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In these Terms, when we refer to we, us etc, we are referring to On Point Data Ltd. When we refer to you, we are referring to you, the customer.

Your use of our Website to purchase Services, is governed by these Terms and our Privacy Policy and our Website Terms of Use. Please take the time to read them, as they include important terms and conditions which apply to you.

You can contact On Point Data Ltd by writing to us at the address on our Website, or by emailing cs@onpointdata.co.uk

The Services and the Website are intended for the exclusive use of businesses and are not intended for consumer use. Users of the Services are required to register as users with On Point Data Ltd before utilising the Services or any of the services on the Website.

1. DEFINITIONS

In these Terms, when the following words with capital letters are used, this is what they will mean: "Address Data" means the property address(es) supplied by you to us when you submit an Order;

"Contract" means the contract for the purchase of Services through the Website which is formed in accordance with term 3 below;

"Event Outside Our Control" means any act or event beyond our reasonable control including, without limitation, strikes, lock-outs, trade union action or any other industrial action by Third- Parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or prohibitions or enactments of any kind on the part of a local authority or a body responsible for the maintenance of records, including, but not limited to, the Land Registry, Registers of Scotland, Scottish Record Office, HM Registry and Companies House;

"Intellectual Property Rights" means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

"Order" means an order for the purchase of Services which you submit to us through the Website
using our online ordering system, through a system integration or by email;

"Services" means any property search and / or title search or other related services which we make
available for purchase through the Website;

"Terms" means these terms and conditions of purchase; and

"Third-Party Materials" means any report, search, data, information or materials acquired by On
Point Data Ltd from Third-Parties to be provided to you in connection with the Services from time to
time.

2. PLACING AN ORDER

2.1. When you order any Services through the Website, through a system integration or by email, these Terms will apply to that Order. By placing an Order by email or through a system integration you are confirming that you accept these Terms. If you do not accept the Terms, then you will not be able to order any Services.

2.2. If we accept your Order, these Terms will form the basis of the Contract between us. Please see term 3 below for more information on how the Contract between us is formed. You should print a copy of these Terms and save them for future reference.

2.3. It is your responsibility to ensure that the details of your Order are correct and accurate and that you provide us with all information relevant to your Order. Our order process allows you to check and amend any errors before submitting your Order through the Website. You should however note that we shall not be responsible for any input errors in your Order

3. HOW A CONTRACT IS FORMED BETWEEN US

3.1. When you place an Order through the Website you are offering to buy those Services from us. We will send you a confirmation email shortly after you place your Order ("Confirmation"). However, this email is simply confirming receipt of your Order and does not mean that your Order has been accepted. You should note that:-

3.1.1. we are not obliged to accept your Order; and
3.1.2. no contract exists between us for those Services at this stage.

3.2. When you place an Order by email or through a system integration you are offering to buy those Services from us

3.3. Subject to term 3.4 we will send you an email with the Services which you requested in your Order ("Dispatch Email"). The Dispatch email is our acceptance of your offer to buy the Services from us and the Contract between us will only be formed when we send you the Dispatch Email.

3.4. All the Services shown on our Website are subject to availability. If we are unable to supply you with the Services we will inform you of this by e-mail and we will not process your Order

3.5 For the avoidance of doubt, no one other than you and On Point Data Ltd shall have any right to enforce any term of the Contract.

4. OUR SERVICES

4.1. For the purpose of the Contract, the description and any specification of the Services will be set out in the Order

4.2. We reserve the right to alter the Services or any relative specifications (whether such specifications have been submitted by you in the Order or otherwise), at any time, if we are required to do so by law. In such circumstances we shall notify you as soon as practicable by email and will not process your Order until you have confirmed that you wish us to proceed.

5. PROVISION OF SERVICES

5.1. On Point Data Ltd warrants that it will provide the Services using reasonable care and skill.

5.2. On Point Data Ltd shall use all reasonable endeavours to meet any performance dates specified in the Order, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

5.3. You confirm that you have authority to bind any business or individual on whose behalf you use the Website to purchase Services.

