Business lending
Instructions and security documentation for taking security over land, buildings and property in connection with business lending.
Please read the Rules of Use before viewing any documents as it contains important information relating to your use of the Virgin Money security documentation, and privacy of your information, and our products.
These documents are only for use by legal and conveyancing professionals who have been instructed to use them by Virgin Money. They must not be used for any other purpose.
All documents are provided in Adobe PDF or Microsoft Word formats.
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Business Lending - Rules of use of this site ("Rules of Use")
Please take time to read this important information.
1.1 This Internet site (uk.virginmoney.com/business/security-docs/) (this "Site") of Clydesdale Bank PLC (trading as Virgin Money) (the "Bank") or any communication containing a link to this site is for the professional use of the solicitors and licensed conveyancers specifically provided with the address for this Site when instructed by the Bank. Do not use this Site for any other purpose.
1.2 The forms and documents on this Site should only be used in accordance with specific written or verbal instructions received from the Bank.
1.3 The Site should be used in all matters relating to the constitution and registration of security in favour of the Bank and is not intended for distribution to, or use by, any person or entity.
1.4 These Rules of Use contains important information relating to your use of this Site, the privacy of your information and our products.
1.5 Use and access of this Site infers your acknowledgement and acceptance of the Rules of Use as the same may be amended from time to time. If you do not agree to the Rules of Use, please do not use this Site.
1.6 Unless otherwise stated the information and documentation held on this Site is intended for use in the UK only, and is not aimed or intended for use by residents of any other jurisdiction.
2.1 The Bank is authorised by the Prudential Regulation Authority, and regulated by the Financial Conduct Authority and Prudential Regulation Authority. Financial Services register no. 121873,. Credit Facilities other than regulated mortgages are not regulated by the Financial Conduct Agency. The Bank is registered in Scotland under the company number: SC001111, having its registered office at 30 St. Vincent Place, Glasgow, G1 2HL.
2.2 The Bank is a member of a group of companies (the "Group"). The Group includes Clydesdale Bank PLC, each subsidiary or holding company of Clydesdale Bank PLC from time to time, and each subsidiary from time to time of any such holding company. A complete list is available on request.
2.3 Details about using our website and our Trademarks can be found on the Terms of use for our website.
The Bank adheres to the LSB Standards of Lending Practice and Codes. It’s a voluntary code which sets standards for good lending practices. Further details can be found on the Lending Standards Board website Link opens in a new window (opens in a new window).
4.1 You should access this Site via the specific URL provided.
4.2 Throughout this Site there are words highlighted in bold and underlined in the text. If you click on these words you will be taken to another page of this Site or part of that page. Depending on your screen resolution, the text and materials on one page of this Site may not fit entirely into one screen. Where this occurs, you should use the vertical and/or horizontal scroll bars in order to access the entire content of the page. If you do not do this you may not see important material and information. The Bank shall not have any liability if a user suffers loss or damage as a result of failing to use and access this Site properly.
4.3 As noted above if you access individual pages directly you may not see important material and information including links to important legal or regulatory information which should be read in conjunction with these Rules of Use and the Bank's Privacy and Security Policy and other relevant information.
4.4 The Bank shall not have any liability if a user suffers loss or damage as a result of failing to see relevant legal or regulatory information displayed on this Site.
4.5 Access to this Site is permitted on a temporary basis, and the Bank reserves the right to withdraw or amend the service it provides on this Site without notice. The Bank will not be liable if for any reason this Site is not available at any time or for any period.
4.6 You are responsible for making all arrangements necessary for you to access this Site. You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of these terms, and that they comply with them.
5.1 Copyright in the contents of, and in all information contained on, this Site, vests in (or is duly licensed to) the Bank. All rights not expressly granted therein are reserved by the Bank.
5.2 You may download to an electronic device and retain a single copy of all or any of the pages (including parts of pages) contained on this Site and print copies of the same for your professional use. Other than that, no page or part of a page or other information contained on this Site may be copied, reproduced, stored, modified, altered, changed, reconfigured, adapted, transmitted, disseminated, broadcast or performed in any form or by any process, without the specific prior written consent of the Bank.
5.3 Users of this Site should not remove or alter any copyright or other notices of proprietary restrictions from any content or materials appearing within this Site. Any unauthorised downloading, re-transmission or other copying or modification of any page or part of a page or information therein may well be in breach of statutory or common law rights which could be the subject of legal action.
5.4 The Bank may provide links to other websites or resources (that are not part of the Group) for you to access at your sole discretion. You acknowledge and agree that, where you have chosen to enter a linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and shall not be responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use that others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
6.1 The information contained or displayed on this Site is believed by the Bank to be reliable when displayed. The contents of this Site are subject to change by us without notification.
6.2 The Bank aims to update this Site regularly and may change the content at any time.
6.3 The use of the internet and transmitting information to or from this Site may not be secure from access by third parties and therefore may not remain confidential or private. If you retain a hard or soft copy of all or any of these pages (including parts of pages) please ensure that the copy which is being relied upon is the most up-to-date version of that information available, by accessing this Site and refreshing/updating any cached copy of this Site or relevant part of it.
