Privacy Statement

At Powell Property Ltd, we take your right to privacy seriously. It is important that you know exactly what we do with personal information that you and others provide to us, why we gather it and what it means to you.

This document is provided to you in line with our obligations under the General Data Protection Regulation (GDPR), which takes effect from 25 May 2018. The GDPR together with applicable Irish requirements places enhanced accountability and transparency obligations on organisations when using your information. The GDPR gives you greater control over your personal information, including a right to object to the processing of your personal information where that processing is carried out for our business purposes.

This document explains the most important aspects of how we use your information and what rights you have in relation to your personal information. Please take time to read this document carefully and if you have any questions about how we use your information, please contact a member our Data Protection Compliance Team at the details below.

Our privacy policy applies to all personal data we process regardless of the media on which that data is stored or whether it relates to past or present employees, workers, customers, clients or supplier contacts, shareholders, website users or any other data subject. You can get more detailed information by viewing our full Data Privacy Policy which is available for inspection at our offices or a copy can be requested by email to info@powellproperty.ie, mail to Powell Property, 48 Grand Parade, Cork or by contacting a member of our Data Protection Compliance Team listed towards the end of this document.

1. Who we are

Throughout this document, ‘we’, ‘us’ and ‘our’ refer to Powell Property Ltd. Your information is held by Powell Property Ltd, and the employees of Powell Property Ltd will have access to your information where deemed necessary to complete our contractual services. For more information about us and the services we provide, please visit our website on www.powellproperty.ie.

2. The information we collect about you

We will hold:

data to identify you, including your contact information;
your sole trade, partnership, company or personal financial information;
your financial associations; and
information which you have consented to us using.

3. How we collect your information

We collect information: (i) you give us; (ii) information provided to us by third parties on your behalf when requested.

4. How we use your information and the legal basis

We use, and share, your data where:

you have agreed or explicitly consented to the using of your data in a specific way (you may withdraw your consent at any time);
use is necessary in relation to a service or a contract that you have entered into or because you have asked for something to be done so you can enter into a contract with us;
use is necessary to protect your ‘vital interests’ in exceptional circumstances; and
use for our legitimate interests.

5. Who we share your information with

When providing our services to you, we may share your information with:

your authorised representatives;
third parties with whom: (i) we need to share your information to facilitate transactions you have requested, and (ii) you ask us to share your information; and
service providers who provide us with support services with your prior consent.

6. How long we hold your data

How long we hold your data for is subject to legislation and regulatory rules we must follow, set by legislation and the type of services provided to you.

7. Implications of not providing your data

If you do not provide information we may not be able to:

provide requested services to you.

We will tell you when we ask for information which is not a contractual requirement or is not needed to comply with our legal obligations and the purpose for the information request.

8. Using companies to process your information outside the European Economic Area (EEA)

In some cases, we may transfer information about you and your services to our service providers and other organisations outside the EEA (with your prior consent) if necessary to fulfil our contractual duties. We will always take steps to ensure that any transfer of information outside of the EEA is carefully managed to protect your privacy rights.

9. Landlords

We have been appointed by you to let/manage the property subject to the Tenancy Agreement.
We consider ourselves to be the Data Processor and Data Controller acting on behalf of you, the Landlord, who is also the Data Processor and a Data Subject. Both the Data Controller and Data Processor are subject to the office of the Data Protection Commissioner, the Supervisory Authority.
As we have received your data from you, you are party to a Tenancy to which you the Data Controller and Data Processor are bound. We have been appointed by you to arrange a Tenancy and/or the covenants of a Tenancy.

The information we keep on file is: -

Name, Address, Phone, Email, Bank Details, PPS Numbers, References, ID and employment informing

This data is stored in a database called Letman which is operated on Amazon Web Services located in Ireland. Data stored and transferred is encrypted. Access is only granted to administrators associated with our office. We also store your application as a hard copy in our office. This data is shared only with similar Data Processors for the purpose described above.

