Privacy Notice: Resident Data

Overview

Essential Living (‘we’, ‘us’, ‘our’) is committed to protecting the privacy and security of our Residents (‘you’, ‘your’) Personal Data. This Resident Privacy Notice (‘Notice’) sets out how your Personal Data is handled when you are a prospective Resident, Resident and after your Tenancy ends. This Privacy Notice also outlines how we handle your Personal Data in accordance with the UK General Data Protection Regulation (‘UK GDPR’).

Personal Data is any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

This Privacy Notice together with your Tenancy Agreement sets out:

Information we collect about you and how we use it
How we use your information for marketing purposes
Who we give your information to
Where we store your information
Payment processing
How we protect your information
How long we keep your information
Your rights
Changes to this Privacy Notice
Contact us

Please read the following carefully to understand how we manage your Personal Data.

By signing a Tenancy Agreement with us, you acknowledge that you have read and understood this Privacy Notice.

For the purposes of UK and European Economic Area data protection law, (the "Data Protection Law"), the data controller is:

Essential Living Management Limited ("ELM") with registered company number, 08034947 and registered address 11th Floor, 33 Cavendish Square, London, W1G 0PW; and also the Essential Living group company with which you sign your tenancy. Please consult your Tenancy Agreement for further details of the relevant Essential Living Company.

In the first instance, please contact ELM with any queries you may have about this Privacy Notice or how we handle your Personal Data in accordance with the 'Contact Us' section below.

Data Protection Law states that Personal Data must be:

Used lawfully, fairly and in a transparent way;
Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
Relevant to the purposes we have told you about and limited only to those purposes;
Accurate and kept up to date;
Kept only as long as necessary for the purposes we have told you about; and
Kept secure.

Information we Collect about you and how we use it
We set out below examples of the categories of information we collect from you, how we collect this, the purpose for which we collect, and the lawful basis under which we are permitted to collect and process your information. From time to time, we may collect other categories of data from you, for example if we provide and / or you request additional services from us or when you voluntarily provide information to us.
Information we collect from you if you are a prospective Resident
Name Email address Mobile number Previous landlord	Budget Apartment type Employment status Salary
We may also collect the above information from you about our Guarantor(s) and other people who you will be sharing an apartment with.
The above information is collected so we are able to assist you in finding a suitable rental apartment within an Essential Living Residential Building.
We may also use this information to send you promotional communications but only with your consent. See “Our Communications With You” section below for more information.
Information you give us in the steps taken before becoming a Resident
For a list of information you give us in the steps taken before becoming a Resident please refer to Appendix 1.
Information we collect from you about you once your Tenancy has started
For a list of information we collect from you one you tenancy has started please refer to Appendix 2.
Information we collect about you from your use of our website and Active Building App
If you have visited our website, ahead of becoming a Resident we may be able to associate information you have already provided to us with the information we collect in accordance with this Privacy Notice. Please consult our Website Privacy Notice to understand how we handle Personal Data collected through the website.
Our Active Building App is available to you once you become a Resident. Through this, you can access billing information, purchase add-ons and manage your personal details. This system is provided by RealPage, a Third Party which we work with to deliver our Resident services.
Information we receive from other sources
Where there are multiple occupants on a Tenancy Agreement, in the first instance the lead Resident provides details of the other occupants to us. Each Resident signs the same Tenancy Agreement with us. Also, in multiple occupant tenancies, it’s possible that other Residents that you live with will provide information to us.
We work with Third Parties to help deliver Resident services, sometimes these Third Parties may collect information directly from you and share it with us. For example: Homeppl (who provide reference checking) RealPage (who help deliver Resident services and management) Curve IT (who provide our IT services including internet in our Residential Buildings) Stripe (who provide payment services including rent collection) TDS (who we use to register your deposit in accordance with law) Align Fitness (who provide gym services in the Residential Buildings)
If you find out about us through a letting agent, we may also obtain your email address, name and contact number from that letting agent to which you provided your details for such purpose.
We also liaise with the Local Council regarding payment of council tax. It’s possible that we may obtain information from the Local Council in connection with council tax.
In addition to the above means by which we collect information we may also sometimes collect other information from other Third Parties in appropriate circumstances and / or subject to applicable regulation and (where required) your consent including government or other public authorities (for example, HMRC).
Above, we set out example circumstances in which we collect your information, how and why we collect this, and our lawful basis for doing so. We will also collect other appropriate information from you in connection with your tenancy, and services you request from us. Many of the categories of information listed above or those additional types of Personal Data we collect, from time to time, allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases, we may use your Personal Data to pursue legitimate interests of our own or those of Third Parties, provided your interests and fundamental rights do not override those interests.
During your tenancy, we may also collect Personal Data verbally or via our Active Building App personal information on various topics such as ad hoc maintenance requests, cleaner details, family visits etc. and may record this information. It's in our legitimate interests to collect this information, and at times may be required by law so that we are aware of persons in our Residential Buildings. Where we collect this information, we are always careful to balance collecting this information with the privacy rights of individuals.

our communications with you

We will send you emails from Essential Living Management Limited or the Essential Living Company which owns the development in which you rent an apartment from us, in accordance with your Tenancy Agreement. For example, this could include information about utilities to the development and your tenancy specifically. We may also email you about events or new services in the Residential Building in which you rent, as part of our service offering to you. If there are some service updates which you don't want to receive from us, do let us know as set out below.

