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.
“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 [email protected]
You may give us personal data by:
Buy, Sell, Let, Rent and Valuations
If you wish to rent a property, we are listing
Other uses of your Personal Data
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.
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.
We, or service providers acting on our behalf, may use the information collected from and about you to:
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:
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 [email protected]
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.
We may share your information with selected third parties including:
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 [email protected]
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
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:
The legal bases for the processing of your special category Personal Data or sensitive Personal Data are:
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.
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 [email protected]
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:
21 Fitzwilliam Square Canal House
Dublin 2 Station Road
D02 RD28 Portarlington
Ireland R32 AP23
Phone +353 57 868 4800 or +353 761 104 800
LoCall 1 890 25 22 31
Fax +353 57 868 4757
email: [email protected]
We would ask that you contact us first at [email protected] 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.
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.
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 [email protected]
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.
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 [email protected]
If you wish to exercise any of the rights you have in respect of your data, please contact us.
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:
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.
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,
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.
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 [email protected]
This Notice is effective from April 12th, 2023.
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