5.4 Services ordered by you and rendered by On Point Data Ltd are deemed to have been instructed or ordered by you and you shall be treated as the party responsible for payment for the Services, unless otherwise agreed in writing between the parties before the Order is placed.

5.5 If you are not the person undertaking the transaction in relation to the property that is the subject of the Services but are ordering the Services, directly or indirectly, for such person, you agree to ensure that a copy of any report or search provided as part of the Services is provided to such person before the said transaction is entered into.

5.6 These Terms and any document expressly referred to in them and the Order and Dispatch Email constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between both parties, whether written or oral, relating to its subject matter and any other terms and conditions implied by trade, custom, practice or course of dealing.

5.7 You acknowledge that in entering into this Contract you have not relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, any document expressly referred to in them or the online order form.

5.8 Both parties agree that neither party shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

5.9 In providing search reports and services On Point Data Ltd will comply with the Search Code.

5.10 For Insurance Products, any insurance premiums received by On Point Data Limited from You will be held on behalf of the insurer by reason of risk transfer. If You pay a premium to On Point Data Limited it will be treated as being received by the insurer(s). It also means that if the insurer(s) pay returns premiums to On Point Data Limited which we fail to forward to You, the insurer(s) will still be liable to You. On Point Data Limited receives a percentage commission from the insurer taken from the premium against gross wri?en premium.

5.11 You will not receive advice or a personal recommendation from us. We will ask sufficient questions to establish your demands and needs. Any quotation we give you will be consistent with those demands and needs. You will then need to decide how to proceed and whether you consider if the product is suitable for you.

5.12 We do not guarantee the solvency of any insurer we place business with.

5.13 On Point Data Limited provides insurance products available from CLS. Insurers which CLS may place business with can be viewed on their capacity page https://clsl.co.uk/about-us#. You will be fully responsible for all premiums payable for insurance products that are ordered on Your account.

6. SPECIFIC ONLINE OFFERS

We may offer specific discounts on certain services from time to time. Such discounts will be subject to the specific terms and conditions stated on the Website in respect of these offers, in addition to these Terms.

7. PRICE AND PAYMENT

7.1. The prices for our services will be provided to you when you set up an account facility with us. We will do what we reasonably can to ensure that the prices provided to you are accurate and up to date, however, it is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any property search, title search or other documentation provided to you in furtherance of the Services. The prices provided to you are exclusive of VAT and any other applicable taxes (which are charged at the current rate).

7.2. We reserve the right to update the prices for the Services at any time and if we do so we will advise you by email or letter no less than 20 working days before the price change takes effect.

7.3. Unless otherwise agreed when you set up an account facility with us, our standard payment terms are 30 days from the date of invoice "the Due Date".

7.4 If payment is not made or received by the Due Date, we reserve the right to retain any reports or searches prepared for you as part of the Contract until full payment is received.

7.5 We shall be entitled to charge, and you shall pay, interest on all sums not paid by the Due Date at the rate of 4% above the Bank of England base rate from time to time until the date upon which full payment is received. You shall pay the interest together with the overdue amount.

7.6 You may be subject to validation checks and/or Third-Party authorisations depending on your method of payment.

8. CANCELLATION AND RETURN OF GOODS

8.1. If You are a Consumer, you have a legal right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, during the period set out in Clause

8.2. This cancellation right may not apply to You as We are not obliged to cancel an Order where;

8.2.1. Products are commissioned to Your specifications or by reason of their nature cannot be returned (i.e. the products are based on a specific Property); or

8.2.2. Where We have started work on the Goods with Your agreement

8.3. If You are a Consumer Your right to cancel the Contract starts on the date the Contract is formed. You have fourteen working days to cancel the Contract. If you cancel the Contract within this period, and the exceptions set out in Clause 8.2 do not apply, then You will receive a full refund of any fee paid by You. The refund will be processed as soon as possible, and in any case within 30 days of the day on which You gave us notice of cancellation. You will not be liable for any further payment to us in respect of the Contract.

8.4. To cancel the Contract You must email (Customer Service) cs@onpointdata.co.uk without delay. We will advise you what we may be able to do to cancel the Order, but You should be aware that as the Goods are procured without delay, cancellation may not be possible where fulfilment of the Goods has already started.

