1. Definitions.
        a) The Service Provider is David Bellis Consulting Surveyors Ltd, trading as CoalSearchPlus+.
        b) The Applicant is the Individual, Organisation, or appointed officer of said Organisation placing a Request with the Service Provider.
        c) The Third Party Provider is any Organisation from which the Service Provider obtains data and/or information on behalf of the Applicant in the normal course of fulfilling the Applicants Request.
        d) The request is a formal Request by the Applicant with CoalSearchPlus+ to retrieve specific data and/or information.
2. CoalSearchPlus+ accept Requests only on the basis that the Applicant is acting as a principal and is directly liable for payment of our invoice or account.
3. It is the policy of CoalSearchPlus+ to observe confidentiality with regard to the identity and affairs of our customers to the extent permitted by law, but, in common with other service providers, we may be required exceptionally to disclose information to governmental and other public authorities.
4. The placing of a Request by the Applicant with CoalSearchPlus+ confirms acceptance of these terms and conditions.
5. Any Order Form produced by CoalSearchPlus+, either printed or published on the CoalSearchPlus+ website, is an invitation to treat. The Applicant makes an offer to buy from CoalSearchPlus+ by the submission of a Request, subject to clause 10. Acceptable modes of transmission for a Request are facsimilie (fax), telephone, electronic mail(e-mail), online transmission via the CoalSearchPlus+ website only, Royal Mail or courier appointed by the Applicant.
6. Orders will be accepted on order forms other than CoalSearchPlus+ forms however these will be accepted under the standard CoalSearchPlus+ terms and conditions only, subject to Clause 10.
7. CoalSearchPlus+ reserves the right to refuse any Request.
8. CoalSearchPlus+ reserves the right to cancel any Request at any time.
9. Proof of transmission of a Request by the Applicant does not constitute proof of receipt by CoalSearchPlus+.
10. It is the responsibility of the Applicant to ensure the accuracy, legibility, clarity and completeness of all data and/or information provided to CoalSearchPlus+ as part of the Request, including but not limited to, names, numbers, addresses, location plans, and boundary plans. This applies whether the Request is submitted on CoalSearchPlus+ order forms either printed or published on the CoalSearchPlus+ website or on the Applicants own order form.
11. CoalSearchPlus+ may request additional relevant data and/or information from the Applicant in the course of fulfilling a Request, including, but not limited to, names, numbers, addresses, location plans, and boundary plans.
12. CoalSearchPlus+ may request clarification of data and/or information supplied by the Applicant.
13. If, subsequent to Clause 11. and/or Clause 12., requested data and/or information is not provided and/or clarified, CoalSearchPlus+ cannot be held responsible for any resultant loss or delay.
14. If, subsequent to Clause 11. and/or Clause 12., requested data and/or information is not provided and/or clarified within a reasonable period of time, CoalSearchPlus+ reserves the right to cancel the Request in whole or in part. The Applicant remains liable for all fees, Taxes and Disbursements accrued prior to the cancellation.
15. CoalSearchPlus+ reserves the right to subcontract data and/or information retrieval to selected Organisations and/or Individuals. CoalSearchPlus+ is not required to reveal the identity of its Subcontractors.
16. CoalSearchPlus+ will, in the process of fulfilling the request, retrieve data and/or information from publicly and/or commercially available sources and the CoalSearchPlus+ mining database. The sources of data used will primarily be data held by The Coal Authority under an agreement with the Health and Safety Executive, data owned by the British Geological Survey and the CoalSearchPlus+ database.
17. A CoalSearchPlus+ mining report is a report of the interpretation of the data sources in 16. made by CoalSearchPlus+ staff.
18. CoalSearchPlus+ coal mining search reports are based upon the plans and records available from data sources detailed in 16. at the time the report was produced. It should be understood that third party organisations reserve the right to vary their proposals and intentions as to their future mining operations without prior notice save as provided in the Coal Mining Subsidence Act 1994. CoalSearchPlus+ cannot be held responsible for changes to the future proposals and intentions of Third Parties.
