TERMS & CONDITIONS

OUR WEBSITE TERMS OF USE

BALLYMORE DEVELOPMENT MANAGEMENT LTD (“BALLYMORE”)

These Terms of Use were last updated on 23 April 2018.

These Terms of Use (together with the documents referred to in them) tell you the terms on which you may make use of our website at www.londoncityisland.com(“website”). Please read these Terms of Use carefully before you start to use the website. We recommend that you print a copy for future reference. By using the website, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, we do not give you permission to use the website and must cease to do so.

  1. INFORMATION ABOUT US
    The website is operated by Ballymore Development Management Ltd (“us” or “we“). We are registered in England and Wales under registered company number 08874050. Our registered office address is Ballymore Development Management Ltd, 4th Floor 161 Marsh Wall, London, England And Wales, United Kingdom, E14 9SJ.
  1. OTHER TERMS THAT APPLY
    • 2.1 These Terms of Use refer to the following additional terms, which also apply to your use of the website:
      • 2.1.1 Our Privacy Policy which sets out the terms on which we process any personal data we hold about you.
      • 2.1.2 Our Cookie Policy  which sets out the terms on which we use cookies on the website.
  1. ACCESSING AND USING THE WEBSITE
    • 3.1 By accessing and using the website, you confirm that you are aged 16 or over. Access to the website is not intended for those under the age of 16. If you are under the age of 16, please do not register with or provide any personal information to the website. If you have already done so, please contact us.
    • 3.2 You are only permitted to access and use our website outside the UK if it is legal to do so in your location. If you choose to access the website from locations outside of the UK, you are responsible for compliance with local laws where they are applicable. We make no representation that the content of the website complies with any laws or standards applicable outside the UK.
    • 3.3 We shall use reasonable endeavours to make the website available on a continuous basis, except for when there is planned maintenance or unscheduled urgent maintenance. However, we do not warrant that the website will always be available or be uninterrupted and we reserve the right to suspend, discontinue, withdraw or amend the website or any content on it without notice to you. From time to time, we may restrict access to some parts of the website, or the entire website, to some or all users and, if the need arises, we may close the website indefinitely. Subject to paragraph 5.1 we shall not be liable to you if for any reason the website is unavailable at any time or for any period.
    • 3.4 You are responsible for making all arrangements and associated costs necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these terms, and that they comply with them.
  2. DISCLAIMERS
    • 4.1 Please note that all property sales remain subject to contract. This website and the information on it do not form part of any contract we or any associated company may have with you. While reasonable efforts have been made to ensure its accuracy, this cannot be guaranteed and as such no representation, warranty or guarantee (whether express or implied) is made in that regard.
    • 4.2 Any specifications, designs, floor plans, or measurements are as they were anticipated at the date they were uploaded to the website, but may be subject to change in accordance with variations permitted under any applicable contract. Dimensions shown in text or in plans are approximate only and may vary once construction has been completed (although we do not anticipate that there will be any greater reduction than 5% of the total size). Any information relating to prospective tenants represents the current intention and may not be reflective of the final tenants.
    • 4.3 The accuracy of any particulars, descriptions, references to conditions, necessary permissions for use and occupation are not guaranteed and should not be relied on as such. Any computer generated images (“CGI”), photos and artists impressions drawings are indicative only and should not be relied upon as actual representations. Any furniture shown in CGI and photos is not included in a sale.
    • 4.4 None of our employees or representatives has any authority to make or give any representation or warranty to enter into any contract in relation to any property. None of our agents or any person employed by them has any authority to make or give any (written or oral) guarantee, representation, or warranty in respect of any property or development (or part thereof).
    • 4.5 The purchase of property is a significant financial commitment. Any potential buyers should ensure that they can afford any property they purchase and that it is suitable for their requirements. The information contained on this website should not be considered a replacement for site visits, searches or surveys. You should obtain specialist, legal and/or professional advice before proceeding with the purchase of a property or taking, or refraining from, any action on the basis of the content on the website.
  3. LIMITATION OF OUR LIABILITY TO YOU
    • 5.1 Nothing in these Terms of Use shall limit or exclude our liability for:
      • 5.1.1 death or personal injury caused by negligence;
      • 5.1.2 fraud or fraudulent misrepresentation; or
      • 5.1.3 any other liability that cannot be excluded or limited under applicable law.
    • 5.2 Subject to paragraph 1, we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
      • 5.2.1 loss of income or revenue;
      • 5.2.2 loss of profits;
      • 5.2.3 loss of sales or contracts;
      • 5.2.4 loss of business or business opportunity;
      • 5.2.5 loss of or damage to goodwill;
      • 5.2.6 loss of or damage to your intellectual property rights;
      • 5.2.7 loss of or corruption to data;
      • 5.2.8 loss of anticipated savings;
      • 5.2.9 wasted management or office time; or
      • 5.2.10 any indirect, special or consequential loss,

