the Poweredbypie companies are regulated by the Property Codes Compliance Board (PCCB) (www.pccb.org.uk) and are a member of the Council of Property Search Organisations (CoPSO) (www.copso.org.uk).

Property Information Exchange Limited is an authorised representative of PSG Financial Services Limited (a subsidiary) which is authorised and regulated by the Financial Conduct Authority (FRN 583137)

Contact details

Data protection officer: Stephen Murray

Postal Address: One Capitol Court, Ground Floor, Dodworth, Barnsley, S75 3TZ

Email address: data@poweredbypie.co.uk

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Your duty to inform us of changes

It is important that the personal data we hold is accurate and current. Please let us know if your details change during your relationship with us.

Third-party links

This website may include links to third-party websites such as those relating to our suppliers or partners.Clicking on those links or enabling those connections may allow third parties to collect or share data about you.

We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

 

2.     The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect and use your personal data which we have collected because you are (i) B2B user of the website or purchaser products and services from us by other agreed methods (Client) (ii) a business person with whom we do, or would like to do business with (Prospect) or (ii) a supplier to us (Supplier). The data we collect and our use of it depends on the context of our dealings with you as Client or Supplier.

In this notice where we refer to “you” we do not make a distinction between these routes of collect and uses and this distinction will be driven by the context. However, we have indicated the Data Types and data subjects in the table below.

 

Using our Ordering Platforms – Own Client Data

Our systems are designed to allow you to enter certain information about your customers in order to procure the various products we supply directly (within the Poweredbypie group) or indirectly (via third party suppliers).

To the extent that we process customer data please see the Data Processing Notice.

All products are supplied in accordance with our Supply Terms.

Interacting with our third party suppliers – integrations

Our systems work to streamline the ordering process with third party suppliers and in doing so a third party supplier may act as a controller (where you provide required customer data directly to them because our systems have an integration with them) or as a processor (where our systems pass required customer data to them as required for the product). All our third party suppliers are obliged to comply with GDPR whether as controller or processor and we have documented each relationship in our contracts with them. In the first instance please refer to privacy provision in the third party supplier's terms and conditions (see reference to this in our Supply Terms). Where a third party supplier is a controller they have the right to contact you as their customer but we manage the payment of the product for you. Should you wish to find out more about this please contact us.

In all instances it is your responsibility to ensure that you have obtained appropriate consent or provided appropriate privacy notice information to your customer to enable you to use customer data as required to order products from us.

In addition to the above, where you order a PSG Regulated Search (via PSG Client Services or a franchisee) this includes a SRIP policy for the benefit of the person acquiring an interest in the property, in the event of a claim under the policy, we will share customer data with the SRIP provider to process this claim.

 

Data Types and Data Subjects

We may collect, use, store and transfer different kinds of personal data which we have grouped together follows (this list is not intended to be exhaustive):

Data Type

Includes

Data Subjects

Account Data

Name, email, telephone, business address, user name for the online platform

Client and Supplier or other persons granted view only access to the online platform which could include a Prospect

Billing Data

Billing address

Client

Financial Information

Bank account and payment card details

Client

Customer Data

including name, maiden name, address, purchase address, date of birth, gender, previous addresses, passport or driving licence details, national insurance number

So far as we process customer data see the Data Processing Notice – Customer Data

Where you enter this information through an Integration the third party supplier’s privacy notice will apply.

Transaction Data

details about payments to and from you and other details of products and services you have purchased from us or we have purchased from you

Customer and Supplier

Technical Data

internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our websites

Customer, Supplier or Prospect using our websites

Profile Data

username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses

Customer or Prospect

Usage Data

information about how you use our websites, and products and services you order

Customer

Marketing and Communications Data

includes any preferences in receiving marketing from us, and our External Third Parties and your communication preferences, Identity Data

Client, Prospect or Supplier

 

We do not collect any Special Categories of Personal Data about data subjects (this includes details about race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

 

3.    How we use personal data

We will only use personal data when the law allows us to. Most commonly, we will use personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.We do not rely on consent as a legal basis for processing personal data. We are working with you in a business capacity and we consider that you are not providing data which relates to you as an individual and in respect of your personal life.

