Kelly Walsh Property Advisors Privacy Statement

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This Data Protection Privacy Policy shall be effective as and from the 25th May 2018.

This is your guide as to how your personal data is managed by Kelly Walsh Property Advisors. This document outlines our approach under the General Data Protection Regulation 2018 (GDPR). In this notice we explain:

  • how we collect personal information about you
  • how we use it
  • how you can interact with us about it

  1. Who are Kelly Walsh Property Advisors?

“Kelly Walsh Property Advisors” means Kelly Walsh Limited, with a registered address of Suite 7, The Courtyard, Carmanhall Rd, Sandyford, Dublin 18, company number 389825 and PSRA number 002885.

  1. Why do you collect information about me?

There are a number of reasons why Kelly Walsh Property Advisors collects information:

  • to know how to contact you
  • to be certain of your identity
  • to keep you updated on progress with the property you have enquired about

  1. What information will you collect?

The type of information that Kelly Walsh Property Advisors may collect from you includes:

  • your name
  • email addresses
  • postal addresses
  • contact phone numbers
  • bank account details
  • information you provide to us about others or others provide to us about you. An example relates to information concerning bidder and purchaser details for a property when somebody is bidding on behalf of a third party. Before you disclose information to us about another person, you need to be sure that you have their agreement to do so

  1. How do you collect information about me?

We collect information about you in a number of different ways. Some examples include

  • When you register interest in one of our properties online through Daft.ie or Myhome.ie
  • When you register interest in one of our properties through an external website
  • When you or others give us information verbally or in writing. This information may be by way of registration forms, viewing attendee sheets, through correspondence with us or if you make a complaint.

  1. How do you use my information?

We may use your personal data for matters such as:

  • confirming your identity
  • to help us in the processing of a property purchase or registration of interest
  • to process transactions, e.g., if you have provided us with your bank account details
  • to improve your customer experience with us

We may use your data to contact you by post, phone, text message, email or social media using our website or other means but not in a way that is contrary to your instructions to us, legitimate interest or contrary to law.

We protect your information with security measures under laws that apply and we meet international standards in doing so. We keep our equipment, files and buildings secure.

Kelly Walsh Property Advisors may in the future wish to sell, transfer or merge part or all of its business or assets or to buy a new business or the assets of another business or enter into a merger with another business. If so, we may disclose your personal information under strict duties of confidentiality to a potential buyer, transferee, merger partner or seller and their advisers, so long as they agree to keep it confidential and to use it only to consider the possible transaction.

We need to use your information to manage and administer legal and compliance matters within Kelly Walsh Property Advisors, including compliance with regulatory, legislative and voluntary codes of practice to which we have committed. We use your data to comply with your information rights, to establish your identity and to comply with laws and regulations concerning the prevention of money laundering, fraud and terrorist financing. As a result, we may need to disclose information to government and other statutory bodies. Your data may be used to comply with binding court orders, search warrants, requests to assist the Gardaí with the investigation or prevention of an offence and orders relating to requests for mutual legal assistance in criminal matters received from foreign law enforcement agencies.

  1. Does Kelly Walsh Property Advisors use automated processing or analytics? What is the legal basis?

We do not use automated processing in relation to the information we collect from you as part of our business.

Kelly Walsh Property Advisors uses Google Analytics for statistical purposes. This enables us to make more informed business decisions, including improving the quality of services we can offer.

  1. Do you share my information with anyone else?

We only share your information with a certain number of other parties and only as necessary and authorised by you to receive your personal data, e.g. Developer’s Solicitors and joint selling agents.

In the event that you are proposing to purchase a property from us which we are offering for sale we may disclose your data to the vendor of that property in order for your offer to be assessed.

Companies that provide support services for the purposes of protecting our legitimate interests. Your personal information remains protected when our service providers use it. We only permit service providers to use your information in accordance with our instructions, they have appropriate measures in place to protect your information. Our service providers include IT and telecommunication service providers, computer maintenance contractors, printing companies, property contractors, business advisers, auditors and other consultants, including legal advisers.

Statutory and regulatory bodies (including central and local government) and law enforcement authorities. These bodies include the likes of: the Data Protection Commissioner, the PSRA, An Garda Síochána/police authorities/enforcement agencies, the Revenue Commissioners, the Criminal Assets Bureau and US, EU and other designated authorities in connection with combating financial and other serious crime.

  1. What about links on your website to other sites and social media?

Our website may, from time to time, contain links to and from other websites and web platforms. In addition, third parties websites may also provide links to our Site. If you follow a link to any of those websites or web platforms, please note that those websites and web platforms have their own privacy policies and that we do not accept any responsibility or liability for those policies. Please check those policies before you submit any personal data to those websites. We do not accept, and we disclaim, any responsibility for the privacy statements and information protection practices of any third party website (whether or not such website is linked on or to the Site). These links are provided to you for convenience purposes only, and you access them at your own risk. It is your responsibility to check the third party website’s privacy statements before you submit any personal data to their websites.
Our Site may also have “plugins” (such as the Facebook “share” or “like” button) to third-party sites or offer login (such as log in with Facebook) through a third-party account. Third-party plugins and login features, including their loading, operation and use, are governed by the privacy policy and terms of the third party providing them.

