Privacy Policy

INTRODUCTION  

 

Welcome to the Berrymoon Ltd’s privacy policy.

 

Berrymoon Ltd respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

 

This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

 

1. IMPORTANT INFORMATION AND WHO WE ARE

 

2. THE DATA WE COLLECT ABOUT YOU

 

3. HOW IS YOUR PERSONAL DATA COLLECTED?

 

4. HOW WE USE YOUR PERSONAL DATA

 

5. DISCLOSURES OF YOUR PERSONAL DATA

 

6. INTERNATIONAL TRANSFERS

 

7. DATA SECURITY

 

8. DATA RETENTION

 

9. YOUR LEGAL RIGHTS

 

10. GLOSSARY

 

1.  IMPORTANT INFORMATION AND WHO WE ARE  

 

PURPOSE OF THIS PRIVACY POLICY  

 

This privacy policy aims to give you, as a tenant using our services, information on how Berrymoon Ltd collects and processes your personal data through your use of this website, including any landlord personal data or any other data you may provide through this website when you use our service.

 

This website is not intended for children and we do not knowingly collect data relating to children.

 

It is important that you read this privacy policy together with any other privacy policy or fair processing policy 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 policy supplements other notices and privacy policies and is not intended to override them.

 

CONTROLLER  

 

Berrymoon Ltd is the controller and responsible for your personal data (collectively referred to as ”Berrymoon”, “we”, “us” or “our” in this privacy policy).

 

Berrymoon is the controller and responsible for this website.

 

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

 

CONTACT DETAILS  

 

If you have any questions about this privacy policy or our privacy practices, please contact our DPO, Mr Richard Francis in the following ways:

 

Full name of legal entity: Berrymoon Ltd

 

Email address: support@endyourtenancy.com

 

Postal address: Londesborough House, 34-35 High St, Lymington SO41 9AF

 

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

 

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES  

 

We keep our privacy policy under regular review. This version was last updated on 21.11.2018.

 

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.

 

THIRD-PARTY LINKS  

 

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

 

2.  THE DATA WE COLLECT ABOUT YOU AND YOUR LANDLORD  

 

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

 

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

 

•         Identity Data includes first name (yours and your landlord’s), last name (yours and your landlord’s), username or similar identifier and title.

•         Contact Data includes billing address, tenancy address, email address (yours and your landlord’s) and telephone numbers.

•         Transaction Data includes details of services you have ordered from us.

•         Technical Data includes internet protocol (IP) address, your login data, browser type and version, source, keyword, device, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

•         Profile Data includes your username and password, orders made by you, preferences, feedback and survey responses.

•         Usage Data includes information about how you use our website and services.

•         Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, 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 privacy policy.

 

IF YOU FAIL TO PROVIDE PERSONAL DATA  

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, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3.  HOW IS PERSONAL DATA COLLECTED?  

 

We use different methods to collect data from and about you including through:

 

•         Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

•         apply for our products or services;

•         create an account on our website;

•         subscribe to our service or publications;

•         request marketing to be sent to you;

•         give us feedback or contact us;

•         give us your landlords first name, last name, correspondence address and email address in order for us to provide you with our services; or

•         give us the correspondence address and/or email address of the estate agents that manage your property in order for us to provide you with our services

•         Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies 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 https://www.endyourtenancy.com/cookie-policy for further details.

•         Third parties or publicly available sources. We will receive personal data about you from various third parties  as set out below:

•         Technical Data from analytics providers such as Google based outside the EU; and

•         Transaction Data from providers of technical, payment and delivery services such as Paypal based outside the EU.

4.  HOW WE USE YOUR PERSONAL DATA  

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

 

•         Where we need to perform the contract we are about to enter into or have entered into with you.

•         Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

•         Where we need to Comply with a Legal Obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

 

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA  

 

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

 

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 one ground has been set out in the table below.

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MARKETING  

 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You can make certain decisions about your marketing preferences by logging into your user account.

 

PROMOTIONAL OFFERS FROM US  

 

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 products, services and offers may be relevant for you (we call this marketing).

 

You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

 

THIRD-PARTY MARKETING  

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

OPTING OUT  

 

You can ask us to stop sending you marketing messages at any time as stated in paragraph 8 to this policy.

 

 

COOKIES  

 

You can 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 https://www.endyourtenancy.com/cookie-policy .

 

CHANGE OF PURPOSE  

 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

 

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

 

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

5.  DISCLOSURES OF YOUR PERSONAL DATA  

 

We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.

 

•         External Third Parties such as your landlord.

•         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 policy.

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.

 

6.  INTERNATIONAL TRANSFERS  

 

We do not transfer your personal data outside the European Economic Area (EEA).

 

7.  DATA SECURITY  

 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

8.  DATA RETENTION  

 

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?  

 

We will retain your personal data for 5 years to fulfil the purposes we collected it for, including to build up a record of your rental history and an independent audit trail of your interactions with your landlord so that the record can be retained by you. The rental history will be accessible by logging into your account and will enable you to review your tenancies, current and past tenancy related documents, notices and maintenance requests. Additionally, your personal data will be retained in order to satisfy any legal, regulatory, tax, accounting or reporting requirements.

 

We may also retain your personal data for a longer period if you opt-in to receive our marketing materials so that we can keep you informed of services that are of interest to you, in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

 

Where you opt-in to receive our marketing materials, we will store your personal data until you notify us by opting-out. You can opt-out from receiving our marketing materials at any time by unsubscribing from our e-marketing materials, by logging into your user account and amending your preferences, or sending the DPO an email. Any request to opt-out of receiving our marketing materials will be processed immediately.

 

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, regulatory, tax, accounting or other requirements.

 

9.  YOUR LEGAL RIGHTS  

 

Under certain circumstances, you have rights under data protection laws in relation to your personal data which give you the right to:

 

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

 

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

 

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

 

Object to processing of your personal data where we are relying on a Legitimate Interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

 

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

 

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

 

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact the DPO at the contact details stated in this policy.

 

NO FEE USUALLY REQUIRED  

 

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

 

WHAT WE MAY NEED FROM YOU  

 

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

 

TIME LIMIT TO RESPOND  

 

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

10.  GLOSSARY  

 

LAWFUL BASIS  

 

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

 

Performance of a Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

 

Comply with a Legal Obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

 

THIRD PARTIES  

 

EXTERNAL THIRD PARTIES  

 

•         Service providers acting as processors based the UK who provide web development services.

 

11.  CHANGES TO THIS POLICY

We may update this policy from time to time. We will notify you of any changes by posting the new policy on this page and will let you know via email and/or a prominent notice on our website, prior to the change becoming effective and update the “effective date” at the top of this policy.

 

You are advised to review this policy periodically for any changes.

 

12. CONTACT US

 

If you have any questions about this policy, please contact the DPO at the contact details stated in this policy.