1.1. Personal information definitions

Personal information is any information that tells us something about you. This could include information such as name, contact details, date of birth, bank account details or any information about your needs or circumstances which would allow us to identify you.

Some personal information is classified as “special” information under information protection legislation. This includes information relating to race, ethnic origin, political opinions, religion, philosophical beliefs, trade union membership, genetic data when used to uniquely identify the individual, biometric data when used to uniquely identify the individual, health data, data concerning a natural person’s sex life, sexual orientation. This information is more sensitive and we need to have further justifications for collecting, storing and using this type of personal information. There are also additional restrictions on the circumstances in which we are permitted to collect and use criminal conviction information.

Any references to personal information in this Privacy Policy will include personal information, and where relevant, special categories of personal information.

1.2. Personal information we collect and why we collect it

We will collect your full name and contact details (such as phone number, email address and postal address) from you whenever you engage with us.

In addition, if we are providing a service to you, or on your behalf, where we are required to do so by law, we will collect information relating to your identity, which will be at least one form of photographic identification (such as a passport, a driving licence or an identification card) and one form of documentation with proof of your place of residence (such as a recent utility bill).

Depending on the service that we provide to you (or on your behalf) we may also collect additional personal information, as detailed below.

Buy, Sell, Let, Rent

If you are buying, selling or letting a property through us:

• We will collect a contact telephone number and/or an email address to get in touch with you about organising viewings and updating you on any offers received or rental applications for your property.
• Where you have enquired about buying a specific property, we will use your contact details to respond which may include us sending you alternative properties to help with your search.
• Where you are not the legal owner of the property, we will request details from you as to your ability to sell or let the property such as a Power of Attorney or Grant of Probate.
• Where you engage with Eoin O’Neill Property Advisers, we may collect information required to identify you to meet anti-money laundering and counter-terrorist financing requirements. If we are dealing with an entity such as a company, trust or charity, we may need to obtain personal information from the beneficiaries of the entity and those in a position of control. This will include but is not limited to, identity and address documents. We may also need to collect information on other individuals who have an interest in the property who are not considered to be our customers.
• We will collect your bank account details to arrange onward payment of rent due to you.
• Where we are working alongside third parties such as solicitors, developers, joint or multi-agents, we may need to share these documents on the basis of legitimate interests.
• If you wish to purchase a property we are listing for sale where you have specifically provided us with these, we will collect personal information relating to any specific access requirements you may have in relation to a property so that we can find a property that is suitable for your needs. We will also collect personal information required to source a property for you and, where required, negotiate the purchase of a property on your behalf.

If you wish to rent a property we are listing, we will collect:

• Your name, contact details and property interests, to facilitate property viewings for you.
• Where you have enquired about renting a specific property, we will use your contact details to respond which may include us sending you alternative properties to help with your search.
• Your proof of ID and proof of current address for the creation of lease and tenancy details.
• Your PPSN for registration with the Residential Tenancies Board.
• Your proof of funds, to confirm your financial ability to perform this monthly transaction.
• Your previous landlord reference and current work reference in order to protect the Landlord’s own financial or property interests.
• Your bank, building society or similar account details to allow us to manage an approved tenancy deposit account for you and to set up your rental payments.

Property Management

• Where we engage with you to manage a property on your behalf we will ask for additional emergency contact information in case we need to get in touch with you outside of working hours or in the event there is a matter requiring your urgent attention.
• Where you engage us for portfolio management services, we will share your personal information with third-party lenders as is necessary to allow us to fulfil our obligations to you and to properly manage and advise you on your property investments.
• Where you are a tenant in a building managed by Eoin O’Neill Property Advisers, we may need to share your personal information with the property owner, but will only do so where we have considered your own rights first.

1.3. Minors

Eoin O’Neill Property Advisers does not collect the personal data of children under 18 without the express consent of a parent or guardian.

Some personal information is classified as “special” information under information protection legislation. This includes information relating to race, ethnic origin, political opinions, religion, philosophical beliefs, trade union membership, genetic data when used to uniquely identify the individual, biometric data when used to uniquely identify the individual, health data, data concerning a natural person’s sex life, sexual orientation. This information is more sensitive and we need to have further justifications for collecting, storing and using this type of personal information. There are also additional restrictions on the circumstances in which we are permitted to collect and use criminal conviction information.

Any references to personal information in this Privacy Policy will include personal information, and where relevant, special categories of personal information

2.1. Our legal basis for processing

Under applicable data protection legislation, we are only permitted to use your personal information if we have a lawful basis for doing so. We rely on the following lawful basis to use your information:

