Privacy Notice - JB Kelly

The purpose of this notice is to explain how your Personal This notice describes the processing of your Personal Data by JB Kelly (Property) Sutton Ltd, doing business as JB Kelly and located at Unit 4 Sutton Cross SC, Sutton, D13. This notice describes the Personal Data we may gather while conducting business and how it will be used. To fully understand our practices involving your Personal Data, please read this notice carefully.

Who We Are & How To contact us

Having the PSR license number 003675, JB Kelly Property (Sutton) Ltd, doing business as JB Kelly, is situated at Unit 4 Sutton Cross SC, Sutton, D13E0E6. For our clients, we at JB Kelly offer residential and commercial estate agency services such property valuation, purchasing, selling, renting or letting, management, and consulting.

As the Data Controller under the General Data Protection Regulation (EU2016/679) and the Data Protection Acts of 1988 to 2018, JB Kelly is subject to the terms of this privacy notice. Additionally, when we serve as an agent for our clients, we process their data.

This Notice describes the ways in which we get Personal Data through our services, websites, and mobile applications, as well as the ways in which we use such data for processing. Furthermore, it describes how we share.

You may contact us at jb@kelly.ie for any data protection issues or concerns.

The Personal Data we collect and where we obtain it from

“Personal Data” refers to information that can be used to directly or indirectly identify you as a named or distinguishable individual.

How you may give us personal data

We ask that you just share the information required to help us when you contact us by phone, email, or any other method so that we can respond to your inquiries, ideas, or complaints about our website or services.
You can give us personal information by completing contact forms on www.kelly.ie.
When you apply for a job with us, you could give us information such your resume, cover letter, name, address, email, phone number, employment history, educational background, noteworthy accomplishments, and personal identification.
We may gather information about your identity, such as a form of photographic identification (such as a passport, driver’s license, or identification card) and a piece of evidence proving your address (such as a recent utility bill), if we are required to do so by law while providing services to you.
Your device’s browser sends us data when you view our website, including your IP address, browser type, access time, and referring URL. We gather and analyze this information to create statistics reports that we may use to improve the content of our website and the services we provide to you.Depending on the specific service we provide to you, we may also gather additional personal data as described below.

Buying, Selling, Letting, Rentals and Valuations

When you use our services to buy, sell, or rent a property, we will gather your contact information, including your phone number and email address. This is required in order for us to schedule viewings and keep you updated on any offers, comments from potential tenants, or rental applications for your property.
We will ask you for information about your ability to sell or rent the property if you are not the legal owner. This could include a statement from your solicitor confirming your role as an executor or personal legal representative.
When you interact with us, we may gather personal information about you in order to comply with Anti-Money Laundering (AML) regulations.
If you are a representative of 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 may include personal identity and address documents, Company details such as Company Registration and directors details, information on other individuals who have an interest in the property.
To set up the payment of your rent and/or any required deposits, we might need to obtain the information for your bank account.
We may also request further proof of funds, such as a letter or email from your bank or lending institution confirming approval in principal or a solicitor’s letter verifying the availability of cash.
We might have to share information when we collaborate with third parties such as solicitors, developers, or joint agents since it is in our legitimate interest to do so.
If you are interested in buying a property we have listed for sale but have certain criteria, we will collect personal information regarding them so we can find a home that will work for you.
If necessary, we will also gather the personal information needed to locate and negotiate the purchase of a property on your behalf.

If you wish to rent a property through our agency

Information on any special accessibility needs so you can be confident the property will meet your needs.
References from your past employers and landlords, where applicable.
Account information for rent and security deposits.
We will request a photo or scan of your biometric residence card, immigration status document, and/or birth certificate if you are renting under the “Right to Rent” program in order to do the relevant background checks.
For the purpose of preventing and detecting crime, fraud, or money laundering, it can be necessary to collect particular identity documents.

Property Management

In the event that we maintain your property on your behalf, we will need your emergency contact information in case a problem arises after hours.
In order to fulfill our obligations to you regarding the administration of your real property investments, we may be required to share your Personal Data with third-party lenders if you hire us for portfolio management services.

Other uses of your Personal Data

Your personal information will be kept on file in our client management systems and used to send you marketing materials about the products and services we provide, houses for sale or rent, or other items we think you might find interesting.
By sending us an email at jb@kelly.ie, you can choose at any moment not to receive this information.
We may get Personal Data about you from a range of sources, including data you voluntarily supply to us and information found through other publicly accessible sources.

