Privacy policy
Privacy Policy OWNER Platform
In this Privacy Policy of OWNER (“OWNER”), you will find information about how we process your personal data when you use the OWNER platform (the “Platform”), including visiting our website, registering and using an account including profile information in the account, searching for properties, using the back office functionalities, communicating with other users and purchasing products in our webshop, as well as when you have contact with us in the context of our business activities, e.g. as a service provider, supplier or other type of contact person.
What is the OWNER platform?
The Platform is an online platform on which owners, lessors and real estate agents or managers (whether a natural person or an entity) (“Clients”) can post real estate units (“Units”) for rent, (if this is an offered option) for sale, or for management and use back office functionalities, amongst others for their rental administration including collecting payments from their lessees (“Lessees”) using the services of a third party payment service provider (the “Payment Provider”). We do not ourselves offer any Units on our Platform.
The Platform is also an online platform on which Users can search for Properties, sign up for Properties, communicate with Clients and arrange for payments to the relevant Clients.
Users can order OWNER products in our webshop. Please find the terms and conditions for purchase of products in our webshop. Clients cannot offer products for sale on the Platform.
What roles does OWNER have when processing the personal data?
We process personal data of contact persons and most personal data of Users, including those of Clients and contact persons at Clients, for our own purposes, as explained below. For these personal data, we are responsible as controller as referred to in the General Data Protection Regulation (“GDPR”) and this Privacy Policy applies. The term ‘processing’ refers to any use of personal data, such as collecting, storing, viewing, forwarding, transferring, deleting.
We are not a controller, but a processor with respect to the personal data of Users that our Clients process in their accounts. The Clients process those personal data for their own purposes, e.g. communicating with other Users including Lessees, assessing Users to verify their eligibility for a property, concluding and performing agreements with Lessees, collecting payments from Lessees and keeping an administration. With respect to this data processing the Clients are responsible for complying with the privacy legislation, including informing the Users about the data processing.
What does OWNER use the personal data for?
Below, we explain for what purposes OWNER process your personal data.
Signing up for an account
When you sign up for an account on our Platform, you will generate account access information, e.g. an email address and a pass word or use a social media or email log in. This information is needed to allow you to create an account, to secure the access to your account and our Platform, to distinguish between Users, to send an email confirmation of the account registration, for internal analyses. If you use a social media or email log in we will receive the log in information from the relevant social media services to allow you to log in.
Completing your profile and using the Platform
After you have registered an account, you can fill out profile information and use the Platform, including to communicate with other Users and with us. You should only use other User’s personal data for the purpose and in the context of your and their use of the Platform, unless the relevant User agrees to using it outside such purposes or context.
Users searching for property
If you are a User searching for a property, you may fill out profile information such as your name, date of birth, place of birth, address, contact details, information with respect to your earnings, marital status, family composition, search criteria.
Your name allows us and other Users including Clients to identify you and the other information you fill out allows Clients whom you have contacted about a property to assess your eligibility for the property and to contact you about it, including to contact you about the negotiations, conclusion and performance of an agreement you conclude with the Client.
The information also allows us to offer the Platform’s services to you, to send you notifications about suitable properties, to contact you, answer questions you may have and we may use it to enforce the terms of the agreement with you, for internal analyses, as the case may be, in case of a dispute with you in order to have evidence in relation to such dispute.
For the purpose of performing the agreement you have with a Client, including paying rent and identifying yourself towards the Client, you may fill out and upload your payment details, a copy of your ID, and, if legally required a social security number. If you upload a copy of your ID, please make sure you black out or remove information that is not legally necessary for the Client to have and you may write on the copy that it is intended for the Client only.
If you purchase a property, you may also add information to your profile to share with the Client who sells you the property.
Clients and contact persons at Clients
If you are a Client or work at a Client, you may fill out information in your account, such as your name and contact details. This information allows us and other Users to identify you and contact you.
You may also fill out other information in your account, or information may be created in your account when you use your account. When you add properties to your account, our system automatically retrieves information from public organizations related to that property, including the land register, trade commerce register, Central Bureau of Statistics as well as Google maps.
We use the information for and in relation to the conclusion and performance of the agreement with have with you or the Client you work for, including to contact you about it, to answer questions you may have, to allow you or the Client you work for to make and receive payments, to allow you to set up an account with the payment provider, as well as for customer relation management, for internal analyses and to enforce the terms of the agreement and as the case may be, in case of a dispute with you in order to have evidence in relation to such dispute.
We use personal data related to financial transactions, including invoicing information, for our financial administration.
Webshop customers
Users who purchase products from our webshop are requested to leave their name, email address, delivery address and invoicing address and order information will be stored in the User’s account. This information allows us to process the order, including collecting payment and delivering the product and keeping you updated about the order, allows you and us to see your order history and we use it for our (financial) administration.
Notifications
We may use your contact details to send you service messages and surveys about the Platform and to inform you about services or products related to our business.
Illegal activities
We may monitor and audit Users’ use of the Platform.
We may take actions against Users who engage in illegal or otherwise harmful activities, such as placing illegal content, infringing third party rights, circumventing security measures, transmitting malware, treating other Users in an illegal or harmful manner, other criminal activities, and Users who do not comply with the agreement with us, including the OWNER terms and conditions.
Such actions may include sharing personal data of such Users with relevant government authorities or third persons or parties who have made sufficiently evident that you have infringed their rights. Such actions may also include inform the Client you work of your activities. We will not share more personal data than is necessary for such purposes.