6.4 Information published on this Site may refer to products, information or services that are not available in your country or locality. The Bank is not obliged to provide such products, information and services and it reserves the right not to do so. The products, information and services published on this Site are not being made available to all users who access this Site and the products, information or services can be withdrawn at any time. The Bank is not in any way obliged to act upon any instructions received from users of this Site.
7.1 Access to and use of this Site is at the user's own risk and the Bank does not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, or otherwise minimise or eliminate the inherent risks of the internet including but not limited to loss of data, computer virus infection, spyware, malicious software, Trojans and worms. Also, we accept no liability in respect of losses or damages arising out of the changes made to the content of this Site by unauthorised third parties.
7.2 The Bank will not be liable to you, the end-user or any third party for any direct or indirect, special, incidental or consequential damages (including without limitation, those arising from lost data, business interruption or damages for loss of profits) arising in contract, delict, tort or otherwise from your inability to use this Site for any reason or any content of any web-site linked to this Site or the materials or information contained and displayed at any or all such sites or from action taken (or not taken) as a result of using this Site or any content or any web-site linked to this Site or the materials or information contained at any or all such web-sites.
7.3 Any exclusions, limitations or restrictions of liability contained in these Rules of Use shall be subject to the qualification that nothing contained in any such exclusion or limitation or restriction of liability shall:
- Operate to exclude or restrict any duty or liability of the Bank to any person which it has under the Financial Services and Markets Act 2000 (as amended from time to time); and
- Attempt to exclude liability that is not permissible under applicable law, including without limitation, for death or personal injury or for fraudulent misrepresentation.
8.1 The Bank and its related companies and businesses and personnel cannot guarantee that any file or program available for download and/or execution from or via this Site is free of computer viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used.
8.2 All files and/or programs published on this Site are published on the strict condition that you, the user, assume all risk of use and the Bank hereby excludes liability for all and any consequences of your use of such files or programs.
8.3 You will not transmit any technically harmful postings or transmissions to or through this Site (which shall include but not be limited to computer viruses, logic bombs, Trojan horses, worms, harmful components, corruptive data or other malicious software or harmful data) or engage in other practices of mis-use (which shall include but not be limited to hacking).
8.4 The Bank does not accept any liability for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any website linked to it.
9.1 Should any of these Rules of Use be held to be unenforceable the validity and enforceability of the remaining provisions shall not be affected and the unenforceable provision will be replaced by an enforceable provision which comes closest to the intention underlying the unenforceable provision and which is of similar economic effect.
9.2 If the Bank fails to exercise any right or remedy available under the Rules of Use such failure does not constitute a waiver of that right or remedy.
10.1 The information appearing on this Site including the products and services described on this Site have been prepared in accordance with and are subject to the laws of England and Wales or, if appropriate, Scotland. The information may not satisfy the laws of any other country. It is not directed at people in any other country other than the United Kingdom and should not be relied on by people of any country other than the United Kingdom.
10.2 Any visitor to this Site agrees that the use of this Site and the terms that are applicable are governed by the laws of England and Wales and are subject to the non-exclusive jurisdiction of the courts of England and Wales.
11.1 Introduction
We take your privacy seriously and you can find out more here about your data protection rights and how we collect, use, share and store your personal information we might collect about you as a legal and conveyancing professional.
This notice will update any previous information we have given you about using your personal information. We’ll update this notice if we make any significant changes affecting how we use your personal information, and if so we’ll contact you to let you know about the change.
11.2 What information we’ll hold about you
By “information” we mean all the personal information about you that we collect, use, share and store. The information we hold will vary according to the relationship you have with us. It can include but isn’t limited to:
- Information about your identity and contact details (e.g. Law firm name, contact name within the company, address, telephone number, email address).
- How you access and use our website or other digital services (e.g. your IP address, your location and the device and software being used).
Sometimes where we ask for your information needed to enter into a contract with you or to meet a legal obligation (such as a credit check), we’ll not be able to provide some products or services without that information.
11.3 Where we collect information from
We obtain information:
- Directly from you, for example in email correspondence.
- From your use of our websites or applications, including through the use cookies that collect information on your internet use.
Our Cookie Notice explains how we use cookies and similar tracking technologies as well as how you can control what cookies are placed on your device when using our websites and apps. Check out Virgin Money Cookie Notice for more details.
11.4 Why we need the information and what we use it for
Data Protection law requires us to have one or more reasons for using your information. In relation to processing data relating to legal professionals, the Group relies on the following reasons:
- 'Contract performance’ – the information is needed to be processed to manage our relationship with you as outlined within our standing instructions that you have previously agreed to i.e. your name and e-mail address in order to correspond with you.
