Updated & effective as of 24 May 2018
Summary of notable changes to this statement: 1.) Update of statement format for greater clarity and GDPR compliance.
By submitting information or documents to us during our transactions together, you acknowledge that your personal data will be processed in the manner described below.
This statement relates to the privacy practices of IRES Fund Management Limited (Company Registration #: 539306) of Unit 4B Lazer Lane, Grand Canal Square, Dublin 2, Ireland (“IRES Fund”, “we” “our” or “us”).
We are the investment and property manager of Irish Residential Properties REIT plc (“IRES REIT”) (Company Registration #: 529737) and also provide services to their subsidiary, IRES Residential Properties Limited (“IRES Residential Properties”) (Company Registration #: 552768).
This means that if you are a customer (i.e. a tenant or a prospective tenant) of IRES REIT or IRES Residential Properties, (the “Landlord(s)”), your day to day dealings with these parties, as applicable, take place through IRES Fund.
IRES Fund is the ‘Controller’ of the personal data of data subjects related to our own operations, being:
1.1 Past, present and prospective employees, officers
1.2 Visitors and users of our website(s) (or similar)
e.g. www.iresfund.ie. See Cookie Statement.
1.3 Past, present and prospective vendors/suppliers, consultants,
contractors or advisers (and their authorised contacts) engaged by us
1.4 Any other living individual in respect of whose personal data we are
the independent or joint controller.
IRES Fund is the ‘Processor’ of the personal data of data subjects related to the Landlord(s)’ operations, namely:
1.1 Past, present and prospective employees, officers, directors and members/shareholders
1.2 Past, present and prospective customers of the Landlord(s) concerned
(including residential and commercial tenants, and as required, their
respective spouses/occupants, guarantors/indemnifiers, guardians,
property visitors or other authorised contact persons);
1.3 Visitors and users of their website(s) (or similar) e.g. www.iresreit.ie.
See Cookie Statement.
1.4 Past, present and prospective vendors/suppliers, consultants, contractors
or advisers (and their authorised contacts) engaged by the data controller(s) concerned.
1.5 Any other living individual in respect of whose personal data the data controller(s) concerned is the independent or joint data controller.
The Landlord is a ‘Controller’ of the personal data related to its own company and operations, as per its Privacy Statement which is posted here: https://www.iresreit.ie/IRES-REIT-Privacy/.
Any personal data collected by IRES FUND in the context of a business relationship between another person and the Landlord(s) will be processed by IRES Fund, in its capacity as processor. Any personal data collected by IRES Fund in the context of a business relationship between another person and IRES Fund, will be processed by us as controller.
The purpose of this Privacy Statement is to inform you of the data relating to you that we may collect and use and the uses (including disclosures to third parties) we may make of such data.
We value your right to privacy and strive to protect your personal data in accordance with applicable legislation, including Regulation (EU) 2016/679 of the European Parliament and of Council of 27 April 2016 (the General Data Protection Regulation).
From time to time, we may need to update or change this Privacy Statement and the most recent version is available on our website www.iresfund.ie. We encourage you to periodically review this Privacy Statement.
We, and third party service providers acting on our behalf, may collect information about you in the following ways:
a. directly from you, for example when you submit information to us during an application for tenancy or contact us to inquire about a leased property. Such information relating to (prospective) tenants, spouses, other occupants, guarantors and guardians may include: name and contact details, gender, age or date of birth, marital status, profession, employment status, personal public service number (PPSN) and financial and income information (such as bank account details), ownership of pets, proof of insurance, vehicle related information.
b. directly from you, for example when you apply for a job or enter into an employment agreement or directorship. Such information relating to applicants may include: name and contact details, curriculum vitae, prior employment references, interview notes and eligibility to work in Ireland. Information relating to employees and directors may include: name and contact details, PPSN, compensation and allowances, pension or other employee benefits, government photo ID, education and certificates, marital or family status, emergency contact(s), bank account information, and medical leave and related information. Information relating to directors may include: name and contact details, director due diligence details, relatives’ personal data (including those under age 18), disclosures regarding shareholdings, conflicts of interest, criminal/civil issues, etc. Certain employee’s or director’s name and contact details or other relevant data may be maintained on an ‘Insider’s List’.
c. directly from you, for example when you visit our website www.iresfund.ie and submit contact forms on that website.