The categories of Data Process are: -

Database Management System
Auditors
Emergency Service Providers
RTB – Residential Tenancies Board
Utility Providers

Your data will be maintained by us for as long as the contract between the Data Controller and us (the Data Processor) exists or for as long as required by legislation or 7 years after the last transaction.

Your rights:

You have the right to be informed
You may request a copy of your data stored
You may request correction to any erroneous data
You may request deletion of data, if not in violation of statutory or contractual requirements
You may lodge a complaint to the controller or object to processing
You may lodge a complaint to the Supervisory Authority
You may withdraw consent if processing originally required consent

In the case of a data breach, the Data Controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the Supervisory Authority and Data Subject, if the personal data breach is likely to result in a risk to the rights and freedoms of natural persons.

10. Tenants

We have been appointed by the Landlord to let/manage the property subject to the Tenancy Agreement.
You, the Data Subject, have now been awarded the property and therefore, must consent to allow us, the Data Processor and Data Controller, acting on behalf of the Landlord, to store or use your information on file.
As we have received your data from you, you are party to a Tenancy to which you, the Data Subject and Powell Property, the Data Controller and Data Processor, are bound. We have been appointed by the Landlord to arrange a Tenancy and/or administer the covenants of a Tenancy.

Processing is necessary for the performance of a contract to which the Data Subject is party.

Process is necessary for compliance with a legal obligation to which the Data Controller is subject, namely:

The Residential Tenancies Acts 2004 to 2016
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
Property Services (Regulation) Act 2011 (Client Moneys) Regulations 2012
Property Services (Regulation) Act 2011

The information we keep on file is:

Name, Address, Phone, Email, Bank Details, PPS Numbers, References, ID and employment informing

The categories of Data Process are:

Database Management System
Maintenance Contractors
Auditors
Emergency Service Providers
RTB – Residential Tenancies Board
Utility Providers

Your rights:

You have the right to be informed
You may request a copy of your data stored
You may request correction to any erroneous data
You may request deletion of data, if not in violation of statutory or contractual requirements
You may lodge a complaint to the controller or object to processing
You may lodge a complaint to the Supervisory Authority
You may withdraw consent if processing originally required consent

11. How to exercise your information rights including the right to object

From 25 May 2018, you will have several enhanced rights in relation to how we use your information, including the right, without undue delay, to:

find out if we use your information, access your information and receive copies of your information;
have inaccurate/incomplete information corrected and updated;
object to use of your personal data for our legitimate business interests or direct marketing purposes*;
in certain circumstances, to have your information deleted or our use of your data restricted*;
in certain circumstances, a right not to be subject to solely automated decisions and where we make such automated decisions, a right to have a person review the decision*;
exercise the right to data portability (i.e. obtain a transferable copy of your information we hold to transfer to another provider) *; and
to withdraw consent at any time where processing is based on consent.

*These rights will be available from 25 May 2018.

If you wish to exercise any of your data rights, you can contact us by email to info@powellproperty.ie, by mail to Powell Property, 48 Grand Parade, Cork or by telephoning +353 21 4279729.

If we are unable to deal with your request fully within a calendar month (due to complexity or number of requests) we may extend this period by a further two calendar months and shall explain the reason why. If you make your request electronically, we will try to provide you with the relevant information electronically.

You also have the right to complain to the Data Protection Commission or another supervisory authority. You can contact the Office of the Data Protection Commissioner at:

Telephone: +353 761 104 800 or Lo Call Number 1890 252 231
Fax: +353 57 868 4757
E-mail: info@dataprotection.ie
Postal Address: Data Protection Commission, Canal House, Station Road, Portarlington, R32 AP23, Co. Laois

10. How to contact us and/or our Data Protection Compliance Team

If you have questions about how we use your information, you can reach our Data Protection Compliance Team at www.powellproperty.ie, by mail to Powell Property, 48 Grand Parade, Cork or by contacting +353 21 4279729.

11. Updates

We will update our Data Privacy Notice from time to time. Any updates will be made available and, where appropriate, notified to you by post or e-mail.

GDPR COMPLIANCE TEAM CONTACT

Michael Powell
Managing Director
021 427 9729
michael@powellproperty.ie