Privacy Notice
This Notice sets out the basis on which any Personal Data we at Noel Kelly Auctioneers Ltd of Unit 5a Portmarnock Shopping Arcade, Strand Road, Portmarnock Co Dublin collect from you, or from others, will be processed by us. Please read the following carefully to understand our practices regarding your Personal Data and how we will treat it.
This Notice is divided into several sections – if you click on a heading in the Table of Contents, you will be taken directly to that section. More detailed information is available in several sections, or on request in some instances.
Table of Contents
Who are we?
How can you contact us?
“We” are Noel Kelly Auctioneers ltd of Unit 5a Portmarnock Shopping Arcade, Strand Road, Portmarnock, Co Dublin Licence: 003533 ( “Noel Kelly Auctioneers ltd”). We provide auctioneering services in that we buy, sell, rent or let, manage and value property and other associated services as an Agent for our clients.
This Notice applies to Noel Kelly Auctioneers ltd as the DATA CONTROLLER for the purposes of the General Data Protection Regulation EU2016/679, and the Data Protection Acts 1988 – 2018 . We also act as a Data Processor when we act as Agent for our clients.
This Privacy Notice (“Notice”) applies to Personal Data collected by the Noel Kelly Auctioneers ltd through its websites, services and mobile applications (collectively, the “services”). This Privacy Notice describes in detail the types of Personal Data we collect about you; how we use your Personal Data (the purposes for processing your Personal Data) and with whom we share it; the choices and rights you have with regard to your Personal Data; how we protect your data; and how you can contact us about our privacy practices and data protection issues.
For data protection issues, please email our Privacy Champion at noel@kelly.ie
What information about me do you collect & use?
Where do we get your Personal Data from?
- “ Personal Data” is data that can identify you, either directly or indirectly, as an identified or identifiable individual.”
You may give us personal data by:
- Corresponding with us by phone, e-mail or otherwise. We ask you to disclose only as much information as is necessary to provide you with our services or to submit a question/suggestion/comment in relation to our website or our services.
- Filling in forms on www.kelly.ie such as the contact us form.
- Applying to work with us. The type of information you may provide in your CV, a cover letter, your name, address, e-mail address and phone number. CVs should include information relevant to your employment history and education (degrees obtained, places worked, positions held, relevant awards, and so forth), drivers’ licence.
- If we are providing a service to you, or on your behalf, where we are required to do so by law, we will collect information relating to your identity, which will be at least one form of photographic identification (such as a passport, a driving licence or an identification card) and one form of documentation with proof of your place of residence (such as a recent utility bill).
- When you access our website your device’s browser provides us with information such as your IP address, browser type, access time and referring URL which is collected and used to compile statistical data. This information may be used to help us to improve our website and the services we offer, and to offer services to you.
- Depending on the service that we provide to you (or on your behalf) we may also collect additional Personal Data as detailed below.
Buy, Sell, Let, Rent and Valuations
- If you are buying, selling or letting a property through us.
- We will collect a contact telephone number and e mail address to get in touch with you about organising viewings and updating you on any offers received or rental applications for your property.
- Where you are not the legal owner of the property, we will request details from you as to your ability to sell or let the property such as a Power of Attorney or Grant of Probate.
- Where you engage with us , we may collect information required to identify you to meet anti-money laundering requirements.
- If we are dealing with an entity such as a company, trust or charity, we may need to obtain Personal Data for the beneficiaries of the entity and those in a position of control. This will include, but is not limited to, identity and address documents. We may also need to collect information on other individuals who have an interest in the property who are not considered to be our customers.
- We will collect your bank account details to arrange onward payment of rent and/or deposit due to you and we may also ask for proof of funds.
- Where we are working alongside third parties such as solicitors, developers, joint or multi agents, we may need to share these documents on the basis of legitimate interests.
- If you wish to purchase a property we are listing for sale where you have specifically provided us with these, we will collect Personal Data relating to any specific access requirements you may have in relation to a property so that we can find a property that is suitable for your needs. We will also collect Personal Data required to source a property for you and, where required, negotiate the purchase of a property on your behalf.
