Privacy Policy

This privacy policy sets out how Simon Brien uses and protects any information that you give Simon Brien when you use this website.

Simon Brien is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Simon Brien may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

Who we are

Simon Brien Residential Ltd is the controller and responsible for your personal data (collectively referred to as "Simon Brien”, "we", "us" or "our" in this privacy notice).

We have appointed a data compliance manager 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 data compliance manager using the details set out below:

• Full name of legal entity: Simon Brien Residential Ltd
• Name or title of data compliance manager: Samuel Dickey
• Email address: compliance@simonbrien.com
• Postal address: 525 Lisburn Road, Belfast, United Kingdom, BT9 7GQ
• Telephone number: 028 9066 8888

What we collect

We may collect the following information

• Identification details (for example, your name, date of birth, gender, nationality, national insurance number, business ID number (if applicable);
• Contact information (for example, your phone number, postal address and email address);
• Employment and Financial Information (for example, your occupation, salary and bank account details and payment card details);
• Technical Data (for example, 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 this website);
• Profile Data (for example, your username and password, purchases or applications made by you, your interests, preferences, feedback and survey responses and any other offers, saved properties and saved property searches);
• Usage Data (for example, information about how you use our website, products and services);
• Marketing and Communications Data (for example, your preferences in receiving marketing from us and our third parties and your communication preferences); and
• Other Data (for example, information regarding your right to sell or rent a property);

If you fail to provide your personal data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, we may not be able to arrange a sale or purchase of one of our properties if you do not provide us with a contact name or phone number). In this case, we may have to cancel the services you have requested from us but we will notify you if this is the case at the time.

How we collect data

We collect data from:

• You: You may give us your identification, contact and financial data by completing online forms on our website or by corresponding with us by post, phone, email or otherwise.
• Automated technologies or interaction: 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 and other similar technologies.
• Third parties or publicly available sources: We may receive personal data about you from various third parties as such as PropertyNews and PropertyPal as well as technical data from analytics providers such as Google based outside the EU.

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• 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 or regulatory obligation;
• internal record keeping;
• we may use the information to improve our products and services;
• from time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax, SMS or mail. We may use the information to customise the website according to your interests.
• We may use your personal information to send you updates (by email, text message, telephone or post) about our products, including exclusive offers, promotions or new products.
• We may use your information for promotion communications:
     - We have a legitimate interest in processing your personal information for promotional purposes. This means we do not usually need your consent to send you promotional communications. However, where consent is needed,       we will ask for this consent separately and clearly.
     - We will always treat your personal information with the utmost respect and never share it with other organisations outside Simon Brien for marketing purposes.
     - You have the right to opt out of receiving promotional communications at any time by:
           -  contacting us at compliance@simonbrien.com or
           - using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts
• We may ask you to confirm or update your marketing preferences if you instruct us to provide further products in the future, or if there are changes in the law, regulation, or the structure of our business.

Who we share your information with

We routinely share personal information with:

• third parties we use to help deliver our products to you, e.g. payment service providers, PropertyNews, Property Pal, and/or Phantom Photography;
• other third parties we use to help us run our business, e.g. marketing agencies, website hosts, contractors, and/or utility providers;
• third parties approved by you, e.g. social media sites you choose to link your account to or third party payment providers; and
• Homelet, Credit Safe, and/or Signable;

We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you. We may also share personal information with external auditors, e.g. in relation to the audit of our accounts.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

Data Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access, disclosure, loss, alteration or destruction of your personal data we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Data Transfers

In the course of processing your Personal Data, or disclosing it to the recipients referred to above, we may transfer it to countries which are outside the European Economic Area (EEA), some of which may not have laws which provide the same level of protection to your Personal Data as laws inside the EEA. In such cases we will take steps to ensure that the transfers comply with the Data Protection Act 2018 and that your Personal Data is appropriately protected. We do so by taking the following measures:

• putting in place a contract with the recipient that means they must protect the personal information to the same standards as is required in the EEA;
• transferring it to a non-EEA country with privacy laws that give the same protection as the EEA;
• transferring it to organisations that are part of Privacy Shield (or any successor or replacement scheme). This is a framework that sets privacy standards for data sent between the US and EU countries to ensure that those standards are similar to what are used within the EEA;
• transferring it to organisations or countries that have other approved certification schemes or codes in place; or
• relying on another appropriate ground under applicable data protection laws

How long we store your personal data?

We will keep your personal information while you have an account with us or we are providing services to you. Thereafter, we will keep your personal information for as long as is necessary:

• to respond to any questions, complaints or claims made by you or on your behalf;
• to show that we treated you fairly;
• to keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information. Please contact us if you wish to obtain further information on our retention policy.

Your rights

Under certain circumstances, you have the following rights with respect to your personal data:

• The right to be informed that your information is being processed and to request a copy of the information we hold about you;
• The right to request that the your personal information is rectified if it is out of date or inaccurate;
• The right, where there is a dispute in relation to the accuracy or processing of your personal information, to request a restriction is placed on further processing;
• The right to request your personal data is erased where there is no compelling reason for us to continue to process the information;
• If we are relying on your consent to process Personal Data, the right to withdraw your consent to the processing at any time;
• The right, where there is a dispute in relation to the accuracy or processing of your personal information, to request a restriction is placed on further processing; and
• The right to object to the processing of personal data (for example, in relation to our processing of your information for direct marketing purposes)

If you wish to exercise any of the rights set out above, please contact our data compliance manager using the details set out at the beginning of this policy. Please note that these rights may be limited in certain situations, for example, if you request that we delete your data but we are under a legal obligation to retain the information for a longer period of time.

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.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs.

We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.

To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org.

Find out how to manage cookies on popular browsers:

Google Chrome
Microsoft Edge
Mozilla Firefox
Microsoft Internet Explorer
Opera
Apple Safari

To find information relating to other browsers, visit the browser developer's website.

To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout

This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Privacy Policy Updates

We may make changes to this Privacy Policy from time to time as our practices and laws evolve. We will not make any use of your data that is inconsistent with the original purposes for which it was obtained (if we intend to do so we will notify you in advance when possible) or otherwise that is permitted by the data protection laws.