IRPF Fernbank Limited Partnership (“we”, “us” or “our”) respects the privacy rights of prospective tenants and tenants (“you”) and is committed to handling personal data responsibly and in accordance with applicable law.
IRPF Fernbank Limited Partnership is the owner and landlord of the property and 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).
THE DATA WE COLLECT ABOUT YOU
We may collect personal data about you when you: enquire about a potential tenancy; submit a tenancy application; sign up to a lease with us; participate in any tenant amenities offered at the property; contact or request information from us; engage our services; or as a result of your relationship with the property or one or more of our properties (together, the “Services”).
You have the option of not providing us with certain data, although this may affect our ability to provide you with the Services or assess your tenancy eligibility.
We may collect and process certain personal data from you, including the following
Contact information: such as title, first name, middle name, last name, date of birth, postal address, email address and phone or mobile number(s);
Tenancy information: such as tenant information, key holder details, reasons for moving, emergency details, household pet details, car ownership, registration details, enquires you make regarding your tenancy, defects you notify to us regarding your property, incident reports or descriptions, requests for replacement keys, fobs or car park cards;
Identification information: such as national identification, passport or driver’s licence, nationality, immigration or visa status, social security number, PPS number, national insurance number;
Financial information: salary or income details, bank account details, rental amounts owing, paid or in arrears, tenancy deposits, services charges;
Employment information: employment status, employer, work address, job title, employment duration, employer’s email address or phone number, previous employers;
Background check information: character or employer reference, prior residential addresses, prior leasing history, financial history, household pet ownership, dependents/children staying at the property; and
Additional information you may provide us with: notification and package delivery preferences or instructions and survey responses.
HOW WE OBTAIN YOUR PERSONAL DATA
Data you give us or our Agents voluntarily by submitting tenancy enquiry or application forms, signing up to a lease, interacting with us or the Managing Agent in person, email or telephone or through applications relating to the property.
Data we receive from third parties. We engage with third parties (including identity verification providers) in relation to the Services and may receive data about you from them.
WHY WE USE YOUR PERSONAL DATA
We use personal data we hold about you in different ways, as described below:
- 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 enquiry. These communications to you are on the basis of our legitimate interest to market potentially suitable properties to you. You can opt out of receiving such communications from us at any time.
- To administer and manage our relationship with you, including the performance of a contract with you (such as your lease or tenancy agreement).
- 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 or debt collection companies. We do this on our legitimate interest to maintain the property and seek outstanding rental payments and other charges and in the legitimate interest of third parties who supply services to you (e.g. utility companies).
- To provide information, that you request, or which we think may be of interest to you in order to support and enhance our relationship. We will use this data in accordance with any preferences you have selected, either on the basis of consent (where appropriate) or of legitimate interests where you have not objected to receiving such information.
• 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 Services, staff, systems, property or any person, including to investigate, prevent and minimise the effects of fraud and otherwise to protect our 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.
LEGAL 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 your tenancy agreement or lease;
- 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 and newsletters, special offers, and promotions, or information we think may interest you;
- necessary for the legitimate interests of us or of a third party, provided those interests are not overridden by your interests or rights;
- necessary to comply with our legal obligations;
- necessary to protect the vital interests of 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.
HOW WE SHARE YOUR PERSONAL DATA
We may disclose your personal data to:
- our Agents that you interact with regarding our Services;
- our subsidiaries, related companies and affiliates;
- our third party services providers, suppliers and partners that assist in providing our Services, and other services to you;
- credit or reference providers or debt collection companies;
- our professional advisors, including lawyers, auditors and insurers;
- possible acquirers or investors (and our and their advisors) in the context of facilitating or implementing a business reconfiguration or reorganisation or a transfer or sale of all or part of our assets or business, including, but not limited to a divestiture, acquisition or business reconfiguration. Alternatively, we may seek to acquire other businesses or merge with them;
- any other person or entity with your consent.
We will only provide these third parties with the personal data that is necessary. Where these third parties are processors, they are contractually required to only use the personal data in accordance with our instructions to provide their service to us.
TRANSFER OF YOUR INFORMATION
As we operate internationally, your personal data may also be disclosed and transferred to a person or company that is part of or outside of the IRPF Fernbank Limited Partnership group and located in a country outside the European Economic Area (“EEA”) for any of the purposes set out in this notice. Some of these countries may not have the same levels of data protection or similar rules in relation to processing your personal data as are present. We will typically transfer and disclose your data in compliance with the Standard Contractual Clauses approved by the European Commission. If you would like to get more information about the measures we put in place to protect your information when it is transferred outside of the EEA (including a copy of the Standard Contractual Clauses), please contact us using the details in section 0 below.
PROTECTING YOUR PERSONAL DATA
We maintain appropriate technical and organisational measures to protect a tenant’s personal data, such as up-to-date antivirus protection, internal IT security measures, and disclosing personal data both internally and to our trusted third party service providers only on a ‘need-to-know’ basis.
HOW LONG WE RETAIN YOUR PERSONAL DATA
We will keep your personal data for as long we have an ongoing legitimate business need to do so (for example, to provide you with your tenancy or a service you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your personal data, we will either delete or anonymise it or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible.
YOUR LEGAL RIGHTS
The list below sets out the rights which you have to address any concerns or queries with us about our processing of your personal data. Please note that these rights are not absolute and are subject to certain exemptions under applicable data protection law.
As a data subject, you have the following rights under data protection law:
- the right to know what personal data we process about you and how we use this personal data;
- the right to obtain a copy of the personal data we hold about you;
- the right to have any inaccurate personal data which we hold about you updated or corrected;
- where we rely on our legitimate interest to use your personal data, you have a right to object to this use. We will desist from processing your personal data unless we can demonstrate an overriding legitimate grounds for the continued processing of your personal data;
- where we rely on consent, the right to withdraw your consent at any time (though this does not impact on the lawfulness of what we did up based upon your consent until that point);
- the right to port your personal information in certain cases;
- the right to stop us from using your personal data in certain cases, including if you believe that the personal data we hold about you is inaccurate or our use of your information is unlawful; and
- in certain circumstances you may request that we delete the personal data which we hold about you.
RIGHT TO COMPLAIN TO THE DATA PROTECTION COMMISSION
If you do not think that we have processed your personal data in accordance with this Notice, please contact us in the first instance. If you are not satisfied, you can complain to the Data Protection Commission (“DPC”) or exercise any of your other rights pursuant to data protection law. Information about how to do this is available on the DPC website at www.dataprotection.ie.
HOW TO CONTACT US
If we are the controller of your personal data, and you have any questions about this privacy notice or our data protection practices please contact us. You can send an email to Privacy@fernbank.ie or write to us care of Savills, 33 Molesworth St, Dublin, D02 CP04.