8.5. Following cancellation of the Contract (save for cancellation in accordance with Clause 8.3) You will remain liable for any costs, expenses and disbursements incurred by Us prior to receiving wri?en notice of cancellation. Such costs, expenses and disbursements shall be invoiced and payable

8.6. Any refund We may make is at Our discretion (save for cancellation in accordance with Clause 8.3).

8.7. Cancellation by You of part of a Search Pack will not entitle You to a refund in respect of the cancelled Goods. We may, at Our discretion, withhold any discount, rebate or commission We have agreed to pay You In respect of supply of Search Packs if sums due under any contract are outstanding or You have cancelled part of a Search Pack.

8.8 We may cancel any Contract (or any part of the Contract) for any reason, in which event we will notify you by email.

8.9. INSURANCE PRODUCTS: Any Insurance Product may be cancelled within 14 days of the Contract start date. You should call Us on 0300 373 2533 or email Us at cs@onpointdata.co.uk to discuss such cancellation

9. OUR LIABILITY

9.1 Nothing in these Terms limits or excludes our liability for: 9.1.1. death or personal injury caused by our negligence; and 9.1.2. fraud or fraudulent misrepresentation.

9.2. Subject to term 9.1, we will under no circumstances whatever be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

9.2.1. any loss of profits, sales, business, or revenue;
9.2.2. loss or corruption of data, information or software;
9.2.3. loss of business opportunity;
9.2.4. loss of anticipated savings;
9.2.5. loss of goodwill; or
9.2.6. any indirect or consequential loss.

9.3. Subject to term 9.1 and 9.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £5million in relation to Services provided in connection with residential and commercial properties. PI Insurance provided by: Aqueous underwriting via UKGlobal Bristol Ltd. Limit of indemnity £5,000,000 per single claim.

9.4. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

10. YOUR WARRANTY

10.1. You agree to indemnify and hold harmless On Point Data Ltd for any costs, damages, expenses, losses and liability (including settlement costs and legal fees) incurred in relation to any claim, action or proceeding brought against us due to breach by you of these Terms.

10.2. You shall notify us immediately of any misuse or potential misuse of your account information or password and you agree to take responsibility for all payments incurred through use of your account and / or password.

11. USE OF INFORMATION / DATA

11.1. We only use your personal data, which you provide to us in connection with your Order and as set out in our Data Protection Policy which can be found at www.onpointdata.co.uk. Please take the time to read our Data Protection Policy as it includes important terms which apply to you.

11.2. We maintain a database of address information (not any personal data) to which we will add the Address Data (the "Database"). We sell the Database and information contained on the Database (including the Address Data) to Third-Party marketing companies to be used to issue marketing communications to addresses about services which may be of interest to the inhabitants / proprietors of those addresses.

11.3. You confirm that you have obtained the necessary consents from all Third-Parties to enable you to provide us with the Address Data for the use described at term 11.2.

12. INTELLECTUAL PROPERTY

12.1. All Intellectual Property Rights in or arising out of or in connection with the Services shall remain in the ownership of On Point Data Ltd and may not be reproduced, transmitted or distributed without our express prior written consent.

12.2. You acknowledge that your use of any Third-Party Materials and the Intellectual Property Rights therein is restricted to the extent of any terms of use or licence terms imposed by the Third- Party providing the Third-Party Materials.

12.3. In respect of each report provided under the Contract, we grant a licence to you to use such a report and to pass such a report to others to use, in its entirety, in connection with the property transaction for which it was requested. You are not entitled to use any such report for any other purpose or provide it to any Third-Party for any other purpose. You shall not be entitled to modify or amend, nor make derivative works from, any such report. You shall not extract or copy any parts of the data contained in such a report nor use, sell, transfer, distribute or publish such extracted data for any purpose whatsoever.

12.4. No licence to use the report shall be granted to you until such time as payment for the Services is made in full to On Point Data Ltd. Until full payment is made to On Point Data Ltd you shall have no right to use and/or to rely upon the data contained in such reports.