If you wish to rent a property, we are listing
- Specific access requirements so that we can find a property that is suitable for your needs.
- We will also require references to include employment references and previous rental history as is appropriate.
- Your bank / building / similar account details to allow us to manage an approved tenancy deposit account for you and to set up your rental payments.
- If you are a tenant renting under the ‘Right to Rent’ scheme we will collect details of your Biometric residence card, your immigration status document and/or your birth certificate to carry out our required checks under this scheme.
- We may also need to collect specific identity documents from you for the purpose of preventing and detecting crime, fraud or money laundering.
Property Management
- Where we engage with you to manage property on your behalf, we will ask for additional emergency contact information in case we need to get in touch with you outside of working hours or in the event there is a matter requiring your urgent attention.
- Where you engage us for portfolio management services, we will share your Personal Data with third party lenders as is necessary to allow us to fulfil our obligations to you and to properly manage and advise you on your property investments.
Other uses of your Personal Data
- We will hold your Personal Data on our client management systems and use this to provide you with marketing information about similar services offered by us to those which you have engaged us to provide which we feel you might find useful from time to time. You have the opportunity to opt out of receiving this information at any time.
We obtain Personal Data about you from a variety of sources. This includes Personal Data you provide to us directly and data we obtain from other sources.
We may also process other data, which is not Personal Data.
Do you collect information from children (under 16yr olds)?
Children’s Personal Data: We do not collect and manage information about children. Where we may have to by virtue of legal obligation and where appropriate we will seek consent from a parent or guardian before collecting information about children.
How and why do use my Personal Data?
We, or service providers acting on our behalf, may use the information collected from and about you to:
- Provide our products and services, including completing a transaction that you requested.
- To set you up as a Name on our systems.
- To create a candidate profile for you if you are a prospective employee.
- To process employment applications, including by assessing qualifications, verifying information, conducting reference or other employment-related checks.
- We use your Personal Data for the purposes of fulfilling our obligations to you to let or sell your property or, if you are a buyer or tenant, for the purposes of arranging viewings, obtaining feedback, and arranging a contract for sale or a lease for you.
- We will use your Personal Data to conduct due diligence in accordance with other legal or regulatory obligations.
- We will share your Personal Data with your appointed solicitors and the solicitors and agents acting for the other side of the deal as is necessary to facilitate the sale or purchase. We may also share your Personal Data with joint or multi agents or developers, as the case may be.
- We will share your personal data with third party referencing agencies for the purposes of the prevention and detection of crime, fraud and/or money laundering and checking your suitability to rent that property.
- Where we are managing property on your behalf, we may need to pass your Personal Data from time to time on to third party contractors whom we have engaged to carry out maintenance on your properties.
- Send promotional materials, alerts regarding available offers and other communications,
- Communicate about, and administer participation in, special events, promotions, programs, offers, surveys, contests and market research.
- Respond to enquiries from you and other third parties, including enquiries from law enforcement agencies.
- To ensure payment of our invoices.
- To administer and improve our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
- As part of our efforts to keep our website safe and secure.
- Operate, evaluate and improve our business (including developing, enhancing, analysing and improving our services; managing our communications; reviewing and processing employment applications, performing data and statistical analytics; and performing accounting, auditing and other internal functions).
- Protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities.
- We will hold your Personal Data on our client management systems and use this to provide you with marketing information about similar services offered by us to those which you have engaged us to provide which we feel you might find useful from time to time. You have the opportunity to opt out of receiving this information at any time.
- Comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our terms of service and other policies; and
- In other ways for which we provide specific notice at the time of collection.
Special Category Data and the lawful basis for that processing activity.
The processing of your Personal Data may include Personal Data relating to your socio-economic background such as your ethnic or cultural background and/or living circumstances, your health and wellbeing or otherwise which is regarded as Special category of Personal Data under the GDPR.
The legal bases for the processing of your special category data or sensitive data are:
- That you have explicitly provided consent.
- Processing necessary for compliance with a legal obligation to which we are subject.
Where Personal Data collected and processed explicit and informed consent is gained at the point of the collection which can be withdrawn at any point by contacting our Privacy Champion on noel@kelly.ie
Do you share my information?