      arising under or in connection with your use of or inability to use the website, or your use of or reliance on any content displayed on the website. Nothing in this paragraph 5.2 shall prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

  • 5.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the website or any content on it, whether express or implied.
  • 5.4 Where the website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and we expressly exclude liability for any loss or damage that may arise from your use of them. You use any third-party sites and resources at your own risk and you are responsible for assessing the suitability of any goods or services advertised by such third parties before signing up or placing an order for such goods or services.
  1. SUSPENSION AND TERMINATION OF USE
    • 6.1 We may suspend indefinitely or terminate your access to our website at any time without notice or liability to you if:
      • 6.1.1 we are required, or have reason to believe that we are required, to do so by any law or regulation; or
      • 6.1.2 you breach (or we have reason to believe you have breached) the spirit or the letter of these Terms of Use; or
      • 6.1.3 you are in breach of any other agreement that may exist between you and us (including without limitation in relation to any contract you may have with us) and we are entitled to terminate that agreement).
    • 6.2 Termination or suspension of your access to our website for whatever reason shall not affect the accrued rights of the parties arising in any way out of these Terms of Use as at the date of termination and in particular but without limitation the right to recover damages from the other.
  2. INTELLECTUAL PROPERTY
    • 7.1 You acknowledge and agree that we and/or our licensors own all intellectual property rights in the website and any related documentation. Except as expressly set out herein, nothing in these Terms of Use grant to you any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trade marks and design rights (in each case whether registered or unregistered), or any other rights (including intellectual property rights) or licences in respect of the website or any related documentation.
    • 7.2 The website and all content displayed on it are protected by copyright laws and treaties around the world. All such rights are reserved.
    • 7.3 You must not use any part of the materials on the website for commercial purposes without obtaining a licence to do so from us or the relevant licensors. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. The author (and that of any identified contributors) of material on the website must always be acknowledged.
    • 7.4 If you print off, copy or download any part of the website in breach of these Terms of Use, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  3. ACCEPTABLE USE
    • 8.1 You may use our website only for lawful purposes. You may not use our website:
      • 8.1.1 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      • 8.1.2 in any way that breaches any applicable local, national or international law or regulation;
      • 8.1.3 for the purpose of harming or attempting to harm minors in any way;
      • 8.1.4 to send, knowingly receive, upload, download, use or re-use any material which: (i) is offensive, defamatory, obscene, offensive, hateful, inflammatory, sexually explicit, violent or discriminatory on the basis of race, sex, religion, nationality, disability, sexual orientation or age; (ii) infringes any copyright, database right or trade mark of any other person; (iii) is in breach of any legal duty owed to a third party such as a duty of confidence; (iv) promotes an illegal activity; (v) invades another’s privacy; or (vi) could be used to impersonate any person or misrepresent your identity or affiliation with any person or body; or
      • 8.1.5 to access without authority, interfere with, damage, overburden or disrupt (i) any part of our website; (ii) any equipment or network on which our website is stored; (iii) any software used in the provision of our website or our goods and services; or (iv) any equipment or network or software owned or used by any third party.
  1. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
    We will process your personal data in compliance with all applicable legislation, our Privacy Policy and our Cookie Policy. By using the website, you consent to such processing. Please take the time to read the Privacy Policy and Cookie Policy as they include important terms which apply to you.
  1. VIRUSES, HACKING AND OTHER OFFENCES
    • 10.1 We do not guarantee that the website will be secure or free from bugs or viruses. You are responsible for configuring your technology and computer programmes in order to access the website. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any content on it, or on any website linked to it. You should use your own virus protection software.
    • 10.2 You must not misuse the website by knowingly introducing viruses, keystroke loggers, Trojan horses, worms, time-bombs, spyware, adware or any other malicious or harmful programs or computer code designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack. By breaching this clause you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.
  2. NOTICE AND TAKE DOWN POLICY
    • 11.1 If you wish to complain about any content which appears on the website, please contact us at datadepartment@ballymoregroup.com. Please precisely identify the content about which you are notifying us, including the page of the website on which it is posted. You should also provide us with full details of your complaint and, if you are alleging copyright infringement, evidence that you own the copyright.
    • 11.2 We will then review the material and decide whether it complies with the content standards set out in these Terms of Use. We will deal appropriately with any content which, in our opinion, violates these Terms of Use. We will endeavour to inform you of the outcome of our review within a reasonable time of receiving your complaint.
  3. COMMENTS & COMPLAINTS
    • 12.1 If you would like to contact us with any queries, comments, problems or complaints regarding the website, or in connection with these Terms of Use, please send an email to datadepartment@ballymoregroup.com or write to us at the address listed in paragraph 1.
    • 12.2 LINKING TO THE WEBSITE
    • 12.3 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    • 12.4 The website must not be framed on any other site, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the acceptable use terms at paragraph 8.
    • 12.5 If you wish to make any use of material on the website other than that set out above, please address your request to datadepartment@ballymoregroup.com.
  4. LAW AND JURISDICTION
    • 13.1 These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
    • 13.2 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
  5. VARIATIONS
    • 14.1 We may revise these Terms of Use at any time by amending this page. When we do so, we will also update the “last updated” date at the top of these Terms of Use. You are expected to check this page every time you wish to use our site to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the website.
    • 14.2 We may update and change the website from time to time, for example, to reflect changes to Ballymore branded or co-branded developments. We will try to give you reasonable notice of any significant changes.