13. THE WEBSITE

13.1. The information, materials and opinions contained on the Website are for general information purposes only, are not intended to constitute professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances.

13.2. The Website contains links to websites operated by Third-Parties. The inclusion of such links does not imply any endorsement or approval of any products, information, materials or services offered or provided on these Third-Party websites

13.3. We accept no liability for any claims, penalties, loss, damage or expenses arising from: any reliance placed on the content of the Website; the use of or inability to use the Website; the downloading of any materials from the Website; or any unauthorised access to or alteration to the Website.

14. DISPUTE RESOLUTION

14.1. We will endeavour to resolve any dispute between the parties.

14.2. On Point Data Ltd Limited is registered with the Property Codes Compliance Board as a subscriber to the Search Code. A key commitment under the Code is that firms will handle any complaints both speedily and fairly.

14.3. In furtherance of this commitment, we will comply with the following minimum standards:

a) produce a formal written complaints procedure and tell you what this is;
b) acknowledge a complaint within 5 working days of its receipt;
c) normally deal with a complaint fully and in writing within 20 working days of receipt;
d) keep you informed by letter, telephone or email, as preferred, if we need more time;
e) provide a final written response at the latest within 40 days of receipt; and
f) liaise, at your request, with anyone acting formally on your behalf

If you are not satisfied with our final response, or if we exceed the response timescales, you may refer the complaint to The Property Ombudsman scheme (TPOs); Tel: 01722 333306, website: www.tpos.co.uk, email: admin@tpos.co.uk. We will cooperate fully with the Ombudsman during an investigation and comply with his final decision.

14.4 If your complaint is in relaOon to our insurance products you may refer your complaint to: Financial Ombudsman Service; Exchange Tower, Harbour Exchange Square, London, E14 9SR. (Tel: 0207 964 1000, Fax: 020 7964 1001, Email: complaint.info@financial-ombudsman.org.uk)

15. OTHER IMPORTANT LEGAL TERMS

15.1. We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract which are caused by an Event Outside Our Control. If an Event Outside Our Control takes place that affects the Contract we will contact you as soon as reasonably possible to notify you. Please note our obligations under the Contract will be suspended for the duration of the Event Outside Our Control.

15.2. Each term of these Terms operates separately. If any of these terms is found by any court or relevant authority to be unlawful or unenforceable, the other terms shall not be affected and shall remain in full force and effect. If any term of these Terms is found to be unlawful or unenforceable but would be lawful and enforceable if some part of the term were deleted, the term in question shall apply with such deletion as may be necessary to make it lawful and enforceable.

15.3. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and that will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will do so only in writing, but that will not mean that we automatically waive any later default by you.

15.4. We may perform any of our obligations or exercise any of our rights under the Contract ourselves or where applicable, through any other persons (legal or otherwise) or entities.

15.5. We may transfer our rights and obligations under a Contract to another organisation but this will not affect your rights under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we give our prior written agreement.

15.6. You acknowledge that you have not relied on any statement, promise or representation made or given by, or on behalf of, us which is not set out within these Terms or any document expressly referred to in them.

15.7. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your Order.

15.8. Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. The provisions of this term shall not apply to the service of any proceedings or other documents in any legal action.

15.9. For the avoidance of doubt a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third-Parties) Act 1999 to enforce any term of this agreement.

15.10. These Terms are governed by the laws of England and Wales. This means that a Contract for the purchase of Services through the Website and any dispute or claim arising out of or in connection with it will be subject to the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

On Point Data respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (www.onpointdata.co.uk) (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

IMPORTANT INFORMATION
WHO WE ARE
THE DATA WE COLLECT ABOUT YOU
HOW IS YOUR PERSONAL DATA COLLECTED?
HOW WE USE YOUR PERSONAL DATA
DISCLOSURES OF YOUR PERSONAL DATA
INTERNATIONAL TRANSFERS
DATA SECURITY
DATA RETENTION
YOUR LEGAL RIGHTS
HOW TO CONTACT US AND COMPLAINTS

1. Important information

This privacy policy aims to give you information on how On Point Data collects and processes your personal data through your use of this website, including any data you may provide through this website when you purchase a product or service from us or when you register to receive marketing information from us.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

We keep our privacy policy under regular review. This version was last updated on 03/05/2023.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us

This website may include links to third-party websites, plug-ins and applications. 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 policy of every website you visit.