- ‘Legitimate Interests’ - we’re allowed to use your information where, on balance, the benefits of us doing so are legitimate and not outweighed by your interests or legal rights e.g. to help resolve a query, issue or complaint.
Using your information
These are the main ways we’ll use your information (and the reasons for doing so):
Manage your account and relationships with us (contract performance, legitimate interests)
We’ll use your information to manage any relationship you have with us, in line with the terms of that arrangement and the rules of our regulators. An example of this would be helping to resolve any problems or complaints you may have, or fixing errors.
Improve our services and computer systems (legitimate interest).
We have a legitimate interest in making improvements to how we provide our services and to improve the security and resilience of the computer systems we use. We must also respond to any changes in law or regulation that relates to the protection of the information we hold about you.
We may use the information we hold to help us develop and test our systems (including new technologies and services) to ensure that they are safe and will work in the ways in which we expect them to. When we do this we’ll use processes and technologies that are designed to keep this information secure.
11.5 Who we share information with
When using the information we hold we may share it with other people or organisations.
We’ll treat the information we hold as confidential and may share information with the following who are also required to keep the information confidential, safe and secure:
- The companies within the Virgin Money UK PLC Group.
- The relevant business customer connected to you.
- Other companies, commercial partners, agents and professionals who provide products, services and administrative support to the Virgin Money UK PLC Group (e.g. our IT Suppliers).
- Anyone we may transfer our rights and duties under any arrangement to.
11.6 How long we hold information
How long we keep your information for depends on the relationship we have with you. We’ll retain information for no longer than is necessary to manage your relationship with us (See section 11.4 “Why we need the information and what we use it for") and this will mean that we’ll continue to hold some information for a period of time after our relationship has ended, for example where required by a regulator, for active or potential legal proceedings, to resolve or defend claims, or for making remediation payments.
11.7 Your legal rights in relation to your information
The law guarantees you rights in relation to your information. We have set out details of your rights below under individual headings.
You can contact us at any time to discuss how to exercise your data protection rights by emailing us.
Objecting to us using your information
We have told you about the ways in which we use the information we hold.
You can object to our processing of your information. When you make an objection we’ll have up to one month to respond to you. We’ll stop using the information in this way unless we disagree that we should because of a compelling legal justification for continuing to use it. We’ll always tell you what the justification is.
Access to information
You always have the right to ask whether or not we hold information about you. And if we do, what the information is, why we’re holding it, the ways it’s being used, who we share it with, how long we keep it for and whether it has been used for any automated decision making. You’re also entitled to a copy of the information. You can make a request for access free of charge either by email, letter, in person, online or over the phone.
Rectification of information
We always want the information we hold to be up to date and accurate. If any of the information we hold is either incorrect or out of date then please tell us and we’ll fix it.
Erasure of information
You have the right to ask us to erase or delete information where you consider there is no longer any justification for us holding it, either because:
- The information is no longer needed for the reason we collected it (See section 11.4 “Why we need the information and what we use it for”).
- We held and used the information based only on your consent, which you have now withdrawn.
- You have previously objected to a way in which we use information.
- We have been using the information unlawfully.
- There is a legal obligation on us to erase the information.
When you make a request for information to be erased we’ll have up to one month to respond. If we reject your request we’ll tell you and set out the reasons why we’ll not erase or delete the information.
Portability of information
You have the right to get some of your information that you provided from us in a machine readable format.
Restricting some uses of information
In certain circumstances you have a right to block or limit the use of information by us. This may arise where:
- You have challenged the accuracy of the information we hold and we are verifying this.
- You have objected to a use of information (see above) and we are considering whether your objection is valid.
- We have been using your information unlawfully but you want us to continue to hold the information rather than erase it (See “Erasure of Information” above).
- We no longer need to keep the information but you have asked us to hold it because of legal claims you’re involved in.
Who can I complain to?
If for whatever reason you are unhappy with any way we are using your information you should contact us in the first instance so that we can understand your issue and try and resolve it. Please contact us by visiting your local store or by contacting us via the details on our website.
We may ask our DPO to look at your situation.
If we can’t resolve the issue you have the right to complain to the Information Commissioners Office (ICO), the UK’s independent body set up to uphold information rights. For further information and contact details, visit www.ico.org.uk.
11.8 Contacting us
If you would like to contact us to exercise your data protection rights, please email us at DSARCCA.Queries@cybg.com or we can be contacted via post at DSAR Team, Symington House,7-8 North Avenue Clydebank,G81 2NT.
If you wish to contact us regarding a data protection compliant or issue you would like to notify us of (including a data protection breach) please contact customerrelations@virginmoney.com.
We also have a Data Protection Officer (DPO) who provides help and guidance to make sure we apply the best standards to protecting your personal information and comply with our responsibilities for data protection. Our DPO can be reached by email Data.protection.officer.queries@virginmoney.com.
11.9 Our Customer Privacy Policy
This privacy notice is intended for legal and conveyancing professionals only. If you would like to view our customer privacy policy, you can do so here.