Thank you for visiting the Ballymore website.

WEBSITE PRIVACY NOTICE

BALLYMORE DEVELOPMENT MANAGEMENT LTD (“BALLYMORE”)

Welcome to the Ballymore privacy notice. At Ballymore we are committed to ensuring that your privacy is protected. This privacy notice explains how we will collect your personal data and how we use your personal data when you visit our websites.

  1. WHO WE ARE
      • 1.1 Ballymore Development Management Ltd is the controller and responsible for your personal data (referred to as “Ballymore”, “we”, “us” or “our” in this privacy notice).
      • 1.2 Our full contact details are: Ballymore Development Management Ltd, 4th Floor 161 Marsh Wall, London, England And Wales, United Kingdom, E14 9SJ. Our registered company number is 08874050

     

    • 1.3 We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO at datadepartment@ballymoregroup.com or by writing to the address at 1.2 above marked for the attention of the Data Protection Officer, Data Department.
  2. IMPORTANT INFORMATION
    • 2.1 This privacy notice was last amended on 23 April 2018. It supersedes any earlier versions.
    • 2.2 It is important that you read this privacy notice together with any other privacy notice or fair processing notice 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 the other notices and is not intended to override them.
    • 2.3 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. You can ask us to rectify or update your personal information at any time by contacting us.
    • 2.4 This website is not intended for children and we do not knowingly collect data relating to children.
    • 2.5 This website may include links to third party websites, plug-ins or applications which may allow third parties to collect or share your personal data. We are not responsible for their use of your personal data and cannot control it. When you leave our website, we encourage you to read the privacy notice of every website you visit.
  3. THE DATA WE COLLECT ABOUT YOU
    • 3.1 Personal data, or personal information, means any information about an individual from which that person can be identified.
    • 3.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
      • 3.2.1 Identity Data including name, title, marital status, age/date of birth, gender, username or similar identifier.
      • 3.2.2 Contact Data including postal addresses, email addresses and telephone numbers.
      • 3.2.3 Financial Data including bank account, payment card details, information contained within bank statements and bills and other information provided for anti money laundering checks.
      • 3.2.4 Transaction Data including details about payments to and from you and other details of properties, goods or services you have purchased or rented from us or the Ballymore Group (defined at 6.1.1).
      • 3.2.5 Usage Data including information about how you use our websites, the full uniform resource locators, clickstream to, through and from our websites (including date and time), download errors, lengths of visit to certain pages, page interaction information and methods to browse away from our websites.
      • 3.2.6 Technical Data including internet protocol (IP) address, your login data, browser type and version, time zone setting, location data, device cookie and identification, browser plug-in types and versions, operating system and platform and other identifying information required for your device to communicate with our websites.
      • 3.2.7 Profile Data including your username and password, purchases, orders or requests made by you, your profession, age, gender, interests (e.g. in a particular development or area), preferences, feedback, and survey responses.
      • 3.2.8 Marketing and Communications Data including your preferences in receiving marketing from us and your communication preferences.
    • 3.3 We may also collect, use and share aggregated data such as statistical or demographic data for any purpose. This may be derived from your personal data but is not legally considered personal data as it does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing information about a specific Ballymore development. If we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this policy.
    • 3.4 We do not collect any special categories of personal data about you (i.e. details about your race, ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
    • 3.5 Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, if you send us money but do not provide the required proof of identification documentation for anti-money laundering purposes). In this case, we may not be able to provide you with what you have requested from us but we will notify you if this is the case at the time.

 

  1. HOW IS YOUR PERSONAL DATA COLLECTED?
    • 4.1 We use different methods to collect data from and about you including:
    • 4.2 From you directly. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
      • 4.2.1 buy, sell, rent, let, lease, licence or reserve a property;
      • 4.2.2 arrange a viewing for a property or showroom;
      • 4.2.3 request information about our properties, or related goods and services we may offer;
      • 4.2.4 create an account on one of our websites where available;
      • 4.2.5 subscribe to our any services or publications that we offer;
      • 4.2.6 contact us through social media;
      • 4.2.7 attend one of our exhibitions, open-days or launches;
      • 4.2.8 telephone, email or visit us in person;
      • 4.2.9 request marketing to be sent to you;
      • 4.2.10 enter a competition, promotion or survey; or
      • 4.2.11 provide feedback.
    • 4.3 From third parties or publicly available sources. We may receive personal data about you from the following third parties and public sources:
      • 4.3.1 Technical Data from the following parties: analytics providers based outside the EU such as Google Tag Manager, Google Analytics, Google Adwords, Facebook Pixel, Twitter, DoubleClick, Addthis, BlueKai, Turn Inc., DataXu, AdGear, Weborara, Semasio, Yahoo Analytics, Visual Website Optimiser; and third party software providers which we use on our websites, based outside of the EU including Salesforce, Google Tag Manager, Lotame, Crimtan, DataXu and Response Tap; as well as third party websites such as Zoopla and Rightmove based within the EU.
      • 4.3.2 Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Barclays Bank PLC based inside the EU.
      • 4.3.3 Identity and Contact Data from publicly availably sources such as the Land Registry, Companies House, and the Electoral Register based inside the EU.
    • 4.4 Automatically collected from or about you or your device. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
  2. HOW WE USE YOUR PERSONAL DATA
    • 5.1 In the table below we have summarised the ways that we plan to use your personal data and the purposes for which we will use it. If we need to process your personal data for a different purpose that is not compatible with the original purpose, then we will let you know.
    • 5.2 We may process your personal data for a different purpose than listed below and without your consent where it is necessary for us to comply with our legal obligations.
    • 5.3 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 the ground has been set out in the table below.
Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest

To contact you

Identity

Contact

Financial

Transaction

Marketing and Communications

Performance of a contract or potential contract with you Necessary for our legitimate interests (for running our business, , to keep our records updated and to study how customers use our websites/services or search for or enter property transactions)

To register you as a new customer

Identity

Contact

Performance of a contract or potential contract with you Necessary for our legitimate interest (of being able to keep records of our registered customers)

To facilitate the reservation, purchase, sale, renting, leasing, or licensing of a property.