19. The information and/or material supplied in a CoalSearchPlus+ coal mining report is composed from data based, in many cases, on measurements and records of various standards of reliability and age. In some instances (usually relating to older records) it is necessary for CoalSearchPlus+ to make assumptions regarding the ‘best plot’ position of mining features. For these reasons users of CoalSearchPlus+ reports should take the position of mining features detailed in reports to be indicative only.
20. The data and/or information that a coal mining search report is based on is constantly being updated. A CoalSearchPlus+ coal mining search report is based on the most up to date information available at the time that the report is produced however it cannot be guaranteed that the information and/or data will not become obsolete at some time in the future. Responsibility for the supply of accurate and up to date information to CoalSearchPlus+ lies with the data supplying organisations listed in 16.
21. A CoalSearchPlus+ coal mining search report relates only to coal mining and minerals worked in relation to coal mining. Other reports may be required in relation to other minerals.
22. A CoalSearchPlus+ coal mining search report is not a substitute for site investigation or a mining survey. Depending on the content of a coal mining search report, or whether development is intended, the Applicant must decide whether a site investigation or mining survey is required.
23. CoalSearchPlus+ coal mining reports comply with the Search Code.
24. All CoalSearchPlus+ reports are covered by professional indemnity insurance. The content of CoalSearchPlus+ coal mining search reports does not prevent any future claim being made by the Applicant against the Coal Authority in respect of coal mining related subsidence.
25. Any liability in the instance of negligence by CoalSearchPlus+ or its employees in the interpretation of coal mining data and/or the production and provision of coal mining reports will be limited to the extent of the David Bellis Consulting Surveyors Ltd and CoalSearchPlus+ Professional Indemnity Insurance or the value of the loss caused by the negligence, whichever is the lower. The full extent of the CoalSearchPlus+ Professional Indemnity Insurance is £2 million. David Bellis Consulting Surveyors Ltd and CoalSearchPlus+ will assume that the value of the property being reported upon does not exceed £2 million at the time the order is placed. It is the responsibility of The Applicant to inform David Bellis Consulting Surveyors Ltd and CoalSearchPlus+ if the value of the property being reported upon is greater than £2 million. Professional Indemnity Insurance is provided to David Bellis Consulting Surveyors Ltd and CoalSearchPlus+ by QBE UK Ltd.
26. All CoalSearchPlus+ coal mining search reports give the information detailed in the services section of the CoalSearchPlus+ website and summarised in the report. Further explanation of this information is available in the Glossary and/or the Frequently Asked Questions areas of the CoalSearchPlus+ website. Alternatively contact CoalSearchPlus+ who will be happy to explain the content of a report.
27. The Request is fulfilled when all reports, data and/or information requested by the Applicant have been retrieved and/or compiled by CoalSearchPlus+ and delivered by electronic mail (e-mail) or fax or post or a combination of these methods as required by the Applicant. Alternative delivery arrangements are at the discretion of CoalSearchPlus+.
28. If Requests for multiple reports, data and/or information relating to multiple addresses were made on a single order form these will be fulfilled individually by the delivery of the reports, data and/or information relating to each individual address being treated as an individual Request.
29. CoalSearchPlus+ is not responsible for any loss or misdelivery of retrieved data and/or information caused by failure of Royal Mail or internet service provider. Most retrieved data and/or information is archived by CoalSearchPlus+ and a copy may be requested by the Applicant. If the data and/or information could not be archived CoalSearchPlus+ reserves the right to treat the request as a new Request.