How and why We use Your Personal Data

The data gathered from and about you may be used by us, or service providers working on our behalf, to:

Provide our services, such as completing a transaction you have requested.
To add you to our systems as a client or customer.
If you are a potential employee, to develop a candidate profile for you.
to evaluate applicants’ qualifications, confirm information, and run reference or other employment-related background checks as part of processing job applications.
If you are a buyer or tenant, we use your Personal Data to set up viewings, gather feedback, and set up a contract for sale or a lease for you. If you are a landlord, we use your Personal Data to set up a lease for you.We will use your Personal Data to conduct due diligence in accordance with other legal or regulatory obligations.
To the extent required to complete the sale or purchase, we shall communicate your Personal Data with the attorneys you have chosen as well as the attorneys and agents of the opposite party. Your Personal Data might also be disclosed to joint agents or developers.
In order to evaluate your suitability to rent that property and to prevent and detect crime, fraud, and/or money laundering, we shall exchange your personal information with third-party referencing organizations.
When we manage property on your behalf, we might occasionally need to share your Personal Data with outside contractors we’ve hired to perform maintenance on your properties.
We might send advertisements, notifications of new listings, or other types of communications.
We might be in touch with you regarding taking part in events, promotions, offers, polls, competitions, or market research.
Inquiries from you and other parties, such as inquiries from law enforcement organizations, should be answered.
To make sure our invoices are paid.
For internal operations, including troubleshooting, data analysis, testing, research, statistics, and survey reasons, as well as to manage and develop our website.
In an effort to maintain the security and safety of our website.
Managing our communications, reviewing and processing job applications, performing data and statistical analytics, and carrying out accounting, auditing, and other internal tasks are all part of operating, evaluating, and improving our business.
Defend against, recognize, and stop fraud and other illegal conduct as well as claims and other liabilities.
We will keep a record of your personal information on our client management systems and use it to send you marketing materials about our services that are comparable to the ones you have hired us to perform and that we think you might occasionally find valuable. You always have the choice to decline receiving this information.
To uphold the law, pertinent industry standards, contractual duties, our terms of service, and other policies; comply with and enforce these requirements; and behave in other ways for which we give particular notice at the time of collection.

Collection of Sensitive Data

Your socioeconomic background, health, country of origin, and other sensitive data may be included in the Personal Data that we process and are classified as Special Category of Personal Data under the GDPR.

Your sensitive data is processed on the following legal bases:

Your explicit consent.
Processing that is required in order to fulfill a mandate to which we are subject.
At the time of collection, we shall get your explicit and informed consent to the collection and processing of your personal data. You may withdraw your consent at any time by sending us an email at jb@kelly.ie.

Do We share Your information?

In order to offer you with our services and goods, we might disclose your Personal Data to our carefully chosen business partners, suppliers, and contractors. These partners could consist of our web hosting company, website software suppliers, as well as other IT service providers like data storage, email and calendar providers, CRM systems, and others that are essential to the functioning of our company and the delivery of services to you.

In some circumstances, such as when we are required by law to do so, to enforce our terms of service and other agreements, or to defend our rights, property, or safety or the rights of others, we may also disclose your Personal Data to third parties. This could entail exchanging data with other businesses and organizations to prevent fraud and reduce credit risk.

We may share your information with selected third parties in the following cases:

Business patrtners, vendors, and subcontractors for the execution of any agreement we sign into with you or them.
Parties with whom we must share your information in order to complete transactions you have requested, or when you specifically request that we do so.
Law enforcement authorities in order to abide by applicable laws, grant requests, and court decisions. Statutory and regulatory entities, including central, local, and RTB.
Service providers that offer us website, online platforms, CRM platforms, marketing services, as well as subcontractors that perform a service for us and subprocessors.

For a list of entities with whom your Personal Data may be shared, please refer to Schedule 1. For a complete list, please contact us at jb@kelly.ie

Is Your information sent outside the European Union?

Sometimes, in order to provide our services more efficiently, we may use third-party services, which may need the transfer of Personal Data outside of the EU/EEA. We employ cloud-based solutions like Microsoft, Google Workspace, and others.

We only select service providers who process Personal Data based on either:

Standard Contractual Clause(s) (SCC’s) or
An Adequacy Decision from the European Commission when it is necessary to transfer or process Personal Data outside of the EU/EEA.

the legal basis for collecting & processing Your information

JB Kelly may legitimately process personal data in accordance with Irish and EU legal requirements.

The following legal justifications are used to process personal data:

Processing required to carry out a contract we have with you or to act on your behalf before entering into a contract.
Your express authorization to process information for one or more predetermined purposes, such as marketing.
Processing required to fulfill a legal requirement.
Processing required for our legitimate interest in presenting bids and offers to you regarding our services before to entering into a contract. Your interests, fundamental rights, or freedoms that call for the protection of your information must not take precedence over this interest.

The following are the legal bases for processing special category Personal Data or sensitive Personal Data:

Your explicit consent.
Processing necessary for compliance with a legal obligation.

