INTRODUCTION 

WELCOME TO THE HABITUS LEEDS S.A.R.L PRIVACY NOTICE 

Habitus Leeds S.A.R.L (“Habitus”) respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.  

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 

Purpose of this privacy notice 

This privacy notice aims to give you information on how Habitus collects and processes your personal data through your use of this website, including any data you may provide through this website when you submit an enquiry or otherwise provide your contact details 

This website is not intended for children and we do not knowingly collect data relating to children. 

It is important that you read this privacy notice together with any other privacy notice or fair processing policy 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 other notices and privacy policies and is not intended to override them.  

Where you become a tenant of one of our properties (including the properties displayed on our website), the privacy notice of the letting agent that has arranged your rental of the property shall apply. When you liaise directly with our management agency, then its privacy notice shall apply. We are not responsible for these privacy notices. 

Controller 

Habitus Leeds S.A.R.L is the controller and responsible for your personal data (collectively referred to as “Habitus“, “we”, “us” or “our” in this privacy notice). 

Contact details 

If you have any questions about this privacy notice or our privacy practices, please contact our data privacy manager in the following ways: 

Full name of legal entity:Habitus Leeds S.A.R.L 

Email address:Luxembourgnotices@aig.com 

Postal address: 35D Avenue John F.Kennedy L-1855 Luxembourg 

Telephone number:+352 27 007 340  

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.  

Changes to the privacy notice and your duty to inform us of changes 

We keep our privacy notice under regular review. This version was last updated in September 2019.  

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. 

Third-party links 

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit. 

 

2. THE DATA WE COLLECT ABOUT YOU 

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). 

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

Identity Data includes name, title and gender. 

Contact Data includes business and/or home address, email address and telephone numbers. 

Technical Data includes internet protocol (IP) address, access times, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and any other technology on the devices you use to access this website.  

Usage Data includes information about how you use our website, products and services.  

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. 

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) require higher levels of protection. We need to have a lawful basis for processing this type of personal data and do not usually collect such information. However, we may process special categories of personal data such as if you tell us about a disability which is relevant to your housing requirements, and will only do so where we have a lawful basis for this processing.  

If you fail to provide personal data 

You do not have to give us any of the personal data set out above but, if you do not provide us with certain information, we may not be able to deal with your query or send you the marketing you have requested and you may not be able to use all features of our website 

 

3. HOW IS YOUR PERSONAL DATA COLLECTED? 

We use different methods to collect data from and about you including through: 

Direct interactions. You may give us your Identity, Profile and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: 

submit an enquiry using the online form; 

request marketing to be sent to you; or 

give us feedback or contact us.  

Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our cookie policy for further details. 

 

4. HOW WE USE YOUR PERSONAL DATA 

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: 

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 obligation. 

See the section on “Lawful Basis” below to find out more about the types of lawful basis that we will rely on to process your personal data. 

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent 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 using the details provided in this privacy notice. 

Purposes for which we will use your personal data 

We have set out below, in a 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/Activity  Type of data  Lawful basis for processing including basis of legitimate interest 
To deal with your enquiry submitted on the website, including by arranging a viewing, putting you in touch with our letting agent or providing you with any information requested  Identity Contact  (a) Taking steps at your request prior to entering into a contract with you (b) Necessary for our legitimate interests (provide you with the requested information about our properties) 
To manage our relationship with you which will include notifying you about changes to our terms or privacy notice  

 

Identity  Contact  

Profile  

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 study how customers use our website) 

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)    Identity Contact 

Technical 

(a)Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b)Necessary to comply with a legal obligation 
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you  Identity  Contact  

Profile  

Usage  

Marketing and Communications  

Technical  

Necessary for our legitimate interests (to study how individuals use our website, to develop the website, to grow our business and to inform our marketing strategy) 
To use data analytics to improve our website, properties, marketing, customer relationships and experiences  Technical  Usage   Necessary for our legitimate interests (to define types of customers for our properties, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) 
To make suggestions and recommendations to you about goods or services that may be of interest to you  Identity  Contact  

Technical  

Usage  

Profile  

Marketing and Communications 

Necessary for our legitimate interests (to develop and grow our business) 

 

Administering this website 

We have appointed a third party, Holdens Group Limited, to manage this website on our behalf. They may process your data, for the purposes of administering and operating this website. This may include data analysis, troubleshooting, testing, system maintenance and support. This helps us to improve the overall service that we can offer to you and improve our website.  

Marketing  

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.  

Where you have consented, we or our management agency on our behalf may send you marketing emails about our properties. For example, you may give consent by ticking a box when you submit an enquiry on our website.  

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you, or by contacting us at any time using the details provided in this privacy notice 

Where you opt out of receiving these marketing messages, we may still process the personal data we hold about you for other purposes (for example, to arrange a rental or deal with a query) where we have a legal basis to do so. 

Change of purpose  

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.  

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. 

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. 

 

5. DISCLOSURES OF YOUR PERSONAL DATA 

Where you submit an enquiry to us through our website or otherwise, your query may initially be dealt with by us or our management agency on our behalf.  

Our current management agency is: Fresh Property Group Limited a company incorporated in England and Wales with company registration number 07268209 and registered office at 7-9 Swallow Street, London, W1B 4DE. 

We may also share your personal data with our letting agencies for the purpose of dealing with your enquiry. The current letting agencies engaged are: 

Liv Group Limited, a company incorporated in England and Wales with company registration number 06567555 and registered office at Whitehall Waterfront, 2 Riverside Way, Leeds, LS1 4EH; and  

City Living (Leeds) Limited, a company incorporated in England and Wales with company registration number 03420956 and registered office at 1 Dock Street, Leeds, West Yorkshire, LS10 1NB. 

We also share your personal data with the parties set out below for the purposes set out in the table above. 

External Third Parties as set out in the Glossary. 

Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice 

We require all third parties 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. 

We limit access to your personal data to those employees and third parties who have a business need to know it. This may for example, include letting agencies. We will only disclose the data to the relevant party where it needs to perform its obligations, or with your consent 

 

6. 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. 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. 

 

7. DATA RETENTION 

How long will you use my personal data for? 

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 to our relationship with you. 

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, regulatory, tax, accounting or other requirements. 

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

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.  

 

8. YOUR LEGAL RIGHTS 

Under certain circumstances, you have rights under data protection laws in relation to your personal data, such as rights to 

Request access to your personal data. 

Request correction of your personal data. 

Request erasure of your personal data. 

Object to processing of your personal data. 

Request restriction of processing your personal data. 

Request transfer of your personal data. 

Right to withdraw consent. 

Please see the Glossary below for further information on these rights. If you wish to exercise any of the rights set out above, please contact us using the details provided above. 

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 could 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 could 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. 

 

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

THIRD PARTIES 

External Third Parties 

Professional advisers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services. 

HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances. 

YOUR LEGAL RIGHTS 

You have the right to: 

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. 

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. 

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.  

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. 

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:  

If you want us to establish the data’s accuracy. 

Where our use of the data is unlawful but you do not want us to erase it. 

Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.  

You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.  

Request the transfer of your personal data to you or to a third partyWe will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.  

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.