Identity

Contact

Financial

Transaction

Marketing and Communications

Performance of a contract or potential contract with you Necessary for our legitimate interests

To verify your identity, verify your eligibility for certain housing, conduct credit reference checks, prevent or detect fraud or money laundering.

Identity

Contact

Financial

Transaction

Performance of a contract or potential contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (to prevent being defrauded)

To manage our relationship with you, including:

Asking you to leave a review or take a survey

Notifying you about changes to our terms or privacy policy

 

Identity

Contact

Profile

Marketing and Communications

Performance of a contract or potential contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated and to study how customers use our websites/services or search for or enter property transactions)

To provide customer support

Identity

Contact

Performance of a contract with you

To enable you to partake in a viewing, open house, launch or event,  prize draw, competition or complete a survey

Identity

Contact

Profile

Marketing and Communications

Performance of a contract or potential contract with you Necessary for our legitimate interests (to develop and grow our business)

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

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)

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 customers use our website/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our websites, products/services, marketing, customer relationships and experiences

TechnicalUsage

Necessary for our legitimate interests (to define types of customers based on their age, gender and interests for our products and services, to keep our websites updated and relevant, to develop our business and to inform our marketing strategy)

To ensure that content from our websites is presented in the most effective manner for you and your computer

Identity

Contact

Financial

Transaction

Necessary for our legitimate interests (to develop our products/services and grow our business and provision of administration and IT services)

To make suggestions, recommendations and provide information to you about goods or services that may be of interest to you

Identity

Contact

Technical

Usage

Profile

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

To permit selected third parties:

·to provide you with information about properties or services which we feel may interest you

·to assist us in the improvement and optimisation of advertising, marketing material and content, our services and the website

Identity

Contact

Technical

Usage

Consent (in relation to SMS and email marketing communications) Necessary for our legitimate interests (to develop our business)

To comply with requirements imposed by law or any court order

Identity

Contact

Technical

Usage

Necessary to comply with our legal obligations

 

    • 5.4 Marketing and promotional offers
    • 5.5 We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which properties, services and offers may be relevant for you (we call this marketing).
    • 5.6 You will receive marketing communications from us if you have requested information from us or purchased properties or services from us or if you provided us with your details when you registered for a promotion and, in each case, you have not opted out of receiving that marketing.

 