We may share your personal data with our selected business associates/ suppliers and contractors to provide you with our services/products. For example, these business partners may include our web hosting provider and our IT service providers.
In addition, we may disclose your Personal Data to third parties If we are under a duty to disclose or share your information in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect our rights, property, or safety, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We may share your information with selected third parties including:
- Business partners, suppliers, and sub-contractors for the performance of any contract we enter into with them or you.
- Third parties with whom: (i) we need to share your information to facilitate transactions you have requested, and (ii)you ask us to share your information.
- Statutory and regulatory bodies (including central and local government and RTB) and law enforcement authorities in order to comply with any applicable laws, grant applications and / or court orders.
- Service providers who provide us with marketing services/CRM platform, website and online platforms, and subcontractors who provide a service to us, and sub processors.
We attach at Schedule 1 a list of some entities with whom your personal data is shared. For a full list please contact us at noel@kelly.ie
Is my information sent outside the European Union?
We will, from time to time, make use of services provided by 3rd parties for the delivery of our services which may necessitate the transfer of Personal Data outside the EU/EEA. For example, we use a variety of cloud-based tools such as Google for Business/Microsoft and others. Where Personal Data needs to be transferred or processed outside the EU/EEA, we chose providers who process Personal Data on the basis of
- Standard Contractual Clause (s)(SCC’s)
- An Adequacy Decision from the European Commission.
What is the legal basis for you collecting and processing my information?
Irish and EU law sets out the grounds upon which data controllers such as Noel Kelly Auctioneers ltd can rely on to lawfully process Personal Data.
The legal bases for the processing of your Personal Data are:
- Processing necessary for the performance of a contract which you have entered into with us or to take steps at your request prior to entering into a contract.
- That you have provided consent for the processing for one of more specified purposes such as marketing for example when you fill out consent to receiving marketing material.
- Processing necessary for compliance with a legal obligation to which we are subject.
- Processing necessary for the purposes of the legitimate interest which we pursue in providing you with quotes and proposals about our services prior to contract where such interests are not overridden by your interests or fundamental rights or freedoms which require the protection of your information.
The legal bases for the processing of your special category Personal Data or sensitive Personal Data are:
- That you have explicitly provided consent.
- Processing necessary for compliance with a legal obligation to which we are subject.
Where our processing of your Personal Data is based on your consent to that processing, you have the right to withdraw that consent at any time but any processing that we have carried out before you withdrew your consent remains lawful.
If you are receiving marketing from us, you may opt out. If you no longer wish to be contacted for marketing purposes, please contact us as set out in this Notice to request to “opt out” of marketing.
What are my rights, and how do I exercise them?
As an individual, under EU law you have certain rights to apply to us to provide information or make amendments to how we process your Personal Data. These rights apply in certain circumstances and are set out below: –
The right to access Personal Data relating to you (‘access right’).
The right to rectify/correct Personal Data relating to you (‘right to rectification’).
The right to object to processing of Personal Data relating to you (‘right to object’).
The right to restrict the processing of Personal Data relating to you (‘right to restriction’).
The right to erase/delete Personal Data relating to you (i.e., the ‘right to erasure’).
The right to ‘port’ certain Personal Data relating to you from one organisation to another (‘right to Personal Data portability’).
These rights are not absolute and only apply in certain circumstances. You may exercise any of the above rights by contacting us accompanied by all necessary information via:
an e-mail to noel@kelly.ie
You may lodge a complaint with your local supervisory authority with respect to our processing of your Personal Data. The local Supervisory Authority in Ireland is the Data Protection Commission. The website is https://www.dataprotection.ie
DATA PROTECTION COMMISSION contact details are:
Dublin Office
21 Fitzwilliam Square Canal House
Dublin 2 Station Road
D02 RD28 Portarlington
Ireland R32 AP23
Portarlington Office
Canal House
Station Road
Portarlington
R32AP23
Phone +353 57 868 4800 or +353 761 104 800
LoCall 1 890 25 22 31
Fax +353 57 868 4757
email: info@dataprotection.ie
We would ask that you contact us first at noel@kelly.ie to enable us to try to deal with the matter to your satisfaction.
