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Privacy


MONKEY VS OWL LIMITED


PRIVACY NOTICE


Introduction


Welcome to Monkey vs Owl Limited’s (“we”, “us” and “our”) privacy notice.

This privacy notice applies to http://www.monkeyvsowl.com/ and any other websites that link to or post this privacy notice (including mobile versions) (“Website”). 

This privacy notice is aimed at users of our Website, including landlords who subscribe to our listing and advertising service (“Landlords”) and prospective tenants who wish to view properties on our Website (“Tenants”). Our Website is not intended for children and we do not knowingly collect data relating to children.

We ask that you read this privacy notice carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. This privacy notice also covers your rights in relation to your personal data and how to contact us and the UK supervisory authority for data protection (the “Information Commissioner’s Office” or “ICO”) in the event you have a complaint. You should 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.

If you are accessing this privacy notice electronically, you will be able to click through to the specific areas set out below.

Please use the Glossary to understand the meaning of some of the terms used in this privacy notice.


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.         SHARING 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 notice

This privacy notice provides information on how we collect and process your personal data through your use of our Website, including when you create an account with us, purchase products or services from us (if you are a Landlord), submit enquiries to us, or give us feedback. 

Controller

Monkey vs Owl Limited is the controller and is responsible for your personal data.

We have appointed a Data Protection Co-ordinator (“DPC”) 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 our DPC using the details set out below.

Contact details

Full name of legal entity: Monkey vs Owl Limited, a private limited company with registered number 10533789

Name of DPC: Rebecca Law

Email address: rebecca@monkeyvsowl.com

Postal address: 99a Ashbourne Road, Derby DE22 3FW

You can also contact us by visiting the “contact us” section of our Website which can be accessed here.

We hope that we can resolve any query or concern you raise about our use of your personal data and would appreciate the chance to deal with your concerns in the first instance. However, you also have the right to make a complaint at any time to the ICO (www.ico.org.uk).  

Changes to this privacy notice 

This version was last updated in August 2020 and historic versions can be obtained by contacting us.

Your duty to inform us of changes to your personal data

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.


2.              THE DATA WE COLLECT ABOUT YOU


Personal data, or personal information, means any information which identifies or which can be used to identify a living individual. 

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

·                “Identity Data”: first name, maiden name, last name, gender and date of birth.

·                “Contact Data”: address, email address and telephone numbers.

·                “Financial Data”: if you are a Landlord, bank details and credit/debit card details that you submit through our payment gateway, STRIPE. 

·                “Transaction Data”: if you are a Landlord, details about payments to and from you and other information about products and services you have purchased from us including but not limited to online property listings. 

·                “Technical Data”: internet protocol (“IP”) address, your login data, browser type and version, 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 our Website.

·                “Profile Data”: properties listed by you on our Website, viewings arranged by you via our Website, your selected locations, your favourited properties, purchases made by you, your preferences, feedback and survey responses. Profile Data also includes the personal data that you provide when you leave comments on our blogs, participate in community discussions or otherwise communicate with us.

·                “Usage Data”: information about how you use our Website and/or the products and services we supply through our Website.

·                “Marketing and Communications Data”: your preferences in receiving marketing from us and our third parties and your communication preferences.

·                “Referencing Data”: if you are a Landlord who subscribes to our Landlord Verification Service, property data including details about properties you own and financial  data such as your credit score and repayment performance and any adverse credit history such as County Court Judgements, IVAs, bankruptcy details and/or debt relief orders. 

We also use and share “Aggregated Data” such as statistical or demographic data. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does 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 notice.

We do not knowingly collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). We do not collect any information about any criminal convictions that you may have.

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 relevant contract or be able to continue to deal with you. 


3.              HOW IS YOUR PERSONAL DATA COLLECTED?


We use different methods to collect personal data from and about you as set out below:

·                Direct Interactions. You may give us your Identity, Contact, Profile and Financial Data when you:

·                register as a user;

·                fill out forms on our Website;

·                correspond with us by email, post, or phone; 

·                if you are a Landlord, purchase services (or products) from us; 

·                subscribe to our newsletters;

·                request marketing to be sent to you; and/or

·                give us feedback.