    • 5.7 You can ask us to stop sending you marketing messages at any time by:
      • 5.7.1 updating the “Your Preference” page which tracks which communications methods you would like to be contacted by;
      • 5.7.2 following the opt-out links on any marketing message sent to you; or
      • 5.7.3 contacting us at any time using the details at 1.3.
    • 5.8 If you do withdraw your consent, this will result in us ceasing to directly market goods and services to you, but we will still process your personal data in order to fulfil our contract with you and in accordance with our legal, accountancy and regulatory obligations.
    • 5.9 We will get your express opt-in consent before we share your personal data with any company outside the Ballymore Group for their own marketing purposes. You have the right to withdraw consent for us to pass your information to third parties for marketing purposes. If you no longer wish to be contacted by third parties for marketing purposes, please follow the instructions in their marketing communications, or consult their privacy policies about how to unsubscribe.
    • 5.10 Cookies and remarketing
    • 5.11 We automatically collect data about how you use our websites in order to help us improve future functionality. Additionally, we may pass your personal data to online advertising tools including Google Analytics, Google Adwords, Facebook Pixel, Lotame and Yahoo Analytics. We use tools such as these to carry out remarketing activities so that if you have already visited one of our websites, we can target advertisements at you by third party vendors. These third party vendors often use cookies to provide these advertisements based on your visits to our websites in the past.
    • 5.12 You can opt out of third party vendor’s use of cookies by visiting http://optout.networkadvertising.org/?c=1#!/. You can also set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.
  1. DISCLOSURES OF YOUR PERSONAL DATA
    • 6.1 We may to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
      • 6.1.1 Ballymore Group companies. Whilst we are the data controller, the “Ballymore” brand is licensed to a range of companies who sell, market and manage “Ballymore” branded and co-branded property developments (which we refer to as “Ballymore Group” companies). We share your personal data with such companies which are based in the United Kingdom, Ireland and Jersey.
      • 6.1.2 External Third Parties. We may also share your personal data with external third parties, such as:
      • 6.1.3 Joint venture partners of Ballymore branded or co-branded property developments, who may be based outside the EU.
      • 6.1.4 Estate agents acting as processors, such as Savills, Johns & Co, Foxtons, CBRE, Knight Frank, JLL based both within and outside the EU who provide property marketing services.
      • 6.1.5 Managing agents acting as processors for us or the Ballymore Group company that you have a contract with, who provide management services to Ballymore branded or co-branded properties.
      • 6.1.6 Property related businesses acting as processors for us or the Ballymore Group company that you have a contract with, such as property managers and furniture providers based such as Johns & Co and David Phillips based in the United Kingdom where the purchaser has consented.
      • 6.1.7 Professional advisers acting as processors for us or the Ballymore Group company that you have a contract with including lawyers, bankers, auditors and insurers based in the United Kingdom and Ireland who provide consultancy, banking, legal, insurance and accounting services.
      • 6.1.8 Service providers acting as processors for us or the Ballymore Group company that you have a contract with who provide database, IT and system administration services, such as Salesforce which is based in the USA.
      • 6.1.9 Utility companies who provide services to a property that you have purchased.
      • 6.1.10 Marketing, communications and survey providers/advisers acting as processors for us or the Ballymore Group company that you have a contract with, such as In-Housebased in the United Kingdom,
