Privacy Policy

MODA - COMBINED UK GDPR PRIVACY POLICY

1 - Scope

This Privacy Policy is split into three sections: 
Section 1 - covers all Data Subjects including enquiries, residents and employees 
Section 2 - applies only to Residents 
Section 3 - applies only to Residents using the MyModa App 
A Privacy Policy Addendum is available for employees, please ask your manager.

Section 1 - applicable to All Data Subjects

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 UK General Data Protection Regulation (UK 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.

This Privacy Policy is for Moda Living Ltd, Moda Life Management Ltd and for other the trading names, which are all listed below:

Moda Life Management Ltd - ICO registration ZA817563 
Moda Living Ltd - ICO registration ZA817519 
Angel Gardens Opco Limited, Angel Gardens, Manchester - ICO registration ZA600499 
Broad Street Opco Limited, The Mercian, Birmingham - ICO registration ZB284248 
Soyo Opco Limited – New York Square, Leeds - ICO registration ZB332956 
Springside Opco Limited – The McEwan, Edinburgh - ICO registration ZA831163 
Tower One Opco Limited – The Lexington, Liverpool - ICO registration ZA831156

For the purposes of data protection and this Privacy Policy all entities will be referred to as Moda. In the event of any differences in data processing the relevant company name will be used in full.

Moda is pleased to provide the following information:

2 - Who we are

Moda is a developer and operator of homes for rent in the UK.

3 - Personal data

a) The business uses the information collected from you to provide quotations, make telephone contact and to email you information concerning your enquiry.

For those with tenancy agreements with Moda, additional information may need to be collected. Only that information necessary for Moda to fulfil its contractual obligations will be collected.

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

c) When you make initial contact, including through website enquiries, you consent to Moda 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 UK GDPR compliant.

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 not limited to personally identifiable information like Internet Protocol (IP) addresses.

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

f) Moda Residents are required to use the Moda App called MyModa for certain building activities, which is a contractual part of your tenancy agreement. More details concerning the Privacy Policy about MyModa are contained in a separate policy document titled Data Privacy Extra MyModa, which will appear during the first time you use the MyModa App.

g) Telephone calls may be recorded for training and security reasons and this will be announced at the start of the call. Where recorded, call data is retained no longer than six months unless it is required longer for legal reasons.

h) Further information exclusively pertaining to data protection and employees is covered in their employment contract and the Company Handbook.

4 - Legal basis for processing any personal data

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

For potential and existing residents Moda 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 in certain circumstances medical information, which it may need to share to protect you or supply the services it is contracted to provide you. Moda will only share data where necessary to provide the services it is contracted to provide, to enforce our contractual rights and to protect residents from harm as part of our duty of care.

5 - Legitimate interests pursued by the business

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

6 - Your agreement

Through agreeing to this Privacy Policy, you are agreeing to Moda 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 Policy.

7 - Disclosure

Moda 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 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 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.

8 - Retention policy

Moda 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 and/or liabilities. For more details a copy of Moda’s Document Retention Schedule is available on request.

9 - Data storage

Data is predominantly processed within the UK and through HubSpot a US based supplier. For your protection HubSpot and Moda have signed Standard Contractual Clauses to allow overseas data transfers. Certain personal data is also held within Microsoft SharePoint for Business.

10 - Your rights as a data subject

At any point whilst Moda is in possession of or processing your personal data, all data subjects have the following rights: 
• Right to information - you can ask for information about what data is being processed and the rationale for such processing. 
• 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 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 can confirm what information it holds about you and how it is processed.

11 - 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 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.

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

Moda 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 is dissatisfied with the quality, further information may be sought before personal data can be released.

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

13 - Complaints

In the event that you wish to make a complaint about how your personal data is being processed by Moda 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:
Moda Life Management and Moda Living 
Attention: The Data Protection Administrator 
Central House, Beckwith Knowle, Otley Road, HG3 1UG 
Telephone: 01423 560200 or email: dpo@modaliving.com

ICO 
Wycliffe House, Water Lane, Wilmslow, SK9 5AF 
Telephone: 0303 123 1113 or email: https://ico.org.uk/global/contact-us/email/

Section 2 - this applies only to Residents

Resident Addendum Privacy Policy

14 - Lawful basis for processing your personal data

Where possible your personal data will be processed using contractual as the applicable lawful basis for processing. In certain circumstances such as providing useful information like the newsletter, we will be relying on legitimate interests. For medical and other categories of special data Moda will seek your explicit consent. For expediency, Moda seeks your explicit consent to the sharing of your data with certain third parties as this could involve some medical information, which it may need to share to protect you or supply the services it is contracted to provide you. Moda will only share data where necessary to provide the services it is contracted to provide, to enforce our contractual rights and to protect you the tenant.

15 - Consent

By signing your tenancy agreement, you explicitly consent to Moda sharing your details where required with any relevant landlord’s agent or consultant and retain any of the personal information you provide including special categories of personal data for the purpose of administering your tenancy agreement, to protect you and to support the delivery of services in relation to the lease, including the MyModa app.

16 - MyModa

The MyModa app allows residents access to certain facilities and services during the course of their tenancy agreement.

Some of these features such as access to the building and managing certain service providers are a mandatory part of this lease agreement, which require the use of a smartphone running either iOS or an Android device to run the MyModa app. It is also possible to access certain services (but not all) from a web browser.