·                Automated technologies or interactions. As you interact with our Website, we may automatically collect Technical Data and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookies Policy for further information. 

·                Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

·                Contact, Financial and Transaction Data from providers of payment services such as Stripe Payments Europe Limited based inside the EEA; 

·                Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the UK and/or the EEA; and/or

·                Identity and Referencing Data, if you are a Landlord, and you purchase our Landlord Verification Service.  

We may also receive certain personal data about you from social media organisations if you use the Single Sign-On feature to create an account with us, as set out in greater detail below.


4.              HOW WE USE YOUR PERSONAL DATA


We are only permitted to use your personal data where there is a legal ground for doing so. Most commonly, we will rely upon the following legal grounds to use your personal data:

·                Performance of a contract: where we need to use your personal data to be able to perform a contract we are about to enter into or have entered into with you;

·                Legitimate interests: where it is necessary for us to use your personal data to for the purposes of our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; or

·                Statutory obligation: where we need to process your personal data to enable us to comply with a statutory, regulatory or other legal obligation we are subject to.

See our Glossary to find out more about the types of lawful basis that we will rely on to process your personal data.

We will obtain your consent before we use your personal data for direct marketing purposes (e.g. 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.

We have set out below, in 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.



Purpose

Type of data

Lawful basis for processing including basis of legitimate interest

User / Data Subject 

To register you as a new user

(a)   Identity

(b)   Contact

(a) Performance of a contract with you if you are a Landlord 

(b) Necessary for our legitimate interests (to obtain and use your registration details to provide the property listing service if you are a Tenant)

Landlords and Tenants 

To deliver our products/services to you including listing your properties on our Website, managing payments, fees and charges

(a)   Identity

(b)   Contact

(c)   Financial

(d)   Transaction

(a)   Performance of a contract with you

Landlords 

To manage our relationship with you including:

(a)   Notifying you about changes to our terms or privacy policy

(b)   Asking you to leave a review or take a survey

(c)    Keeping our  records updated

(a)   Identity

(b)   Contact

(c)   Profile

(d)   Marketing and Communications

(a)   Performance of a contract with you

(b)   Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to understand how Landlords and Tenants use our products/services)

Landlords and Tenants 

To enable Tenants to view properties and arrange property viewings

(a)   Identity

(b)   Contact

(a) Necessary for our legitimate interests (to advertise properties and to provide the property listing service to the Tenants)

Tenants

To verify your identity as part of our Landlord Verification Services

(a)   Identity

(b)   Contact

(c)    Referencing 

(a)   Performance of a contract with you

(b) Necessary for our legitimate interests and the legitimate interests of Tenants (to verify Landlords’ identities)

Landlords

To administer and protect our Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a)   Identity

(b)   Contact

(c)   Technical

(a) Necessary for our legitimate interests (to protect our Website, to ensure network security, and to prevent fraud)

(b)   Necessary to comply with a legal obligation

Landlords and Tenants 

To deliver advertisements directly to you

(a)   Identity

(b)   Contact

(c)   Profile

(d)   Usage

(e)   Marketing and Communications

We will obtain your consent before we use your personal data for direct marketing purposes

You have the right to withdraw your consent at any time by contacting us

Landlords and Tenants 

To measure or understand the effectiveness of the advertising we send to you

(a)   Identity

(b)   Contact

(c)   Profile

(d)   Usage

(e)   Marketing and Communications

(f)    Technical

Necessary for our legitimate interests (to study how users use our products/services, to develop our products/services, to grow our business and to inform our marketing strategy)

Landlords and Tenants 

To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences

(a)   Technical

(b)   Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)

Please see our Cookies Policy for details about how our Website uses cookies

Landlords and Tenants 

To make suggestions and recommendations to you about products or services that may be of interest to you

(a)   Identity

(b)   Contact

(c)   Technical

(d)   Usage

(e)   Profile

We will obtain your consent before we use your personal data for direct marketing purposes

You have the right to withdraw your consent at any time by contacting us

Landlords and Tenants 

To enable you to make payments to us through STRIPE

STRIPE is a payment platform operated by Stripe Payments Europe Limited (for customers in the EEA). Once you enter your information into the STRIPE widget, the information is handled and stored directly by STRIPE.

