Updated June 2018
This is your guide as to how your personal data is managed by Michael H. Daniels & Co. This document outlines our approach under the General Data Protection Regulation 2018 (GDPR).
1. About us
Michael H. Daniels & Co has its registered office at East Grange, Fermoy, Co Cork. Company number 147043. PSRA licence number 001156.
2. Why do you collect information about me? What informationwill you collect?
There are a number of reasons why Michael H. Daniels & Co collect information. We need to know how to contact you, we need to be certain of your identity and we need to understand your circumstances so that we can offer you the most the appropriate services and best possible customer experience.
The type of information that Michael H. Daniels & Co may collect or request from you includes:
- Your name, contact phone numbers, email addresses, IP addresses, cookie identifiers, copies of ID (which may include your date of birth) and PPS number (or foreign equivalent).
- Bank account details, credit/debit card details, authorised signatory details, information relating to power of attorney arrangements.
- Information you provide to us about others or others provide to us about you. By way of example, information concerning a bidder/purchaser when a person or entity is bidding/ purchasing 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.
- Information about you which may include sensitive personal data. We will only hold this data when and for as long as we need to for the purposes of the service we provide to you, or where we have a legal obligation to do so. We are required to treat and process the data as ‘sensitive personal data’ when we seek prof of address, your passport ID or driving licence ID in the context of compliance with our anti-money laundering obligations.
- Information which you have consented to us using such as allowing us to contact and send you property related communications on a periodic basis. Our IT system also collects information about your online interaction with us using technology known as cookies which can often be controlled through internet browsers. A cookie is a piece of text that our server places on your device when you visit any of our websites or apps. A cookie helps us make our website work better for you.
3. How do you collect information about me? And when do youdo so?
We collect information about you in a number of different ways. For example:
- When you register with us to receive property related updates.
- When you make a request to be added to our marketing database.
- When you use our 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.
4. How do you use my information?
We may use your data to contact you by phone, text message, email or social media, post, through our website or other means but not in a way that is contrary to your instructions to us, your legitimate interest or contrary to law. We may monitor and record our conversations when we speak on the telephone (for training and quality purposes) but we will always advise you if we are doing so.
We may use your personal data for matters such as confirming your identity, to help us in the processing of an application for one of our services or to improve your customer experience with us.
Your data is used to manage and administer your file. Your data may also be used to process payments, e.g., if you have provided us with your credit or debit card information or if you have provided us with your bank account details.
Your data may also be used to respond to a complaint or appeal that you have.
We may also use your data to manage our business for our legitimate interests, such as direct marketing (provided that you have not objected to us using your details in this way) and research, including customer surveys, analytics and related activities.
Your data may be used to carry out strategic planning and business portfolio management. This may include compiling and processing your information for audit, statistical or research purposes (including, in some instances, making your data anonymous) in order to help us understand trends in our customer behaviour and to understand our risks better, including providing management information, operational and data risk management.
We may use your data to protect our business, reputation, resources and equipment, to manage network and information security (developing, testing and auditing our websites and other systems, dealing with accidental events or unlawful or malicious actions that compromise the availability, authenticity, integrity and confidentiality of stored or transmitted personal data, and the security of the related services).
We protect your information with security measures under the laws that apply and we meet international standards in doing so. We keep our equipment, files and buildings secure. Personal data could be used to prevent and detect fraud, dishonesty and other crimes (such as preventing someone trying to steal your identity).
We need to use your information to manage and administer legal and compliance matters within Michael H. Daniels & Co, 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.
5. Do you share my information with anyone else?
We only share your information with a certain number of other parties and only as necessary. Examples of information sharing here include:
- Authorised representatives – this would include your Attorney (under a Power of Attorney) or any other party authorised by you to receive your personal data.
- Third parties we may need to share your information with in order to facilitate payments (e.g.
banks credit and card issuers etc.) as well as those you ask us to share your information with.
In the event that you are proposing to purchase a property from us we may disclose your data to the vendor of that property in order for your offer to be considered.
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 and they will have appropriate measures in place to protect your information. Our service providers include; marketing companies, IT and telecommunication service providers, software development contractors, data processors, debit/credit card companies, computer maintenance contractors, printing companies, property contractors, document storage and destruction companies, business advisers, debt collection agencies, auditors and other consultants, including legal advisers.
Statutory and regulatory bodies (including central and local government) and law enforcement authorities. These bodies include bodies such as: 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.
6. What about links on your website to other sites and socialmedia?
7. How long do Michael H. Daniels & Co hold onto myinformation?
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 7 years. However, if you request that Michael H. Daniels & Co delete your data (prior to this 7 year period elapsing) we will process your request to the extent that we do not have a legal reason / obligation to retain the information.
8. What happens if I do not provide requested information toMichael H. Daniels & Co?
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 an auction we may not be able to approve you to bid on a property.
9. What is the legal basis for Michael H. Daniels & Co using myinformation?
We will use your data and may share that data where:
- Its 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 that you can enter into a contract with us or 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 use of your data (including special categories of 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.
10. Does Michael H. Daniels & Co process my informationoutside the European Economic Area (EEA)?
Your information is stored on secure systems within the premises of Michael H. Daniels & Co and with providers of secure information storage. Michael H. Daniels & Co do not transfer information about you outside the EEA.
11. 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 calendar month. If we are unable to deal with your request fully within a calendar month (due to the complexity or number of requests), we may extend this period by a further two calendar month period. Should this be necessary, we will explain the reasons why.
- You have the right to complain to Michael H. Daniels & Co or the Data Protection Commission or another supervisory authority. If you have a complaint about the use of your personal information, please let Michael H. Daniels & Co know and we shall seek to resolve your issue as soon as possible. If you wish to make a complaint to Michael H. Daniels & Co 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.
Your Personal Data is held on secure servers hosted by our Internet Service Provider. The nature of the Internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be 100% secure. However, we will take all reasonable steps (including appropriate technical and organisational measures) to protect your Personal Data.