d. from third parties, such as our related companies (including our parent company CAPREIT Limited Partnership (‘CAPREIT’)), service providers, brokers, lawyers, co-tenants, entities from which we may acquire property, guarantors, business partners, your nominated representatives, your current and/or previous landlords. Such information relating to (prospective) tenants (and as required, their spouses, guarantors or guardians) may include: payment history details and information on behavioural history during previous leases. Such information relating to vendors and contact persons of vendors may include: name and contact details.
e. from third parties, such as your previous employer and/or recruiters or HR consultants that you provided your personal data to for application and hiring purposes. Such information relating to job applicants may include: full name, address, contact details, curriculum vitae and information regarding previous employment.
f. otherwise, for example from our records regarding the properties you may lease from the Landlord, or how you use the Landlord’s properties and or services, from CCTV that we may use around or in (common areas of) leased property.
g. otherwise, in case of employment by means of the closed circuit television (CCTV) we use in and around our premises or other (monitoring) technologies.
i. from publicly available sources of information.
j. from authorities or public bodies, when legally authorised to do so.
In most circumstances you are not under a statutory or contractual obligation to provide us with any personal data unless we enter into an agreement together e.g. your PPSN is an example of a piece of personal data required for payroll processing or registering your tenancy with the Residential Tenancies Board (RTB), and your tax information and bank account details are personal data required for tax purposes and issuing payments. When you make inquiries or submit applications, we will do our best to use the information you provide, however, in cases where we do not receive suitable relevant information for decision-making or investigating, the application may be rejected or the inquiry unfulfilled.
You are in control of your personal data and are responsible for deciding which method you are comfortable using to provide it to us (in-person, electronic by email or web form, phone, fax etc.) and to not provide us with additional personal data not required for the transaction.
If you do not wish to transmit your personal data electronically to us, you may visit our offices in person and submit the required personal data and documents in a sealed envelope addressed to your assigned Letting, HR or Administrative representative, marked “Confidential”, with the current date, and subject referenced on the envelope.
When the use of personal data is deemed necessary for the purposes of our legitimate interests or those of a third party to whom we provide your personal data, we, and/or the third party will only process your personal data for this purpose where we are of the view that to do so would not constitute an unwarranted interference with your own interests or fundamental rights and freedoms.
a.) We, and third party service providers acting on our behalf, may collect and use personal data relating to past, present and prospective customers (including residential and commercial tenants, and as required, their respective spouses/occupants, guarantors/indemnifiers, guardians, property visitors or other authorised contact persons) for the following purposes:
Please see section 6 of the Controller/Landlord’s Privacy Statement which is posted here: https://www.iresreit.ie/IRES-REIT-Privacy/.
b.) We, and third party service providers acting on our behalf, may collect and use personal data relating to past, present and prospective employees, officers and directors for the following purposes:
During employment, we may use (or may instruct a third party to use) your personal data to create demographics about employed personnel for making company decisions regarding (among others) benefits plans and analysing HR metrics.
The legal grounds used for these processing activities are: a) in order to take steps at your request prior to entering into an agreement and/or the execution of the agreement that is entered into with you; b) compliance with a legal obligation; c) consent (in limited circumstances, where applicable); and d) that this is necessary for the purposes of our legitimate interests or the legitimate interests of a third party to whom we provide your personal data. For example, conducting our business in a responsible and commercially prudent manner and to fulfill obligations under our agreements (such as assessing the suitability of job candidates or ensuring security of personal data and business confidential or proprietary information).
c.) We, and third party service providers acting on our behalf, may collect and use personal data relating to past, present and prospective vendors/suppliers, consultants, contractors or advisers (and their authorised contacts) engaged by us for the following purposes:
The legal grounds used for these processing activities are: a) in order to take steps at your request prior to entering into an agreement and/or the execution of the agreement that is entered into with you; b) compliance with a legal obligation; c) consent (in limited circumstances, where applicable); and d) that this is necessary for the purposes of our legitimate interests or the legitimate interests of a third party to whom we provide your personal data. For example, conducting our business in a responsible and commercially prudent manner (such as assessing the suitability of vendors), preventing, investigating or detecting theft, fraud or other criminal activity, and pursuing our corporate and social responsibility objectives.
d.) Profiling and automated decision-making
Data subject profiles, such as (prospective) tenant or employee records held are compiled from data collected as per section 4 (above) or manually by our staff. Profiling and business decisions are made using human intervention. We do not currently conduct any solely automated decision-making.