If we process your Personal Data based on your consent, you have the right to withdraw it at any time. However, any processing done before you withdrew your consent remains lawful.

You can opt out of receiving market communications at any time. To “opt out” please contact us at jb@kelly.ie

how to Stop Receiving communications from Us

If you prefer not to be contacted by us through a specific method, such as text messages, emails or another form of communication, please let us know, and we will honour your request.

Occasionally, we may need to contact you regarding our services, such as verifying your Personal Data.

If you no longer wish to receive marketing communications from us electronically, you can use the opt-out feature included in any of our communications, or simply inform us at jb@kelly.ie

information security

We take the security of your Personal Data very seriously and employ a range of technologies and procedures to safeguard it against unauthorised access and use. However, no security system is entirely foolproof, and while we use modern security practices, we cannot guarantee the complete security of our databases or the information you transmit to us over the internet.

Please be aware that transferring information over the internet may also involve the transfer of Personal Data to countries outside of the European Economic Area (EEA), such as through the use of cloud hosting or proprietary software solutions. We do not permit third parties to use your Personal Data for their own purposes, but it’s possible that non-EEA countries may not provide the same level of protection as EEA countries. By submitting your Personal Data, you agree to this transfer, storage, and processing. We will make every effort to store and process your Personal Data within the EEA.

We are committed to protecting your Personal Data, but please note that any transmission of Personal Data is done at your own risk. Once we receive your Personal Data, we will take appropriate measures to prevent unauthorised access. We regularly review and update our policies and security features as new technologies become available.

Miscellaneous

If we process your Personal Data based solely on your consent, you have the right to withdraw your consent at any time.

If you have any complaints about the processing of your Personal Data, you have the right to bring them to the attention of a supervisory authority. In Ireland, the supervisory authority is the Personal Data Protection Commission.

In order to perform the services you have requested from us, we require certain Personal Data from you. For example:

If we are selling a property on your behalf, we need your contact information to keep you updated on viewings, offers and the progress of the sale.
If you have requested us to find you a property that meets certain access requirements, we may need additional information about your specific circumstances to find a suitable property for you.
We may also need identity documents from you to comply with our legal obligations to prevent fraud and money laundering.

If you do not provide the necessary information for these purposes, we will not be able to fulfill our contractual obligations to you and may not be able to provide certain services or continue providing services to you. We will inform you when this is the case at the time we collect your information.

Links to other sites

Occasionally, our website may include links to other websites. If you click on a link to one of these websites, please note that they have their own privacy policies and we do not accept any responsibility or liability for these policies. We recommend that you read and review the privacy policies of these websites before submitting any of your Personal Data.

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.

How To contact us

If you believe that we have violated your rights, you have the right to file a complaint with the Data Protection Commission. The contact details for the commission are listed below, but we kindly request that you contact us first to allow us to address any concerns you may have.

To exercise any of your data protection rights, please contact us at jb@kelly.ie

Your rights & how To exercise them

Under EU law, as an individual, you have specific rights to request information or make changes to how we process your Personal Data. These rights only apply in certain circumstances and are listed below:

The right to access your Personal Data (known as the “access right”)
The right to correct or rectify your Personal Data (known as the “right to rectification”)
The right to object to the processing of your Personal Data (known as the “right to object”)
The right to restrict the processing of your Personal Data (known as the “right to restriction”)
The right to have your Personal Data erased or deleted (known as the “right to erasure”)
The right to have certain Personal Data about you transferred from one organization to another (known as the “right to Personal Data portability”)

Please note that these rights are not absolute and only apply in certain circumstances. To exercise any of the above rights, please contact us via email at jb@kelly.ie including all necessary information.

If you are not satisfied with our processing of your Personal Data, you may lodge a complaint with your local supervisory authority. The Data Protection Commission is the local Supervisory Authority in Ireland and their 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

Before exercising your data subject rights, please contact us at jb@kelly.ie to give us the opportunity to resolve any issues to your satisfaction.

To ensure that we correctly identify you as the data subject before responding to your request, we may need to establish a verification process or mechanism.

Schedule 1

Schedule 1 list of some of the entities with whom we share your data.

Third Party Name	Description of Service
Google Workspace	Email and data storage
Microsoft	Data storage
The Irish Times Ltd trading as MyHome.ie	CRM
Dropbox	Data storage
WPMU DEV	Website hosting and website management tools

Changes to this Notice

Over time, our privacy notice may change. If it does, any updates will be posted on our website and take effect immediately. Every time you use our website or services, we encourage you to read this notice. The message will state when the most recent update occurred.

This notice’s current version was last updated on April 20, 2023, and it is in force as of that date.