The exercise of Data Subjects’ rights as some other “interactions” requires the univocal identification of the person submitting such request as being, in fact, the Data Subject to whom such Personal Data pertains to, hence we may have to set in place a process or mechanism that allows it to document having undergone such assertive identification.
Can I stop getting emails, text messages and other communications from you?
Yes!
If you no longer wish us to contact you in a particular way, for example, to no longer send you text messages, just advise us of that and we will respect your wishes.
It may be necessary for us to contact you from time to time in connection with services, for example to ensure your Personal Data is correct.
MARKETING
If you no longer wish to receive marketing communications by electronic means, just use the opt-out facility in any of our communications OR advise us at noel@kelly.ie
Is my information secure?
We are committed to protecting the security of your Personal Data. We use a variety of security technologies and procedures to help protect your Personal Data from unauthorised access and use. As effective as modern security practices are, no physical or electronic security system is entirely secure. We cannot guarantee the complete security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We will continue to revise policies and implement additional security features as new technologies become available.
The transmission of information via the internet is not completely secure and may involve the transfer of Personal Data to countries outside of the European Economic Area (EEA). This occurs typically through use of cloud solutions for web hosting, email hosting or proprietary software solutions delivered to us through the Cloud. We do not however authorise any third party to use your Personal Data for their own purposes. Non-EEA countries may not provide an adequate level of protection in relation to processing your Personal Data. By submitting your Personal Data, you agree to this transfer, storing and processing. The sharing, storage and processing of your Personal Data/ information will predominantly take place within the EEA.
Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to us. Any transmission of Personal Data is at your own risk. Once we receive your Personal Data, we use appropriate security measures to seek to prevent unauthorised access.
How do you contact us?
You have the right to complain to the Data Protection Commission if you feel that we are in breach of any of your rights. Full contact details are provided below.
We would ask that you contact us first, to enable us to try to deal with the matter to your satisfaction.
Please contact us at noel@kelly.ie
If you wish to exercise any of the rights you have in respect of your data, please contact us.
Miscellaneous
Where we process your Personal Data based only on your consent, you may withdraw your consent.
You have the right to bring a complaint to a supervisory authority if you have any complaints about the processing of your Personal Data. In Ireland the Personal Data Protection Commission is the supervisory authority.
What happens if you do not provide data that we request?
We need some of your Personal Data to perform the services you have requested from us. For example:
- where we are selling a property on your behalf, we need to know your contact information so that we can update you with information on viewings, offers and the progress of the sale; and
- where you have asked us to find you a property which meets certain access requirements, we may need to know some further details about your particular circumstances so that we can find you a suitable property.
We also need some information so that we can comply with our legal obligations. For example, we may need identity documents from you to meet our obligations to prevent fraud and money laundering.
If you do not provide the information required for these purposes, we will not be able to perform our contract with you and may not be able to provide services to you or continue to provide certain services to you. We will explain when this is the case at the point where we collect information from you.
Links to other sites
Our website may, from time to time, contain links to and from other websites. If you follow a link to any of those websites, please note that those websites have their own privacy policies/notices and that we do not accept any responsibility or liability for those policies/notices. Please check those policies/notices before you submit any Personal Data to those websites,
Social Networks
We maintain active social network accounts. We embed widgets from these networks to provide follow buttons, like boxes and stream embeds. This will involve cookies being set by these networks while using our site. You may choose to refuse these cookies. Your use of these social media platforms remains subject to your own user agreements with the platform providers.
Changes to this Notice
This notice may change from time to time, and any changes will be posted on our website and will be effective when posted. Please review this notice each time you use our website or our services. This notice was last updated on noel@kelly.ie
This Notice is effective from April 12th, 2023.
| Third Party Name | Description of Service |
|---|---|
| Google Workspace | Email and storage |
| Microsoft | Document storage |
| The Irish Times Ltd trading as MyHome.ie | CRM |
| IT Providers | VBT |
| WPMU DEV | Website hosting |