Our products and services are generally intended for use by property professionals (including, for example but without limitation, conveyancers, solicitors, estate agents, surveyors and mortgage brokers) ("property professionals"). Such property professionals will in turn be acting for and on behalf of their own customers and clients who may be individuals. Where you are such a property professional or a member of staff of a property professional, you will be responsible for how you use your clients' and customers' personal data and for providing them with information on how their personal data will be used. We are not responsible or liable for how property professionals use data relating to clients and the services provided by property professionals.

2. Who we are

On Point Data Limited is the controller and responsible for your personal data (collectively referred to as "On Point Data", "we", "us" or "our" in this privacy policy).

On Point Data Limited (a company registered in England and Wales with registered company number 14447886).

If you have any questions about this privacy policy, including any requests to exercise your legal rights as set out in the 'YOUR LEGAL RIGHTS' section, please contact us using the contact details in the 'CONTACT US AND COMPLAINTS' section.

3. 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, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data includes first name, last name, username or similar identifier, marital status, title and date of birth and in some limited cases proof of identity or address data (such as driving licences and/or passports).
Contact Data includes postal address, email address and telephone numbers.
Financial Data includes bank account and payment card details
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us (including the names and addresses of properties which you have ordered searches against).
Technical Data includes 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 this website.
Profile Data includes your username and password, purchases or orders made by you, your preferences, feedback and survey responses.
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose ("Aggregated Data"). Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your or your customer or client's identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with personal data so that it can directly or indirectly identify you or any other individual, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We may also collect, use and share data derived from the purchase of our products and services that relate to a specific property ("Property Data"). Property Data is not considered personal data in law as this data will not directly or indirectly reveal the identity of an individual. However, if we combine or connect Property Data with personal data so that it can directly or indirectly identify any individual, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you or your clients or customers (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.

If you fail to provide personal data

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 products or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

4. How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in online forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services;
- create an account on our website;
- request marketing to be sent to you;
- give us feedback or contact us.
Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy at https://onesearch.direct/cookie_policy/ for further details
Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below
- Technical Data from analytics providers such as Google and Lucky Orange based outside the UK
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
Information about other people that you provide us with. Where you have provided personal data about another person (for example, where you are a business customer and you provide us with Identity Data relating to one of your customers who require one of our products or services (such as a search report) or in respect of whom we provide an anti- money-laundering report), we need to process such personal data in order to provide these products and / or services for the benefit of such other person or people. By providing such information, you confirm that you have informed such third parties of our use of their information and that you have obtained their consent or are otherwise lawfully permitted to share their information with us

5 How we use your personal data

We will only use your personal data when the law allows us to. The types of lawful basis for processing personal data that we rely on are:

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 (such as a sales contract to supply you with conveyancing products).
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Consent means agreement which must be freely given, specific, informed and be an unambiguous indication of your wishes by which you, by a statement or by a clear positive action, signify agreement to the processing of personal data relating to you.
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 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 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.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your 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.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your 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 new customer or to register you as a representative of our customer	(a) Identity (b) Contact	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)
To process and deliver orders including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us	(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to sell and deliver our products and services and recover debts due to us)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to complete a survey	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications	Necessary for our legitimate interests (to study how customer use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	(a) 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) (b) Necessary to comply with a legal obligation
To deliver relevant website content to you and measure or understand the effectiveness of our advertising	(a) Identity (b) Contact (c) Profile (d) Transaction (e) Usage (f) Marketing and Communications (g) Technical	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To improve the products and services we (and our Group) provide to our customers.	(a) Transaction (b) Usage (c) Profile	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, 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 products or services that may be of interest to you, including products and services offered by other members of our Group	a) Identity (b) Contact (c) Technical (d) Transaction (e) Usage (f) Profile (g) Marketing and Communications	Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

We may use your Identity, Contact, 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 will process your personal data to provide you with marketing communications about our products and services if you have requested information from us or purchased products or services from us (including from other companies within our Group of), and, in each case, you have not opted out of receiving that marketing. We may use external marketing agents to help us with such marketing communications. The legal basis on which we and/or our companies within our Group process personal data for marketing purposes is our respective legitimate interest to develop and market Group products and services and grow business or because you have provided your consent for us to contact you.