 

  • Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process personal data for our legitimate interests. We do not use personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
  • Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  • Comply with a legal or regulatory obligation means processing personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

 

4. Purposes for which we will use personal data

We have set out below, in a table format, a description of all the ways we plan to use personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. This information is not intended to be exhaustive.

Note that we may process personal data for more than one lawful ground depending on the specific purpose for which we are using data.

Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a Client including user of an online platform or Integration

(a) Account Data

(b) Billing Data

(c) Financial Data

Performance of a contract with you

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Financial

(b) Transaction

(c) Marketing and Communications

Performance of a contract with you /Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy notices

(b) Letting you know about any website service issues

(c) Communicating with you to deliver services or report back on provision of those services

(d) Asking you to leave a review or take a survey

(a) Account

(b) Marketing and Communications

 

 

 

Performance of a contract with you / Necessary to comply with a legal obligation /Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and our websites and ordering platforms (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) 

(a) Account

(b) Technical

 

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) / Necessary to comply with a legal obligation

To use data analytics to improve our websites, ordering platforms, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Account

(b) Technical

(c) Usage

(d) Profile

(e) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

 

Marketing

We may use your Account, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have not opted out of receiving that marketing.

 

Third-party marketing  

We will get your express opt-in consent before we share personal data with any company outside the Poweredbypie Group for marketing purposes.

 

Opting out 

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.

Cookies

Please see our Cookie Policy for further details.

 

Change of purpose  

We will only use personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

5.    Disclosures of personal data

We may have to share personal data with the parties set out below for the purposes set out in the table in paragraph 3 above.

  • Internal Third Parties – these are businesses within the Poweredbypie Group as set out above and franchisees of the PSG business.
  • External Third Parties - 
    • Suppliers (such as Landmark, SDLT.co.uk, Future Climate, AML provider and other as shown as suppliers on our ordering platform) who provide you with products and services who require certain data to provide these; we only provide the data which is needed. Where our systems have integrations with third party supplier sites you are providing the data (yours and of your Customer Data) directly to the supplier and you are reminded to consider the privacy notices of each supplier in this respect.
    • Providers of Customer CRM and marketing tools;
    • Insurance providers (Professional indemnity and SRIP) so that claims may be actioned;
    • Professional advisers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services; and
    • HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use personal data in the same way as set out in this privacy notice.


We require all third parties to respect the security of personal data and to treat it in accordance with the law and only for specified purposes. We do not allow our third-party service providers to use personal data we share for their own purposes.

 

6.    International transfers

Generally, for our internal functions we do not transfer your personal data outside the European Economic Area (EEA). Our email system is managed outside of the EEA and the provider has privacy shield certification.Whenever we transfer personal data out of the EEA, we ensure a similar degree of protection is afforded to it.

Please contact us if you want further information on the specific mechanism used by us when transferring personal data out of the EEA.

 

7.    Data security

We have put in place appropriate security measures to prevent personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

For more information as how your data is protected, please click here.

 

8.     Data retention

How long will you use my personal data for? 

We will only retain personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Full details of retention periods are available in our retention policy which you can request from us by contacting us. Here is a summary:

  • We keep basic information about our customers (and Clients) (including Contact, Financial and Transaction Data) for six years after they cease being clients for tax purposes.
  • We keep some record of the details provided in AML searches (Identity Data) to allow us to address Customer queries and then delete after 7 years.
  • We keep records of addresses relating to search reports so that we can provide copies of previous searches to Customers or Clients and to investigate any claims (SRIP or PI).
  • We generally keep the information that is required to provide services and products to you indefinitely. This is because we need to be able to investigate claims and provide copies of searches to Customers or Clients. These products are involved in the conveyancing process and the requirement for re-examination may arise only at the time a property is re-sold – which may be many years after the products were ordered.
  • For people who have requested us to remove them from the marketing database we keep this record indefinitely.
  • In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

 

9.     Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.  

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond 

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.


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