30. Delivery, by whatever agreed means, will be accompanied by an invoice. Delivery by electronic mail may be followed up with a paper invoice by post. Where Applicants have agreed account facilities with CoalSearchPlus+ invoicing may be on a monthly basis. In all cases the Applicant agrees to provide CoalSearchPlus+ with remuneration for the full amount shown on the invoice, including all Fees, Taxes and Disbursements.
31. The Applicant will be liable for payment of the full invoice amount within 14 days from the date of receipt of the invoice. CoalSearchPlus+ reserve the right to charge for costs and expenses incurred in recovering late payments and to charge interest at the rate of 8% above the Bank of England base rate per annum for the full period that the payments are overdue.
32. Where full payment of the invoice is not made by the Applicant within 14 days from receipt of the invoice CoalsSearchPlus+ reserve the right to withdraw account facilities from the Applicant and cancel any individual agreements concerning fees or other Terms and Conditions that may have been made between the Applicant and CoalSearchPlus+.
33. Where possible the Applicant will receive Advance Notice of the cost of the Request, including all Fees, Taxes and Disbursements, prior to receipt of the invoice. This advance notice will take the form of the price for the service requested as published on the CoalSearchPlus+ website, or the price as individually agreed between CoalSearchPlus+ and the Applicant.
34. Additional Fees, Taxes and Disbursements may arise during the course of data and/or information retrieval, over and above Advance Notice costs as in clause 33. The Applicant is liable for any such additional costs. Where possible, the Applicant is notified of additional costs prior to fulfilment of the Request.
35. If the Applicant shall pay in advance of receipt of the invoice, then the Applicant remains liable for any underpayment.
36. Any overpayment on the part of the Applicant will be refunded. Arrangements for refunds are agreed on a case-by-case basis, through discussion between CoalSearchPlus+ and the Applicant.
37. The Applicant may cancel the Request in whole or in part at any time prior to Clause 27.
38. If the Applicant cancels the Request in whole or in part prior to Clause 27, the Applicant remains liable for all Fees, Taxes and Disbursements already accrued prior to the Cancellation.
39. CoalSearchPlus+ accept no liability for any loss incurred by the Applicant or the Applicants client where the Applicant is acting as an agent for a client, due to late fulfilment and delivery of the Request.
40. CoalSearchPlus+ accept no liability for any loss to the Applicant, or the Applicant’s client where the Applicant is acting as an agent for a client, due to any negative outcome of a report provided in the process of the correct and accurate fulfilment of the Request.
41. Any disputes relating to the provision of coal mining search reports should be addressed to the Practice Principal, CoalSearchPlus+ in the first instance. Disputes will be settled according to the CoalSearchPlus+ complaints procedure detailed in each report.(Complaints procedure)
42. Independent Dispute Resolution - If you make a complaint and we are unable to resolve it to your satisfaction you may refer the complaint to The Property Ombudsman scheme (website: www.tpos.co.uk email: admin@tpos.co.uk Tel: 01722 333306). We will cooperate fully with the Ombudsman during an investigation and comply with his final decision.
43. Third Party and subcontractor Terms and Conditions shall apply in addition to these clauses. Should any conflict arise between CoalSearchPlus+ Terms and Conditions and Third Party or Subcontractor Terms and Conditions, then CoalSearchPlus+ Terms and Conditions prevail unless and until CoalSearchPlus+ expressly states otherwise in writing and/or courts of England and Wales establish otherwise.
44. No variation to these Terms and Conditions is effective unless and until CoalSearchPlus+ expressly agrees in writing.
45. CoalsearchPlus+ reserves the right to alter these terms and conditions as appropriate, without notice, at any time. Such amended Terms and Conditions will become effective upon publication on the CoalSearchPlus+ website.
46. These Terms and conditions are subject to English Law and the exclusive jurisdiction of the courts of England and Wales.