Website Users – cookies
When you visit our website, we place the following cookies:
|
Cookie |
Party |
Purposes |
Retention term |
|
OWNER.app |
OWNER |
To help you stay logged in to your account, securing forms, for storing your preferences. |
24 months |
|
Hubspot.com |
Hubspot |
Chat integration, handbook and site traffic analytics. |
24 months |
|
Google.com |
|
Site traffic analytics. |
26 months |
Other contact persons
In the context of our business activities, we also process personal data of our contact persons at different organizations, including service providers, suppliers and government organizations. This generally relates to data such as name, contact details, organization you work for, personal data in messages we share with you.
We use your personal data to be able to address you by your name, to communicate with you, for our administration, for archiving purposes, to conclude and perform the agreement with your or the organization you work for, to maintain a (commercial) relationship with you, as the case may be, in case of a dispute with you in order to have evidence in relation to such dispute.
On what legal basis do we process your personal data?
We process your personal data on the following legal bases:
· The personal data are necessary for the conclusion and for the performance of the contract between you and us.
· The personal data are necessary to comply with applicable legal obligations.
· The personal data are necessary for our legitimate interests and those of the Users or third parties, generally consisting of the legitimate interest to conduct our business, including offering the Platform and its functionalities and more specifically the interests as indicated under the purposes above.
· For specific types of processing we may ask your consent. You may withdraw your consent (opt-out) at any time for the future (withdrawal does not affect the lawfulness of processing based on consent before the withdrawal).
· In exceptional cases, we may have to process your personal data if this is necessary to protect your, or another person’s vital interest, e.g. if a User’s life is threatened on the Platform we may share the aggressor’s personal data with law enforcement.
Are you required to submit personal data?
Yes, you are required to submit some personal data, so that you can sign up for an account, use the Platform and receive or make payments. We will indicate what personal data are required. We need the information for the performance of the agreement or to fulfil our legal obligations, without it, you cannot sign up for an account or use the Platform.
With whom do we share your personal data?
We make use of service providers and other types of third parties that help us offer the Platform and run our business, such as the hosting provider of the Platform, mail provider, advertising service providers, the mail/package delivery service, administrative service provider, an IT-development company, email marketing provider, analytical service provider, IT-support company.
In order to set up an account with the Platform’s payment provider, we must share data Client’s data (e.g. name, account number) with that payment provider. Please find more information about how they process personal data in their privacy policy.
As indicated above in this Privacy Policy, in case of illegal activities, we may to disclose personal data with third parties, as necessary. We may also be required by other laws to disclose personal data to government authorities, e.g. personal data on invoices that are disclosed to the tax authorities.
Where do we store your personal data?
We store your personal data in the European Economic Area (EEA).
If your personal data is shared with a service provider or other type of third party as indicated above outside the EEA without an adequate level of protection, measures have been taken to ensure an adequate level of protection of your personal data, including by concluding Standard Contractual Clauses with them.
How long are your personal data stored?
We store your personal data as long as you have an account with us. When you close your account, or your account is blocked, your personal data will be deleted after 30 days.
If your account is inactive for a period of two years, we may send you a service message, asking you whether you wish to keep or delete your account. If you have not responded after we have sent three of such messages, we are entitled to remove your account.
Personal data we are required to store pursuant to tax laws in the Netherlands, such as information relating to the purchase of credits and other financial transactions, will be stored during a period of seven years.
Personal data of contact persons are generally saved for five years after the agreement or legal relation has ended or longer for internal archiving purposes.
Personal data we may have to retain in relation to a dispute with you, if applicable, will be retained until this is no longer required for the dispute (including as applicable, any limitation periods).
What rights do you have with respect to your personal data?
Pursuant to the GDPR, you have the following rights with respect to your personal data:
· the right to request access to your personal data;
· the right to receive information about the processing of your personal data;
· the right to have incorrect personal data rectified (please note that if you have an OWNER account, you can always change your personal data in your account);
· under certain conditions to have your personal data erased (with an OWNER account you can remove your data or your entire account);
· under certain conditions to have the processing of your personal data restricted;
· under certain conditions to object to the processing of your personal data;
· if you have given consent for the processing of your personal data, to revoke that consent (this applies to future use of your personal data), when we use your personal data for direct marketing purposes, you can object to this unconditionally;
· the right to receive your personal data in a structured, commonly used and machine readable format, where it concerns personal data (i) you have submitted to us and (ii) we process based on your consent or required for the performance of our contract with you and (iii) that is processed by automated means; in that case you may also ask us to transfer your personal data to another processor, where technically feasible (the Platform contains an export functionality which allows you to export personal data);
· you have the right to lodge a complaint with the supervisory authority.
If we are the controller for your personal data (i.e. if you are a professional, a website visitor or other contact person), you may send a request with regard to your personal data using the contact details under ‘Contacting Us’ below. If we are not the controller, but our Client is, please contact the relevant Client.
We may be entitled under applicable laws to refuse a certain request.
Contacting us
If there are any questions regarding this Privacy Policy or about your personal data, you may contact us using the information below.
Can this Privacy Policy be altered?
Yes, we reserve the right to alter this Privacy Policy. The current version this Privacy Policy can be found at the following URL: https://owner.app/legal/owner-privacy-statement.pdf.
Last Edited on 1 May 2023