You can ask us to stop sending you marketing communications at any time by contacting us (please see the CONTACT US AND COMPLAINTS' section) or, where relevant, by following the unsubscribe link in any marketing communication you receive from us. Where you opt out of receiving these marketing communications, this will not apply to personal data provided to us as a result of a product or service purchase or other transaction

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. .

Change of purpose

We will only use your 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 your 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

6. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table above.

Internal Third Parties. Your personal data may be shared with other companies within our Group (who are based in the United Kingdom)
External Third Parties such as service providers who provide IT and system administration services (such as hosting service providers, payment service providers, data providers, cloud based email and customer relationship management (CRM) system providers); or professional advisors including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, legal, banking, accounting and insurance services; marketing and public relations agencies; or HM Revenue & Customs, regulators or their authorities based in the United Kingdom who require reporting of processing in certain activities.
Third parties to whom we may choose to sell, transfer or merge parts of our business or 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 your personal data in the same way as set out in this privacy policy.
Specific third parties such as
- ViewMyChain.com to allow you to monitor the progress of a property transaction
- Data/product providers whom supply us with services or information which we must obtain in order to supply products or services to you. As part of how we provide our services, we need to share some of your data with third parties who supply information to us, or who provide the services we use internally. These parties include:
Albion Water
Anglian Water
Argyll Environmental
BT
CAA
CLS
Cable and Wireless
Canal & River Trust
Coal Authority
Forestry Commission
GBG
Geodesys (Anglian Water)
Groundsure
Highways Agency
Land Registry
Landmark
LMS -Confirmley
Local Authority
Network Rail
Northumbrian Water
Ordnance Survey
Port of London Authority
Royal Mail
SDLT Compass
Scottish and Southern Energy
Severn Trent Water
South West Water
Southern Water
Thames Water
Thirdfort
Transport for London (TfL)
United Utilities
Veolia Water
Virgin Media
Water Authority
Welsh Water
Wessex Water
Yorkshire Water

We 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

7. International transfers

We do not process your personal data in any country outside the UK..

However, some of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.

Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK

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

8. Data security

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

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.

9. Data retention

How long will you use my personal data for?

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.

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, regulatory, tax, accounting or other requirements.

We will generally retain our customers' data for a period of 7 (seven) years after a contract has ended, to ensure that we are able to assist you should you have any questions or feedback in relation to our products or services or to protect, or to defend our legal rights, or for tax purposes

Where you are a client of one of our customers and your personal data is processed via our website, we refer you to the relevant customer's retention policy. Your rights in respect of that customer are also set out below (please see the 'YOUR LEGAL RIGHTS' section). Subject to you exercising your rights with the relevant customer, we store the customer's data, which may include your personal data, in accordance with the ' We will only retain your personal data for as long as necessary' section and the relevant customer's instructions.

We have processed your personal data to provide you with marketing communications with consent, we may contact you at least every 12 (twelve) months to ensure you are happy to continue receiving such communications. If you tell us that you no longer wish to receive such communications, your personal data will be removed from our marketing lists (but will be added to a "do not contact" list).

Where we have processed your data for any other reason (such as where you have contacted us with a question in connection with services or in relation to recruitment), we will retain your data for 12 (twelve) months.

In some circumstances you can ask us to delete your data; please see "Your Legal Rights" for further information

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.

10. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are detailed below:

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 directly (please see the 'CONTACT US AND COMPLAINTS' section).

No fee usually required. 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.

11. CONTACT US AND COMPLAINTS

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact US using the details set out below.

Full name of legal entity: On Point Data Limited

Email address: cs@onpointdata.co.uk

Postal address: Unit 6, Second Floor, Export House, 5 Henry Plaza, Victoria Way, Woking, GU21 6QX

Telephone number: 0300 373 2533

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.

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