Privacy Notice

GDPR DATA PRIVACY NOTICE

This is privacy notice of David Bellis Consulting Surveyors Limited and Coal Search Plus.

We respect your privacy and are determined to protect your personal data. The purpose of this privacy notice is to inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from). We’ll also tell you about your privacy rights and how the data protection law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below.

1. WHO WE ARE AND IMPORTANT INFORMATION

2. THE PERSONAL DATA WE COLLECT ABOUT YOU

3. HOW WE COLLECT YOUR PERSONAL DATA

4. HOW WE USE YOUR PERSONAL DATA

5. WHO WE SHARE YOUR PERSONAL DATA WITH

6. INTERNATIONAL TRANSFERS

7. DATA SECURITY

8. DATA RETENTION

9. YOUR LEGAL RIGHTS

10. CHANGES TO THIS NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

11. QUERIES, REQUESTS OR CONCERNS

1. WHO WE ARE AND IMPORTANT INFORMATION 

What is the purpose of this privacy notice?

This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you order or purchase a product or service.

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

You must read this privacy notice together with any other privacy notice 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 notice supplements the other notices and is not intended to override them.

Data controller(s)

David Bellis Consulting Surveyors Limited is the controller and responsible for your personal data (collectively referred to as David Bellis Consulting Surveyors Limited, "we", "us" or "our" in this privacy notice).
Our contact details are registered address:
Twelve Quays House, Egerton Wharf, Wirral, CH41 1LD
contact@coalsearchplus.com
correspondence address:
8 Mornington Terrace, Harrogate, HG1 5DH Tel. 01423529911.
For all data matters contact data representative Michael Peace.

Third-party links outside of our control

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 notice of every website you visit.

2. THE PERSONAL DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. You can find out more about personal data from the Information Commissioners Office.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Data includes first name, last name, user name, title.

Contact Data includes billing address, delivery address, email address, telephone numbers, instruction address.

Technical Data includes login data, browser type, operating system.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your 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 your 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 goods 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.

3. HOW WE COLLECT YOUR PERSONAL DATA

We collect data from and about you including through:

Directly. You may give us your identity and contact details by filling in 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;
• 
  Subscribe to our service or publications;
• 
  Request marketing to be sent to you.

4. HOW WE USE YOUR PERSONAL DATA

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

• 
  Performance of Contract this 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.
• Legitimate Interest this means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the 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 our data representative Michael Peace as detailed above.
• Comply with a legal or regulatory obligation this means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

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, with the legal bases we rely on to do so.

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 at contact@coalsearchplus.com or 8 Mornington Terrace, Harrogate, HG1 5DH Tel. 01423529911 asking for Michael Peace our data representative 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.

Marketing

We may use your Identity, Contact, Technical 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.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside David Bellis Consulting Surveyors Limited and Coal Search Plus.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by emailing contact@coalsearchplus.com 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 or service purchase or any other transaction.

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 at contact@coalsearchplus.com or 8 Mornington Terrace, Harrogate, HG1 5DH Tel. 01423529911 asking for Michael Peace our data representative

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.

5. WHO WE SHARE YOUR PERSONAL DATA WITH

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• 
  External Third Parties Service IT support, Suppliers, Web site hosts
• 
  Professional advisers acting as processors including lawyers, insurers, accountants, IT consultants who provide consultancy, legal, insurance and accounting services.
• 
  HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

• The Police
• 
  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 your personal data in the same way as set out in this privacy notice.

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.

6. INTERNATIONAL TRANSFERS

Some of our external third parties are based outside of the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside of the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by vetting service providers’ policies.

7. 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.

8. DATA RETENTION

We will only retain your 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.

By law we have to keep basic information about our customers including contact, identity product and services requested for a period of 12 years after they cease to be customers for insurance and tax purposes.

In some circumstances you can ask us to delete your data: see Your legal rights below 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.

9. YOUR LEGAL RIGHTS

Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data:

• 
  The right to request a copy of the personal data which we hold about you;
• 
  The right to request that we correct any personal data if it is found to be inaccurate or out of date;
• 
  The right to request your personal data is erased where it is no longer necessary to retain such data;
  The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data;
• 
  The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable 9i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means);
• 
  The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
• 
  The right to object to our processing of personal data, where applicable i.e. where processing is based on our legitimate interests (or in performance of a task in the public interest/exercise of official authority); direct marketing or processing for the purposes of scientific/historical research and statistics).

If you wish to exercise any of the rights set out above, please contact us at contact@coalsearchplus.com or 8 Mornington Terrace, Harrogate, HG1 5DH Tel. 01423529911 asking for Michael Peace our data representative.

No fee required – with some exceptions

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 admin 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.

10. Changes to this notice and your duty to inform us of changes

This version was last updated on 24/05/2018 and historic versions can be obtained by contacting us.

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

11. Queries, requests or concerns

To exercise all relevant rights, queries or complaints in relation to this policy or any other data protection matter between you and us, please in the first instance contact us at contact@coalsearchplus.com or 8 Mornington Terrace, Harrogate, HG1 5DH Tel. 01423529911 asking for Michael Peace our data representative.

If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England, UK.