WEBSITE PRIVACY

 

1. Introduction

HECF Marianella S.A.R.L (“the organisation”, “we”, “our” or “us”) respects the privacy of all users, and believe it is crucial that personal data which is disclosed to us be collected, processed, retained and secured in accordance with the applicable privacy laws. This Privacy Notice explains how we handle and use your personal information and your rights in relation to that information.

HECF Marianella S.A.R.L is the owner and landlord of this development and as such is the controller responsible for your personal data. If a letting or property manager has been appointed to manage the property on our behalf (our “Agents”), these Agents will also engage and interact with you in relation to your tenancy (or potential tenancy). Please see the section at the end of this policy for our contact and legal information.

This policy explains why and how we will use the personal information that we have obtained from you or others, with whom we share it and the rights you have in connection with the information we use. Please read the following carefully.

 

2. Personal Information We Collect About You

We receive personal information about you from your interactions with us, which helps us manage our relationships with you, but also to comply with our legal obligations or for the conduct of our business. We only collect personal information which we need and that is relevant for the purposes for which we intend to use it.

Information that we may collect about you:

• Contact details when you register your interest in the property: Home/work landline phone number, personal/work mobile, home/work postal address, personal/work email address;
• Any information you include in correspondence you send to us or in forms you submit to us;
• Information relating to your tenancy: occupier information, emergency details, key holder details, reasons for moving, incident reports, registration details, car ownership and car park details, household pet details, details related to maintenance or defects, any details required for registration with the Residential Tenancy Board (RTB);
• Identification information: such as national identification, passport or driver’s licence, nationality, immigration or visa status, social security number, PPS number, national insurance number;
• Background check information: character or employer reference, prior residential addresses, previous landlord reference, prior leasing/ financial history;
• Financial information: salary or income details, bank account details, rental amounts owing, paid or in arrears, tenancy deposits, services charges;
• Additional information you may provide us with: notification and package delivery preferences or instructions and survey responses, your marketing preferences etc.
• Footage of you on CCTV.

When you visit our website we automatically collect:

• Details of your use of our website namely traffic data, weblogs and statistical data, including where and when you clicked on certain parts of our website and details of the webpage from which you visited it;
• The date and time you used our website;
• The pages you visited on our website;
• The website address from which you accessed our website;
• If we have asked for it, details regarding when and how you consented to receive marketing communications from us (including the time and date you provided your consent).

 

3. Use of Your Personal Information

We use your personal information for a variety of reasons. We rely on different legal grounds to process your personal information, depending on the purposes of our use and the risks to your privacy. We use personal data to:

• Administer and manage our relationship with you, including the performance of a contract (such as a lease or tenancy agreement)
• If you are a prospective tenant, but at the time of your enquiry we do not have a property available that meets your needs, we may contact you if such a property becomes available within 12 months of your inquiry. You can opt out of these communications at any time.
• To communicate with utility companies, suppliers and other contractors to arrange access to the property for repairs and/or maintenance and in order to facilitate background checks or payments due, for example, with credit or reference providers and other charges and in the legitimate interest of third parties who supply services to you (e.g. utility companies).
• To fulfil our legal and regulatory obligations, including establishing, exercising or defending legal claims or providing information as required by a court order.
• To protect the safety and security of our staff, systems, property or any person, including to investigate, prevent and minimise the effects of fraud or otherwise to protect our the vital interests or the vital interests of the tenant or of others.
• For our legitimate business interests such as to provide you with Services as part of your tenancy such as ongoing works at the property, building access or window cleaning; provide you with access to resources which provide services such as deliveries, bookings, enquiries, social clubs or forums, events, announcements, concierge services and various amenities in relation to your tenancy; communicate with you about any changes to our properties or Services, or new Service offerings; to enhance and improve our overall Service offering.
• If you have consented to receiving marketing from us (you can opt-out of receiving them at any time). We do not share your personal information with companies that would send their marketing to you.

 

4. Lawful Basis For Processing Personal Data

In order to collect, process and share personal data for the purposes described in this Privacy Notice, we rely on a number of separate and overlapping legal bases, including where:

• necessary to perform a contract we have with you, for example under a lease or tenancy agreement;
• consistent with obtained consent, for example, where you have opted-in to receive our marketing information, we may use your information to send you news, newsletters, promotions or information we think may interest you;
• necessary for the legitimate interests of us or of a third party, subject to such interests not being overridden by your interests or rights
• necessary to comply with our legal obligations;
• necessary to protect the vital interests of tenants, prospective tenants or of others;

We may process personal data on more than one lawful ground depending on the specific purpose for which we are using that data. We only use personal data for the purposes for which we collected it, unless we believe that we need to use that personal data for another reason that is compatible with the original purpose or as applicable law permits.

 

5. How We Obtain Your Personal Data

We may receive your personal data from three sources:

• If you are a tenant: Submitting tenancy enquiry and application forms, signing up to one of our events, signing up to a lease, interacting with us in person, email or telephone or through applications relation to the property;
• If you are a website user: Data you give us voluntarily by visiting the site;
• Third parties: Data we receive when conducting background checks, reference checks or from our Agents and service providers.

