This notice provides details of what information we collect from you, what we do with it, and who it might be shared with.
Identity and contact details of the controller and the data protection officer
Falkirk Council is the data controller. You can contact the data protection officer at:
Frequently asked questions
Why do we collect this information?
The information is being collected for the following purposes:
- To enable us to market our commercial property for sale or rent.
- To enable us to effectively manage our existing property estate and to manage our contractual relationships with tenants and other users or occupiers of our commercial property estate.
- For all other necessary purposes related to the management of our commercial property.
The legal basis for each purpose is set out below:
| Legal basis |
Purpose |
| Consent |
|
| Performance of a contract |
1,2,3 |
| Legal obligation |
|
| Vital interests |
|
| Task carried out in the public interest |
1,2,3 |
| Legitimate interests |
|
We need to communicate with members of the public on property related matters including but not limited to marketing of property for sale of rent, general property matters, lease matters, licences to occupy land and associated matters relating to the management of the Council’s land and buildings.
What information do we collect about you?
For the purposes detailed above, we collect personal data including your name and contact details (including telephone number, email or address). We also keep copies of your communications with us and our responses.
Where do we collect information from?
We collect information from you, using a variety of different methods, including when you complete one of our forms, when you call, write, email or meet with us. We may also obtain information about you from other council departments or services or from any representatives you have asked to act on your behalf such as but not limited to solicitors. We may also collect your data from any identity documents which you exhibit to us.
Data is stored in a range of different places, including in paper files and in other IT systems including the email system.
This list is not exhaustive and we may on occasion get information from other sources not listed above.
Who might we share your information with?
We will keep your information safe and secure. We will have systems, processes and training designed to achieve this.
We will not share your information internally unless this is necessary for the performance of duties and Council business.
We may share your information with other Council departments, including but not limited to the Council's in-house legal team (who carry out the legal works for most matters involving the Council’s commercial property) and the non-domestic rates section, the insurance section, the accounting and budgeting section and the debtors section (all parts of the Council’s Finance Services), to enable these sections to manage any financial aspects of any contractual relationship we may have with you.
We may also share your information with Central Scotland Assessors with regard to non-commercial rates and matters of rateable value of commercial property.
Your information may also be shared with external solicitors, surveyors or other professional advisers in relation to matters including but not limited to those arising from leases, property transactions and other commercial property matters.
Your name and address may be published in public registers of deeds and property such as the General Register of Sasines, the Books of Council and Session and the Land Register of Scotland in so far as they are included in contracts, agreements or title deeds which are registered in these registers.
The Council has a duty to protect public funds. We may check your information within the Council for verification purposes and/or for the prevention of fraud. We may share your information with other organisations where we are required to do so for the purposes of the prevention or detection of crime.
Will we send your information outwith the UK?
We do not transfer your information outwith the UK.
How long do we keep hold of your information?
We keep your information as long as required by law or by our business requirements. We have a Business Classification Scheme in place which sets out the types of records we hold, and how long we hold them - you can access the relevant part of the scheme below.
- Downloads
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Council Property
PDF file, 136 KB
What are my rights in relation to the information held about me?
You have the following rights:
- To see any information held about you by making a subject access request.
- To withdraw consent at any time, where the legal basis for processing is consent.
- To data portability, where the legal basis for processing is (i) consent or (ii) performance of a contract.
- To request rectification or erasure of your information, where data protection legislation allows this.
Do I have a right to complain about the way information has been used?
If you have a concern about the way we are collecting or using your personal data, please let us know and we will try to resolve this. If you are still concerned, you can contact the Information Commissioner:
Do I have to provide my personal data to you?
Where the data is needed to enter into a contract with you, or carry out that contract, if you do not provide this data we may not be able to enter into, or continue, the contract.
Do you use any automated processes to make decisions about me?
We will not use profiling or automated decision-making processes in relation to you. Some processes are semi-automated (such as anti-fraud data matching) but a human decision maker will always be involved before any decision is reached in relation to you.
This notice was last updated in November 2019.