Privacy and cookie policy

1 - Scope

This document refers to personal data, which is defined as information concerning any living person (a natural person who hereafter will be called the Data Subject) that is not already in the public domain.

The 2018 Data Protection Act and the General Data Protection Regulation (GDPR), along with the Privacy and Electronic Communications Regulations (PECR), seek to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data and protect against the unlawful processing of personal data.

Moda Living Ltd whose registered office is at Castlegarth Grange, Scott Lane, Wetherby LS22 6LH, based in the UK which hereafter for the purposes of this Privacy Notice will be referred to as Moda Living, is pleased to provide the following information:

2 - Who we are

Moda Living is a property development and letting company, focused on the UK private rental sector.

3 - Personal data

1. a) The business uses the information collected from you to provide quotations, make telephone contact and email you information concerning your enquiry. For those with tenancy agreements with Moda Living, additional information may need to be collected. Only that information necessary for Moda Living to fulfil its contractual obligations will be collected.

1. b) For marketing purposes, Moda Living may use the contact details provided by you to respond to your enquiries including making telephone contact and emailing information to you which we believe may be of interest to you.

1. c) In you making initial contact, including through website enquiries, you consent to Moda Living maintaining a marketing dialogue with you until you either opt-out (which you can do at any stage) or we decide to desist in promoting our services. At all times, the business will work hard to be fully GDPR compliant.

1. d) Some personal data may be collected about you from the forms and surveys you complete, from records of our correspondence, when you visit us, from phone calls and details of your visits to our website, including but is not limited to personally identifying information like Internet Protocol (IP) addresses.

1. e) Moda Living’s website uses cookies, which is a string of information that the website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. WordPress.org uses cookies to help the business to identify and track visitors and their website access preferences. Those website visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Moda Living’s website.

We also use cookies for technical purposes, this includes allowing the website to perform certain functions, and for performance purposes, in order to collect information on how you interact with the website which can then be used to improve the website’s functionality.

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

1. f) The business will only collect the information needed so that it can provide you with the services it provides; Moda Living does not sell or broker your data.

1. g) Moda Living Tenants are required to use the Moda Living App called MyModa for certain building activities, which is a contractual part of your tenancy agreement. More details concerning the privacy policy about MyModa is contained in a separate policy document titled Data Privacy MyModa, which will come up during the first time you use the MyModa App.

1. h) Telephone calls are recorded for training and security reasons; call data is retained no longer than six months unless it is required longer for legal reasons.

1. i) Further information exclusively pertaining to GDPR and employees can be obtained from your employment contract and the Company Handbook.

2 - Legal basis for processing any personal data

To meet our contractual obligations to tenants and legitimate interests when responding to enquiries concerning the services provided.

For potential and existing tenants Moda Living seeks your explicit consent to the sharing of your data with certain third parties, but only where special categories of personal data are involved such as medical information, which it may need to share to protect you or supply the services it is contracted to provide you. Moda Living will only share data where necessary to provide the services it is contracted to provide, to enforce our contractual rights and to protect tenants from harm as part of our duty of care. 

3 - Legitimate interests pursued by the business

To promote Moda Living’s property building and letting services. Communications may include direct mail, email, newsletters, telephone calls, social media and any other channels to reach those who may be interested in renting or using the facilities provided by the business.

4 – Your agreement

Through agreeing to this privacy notice you are agreeing to Moda Living processing your personal data for the purposes outlined. You can withdraw agreement at any time by using the postal or email address or telephone number provided at the end of this Privacy Notice.

5 - Disclosure

Moda Living will keep your personal information safe and secure, although our administration team will have access to your contact details so that they can manage your account.

Some of the services used to support the business such as marketing, website management, the MyModa App, legal and debt collection services are outsourced from third-party suppliers. Moda Living will always put in place with these third-party suppliers a processing agreement and will only share personal information with them where required to meet your requirements or to support our legitimate interests or contractual obligations.

In certain circumstances, the business may need to disclose your Personal Information to meet legal, regulatory or valid governmental requests.

Moda Living may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of its staff.

6 - Retention policy

Moda Living will process personal data for the duration of any business dealings and will continue to store only the personal data needed for up to eight years after any contract has expired to meet any legal obligations. After eight years all personal data will be deleted, unless basic information needs to be retained by us to meet our future obligations to you, such as erasure details.

For more details, a copy of Moda Living’s Document Retention Schedule is available on request.

7 - Data storage

Data is predominantly processed within the UK and through HubSpot in Ireland. Some data storage is held in Dropbox which is located in the US. Dropbox is a signature to the EU-US Privacy Shield.

8 - Your rights as a data subject

At any point whilst Moda Living is in possession of, or processing your personal data, all data subjects have the following rights:

  • Right of access – you have the right to request a copy of the information that we hold about you.
  • Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
  • Right to be forgotten – in certain circumstances, you can ask for the data we hold about you to be erased from our records.
  • Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.
  • Right of portability – you have the right to have the data we hold about you transferred to another organisation.
  • Right to object – you have the right to object to certain types of processing such as direct marketing.
  • Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.

In the event that Moda Living refuses your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge.

At your request, Moda Living can confirm what information it holds about you and how it is processed.

9 - You can request the following information:

  • Identity and the contact details of the person or organisation that has determined how and why to process your data.
  • Contact details of the data protection officer, where applicable.
  • The purpose of the processing as well as the legal basis for processing.
  • If the processing is based on the legitimate interests of Moda Living and information about these interests.
  • The categories of personal data collected, stored and processed.
  • Recipient(s) or categories of recipients that the data is/will be disclosed to.
  • How long the data will be stored.
  • Details of your rights to correct, restrict, object to processing and rights to erasure.
  • Information about your right to withdraw consent at any time.
  • How to lodge a complaint with the supervisory authority (ICO).
  • Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
  • The source of personal data if it wasn’t collected directly from you.
  • Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

10 - To access what personal data is held, identification will be required

Moda Living will accept the following forms of ID when information on your personal data is requested: a copy of your driving licence, passport, birth certificate and a utility bill not older than three months.

A minimum of one piece of photographic ID listed above and a supporting document is required. If Moda Living is dissatisfied with the quality, further information may be sought before personal data can be released.

All requests should be made to info@modaliving.com or by phoning 01423 560200 or writing to us at the address below:

11 - Complaints

In the event that you wish to make a complaint about how your personal data is being processed by Moda Living, you have the right to complain to us. If you do not get a response within 30 days you can complain to the ICO.

The details for each of these contacts are:

Attention: Weronika Lis
Moda Living Ltd
Strayside House, West Park, Harrogate HG1 1BJ

Telephone: 01423 560200
Email: info@modaliving.com

ICO

Wycliffe House, Water Lane, Wilmslow, SK9 5AF

Telephone: 0303 123 1113 or email: https://ico.org.uk/global/contact-us/email/