 

6. Disclosure of Your Personal Information by us

We may  share your personal information with other related entities of  HECF Marianella S.A.R.L who provide company secretarial services as well as certain trusted third parties in accordance with contractual arrangements in place with them, including:

• Our Agents that you interact with regarding our Services;
• Our third-party service providers, suppliers and partners that assist in providing our Services;
• Credit or reference providers;
• Our professional advisors, including solicitors, auditors and insurers.

Where necessary, or for the reasons set out in this statement, personal information may also be shared with regulatory authorities, courts, tribunals, government agencies and law enforcement agencies. While it is unlikely, we may be required to disclose your information to comply with legal or regulatory requirements. We will use reasonable endeavours to notify you before we do this, unless we are legally restricted from doing so.

 

7. Transfers of Your Personal Information Outside of Europe

Your personal information may be transferred, stored and processed in one or more countries outside the European Economic Area (“EEA”), for example, when one of our service providers use employees or equipment based outside the EEA. For transfers of your personal data to third parties outside of the EEA, we take additional steps in line with data protection legislation. We have put in place adequate safeguards with respect to the protection of your privacy, fundamental rights and freedoms, and the exercise of your rights, e.g. we establish an adequate level of data protection through EU Standards Contractual Clauses based on the EU Commission’s model clauses.

 

8. How Your Personal Data Is Secured

We operate and use appropriate technical and physical security measures to protect your personal data.

We have taken appropriate security measures to protect your personal data from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access, in connection with the business relationship. Access is only granted on a need-to-know basis to those people whose roles require them to process your personal data. In addition, our service providers are also selected carefully and required to use appropriate protective measures.

 

9. The Periods For Which We Retain Your Personal Information

Your personal information will be retained in accordance with our data retention policy which categorises all of the information held by us and specifies the appropriate retention period for each category of data.  Those periods are based on the requirements of applicable data protection laws and the purpose for which the information is collected and used, taking into account legal and regulatory requirements to retain the information for a minimum period, limitation periods for taking legal action, good practice and our business purposes.

We will not hold your personal information in an identifiable format for any longer than is necessary for the purposes for which we collected it.

 

10. Your Rights in Relation to Your Personal Information

You have certain rights in respect of your personal data and we have processes to enable you to exercise these rights.

Right To Be Informed

You have the right to know what personal data we process about you and how we use this personal data.

Right of Access

This is known as a Data Subject Access Request or a DSAR in short. If you want to know if we are processing personal data relating to you and to have access to any such personal data you can contact us for this information. In order to furnish you with a copy of your personal data that we hold we will need to verify your identify.

You have the right to access any personal information that we process about you and to request information about:

• What personal data we hold about you
• The purposes of the processing
• The categories of personal data concerned
• The recipients to whom the personal data has/will be disclosed
• How long we intend to store your personal data for
• If we did not collect the data directly from you, information about the source

Right to Rectification

If you believe that we hold any incomplete or inaccurate data about you, you have the right to ask us to correct and/or complete the information and we will strive to do so as quickly as possible; unless there is a valid reason for not doing so, at which point you will be notified.

If you believe that we hold inaccurate personal data about you, then you can contact us to request rectification. Depending on the type of personal data you believe is inaccurate, we may ask you for further proof to ensure that the personal data is being corrected properly. If we are satisfied that the personal data is inaccurate, we will make the necessary changes.

Right to Erasure

You have a right to ask for your personal data to be erased in certain circumstances. However, this right does not apply where we must comply with a legal obligation or where we need personal data for the establishment, exercise or defence of legal claims. In addition, if you opt out of marketing communications or have previously opted out of marketing communications, we must keep a record, or such opt out to ensure that we don’t contact you in the future.

Right to Restriction

You have a right to request that processing of personal data is restricted in certain circumstances. However, we shall still continue to process the personal data for storage purposes, for the establishment, exercise or defence of legal claims or with your consent.

Right to Object

Where we are relying on legitimate interests as a legal basis to process your data, you have a right to object to such processing on grounds relating to your particular situation. In such a scenario, we will desist from processing your personal data unless we can demonstrate an overriding legitimate grounds for the continued processing of your personal data.

Right to Portability

In certain circumstances, you can request that we provide to you your personal data in a commonly used format.

Right to Complain to the Data Protection Commission (DPC)

If you do not believe that we have processed your personal data in accordance with this notice, you have the right to lodge a complaint with the Data Protection Commissioner. Further information on how to lodge a complaint or exercise your rights under data protection law can be found on the DPC website here.

For more information or to exercise your data protection rights, please reach out using the contact details below.

 

11. Contact Information

Please check this page regularly for changes to this policy.

You can contact us with your queries in relation to this policy, to exercise your rights under data protection legislation or for any other reason.

Please email us at complianceteam@savills.ie or write to us care of Savills, 33 Molesworth St, Dublin, D02 CP04.