  1. How long do Kelly Walsh Property Advisors hold onto my information?

The length of time we hold your data depends on a number of factors, such as regulatory and statutory requirements. Other considerations are the type of data we hold about you, whether the data is required for a legal dispute and whether you or a regulatory authority asks us to keep it for a valid reason.

As a general rule, we keep your information for a period of 8 years. However, if you request that Kelly Walsh Property Advisors delete your data (prior to this 8 year period elapsing) we shall process your request unless there is a valid reason not to delete the data (such as a requirement to hold onto your data as we have a legal obligation to do so).

  1. What happens if I do not provide requested information to Kelly Walsh Property Advisors?

Sharing information with us is in both your interest and ours. We need your information in order to provide our services to you, fulfil any contracts we have with you, to manage our business for our legitimate interests and to comply with our legal obligations.

You can choose not to share information with us but must understand that this may limit the services we are able to provide to you. We may not be able to provide you with certain services that you request. For example, if you do not provide us with all requested information when registering for a launch we may not be able to notify you.

  1. What is the legal basis for Kelly Walsh Property Advisors using my information?

We will use your data and may share that data where:

  • Its use is necessary in relation to a service that you have entered into or because you have asked for something to be done so that we can provide a service to you.
  • Its use is in accordance with our legitimate interests. Where we process your information for our legitimate interests, we ensure that there is a fair balance between our legitimate interest and your fundamental rights and freedoms. We may use your personal information to manage our everyday business needs including internal reporting, market research, to progress and respond to legal claims, to ensure appropriate IT security and to prevent fraud. Our legitimate interest here is the effective management of our business. We may use your personal information for marketing reasons, i.e. to update you in regarding to property related matters. Our legitimate interest here is to connect with you and to update you on properties and services we provide which may be of interest to you.
  • Its use is necessary because of a legal obligation that applies to us.
  • You have consented to the using of your data in a specific way.
  • Where you have made clearly sensitive categories of data about yourself public.
  • Where the processing of special categories of data is necessary for the establishment, exercise or defence of legal claims.

  1. Does Kelly Walsh Property Advisors process my information outside the European Economic Area (EEA)?

Your information is stored on secure systems within the premises of Kelly Walsh Property Advisors and with providers of secure information storage. Kelly Walsh Property Advisors do not transfer information about you outside the EEA.
We may allow the transfer of information about you outside the EEA by our service providers, but only if they agree to act solely on our instructions and to protect your information to the same standard that applies in the EEA. Where we authorise the processing/transfer of your personal information outside of the EEA, we require your personal information to be protected to at least Irish standards.

  1. What rights do I have under GDPR?

You have several rights in relation to how we use your information and we have significant obligations in this regard.

You have the right to:

  • Find out if we use your information, to access your information and to receive copies of the information we have about you. When you contact us to ask about your information, we may ask you to identify yourself. This is to help protect your data. If you make your request electronically, we will, where possible, provide the relevant information electronically unless you ask us otherwise.
  • Request that inaccurate information is corrected and incomplete information updated.
  • Object to particular uses of your personal data where the legal basis for our use of your data is our legitimate business interests. However, doing so may have an impact on the services we can / are willing to provide.
  • Object to use of your personal data for direct marketing purposes.
  • Have your data deleted or its use restricted – you have a right to this under certain circumstances.
  • Obtain a transferable copy of certain data which can be transferred to another provider, known as “the right to data portability”. This right applies where personal information is being processed based on consent or for performance of a contract and the processing is carried out by automated means. The right also permits the transfer of data directly to another provider where technically feasible.
  • Withdraw consent at any time, where any processing is based on consent. If you withdraw your consent, it will not affect the lawfulness of processing based on your consent before its withdrawal.
  • We shall process your request without undue delay. In most instances, we will respond within one working week. If we are unable to deal with your request fully within one working week (due to the complexity or number of requests), we may extend this period by a further two weeks. Should this be necessary, we will explain the reasons why.
  • You have the right to complain to Kelly Walsh Property Advisors or the Data Protection Commission or another supervisory authority. If you have a complaint about the use of your personal information, please let Kelly Walsh Property Advisors know and we shall seek to resolve your issue as soon as possible. If you wish to make a complaint to Kelly Walsh Property Advisors you may do so in person, by telephone, in writing or by email. Please be assured that all complaints received by us will be fully investigated. We ask that you supply as much information as possible to help us to resolve your complaint quickly.

  1. How do I contact Kelly Walsh Property Advisors?

If you have any questions about how your personal data is gathered, stored, shared or used, or if you wish to exercise any of your data rights, you can check this Privacy Statement or contact us at:

E-mail:           info@kellywalsh.ie
Telephone:        01 6645500
Address:          Kelly Walsh Property Advisors, 15 Herbert Street, Dublin 2

  1. Can I contact anyone else?

If you are not satisfied with how Kelly Walsh Property Advisors are dealing with your complaint you can contact the Office of the Data Protection Commissioner at https://www.dataprotection.ie/docs/EN/Contact-us/m/11.htm.

Telephone:        0761 104 800 or Lo Call Number 1890 252 231
Fax:              057 868 4757
E-mail:           info@dataprotection.ie
Address:          Data Protection Commission, Canal House, Station Road,  Portarlington, R32 AP23, Co. Laois.

  1. Will there be any changes to your Privacy Policy?

We will update this Data Protection Privacy Policy from time to time. Any changes will be made available on this page.