      • 6.1.11 HM Revenue & Customs, National Crime Agency, the National House-Building Council, local authorities, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
      • 6.1.12 Other third parties such as anti-money laundering agencies, which may be based outside of the EU.
      • 6.1.13 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.
    • 6.2 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.
  2. INTERNATIONAL TRANSFERS
    • 7.1 Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
      • 7.1.1 We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
      • 7.1.2 Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
      • 7.1.3 Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
    • 7.2 Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
  3. DATA SECURITY
    Once we have received your personal data we will use reasonable and necessary procedures and security features to try and prevent unauthorised access.  For example, we limit who can access your personal data to those individuals and third parties who need to know it and who are subject to a duty of confidentiality.  If we become aware of a data breach we will notify the Information Commissioner’s Office.  If we believe that the data breach is serious, we may notify you in accordance with our legal requirements.
  1. DATA RETENTION
    • 9.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
    • 9.2 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 requirements.
    • 9.3 Please contact us  if you would like a copy of our Data Retention Policy.
    • 9.4 In some circumstances we may 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. In some circumstances you can ask us to delete your data: see 10.1.3 below for further information.
  2. YOUR LEGAL RIGHTS
    • 10.1 Under data protection laws you have the right to protect and look after your personal data. You have the right to:
      • 10.1.1 ask us for the personal data that we hold and process about you (this is often referred to as a data subject access request). You have rights to the following information:
          • 10.1.1.1 the purpose(s) for which we are processing your information;
          • 10.1.1.2 the categories of personal information we hold about you
          • 10.1.1.3 the recipients or categories of recipient to whom the personal data have been or will be disclosed;
          • 10.1.1.4 the period for which we will store your information, or the criteria used to determine that period;
          • 10.1.1.5 prevent the use of your personal data for marketing purposes by using any of the steps at 5.7;
        • 10.1.2 ask that any inaccurate information we hold about you is corrected;
        • 10.1.3 ask that we delete the personal data we hold about you in certain situations;
        • 10.1.4 ask that we stop using your personal data for certain purposes;
        • 10.1.5 ask that we do not make decisions about you using completely automated means; and/or
        • 10.1.6 ask that personal data we hold about you is given to you, or where technically feasible a third party chosen by you, in a commonly used, machine-readable format.
      • 10.2 If you wish to exercise any of the rights set out above, please contact us. The rights listed above may apply in certain circumstances, and so we may not always be able to comply with your request to exercise these rights.
      • 10.3 We will usually respond to a request from you to exercise your rights within 1 month of receipt, but it might take longer if your request is particularly complex or if you have made a number of requests. Please be aware that we may need to process your personal data and/or request specific information from you to help us comply with your request.  You will not usually have to pay a fee to exercise these rights, but we reserve the right to if your request is clearly unfounded, repetitive or excessive, alternatively we may refuse to comply with your request.
    • COMPLAINTS AND FEEDBACK
      If you would like to speak to us about how we handle your personal data, please contact our Data Protection Officer in the first instance. You can also complain to the Information Commissioner’s Office who is the UK supervisory authority for data protection issues.

