Last updated: March 2020
Introduction
Kennedy Wilson Europe (“KW”, “Kennedy Wilson”, “we”, “us” or “our”) respects the privacy rights of individuals and is committed to handling personal information responsibly and in accordance with applicable law.
The owner of the property and other Kennedy Wilson group companies, including Kennedy Wilson Europe are data controllers in respect of your data.
A managing agent or property manager has been appointed to manage the property. As a prospective tenant or tenant (collectively referred to as “you”), you are likely to engage directly with the managing agent in relation to your tenancy or prospective tenancy, however, Kennedy Wilson group entities will also process your data.
This Privacy Notice sets out the personal information that we collect and process about you, the purposes of the processing and how you can exercise your privacy rights.
Contact details
If you have any specific issues relating to this privacy notice, would like a list of Kennedy Wilson group companies who may process your data, or any wider privacy issues relating to us, please get in touch via our Contact Us page at www.kennedywilson.com or by sending an email to privacy@kennedywilson.eu.
What personal information do we collect about you
We may collect personal information directly from you, when you enquire about a potential tenancy, make a tenancy application, enter into a lease with us, when you contact or request information from us, when you engage our services, participate in any tenant amenities offered to you at the property or as a result of your relationship with the property or one or more of KW properties (together, the “Services”).
There is no obligation on you to provide the information listed below; however, if you do not, we may be unable to assess your eligibility for tenancy or provide you with the Services.
The type of personal information that we may collect and process about you includes:
- Basic information: such as title, first name, middle name, last name, date of birth, postal address, email address and phone number(s);
- Tenancy information: such as tenant details, key holder names, reasons for moving, emergency details, pet details, car ownership, registration details, defects you notify to us regarding your property, incident reports or descriptions, requests for replacement keys, fobs or car park cards, enquires you make regarding your tenancy;
- National identifiers – such as national ID/passport, nationality, immigration / visa status, social security numbers / PPS number, national insurance number, driver’s licence;
- Financial information: salary/income details, bank account details, rental amounts owing, paid or in arrears, tenancy deposits, services charges;
- Employment information: country, employer, employment status, address, job title, employment duration, employer’s phone, previous employers;
- Background check information: employer or character reference, prior leasing history, prior residential addresses, financial history, pet ownership, dependents/children will be at the property; and
- Additional information you may choose to provide us: unique identifiers such as usernames and passwords in relation to your account, photos (such as your profile image or maintenance request attachments), lifestyle information, amenity reservation and building usage details, notification and package delivery preferences and instructions and survey responses.
How do we obtain your personal information
Information you give us or the managing agent voluntarily by filling in tenancy enquiry or application forms, entering into a lease, interacting with us or the managing agent in person, through websites or applications relating to the property, email, telephone or social media forums.
Information we collect automatically when you visit our websites or applications, including:
- Geolocation data provided by your smartphone or other mobile device to access our websites, provided that you have consented to the website collecting this data on your smartphone or other mobile device; and
- Device and website Use Information – when you use a computer, tablet, smart phone or other device to access our websites, information may be collected about the device and how you use it. This information may include the type of device, your operating system, your browser (for example, whether you used Internet Explorer, Firefox, Safari, Chrome or another browser), your internet service provider, your domain name, your internet protocol (IP) address, your device identifier (or UDID), the date and time that you accessed our service, the web pages you requested, the date and time of those requests.
In addition, in certain instances, images of you may be collected from CCTV cameras in operation at KW premises. Your car registration details may be captured automatically where we or a third party service provider provide on-site car parking.
Information we receive from other sources we cooperate with third parties (including payment and delivery services, identity verification providers and credit reference agencies) and may receive information about you from them.
How do we use your personal information
We use information we hold about you in the following ways:
- If you are a prospective tenant, but at the time of your enquiry we do not have a property available that meets your requirements, we will contact you if such a property becomes available within a year of your enquiry. We will make these communications to you on the basis of legitimate interest.
- To manage and administer our relationship with you, including the performance of a contract with you (such as your tenancy agreement or lease).
- To communicate with utility companies, suppliers and other contractors to arrange access to the property to estimate or for maintenance and/or repairs, credit or reference providers or debt collection companies.
- To provide information, that you request, or (with your consent, where appropriate) which we think may interest you to enhance and support your relationship with us. 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.