17 - Moda and external service partners

As a matter of policy, you should not be contacted by Moda or by any other service partner to market any products or services that do not relate to your tenancy agreement and/or the options available from the MyModa app.

18 - Moda promotional material

When you are contacted to introduce a newsletter, survey, service provider or other promotional material relating to your tenancy, you will be given the opportunity to opt out of these if you so wish, and the same opportunity to unsubscribe from any subsequent communications.

19 - Service emails

Certain information appertaining to the contractual aspects of your tenancy agreement and building management will continue to be sent to you even if you have unsubscribed out of receiving promotional information.

20 - Mandatory information

Some services provided through the MyModa app, such as access to your apartment, are a compulsory part of this lease agreement. However, you can also opt out of notifications about promotions and events offered by Moda's third-party service partners.

21 - Our use of your personal information

Moda will need to use your personal data to provide the services Moda is contracted to provide you, as detailed within this tenancy agreement. A copy of the personal information that is processed and further details of your rights can be accessed via Section 1 of this privacy notice.  If you have any questions, please contact Moda's data protection officer, using the contact details also at the end of Section 1.

Section 3 - this applies only to Residents using the MyModa App

Resident Addendum MyModa App Privacy Policy

22 - About the MyModa app

To help you understand the privacy issues relating to the MyModa app we have produced this guide, which we would ask you to spend a few minutes to read. 
MyModa is an app, designed and administrated by Spike Global Limited.  The app allows residents access to certain information, facilities and services during the course of their tenancy agreement.

23 - Data security

For your security all service providers using the app have signed a MyModa data processing agreement. This is a legally binding document to protect your personal data. In addition, other contractual arrangements are also in place to protect your personal data. Please see ‘Data Privacy MyModa’ which is also available when you download the app or sign up to the MyModa resident portal.

24 - MyModa features

Certain features such as access to the building are mandatory, which require the use of a smartphone running either iOS or an Android device to run the MyModa App.

The core features provided by MyModa are required by residents to gain building access and enjoy the benefits of their residency.

25 - MyModa and Canopy

When you apply for a tenancy agreement, you will initially be directed to apply through Canopy, a credit reference service that operates independently of Moda Living. Canopy operates its own website and app and this should not be confused with MyModa. Canopy will only share your credit scoring and other details appertaining to your application for a tenancy agreement with Moda Living and Moda Life Management Limited when you have given your consent. 
The provider’s details are: Canopy, which is the trading name of InsureStreet Limited. First Floor, Buckhurst House, 42/44Buckhurst Avenue, Sevenoaks, Kent, England, TN13 1LZ 
https://www.canopy.rent/legal

26 - MyModa App access

Subject to your agreement and appropriate scoring and other checks, Moda Living will make a tenancy offer to you. Once finalised Moda will make available its MyModa App.

27 - MyModa mandatory features

The App provides certain core mandatory facilities for all residents.

27.1 Door access - the door entry part of the app is provided by a third-party supplier called SALTO Systems which also owns Clay. Salto Systems and Clay allow entrance to the front door and your apartment. Salto also accesses the building cameras so that you can see who is at your apartment door before opening it. 
The supplier details are: SALTO Systems UK, South, Unit 1 The Court, Holywell Business Park, Northfield Road, Southam, Warwickshire - CV 47 OFG and Head Office Spain. 
The provider’s Privacy Policy is available here: https://www.saltosystems.com/en/legal/privacy-policy/

27.2 MyModa maintenance support - this allows residents to be notified of essential maintenance in the building.  Residents can also book property repairs with the onsite Moda team. Where details need to be shared with external contractors, the amount of personal information given to them will be the minimum necessary to complete the required work.  Any third-party suppliers are signatures to a legally binding processing agreement.

27.3 Energy bills – Amber, via Community Utilities, provides a paperless bill management service for handling all your water, gas and electricity payments. 
The supplier details are: Amber, One Central Square, Cardiff, CF10 1FS 
The provider’s Privacy Policy is available here: 
https://www.amberenergy.net/privacy

27.4 Bringme - offers a parcel service for residents and couriers. By signing up to Bringme Box when you move in you can benefit from 24-hour access to a secure parcel locker designed to suit all parcel sizes.  Automatic delivery of parcels and correspondence, which will be left in your locker in reception. Bringme can provide an electronic signature and eliminates the need for you to wait for delivery people.

Bringme operates its own website and app and this should not be confused with MyModa. 
The provider’s details are: Bringme, 6 - 8 Bonhill Street, London EC2A and the Netherlands 
https://help.bringme.com/hc/en-us/articles/360004883893-Privacy-Policy

27.5 Hero - provides smart, multi-channel, and integrated health engagement experiences. Additional facilities offered such as health checks are optional opt-in items. Personal health data is not shared with Moda.

27.6 Utopi - provides an ongoing analysis of energy data and the usage of your apartment, as well as in the amenity spaces including the dining room, gym and building. All data is retained in an anonymised encrypted format and personal identifiable data is not collected. The data is used for best practice management and the data specifically about your apartment is provided to each resident individually via the MyModa app so that they can see the energy usage of their apartment and other useful information.

If you have any data protection questions concerning the MyModa app please contact Moda by using the contact details at the end of Section 1.

Employees
28 - Separate Privacy Policy Addendum just for employees
 
A separate Privacy Policy Addendum is provided just for employees, please ask your line Manager for a copy.