Real Estate ACS Privacy Notice

PRIVACY NOTICE FOR THE BORDER TO COAST UK REAL ESTATE AUTHORISED CONTRACTUAL SCHEME

INTRODUCTION
1. This privacy notice sets out how Border to Coast Pensions Partnership Limited (collectively referred to as “we”, “us” or “our” in this privacy notice) uses and protects your personal data, in our capacity as the authorised contractual scheme manager of the Border to Coast UK Real Estate Authorised Contractual Scheme (the “ACS Scheme”).
CONTROLLER
1. We are the data controller and responsible for your personal data. Abrdn Investments Limited, in its capacity as the investment advisor to the ACS Scheme appointed by us, acts as our data processor. Workman LLP, in its capacity as property manager appointed by us and Abrdn Investments Limited also acts as a data processor and will have a separate data privacy notice which sets out its processing of your personal data.
2. We process personal data that relates to the following categories of individuals:
  1. existing, prospective and/or future tenants;
  2. landlords and building owners;
  3. investors;
  4. parties having obligations as payors and payees;
  5. property managers;
  6. occupiers;
  7. covenantors (including guarantors);
  8. service provider employees;
  9. neighbouring owners and occupiers;
  10. parties having an interest (whether vested or contingent); and
  11. visitors and other attendees,
  of or in relation to the real estate properties that are acquired, managed and/or disposed of under the ACS Scheme.
3. We have appointed a data protection officer (“DPO”) 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 DPO using the information set out in the ‘Contact Details’ section below.
TYPES OF PERSONAL DATA WE COLLECT ABOUT YOU
1. Personal data means any information about an individual from which that personal can be identified.
2. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
  1. Your personal details, such as: name, address, telephone number, email address and other contacts details.
  2. Photographs, images, CCTV where necessary for identification and/or access control purposes.
  3. Financial details, where necessary for us to manage the ACS Scheme.
  4. Information that is voluntarily disclosed to us in person, by email, by telephone, in person, or by any other means.
HOW IS YOUR PERSONAL DATA COLLECTED
1. We use different methods to collect your personal data, including through:
  1. Northern Trust Investor Services Limited as the depositary of the ACS Scheme;
  2. Each of the property managers or such other entities as may from time to time be appointed as property managers of the ACS Scheme;
  3. Abrdn Investments Limited, appointed as the exclusive investment advisor to the ACS Scheme;
  4. Knight Frank LLP, appointed as the standing independent valuer to carry out the valuations of the real estate property of the ACS Scheme; and
  5. credit reference and rating agencies and other third party databases.
HOW WE USE YOUR PERSONAL DATA
1. The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:
  1. Legitimate interests: we may use your personal data where it is necessary to conduct our business and purpose or legitimate interests, for example to manage the ACS Scheme. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless otherwise required or permitted by law).
  2. Legal obligations: we may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
DISCLOSURE OF YOUR PERSONAL DATA
1. We may share your personal data where necessary with the parties set out below for the purposes set out above:
  1. Northern Trust Investor Services Limited, appointed as the depositary of the ACS Scheme;
  2. Each of the property managers or such other entities as may from time to time be appointed as property managers of the ACS Scheme;
  3. Abrdn Investments Limited, appointed as the investment advisor or such other entities as may from time to time be appointed as investment advisor to the ACS Scheme;
  4. Knight Frank LLP, appointed as the standing independent valuer or such other entities as may from time to time be appointed to carry out the valuations of the real estate property of the ACS Scheme; and
  5. Our professional advisors in connection with the ACS Scheme
  and such other parties replacing or carrying out the functions to be otherwise carried out by those parties identified at (a)-(d) (inclusive).
2. We will require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
INTERNATIONAL TRANSFERS
1. We may transfer your personal data to service providers that carry out certain functions on our behalf. This may involve transferring your personal data outside the UK to countries which have laws that do not provide the same level of data protection as the UK law.
2. Whenever we transfer your personal data out of the UK to service providers, we ensure a similar degree of protection is afforded to it by ensuring that the following safeguards are in place:
  1. We will only transfer your personal data to countries that have been deemed by the UK to provide an adequate level of protection for personal data; or
  2. We may use specific standard contractual terms approved for use in the UK which give the transferred personal data the same protection as if has in the UK.
DATA SECURITY
1. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
2. 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.
DATA RETENTION
1. We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
YOUR LEGAL RIGHTS
1. You have a number of rights under data protection laws in relation to your personal data.
2. You have the right to:
  1. Request access to your personal data (known as a “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.
  2. 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 personal data you provide to us.
  3. Request erasure of your personal data in certain circumstances. 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.
  4. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
  5. 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.
  6. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:
    1. if you want us to establish the data’s accuracy;
    2. where our use of the personal data is unlawful but you do not want us to erase it;
    3. where you need us to hold the personal data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
    4. you have objected to our use of your personal data but we need to verify whether we have overriding legitimate grounds to use it.
3. If you wish to exercise any of the rights set out above, please contact our DPO (see contact details in paragraph 12 below).
4. 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 could refuse to comply with your request in these circumstances.
5. 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.
6. We try to respond to all legitimate requests within one month. Occasionally it could 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.
CONTACT DETAILS
1. If you have any questions about this privacy notice or about the use of your personal data or you want to exercise your privacy rights, please contract our DPO in one of the following ways:
  1. Email address: dpo@bordertocoast.org.uk
  2. Postal address: Border to Coast Pensions Partnership, Floor 5, Toronto Square, Toronto Street, Leeds, LS1 2HJ;
COMPLAINTS
1. You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”), the UK regulator 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.
CHANGES TO THE PRIVACY NOTICE
1. We keep this privacy notice under regular review. This version was created on 1 October 2024.