- For our legitimate business interests such as to communicate with you about any changes to our Services and properties, or new Service being provided; to provide you with certain other Services as part of your tenancy such as ongoing works at the property, window cleaning or building access; provide you with login access to applications which provide services such as bookings, enquiries, deliveries, social clubs, social forums, announcements, events, concierge services and various amenities in relation to your tenancy; for web analytics so we can improve and tailor services to you; to improve and enhance our overall service offering; to allow us to investigate and respond to any issues or correspondence received to provide appropriate support and security for our website; or for fraud prevention.
- Where images of you are collected from CCTVs and where we consider that, on balance, it is appropriate for us do so, we will process CCTV footage for the following legitimate interests:
- keeping our staff, visitors and property safe and secure;
- ensuring compliance with health and safety procedures;
- detecting and preventing crime; and
- assisting law enforcement agencies in the apprehension, investigation and prosecution of offenders.
This may include sharing footage with the police or other law enforcement agencies, or our insurers where necessary in relation to a claim, as well as any other third parties in connection with legal proceedings or emergency situations.
Legal basis for processing personal information
Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
We will normally collect personal information from you only (i) where we need the personal information to perform a contract with you, (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.
If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our platform and communicating with you as necessary to provide our services to you and for our legitimate commercial interest, for instance, providing property management services, responding to your queries, improving our platform or undertaking marketing.
How long we keep your information for
We will keep your personal information 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 information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Who do we share your information with
We may disclose your personal information to:
- to our group companies, our owners and affiliates;
- to 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;
- to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person. This includes exchanging information with other companies and organisations for the purposes of fraud protection;
- to potential buyers or financiers or replacement owners or operators of all or part of our business or the property on the basis of our legitimate interests and the interests of such person, so that they can appropriately value the business or the property and assess any risks relating thereto;
- to any other person with your consent.
Where we store or process your information
The information we collect from you may be transferred to, processed and stored at, a destination outside the European Economic Area (“EEA”) or UK. Specifically, KW’s servers are located in the UK and Ireland, and our group companies and third-party service providers and partners operate around the world, including the US. This means that when we collect your personal information we may process it in any of these countries.
Such destinations or countries may not have laws which protect your information to the same extent as in the EEA or UK. It may be processed by us or by our service providers operating outside the EEA or UK, but we will take appropriate steps to ensure that your information is treated securely and in accordance with this Privacy Notice.
Cookies and similar tracking technology
We use cookies and similar tracking technology (collectively, “Cookies”) to collect and use personal information about you. For further information about the types of Cookies we use, why, and how you can control Cookies, please see the Kennedy Wilson Cookie Notice in relation to the Kennedy Wilson websites. If you are a Tenant and use the residential portal website, please see the Kennedy Wilson Cookie Notice available within that portal.
How do we keep your personal information secure?
We have implemented security policies, appropriate organisational and technical measures to protect the information that we have under our control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.
In relation to the KW website, where you have chosen a password that enables you to access certain parts of the KW website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of your information transmitted to the KW website and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Your rights
You have the right to opt-out from marketing communications we send you at any time.
If you wish to withdraw your consent to receive marketing materials, this can be done by:
- updating your preferences on your online account, if you have one; or
- by clicking on the unsubscribe link on any emails we send you; or
- emailing us at privacy@kennedywilson.eu
If you withdraw your consent, this will not affect our rights to have sent you marketing material prior to your withdrawal, but we will not send any further marketing. Whilst we will endeavour to ensure that you do not receive any further marketing material immediately, there may be a slight delay for any changes to take effect.
You are also entitled to request that we:
- provide you with a copy of any personal information we hold about you;
- have any incorrect personal information corrected or completed (you can also update your records using your profile on your online account, if you have one);
- delete any personal information that we no longer need for the above purposes, where you have withdrawn your consent and there are no other grounds to process that information, where the personal information has been unlawfully processed or where we are required by law to delete it;
- restrict the processing of your personal information whilst we confirm whether any information needs correcting following your request, the processing is unlawful and you do not want us to delete this personal information; where we no longer need to process the personal information, but you require the information to establish, exercise or defend legal claims. In these circumstances we will only process your personal information for purposes for which you have consented, or for the establishment, exercise or defence of legal claims or the protection of the rights of another person; and/or
- object to our processing of your personal information, where we process it under the legitimate interests grounds and we are unable to show a compelling legitimate interest that overrides your interests, rights and freedoms, or for the purposes of defending, exercising or defending legal claims.
If you wish to make such a request, please contact us at privacy@kennedywilson.eu.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
You are also entitled to lodge a complaint with your local data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Economic Area countries are available here.
Changes to our Privacy Notice
Any changes that we make to our Privacy Notice will be detailed on this website or otherwise notified to you, in accordance with applicable data protection laws.