(a)   Identity

(b)   Contact

(c)   Financial

(d)   Transaction

(a)   Performance of a contract with you

(b) Necessary for our legitimate interests (to be paid for our products/services)

Landlords


Single Sign-On

If you use the Single Sign-On function, which allows you to use your Facebook or Google+ credentials to create your account with us, or to connect your account with your social media account, you will be asked to give us consent to access certain personal data that such social media organisations hold about you (such as content viewed by you, content liked by you, and information about the advertisements you have been shown or have interacted with). This data is only used by us for the purpose of allowing you to create an account and access it through our login system. 

The personal data we have access to can be managed through your privacy settings with Facebook and Google, and the permissions you grant us when you use the Single Sign-On function. 


Marketing

We strive to provide you with choices regarding our use of your personal data, particularly in respect of marketing and advertising.

If you provide us with consent, we may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what products/services may be of interest to you.

We will also obtain your consent before we share your personal data with any third-party for marketing purposes. We will notify you of the identity of the relevant third-party prior to the point in time that you are asked to consent. 


Opting out

You can ask us or third parties to stop sending you marketing messages at any time by logging into our Website and checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out links on any marketing message sent to you, or by contacting us at any time.


Cookies

Please note that our Website uses cookies. For more information about the cookies we use, please see our Cookies Policy.


5.              SHARING OF YOUR PERSONAL DATA


We may have to share your personal data with the third parties set out below for the reasons stated in this section.  These companies are data processors and we are the data controller. We will remain accountable to you for your personal data.

We require all third parties who use your personal data 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.

Our main service providers include the following companies:

·                Pixel & Tonic; the owners and operators of Craft CMS (https://craftcms.com), based outside the UK and the EEA. We use Pixel & Tonic for content management software services;

·                Fortrabbit GmbH, based inside the EEA. We use Fortrabbit GmbH for cloud webhosting; and

·                Stripe Payments Europe Limited, based outside the UK and the EEA. We use Stripe Payments Europe Limited for payment services. Stripe Payments Europe Limited provides a payment platform which enables you to make payments to us. We will only need to share your data with Stripe Payments Europe Limited if you are a Landlord. 

We may also share your personal data with other service providers responsible for fulfilling orders for products and services, providing relationship management, marketing assistance and supporting our Website and IT functionality. Such companies will act as processors of your personal data and may be based inside or outside the EEA. 

In addition, we may share your personal data with the following service providers, who may act as either processors or joint controllers: 

·                Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services. These will be based inside the EEA. 

·                HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.

·                Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. 

·                Third parties with whom we merge or whom we may choose to acquire.  

The service providers listed above will be supplied with or have access to your personal data solely for the purpose of providing the services described above to us.

If you publish personal data to our Website (such as Identity and Contact Data as part of a property listing, by leaving comments or by participating in community discussions) such personal data will be visible to all third-party users of our Website. For further details on publishing information to our Website, please refer to our Terms of Use.

If you would like further information about the organisations to whom we will need to share your personal data, please contact us


6.              INTERNATIONAL TRANSFERS


We have indicated in Section 5 whether the external service providers are based outside of the EEA.  When this is the case their use of your personal data will involve a transfer of data outside the EEA.

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:

·                The transfer is to a country that is 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.

·                We have used 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.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the 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, such as the implementation of appropriate security measures to protect our IT infrastructure. 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


We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect of our relationship with you. Please see our retention schedule for greater detail on our data retention practices.

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.

We have to keep basic information about Landlords (including Contact, Identity, Financial and Transaction Data) for six years after they cease being users for tax purposes.

In some circumstances you can ask us to delete your data: see request erasure below for further information.


9.              YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:


If you wish to exercise any of the rights set out above, please contact us.


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 may 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 may 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 product/service 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 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 or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.


YOUR LEGAL RIGHTS


You have the right to:


Monkey vs Owl Limited 


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