Our website privacy policy

BALLYMORE DEVELOPMENT MANAGEMENT LTD ("BALLYMORE")

Welcome to the Ballymore privacy notice. At Ballymore we are committed to ensuring that your privacy is protected. This privacy notice explains how we will collect your personal data and how we use your personal data when you visit our websites.

1. WHO WE ARE
   • 1.1 Ballymore Development Management Ltd is the controller and responsible for your personal data (referred to as "Ballymore", "we", "us" or "our" in this privacy notice).
   • 1.2 Our full contact details are: Ballymore Development Management Ltd, 4th Floor 161 Marsh Wall, London, England And Wales, United Kingdom, E14 9SJ. Our registered company number is 08874050.
   • 1.3 We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO at datadepartment@ballymoregroup.com or by writing to the address at 1.2 above marked for the attention of the Data Protection Officer, Data Department.
2. IMPORTANT INFORMATION
   • 2.1 This privacy notice was last amended on 23 April 2018. It supersedes any earlier versions.
   • 2.2 It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
   • 2.3 It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. You can ask us to rectify or update your personal information at any time by contacting us.
   • 2.4 This website is not intended for children and we do not knowingly collect data relating to children.
   • 2.5 This website may include links to third party websites, plug-ins or applications which may allow third parties to collect or share your personal data. We are not responsible for their use of your personal data and cannot control it. When you leave our website, we encourage you to read the privacy notice of every website you visit.
3. THE DATA WE COLLECT ABOUT YOU
   • 3.1 Personal data, or personal information, means any information about an individual from which that person can be identified.
   • 3.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
     • 3.2.1 Identity Data including name, title, marital status, age/date of birth, gender, username or similar identifier.
     • 3.2.2 Contact Data including postal addresses, email addresses and telephone numbers.
     • 3.2.3 Financial Data including bank account, payment card details, information contained within bank statements and bills and other information provided for anti money laundering checks.
     • 3.2.4 Transaction Data including details about payments to and from you and other details of properties, goods or services you have purchased or rented from us or the Ballymore Group (defined at 6.1.1).
     • 3.2.5 Usage Data including information about how you use our websites, the full uniform resource locators, clickstream to, through and from our websites (including date and time), download errors, lengths of visit to certain pages, page interaction information and methods to browse away from our websites.
     • 3.2.6 Technical Data including internet protocol (IP) address, your login data, browser type and version, time zone setting, location data, device cookie and identification, browser plug-in types and versions, operating system and platform and other identifying information required for your device to communicate with our websites.
     • 3.2.7 Profile Data including your username and password, purchases, orders or requests made by you, your profession, age, gender, interests (e.g. in a particular development or area), preferences, feedback, and survey responses.
     • 3.2.8 Marketing and Communications Data including your preferences in receiving marketing from us and your communication preferences.
   • 3.3 We may also collect, use and share aggregated data such as statistical or demographic data for any purpose. This may be derived from your personal data but is not legally considered personal data as it does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing information about a specific Ballymore development. If we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this policy.
   • 3.4 We do not collect any special categories of personal data about you (i.e. details about your race, ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
   • 3.5 Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, if you send us money but do not provide the required proof of identification documentation for anti-money laundering purposes). In this case, we may not be able to provide you with what you have requested from us but we will notify you if this is the case at the time.
4. HOW IS YOUR PERSONAL DATA COLLECTED?
   • 4.1 We use different methods to collect data from and about you including:
   • 4.2 From you directly. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
     • 4.2.1 buy, sell, rent, let, lease, licence or reserve a property;
     • 4.2.2 arrange a viewing for a property or showroom;
     • 4.2.3 request information about our properties, or related goods and services we may offer;
     • 4.2.4 create an account on one of our websites where available;
     • 4.2.5 subscribe to our any services or publications that we offer;
     • 4.2.6 contact us through social media;
     • 4.2.7 attend one of our exhibitions, open-days or launches;
     • 4.2.8 telephone, email or visit us in person;
     • 4.2.9 request marketing to be sent to you;
     • 4.2.10 enter a competition, promotion or survey; or
     • 4.2.11 provide feedback.
   • 4.3 From third parties or publicly available sources. We may receive personal data about you from the following third parties and public sources:
     • 4.3.1 Technical Data from the following parties: analytics providers based outside the EU such as Google Tag Manager, Google Analytics, Google Adwords, Facebook Pixel, Twitter, DoubleClick, Addthis, BlueKai, Turn Inc., DataXu, AdGear, Weborara, Semasio, Yahoo Analytics, Visual Website Optimiser; and third party software providers which we use on our websites, based outside of the EU including Salesforce, Google Tag Manager, Lotame, Crimtan, DataXu and Response Tap; as well as third party websites such as Zoopla and Rightmove based within the EU.
     • 4.3.2 Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Barclays Bank PLC based inside the EU.
     • 4.3.3 Identity and Contact Data from publicly availably sources such as the Land Registry, Companies House, and the Electoral Register based inside the EU.
   • 4.4 Automatically collected from or about you or your device. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
5. HOW WE USE YOUR PERSONAL DATA
   • 5.1 In the table below we have summarised the ways that we plan to use your personal data and the purposes for which we will use it. If we need to process your personal data for a different purpose that is not compatible with the original purpose, then we will let you know.
   • 5.2 We may process your personal data for a different purpose than listed below and without your consent where it is necessary for us to comply with our legal obligations.
   • 5.3 Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than the ground has been set out in the table below.

   Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
   To contact you	Identity Contact Financial Transaction Marketing and Communications	Performance of a contract or potential contract with you Necessary for our legitimate interests (for running our business, to keep our records updated and to study how customers use our websites/services or search for or enter property transactions)
   To register you as a new customer	Identity Contact	Performance of a contract or potential contract with you Necessary for our legitimate interest (of being able to keep records of our registered customers)
   To facilitate the reservation, purchase, sale, renting, leasing, or licensing of a property.	Identity Contact Financial Transaction Marketing and Communications	Performance of a contract or potential contract with you Necessary for our legitimate interests
   To verify your identity, verify your eligibility for certain housing, conduct credit reference checks, prevent or detect fraud or money laundering.	Identity Contact Financial Transaction	Performance of a contract or potential contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (to prevent being defrauded)
   To manage our relationship with you, including: Asking you to leave a review or take a survey Notifying you about changes to our terms or privacy policy	Identity Contact Profile Marketing and Communications	Performance of a contract or potential contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated and to study how customers use our websites/services or search for or enter property transactions)
   To provide customer support	Identity Contact	Performance of a contract with you
   To enable you to partake in a viewing, open house, launch or event,  prize draw, competition or complete a survey	Identity Contact Profile Marketing and Communications	Performance of a contract or potential contract with you Necessary for our legitimate interests (to develop and grow our business)
   To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	Identity Contact Technical	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) Necessary to comply with a legal obligation
   To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	Identity Contact Profile Usage Marketing and Communications Technical	Necessary for our legitimate interests (to study how customers use our website/services, to develop them, to grow our business and to inform our marketing strategy)
   To use data analytics to improve our websites, products/services, marketing, customer relationships and experiences	Technical Usage	Necessary for our legitimate interests (to define types of customers based on their age, gender and interests for our products and services, to keep our websites updated and relevant, to develop our business and to inform our marketing strategy)
   To ensure that content from our websites is presented in the most effective manner for you and your computer	Identity Contact Financial Transaction	Necessary for our legitimate interests (to develop our products/services and grow our business and provision of administration and IT services)
   To make suggestions, recommendations and provide information to you about goods or services that may be of interest to you	Identity Contact Technical Usage Profile	Necessary for our legitimate interests (to develop and grow our business)
   To permit selected third parties: ·To provide you with information about properties or services which we feel may interest you ·To assist us in the improvement and optimisation of advertising, marketing material and content, our services and the website	Identity Contact Technical Usage	Consent (in relation to SMS and email marketing communications) Necessary for our legitimate interests (to develop our business)
   To comply with requirements imposed by law or any court order	Identity Contact Technical Usage	Necessary to comply with our legal obligations

   • • Marketing and promotional offers

     • 5.4 We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which properties, services and offers may be relevant for you (we call this marketing).
     • 5.5 You will receive marketing communications from us if you have requested information from us or purchased properties or services from us or if you provided us with your details when you registered for a promotion and, in each case, you have not opted out of receiving that marketing.
     • 5.6 You can ask us to stop sending you marketing messages at any time by:
       • 5.6.1 updating the “Your Preference” page which tracks which communications methods you would like to be contacted by;
       • 5.6.2 following the opt-out links on any marketing message sent to you; or
       • 5.6.3 contacting us.at any time using the details at 1.3.
     • 5.7 If you do withdraw your consent, this will result in us ceasing to directly market goods and services to you, but we will still process your personal data in order to fulfil our contract with you and in accordance with our legal, accountancy and regulatory obligations.
     • 5.8 We will get your express opt-in consent before we share your personal data with any company outside the Ballymore Group for their own marketing purposes. You have the right to withdraw consent for us to pass your information to third parties for marketing purposes. If you no longer wish to be contacted by third parties for marketing purposes, please follow the instructions in their marketing communications, or consult their privacy policies about how to unsubscribe.
     