We may disclose your personal data to third party recipients in connection with the above purposes, including:
Upon tenancy, when necessary, we may be required to help facilitate or confirm the set-up, switch-over or closing of utility accounts like gas, heat, electricity, water and providers thereof. This may involve disclosing your personal data and other details and submitting relevant forms to those providers.
In relation to marketing, tenant contact information may be disclosed to third party partners if the tenant has consented to the Landlord (or IRES Fund on the Landlord’s behalf), doing so. See Appendix A: Third Party Disclosure List (below).
For job application and employment purposes, we may share required personal data with contracted HR consultants, trustees, recruiters, payroll providers, pension and benefit providers, medical assessors and insurance providers, and competent authorities.
The parties with whom we may share and process your personal data may be located in countries outside the European Economic Area (EEA) and may offer lower levels of data protection than in Ireland. For example, your personal data may be stored in applications hosted in the United States of America. In such cases, contractual and other measures are considered and taken to ensure adequate, lawful protection of your personal data in accordance with applicable privacy legislation such as the GDPR. These may include entering into a contract governing the transfer that contains the ‘standard contractual clauses’ approved for this purpose by the European Commission or, in respect of transfers to the United States of America or Canada, ensuring that the transfer is covered by the EU-US Privacy Shield Framework or the Personal Information Protection and Electronic Documents Act (PIPEDA) respectively. For more information in this respect, please contact our Privacy Officer (contact details below).
Your personal data is stored for the time necessary in relation to the purposes for which the personal data were collected and processed (as described in section 6 above) and in accordance with our data retention policy and corresponding schedule.
For example, an application for tenancy by a prospective tenant will be securely destroyed if the application is rejected, unless we have reasonable ground to retain that information longer, for example in the event that a dispute arises on the rejection of your application. Personal data of a job applicant that is not employed by us will typically be destroyed shortly after the end of the application procedure, unless we have reasonable ground to retain that information longer, for example if you request us to contact you in the event of another vacancy in the future.
We will retain your personal data for the duration of any contract you may have with us and for such a period of time after termination of your contract, as is necessary to comply with our obligations under applicable laws, and if relevant, to deal with any claim or dispute that might arise in connection with your contract. For more information in this respect, please contact our Privacy Officer (contact details below).
We implement physical, technical and organisational measures to ensure a level of security appropriate to the specific risks that we have identified. We protect your personal data against destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed.
We seek to ensure that we keep your personal data accurate and up to date. However, you are responsible for assisting in this regard and we kindly request that you inform us of any changes to your personal data (such as a change in your contact details).
You have the following rights, in certain circumstances and subject to certain restrictions, in relation to your personal data: a) the right to access your personal data; b) the right to request the rectification and/or erasure of your personal data; c) the right to restrict the use of your personal data; d) the right to object to the processing of your personal data; e) where we are processing personal data based on this being necessary for the performance of a contract with you, the right to receive your personal data, which you provided to us, in a structured, commonly used and machine-readable format or to require us to transmit that data to another controller; f) If unsatisfied with a response from us, you have the right to lodge a complaint to the Irish Data Protection Commission relating to the processing of your personal data by or on behalf of the Landlord by emailing firstname.lastname@example.org.
If you have any further questions with respect to this Privacy Statement or the processing of your personal data by us, wish to exercise you rights, or unsubscribe from marketing communications, please contact our Privacy Officer Unit 4B Lazer Lane, Grand Canal Square, Dublin 2, Ireland or email@example.com.
Please continue to place emergency calls, work orders and requests through your normal channels such as the site management office. But, should you feel a need to escalate your concerns, please contact IRES Fund Management Limited at firstname.lastname@example.org
(Updated Periodically, current as at 24-May-2018)
Below is the list of Third Party Partners that we and/or the Landlord(s) have agreements with for offering tenants relevant products, services and discounts (e.g. utilities, TV, internet, phone, security, insurance, rent payment services, concierge or discount program access, etc.). Tenants may contact these parties directly if they are interested in their products and services.
Tenants may update their preferences or unsubscribe at any time from applicable marketing or commercial related communications sent to them by us or the Landlord, or authorized third parties. Tenants will be provided with the ability to do so via mechanisms in the electronic communications, or they may contact the Privacy Officer – email@example.com.