BALLYMORE DEVELOPMENT MANAGEMENT LTD

This cookie policy was last updated on 23 April 2018.

  1. ABOUT US AND THIS COOKIE POLICY
    This website (“site”) is owned and operated by Ballymore Development Management Ltd (“Ballymore”, “us” or “we”).
  2. WHAT ARE COOKIES?
    • 2.1 They are small text files that are sent by a website to a web browser and contain information that is transferred to your computer’s hard drive. This enables the website to identify and track the web browser. Cookies can, among other functions, enable a website to recognise a device each time it visits, remember user preferences and recommend content. Cookies in themselves usually identify the computer used rather than the individual user, but some cookies may contain personal information.
    • 2.2 We use cookies to distinguish you from other users of our site. This helps us to provide you with a more personalised user experience when browsing and allows us to improve our site. By continuing to browse and use our site, you are agreeing to our use of cookies.
    • 2.3 Different cookies do different things and some are essential to the operation of a website, whilst others are not. The different types of cookies are:
      • 2.3.1 Strictly necessary cookies. These are cookies that are required for the operation of our site.
      • 2.3.2 Functionality cookies. These are used to recognise you when you return to our site, enabling us to personalise our content for you and remember your preferences.
      • 2.3.3 Targeting cookies. These cookies record your visits to our site, the pages you have visited and the links you have followed. We will use this information to make our site more relevant to your interests. We may also share this information (in anonymised form) with third parties for this purpose.
      • 2.3.4 Analytical/performance cookies. These allow us to recognise and count the number of visitors to our site and to see how visitors move around when using our site. This helps us to improve how it works, for example, by ensuring that users are finding what they are looking for easily.
    • 2.4 To the extent that any personal information is collected through our use of cookies, our Privacy Policy will apply to our processing of that personal information.
  1. WHAT ARE THIRD PARTY COOKIES?
    Third parties, such as providers of external services like web traffic analysis services, also use cookies. There are certain individual pages and features on our website through which third parties have the ability to add additional cookies, known as ‘third-party cookies.’ These cookies are placed by the relevant third party and we have no control over these cookies other than allowing them to be served.
  2. CAN I REFUSE OR OPT OUT OF COOKIES?
    • 4.1 Most browsers automatically accept cookies, but you can usually change your browser settings to limit or prevent cookies. Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies as soon as you visit our site.
    • 4.2 If you set your browser to not accept cookies, please note it may result in certain sections or features of our site not working properly and certain personalised services not being provided to you or users of your computer.
    • 4.3 You can learn more about how to control cookies, including opting out of certain third party cookies at: https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options/. More information about cookies generally can be found at: http://www.allaboutcookies.org/.
  1. MAKING CHANGES TO THIS POLICY
    We may update this policy from time to time. Please check back here whenever you visit our site to see if any changes have been made. When we update this Cookie Policy, we will also update the “last updated” date at the top.
  1. CONTACT US
    Please do not hesitate to contact us regarding any matter relating to this privacy policy. Questions, comments and requests regarding this privacy policy can either be emailed to datadepartment@ballymore.com or sent by post to Data Protection Officer, Data Department, Ballymore Development Management Ltd, 4th Floor 161 Marsh Wall, London, England And Wales, United Kingdom, E14 9SJ.

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