     

     • Cookies and remarketing

     • 5.9 We automatically collect data about how you use our websites in order to help us improve future functionality. Additionally, we may pass your personal data to online advertising tools including Google Analytics, Google Adwords, Facebook Pixel, Lotame and Yahoo Analytics. We use tools such as these to carry out remarketing activities so that if you have already visited one of our websites, we can target advertisements at you by third party vendors. These third party vendors often use cookies to provide these advertisements based on your visits to our websites in the past.
     • 5.10 You can opt out of third party vendor’s use of cookies by visiting http://optout.networkadvertising.org/?c=1#!/. You can also set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.
6. DISCLOSURES OF YOUR PERSONAL DATA
   • 6.1 We may to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
     • 6.1.1 Ballymore Group companies. Whilst we are the data controller, the “Ballymore” brand is licensed to a range of companies who sell, market and manage “Ballymore” branded and co-branded property developments (which we refer to as “Ballymore Group” companies). We share your personal data with such companies which are based in the United Kingdom, Ireland and Jersey.
     • 6.1.2 External Third Parties. We may also share your personal data with external third parties, such as:
     • 6.1.3 Joint venture partners of Ballymore branded or co-branded property developments, who may be based outside the EU.
     • 6.1.4 Estate agents acting as processors, such as Savills, Johns & Co, Foxtons, CBRE, Knight Frank, JLL based both within and outside the EU who provide property marketing services.
     • 6.1.5 Managing agents acting as processors for us or the Ballymore Group company that you have a contract with, who provide management services to Ballymore branded or co-branded properties.
     • 6.1.6 Property related businesses acting as processors for us or the Ballymore Group company that you have a contract with, such as property managers and furniture providers based such as Johns & Co and David Phillips based in the United Kingdom where the purchaser has consented.
     • 6.1.7 Professional advisers acting as processors for us or the Ballymore Group company that you have a contract with including lawyers, bankers, auditors and insurers based in the United Kingdom and Ireland who provide consultancy, banking, legal, insurance and accounting services.
     • 6.1.8 Service providers acting as processors for us or the Ballymore Group company that you have a contract with who provide database, IT and system administration services, such as Salesforce which is based in the USA.
     • 6.1.9 Utility companies who provide services to a property that you have purchased.
     • 6.1.10 Marketing, communications and survey providers/advisers acting as processors for us or the Ballymore Group company that you have a contract with, such as In-Housebased in the United Kingdom.
     • 6.1.11 HM Revenue & Customs, National Crime Agency, the National House-Building Council, local authorities, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
     • 6.1.12 Other third parties such as anti-money laundering agencies, which may be based outside of the EU.
     • 6.1.13 Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
   • 6.2 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
7. INTERNATIONAL TRANSFERS
   • 7.1 Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
     • 7.1.1 We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
     • 7.1.2 Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
     • 7.1.3 Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
   • 7.2 Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
8. DATA SECURITY

   Once we have received your personal data we will use reasonable and necessary procedures and security features to try and prevent unauthorised access.  For example, we limit who can access your personal data to those individuals and third parties who need to know it and who are subject to a duty of confidentiality.  If we become aware of a data breach we will notify the Information Commissioner’s Office.  If we believe that the data breach is serious, we may notify you in accordance with our legal requirements.

9. DATA RETENTION
   • 9.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
   • 9.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
   • 9.3 Please contact us  if you would like a copy of our Data Retention Policy.
   • 9.4 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you. In some circumstances you can ask us to delete your data: see 10.1.3 below for further information.
10. YOUR LEGAL RIGHTS
    • 10.1 Under data protection laws you have the right to protect and look after your personal data. You have the right to:
      • 10.1.1 ask us for the personal data that we hold and process about you (this is often referred to as a data subject access request). You have rights to the following information:
        • • 10.1.1.1 the purpose(s) for which we are processing your information;
          • 10.1.1.2 the categories of personal information we hold about you;
          • 10.1.1.3 the recipients or categories of recipient to whom the personal data have been or will be disclosed;
          • 10.1.1.4 the period for which we will store your information, or the criteria used to determine that period;
          • 10.1.1.5 prevent the use of your personal data for marketing purposes by using any of the steps at 5.7;
      • 10.1.2 ask that any inaccurate information we hold about you is corrected;
      • 10.1.3 ask that we delete the personal data we hold about you in certain situations;
      • 10.1.4 ask that we stop using your personal data for certain purposes;
      • 10.1.5 ask that we do not make decisions about you using completely automated means; and/or
      • 10.1.6 ask that personal data we hold about you is given to you, or where technically feasible a third party chosen by you, in a commonly used, machine-readable format.
    • 10.2 If you wish to exercise any of the rights set out above, please contact us. The rights listed above may apply in certain circumstances, and so we may not always be able to comply with your request to exercise these rights.
    • 10.3 We will usually respond to a request from you to exercise your rights within 1 month of receipt, but it might take longer if your request is particularly complex or if you have made a number of requests. Please be aware that we may need to process your personal data and/or request specific information from you to help us comply with your request.  You will not usually have to pay a fee to exercise these rights, but we reserve the right to if your request is clearly unfounded, repetitive or excessive, alternatively we may refuse to comply with your request.
11. COMPLAINTS AND FEEDBACK

    If you would like to speak to us about how we handle your personal data, please contact our Data Protection Officer in the first instance. You can also complain to the Information Commissioner’s Office who is the UK supervisory authority for data protection issues.