• For employment-related purposes.
• Where we need the information to perform the contract we have entered into with you.
• Where we need to comply with a legal obligation.
• Where the processing is necessary for us to carry out activities for which it is in Eoin O’Neill Property Advisers legitimate interests (or those of a third party) to do so and provided that your interests and fundamental rights do not override those interests, including:
  • Processing that is necessary for us to promote our business, brands and products and measure the reach and effectiveness of our campaigns. This will include sending you marketing information from time to time after you have engaged us to provide services or received services from us either which may be similar and of interest to you or where you have expressly indicated that you would like to receive such information. You have the right to opt-out of receiving this information at any time.
  • Processing that is necessary to improve our knowledge of the real estate sector. This will include undertaking market analysis and research so that we better understand trends in the property sector and provide better knowledge along with more tailored and relevant services for our customers in the future.
  • Processing necessary for us to operate the administrative and technical aspects of our business efficiently and effectively. This will include: verifying the accuracy of the information that we hold about you and create a better understanding of you as a customer; processing for administrative efficiency purposes such as where we outsource certain administrative functions to third parties who specialise in such services; processing for network and information security purposes i.e. in order for us to take steps to protect your information against loss, damage, theft or unauthorised access or to comply with a request from you in connection with the exercise of any of your rights outlined below.

In more limited circumstances we may also rely on the following lawful basis:

• Where we need to protect your interests (or someone else’s interests); and/or
• Where it is needed in the public interest or for official purposes.

We may process special categories of personal information and criminal conviction information in the following limited circumstances:

• With your explicit consent, in which case we will explain the purpose for which the information will be used at the point where we ask for your consent.

2.2. Our use of your personal information

Specific information on how your personal information will be used for the particular services you have requested from us is provided below.

Buy, Sell, Let, Rent

• We use your personal information for the purposes of fulfilling our obligations to you to let or sell your property or, if you are a buyer or tenant, for the purposes of arranging viewings, obtaining feedback, and arranging a contract for sale or a lease for you.
• We will use your personal information to conduct due diligence in accordance with other legal or regulatory obligations.
• We will share your personal information with your appointed solicitors and the solicitors and agents acting for the other side of the deal as is necessary to facilitate the sale or purchase. We may also share your personal information with joint or multi agents or developers and their appointed contractors, as the case may be.
• We will share your personal information with third-party referencing agencies for the purposes of the prevention and detection of crime, fraud and/or money laundering and checking your suitability to rent that property. In such circumstances, the third party referencing agency may act as a data controller for your information.

Property Management

• Where we are managing property on your behalf we may need to pass your personal information from time to time on to third party contractors whom we have engaged to carry out maintenance on your properties (i.e. contact details to organise access for maintenance checks).

Other uses of your personal information

• We will share personal information with our regulators, governmental or quasi-governmental organisations, law enforcement authorities and with courts, tribunals and arbitrators as may be required from time to time in order to comply with our regulatory and legal obligations.
• Where we use third-party services providers who process personal information on our behalf in order to provide services to us. This includes IT systems providers and IT contractors as well as third party referencing or screening agencies for the purposes of the prevention and detection of crime.

We will hold your personal information on our client management systems and use this to provide you with marketing information about similar services offered by Eoin O’Neill Property Advisers to those which you have engaged us to provide which we feel you might find useful from time to time. You have the opportunity to opt-out of receiving this information at any time.

2.3. What happens if you do not provide the information that we request?

We need some of your personal information to perform the services you have requested from us. For example:

• Where we are selling a property on your behalf we need to know your contact information so that we can update you with information on viewings, offers and the progress of the sale; and
• Where you have asked us to find you a property which meets certain access requirements, we may need to know some further details about your particular circumstances so that we can find you a suitable property.

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.

2.4. How long we keep your personal information

The period for which we will keep your personal information will depend on the type of service you have requested from us. The retention period may be longer than the period for which we are providing services to you where we have statutory or regulatory obligations to retain personal information for a longer period, or where we may need to retain the information in case of a legal claim.

3.1. Your rights in relation to your personal information

You have a number of rights in relation to your personal information, these include:

• the right to be informed: know how we use your personal information;
• the right of access: obtain access to personal information that we hold of you;
• the right to rectification: request that your personal information is corrected if you believe it is incorrect, incomplete or inaccurate;
• the right to erasure (also known as the right to be forgotten): request that we erase your personal information in the following circumstances:
• if Eoin O’Neill Property Advisers is continuing to process personal information beyond the period when it is necessary to do so for the purpose for which it was originally collected.
• if Eoin O’Neill Property Advisers is relying on consent as the lawful basis for processing and you withdraw consent.
• if Eoin O’Neill Property Advisers is relying on legitimate interests as the lawful basis for processing and you can object to this processing and there is no overriding compelling ground which enables us to continue with the processing.
• if the personal information has been processed unlawfully (i.e. in breach of the requirements of the information protection legislation).
• if it is necessary to delete the personal information to comply with a legal obligation.
• the right to restrict processing: Ask us to restrict our information processing activities where you consider that:
  • your personal information is inaccurate.
  • our processing of your personal information is unlawful.
  • where we no longer need the personal information, but you require us to keep it to enable you to establish, exercise or defend a legal claim.
  • where you have raised an objection to our use of your personal information.
  • the right to data portability: request a copy of certain personal information that you have provided to us in a commonly used electronic format. This right relates to personal information that you have provided to us that we need in order to perform our agreement with you and the personal information where we are relying on consent to process your personal information.
  • the right to object: object to our processing of your personal information where we are relying on legitimate interests or exercise of a public interest task to make the processing lawful. If you raise an objection, we will carry out an assessment to determine whether we have an overriding legitimate ground which entitles us to continue to process your personal information.
  • rights in relation to automated decision making and profiling: right not be subject to wholly automated decisions which produce legal effects, or which could have a similarly significant effect on you.

If you would like to exercise any of your rights, you can do so at any time, by contacting us at info@eoneill.ie.

Please note that we will keep a record of the fact that you have made a request to exercise your rights, and our response to your request, in order to demonstrate compliance with our data protection obligations and so that we can handle any queries, complaints or claims in relation to your request. This record will be kept in accordance with our retention policies at section 2.4. above.

If you have any questions, comments or requests regarding any aspect of this Privacy Policy, please do not hesitate to contact us by sending an email to info@eoneill.ie or writing to the Data Protection Officer, Eoin O’Neill Property Advisers, 41 Donnybrook Road, Donnybrook, Dublin 4, D04 T8X2.

If you have any concerns about the way we use your personal information please contact the Data Protection Officer at info@eoneill.ie who will try to resolve the issue. If we cannot resolve any issue within the legal timeframe, you have the right to complain to the Data Protection Commissioner.

5.1. Security of personal information

The security of information is very important to us and we have measures in place which are designed to prevent unauthorised access to your personal information including but not limited to:

• Our client files are stored on our secure client management systems. Access is restricted on our client systems to those within the business who are required to have access to your information for legitimate business purposes.
• Hard copy documentation is stored in secure offices, locked cabinets and/or off-site at our approved suppliers for long term storage.

All data is hosted in datacentres which have systems and protections in place to protect against both unauthorised access and other external factors that could cause damage to your personal information. There are strict access requirements in place and access is restricted to those absolutely necessary.

We ensure access to personal information is restricted to Eoin O’Neill Property Advisers employees and workers or other persons working within Eoin O’Neill Property Advisers on a need to know basis. Training is provided to any of those Eoin O’Neill Property Advisers employees and workers who need access to personal information.

5.2. Overseas transfers of your personal information

We may transfer, store, or process your personal information in locations outside the Republic of Ireland and the European Economic Area (EEA). Where the countries to which your personal information is transferred do not offer an equivalent level of protection for personal information to the laws of Ireland, we will ensure that appropriate safeguards are put in place.

We’ll use one of these safeguards:

• Transfer it to a non-EEA country that has received an adequacy decision from the European Commission. This means that country has privacy laws that give the same protection as within the EEA.
• Put in place the EU Commission’s standard contractual clauses with the recipient. This means that they must protect it to the same standards as organisations within the EEA.
• Transfer it to organisations that have implemented binding corporate rules, which have been approved by an EU supervisory authority.

6.1. What is a cookie?

A cookie is a small text file that is downloaded onto your computer when you visit certain websites and allows a website to recognise a user’s computer. Cookies are used to help users navigate websites more efficiently and to perform certain functions, as well as to provide information to the owners of the website.

6.2. What cookies do Eoin O’Neill Property Advisers use?

When browsing our website, cookies that are strictly necessary for the performance and function of the website are automatically utilised. We will only utilise non-essential cookies if you have provided us with consent to do so by selecting ‘Allow all cookies’ in the cookies banner.

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 and that we do not accept any responsibility or liability for those policies. Please check those policies before you submit any data to those websites.

As Property Service Providers, Eoin O’Neill Property Advisers are legally obliged under the Government of Ireland’s “Return to Work Safely Protocol”  to gather and retain the following personal details for all customers they have physical interactions with:

• Name
• Phone number

In addition to the delivery of our service to you, Eoin O’Neill Property Advisers will process and share this information, only when required, to meet our contact tracing obligations.  This means that on request from the relevant authorities, such as the Health Service Executive, we will provide your contact details as listed above.

We may update this Privacy & Cookies Policy from time to time in response to changing legal, technical or business developments. Please refer to our website (www.eoneill.ie) for the most up to date version of this document.

Any intending purchaser(s) shall accept that no statement, description or measurement contained in any newspaper, brochure, magazine, advertisement, handout, website or any other document or publication, published by the vendor or by Eoin O Neill Property Advisers, as the vendor’s agent, in respect of the premises shall constitute a representation inducing the purchaser(s) to enter into any contract for sale, or any warranty forming part of any such contract for sale. Any such statement, description or measurement, whether in writing or in oral form, given by the vendor, or by Eoin O Neill Property Advisers as the vendor’s agent, are for illustration purposes only and are not to be taken as matters of fact and do not form part of any contract. Any intending purchaser(s) shall satisfy themselves by inspection, survey or otherwise as to the correctness of same. No omission, misstatement, misdescription, incorrect measurement or error of any description, whether given orally or in any written form by the vendor or by Eoin O Neill Property Advisers  as the vendor’s agent, shall give rise to any claim for compensation against the vendor or against Eoin O Neill Property Advisers, nor any right whatsoever of rescission or otherwise of the proposed contract for sale. Any intending purchaser(s) are deemed to fully satisfy themselves in relation to all such matters.