With your prior consent (where required by law), we may send you promotional communications by email about other Essential Living offerings, separate to your own development related service communications as mentioned above. For example, we may invite you to refer a friend to us that you think may be interested in Essential Living offerings, including in relation to our other developments.

If you no longer wish to receive further marketing you can tell us at any time by selecting the "unsubscribe" link at the end of all our marketing and promotional communications to you, or by sending us an email to [email protected]. Please note that if you unsubscribe from direct marketing we will still send you development related service communications.

Who we give your information to

We may give your information to:

Any member of our group, which means our subsidiaries, our ultimate holding company, and its subsidiaries, who support our processing of Personal Data under this Privacy Notice.
Selected Third Parties as set out below:
Organisations who process your Personal Data on our behalf and in accordance with our instructions and Data Protection Law. This includes in supporting the services we offer in the Residential Building in which you rent an apartment in particular those providing internet services, providing fulfilment services, distributing any communications we send, supporting or updating marketing lists, facilitating feedback on our services, providing IT support services from time to time and other service providers we engage. These organisations (which may include Third Party suppliers, agents, sub-contractors and/or other companies in our group) will only use your information to the extent necessary to perform their support functions.
Business partners who provide services to you and with whom we have entered into agreements in relation to the processing of your Personal Data. For example:
Homeppl (reference and right to rent checks)
Tenancy Deposit Scheme (to register your deposit in accordance with law)
RealPage to deliver Resident management services to you on our behalf
Curve IT to deliver IT and internet services to you. Curve IT will collect personal information including, your name, email IP / MAC address and apartment number.
Align Fitness (who provide gym services in the Residential Buildings)
Payment processing provider (Stripe) who provide secure payment processing services. Please note your payment card details are not shared with us by the payment processing provider.
Telecommunications provider (AirCall) who provide our telecommunication solution.
Solicitors or lawyers to enable us to adhere to the Tenancy Agreement terms.

We will also disclose your Personal Information to Third Parties:

In the event that we sell or buy any business or assets, we will disclose your Personal Data to the prospective seller or buyer of such business or assets subject to the terms of this Privacy Notice.
If all or substantially all of our assets are acquired by a Third Party, in which case Personal Data held by us about our customers will be one of the transferred assets.
If we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, or in order to enforce or apply our supply terms and other agreements with you;
If we are under a duty to protect the rights, property, or safety of Essential Living Management Limited and the Essential Living group company with which you sign your Tenancy Agreement;
If we are under a duty to protect the rights, property, or safety our Residents or others;
For the purposes fraud protection and credit risk reduction and to prevent cybercrime.

Examples of locations in which Third Parties which we share information for the above processing activities are based include:

European Economic Area (EEA)
United Kingdom
United States of America
Jersey

Where we store your information

The Personal Data that we collect from you may be transferred to, and stored at, a destination outside the UK and European Economic Area ("EEA") that may not be subject to equivalent Data Protection Law.

To ensure your Personal Data is protected in accordance with applicable Data Protection Law we will only transfer Personal Data outside the UK and / or EEA where appropriate safeguards as required by applicable Data Protection Law are in place. This includes where a jurisdiction has been deemed adequate by the EU Commission or Information Commissioner's Office or, where there is no adequacy decision, by putting in place appropriate UK or EU Standard Contractual Clauses as required.

We may transfer your personal information outside the UK and / or EEA:

In order to store it.
In order to enable us to provide services to you and fulfil our contract with you. This includes order fulfilment, processing of payment details, and the provision of support services.
Where we are legally required to do so.
In order to facilitate the operation of our group of businesses, where it is in our legitimate interests, and we have concluded these are not overridden by your rights.

We may transfer your personal information to the following countries outside the UK and EEA:

United States of America
Jersey

Payment Processing

Our payment provider is Stripe. You will be providing debit card information directly to Stripe when you make a payment. Information which you supply to Stripe is not within our control and is subject to Stripe's privacy policy and terms and conditions. If at the end of your tenancy with us you are owed a balance greater than the sum of your deposit, we will request the bank details of your associated tenancy in order to refund this amount to you.

How we protect your Information

Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Our services may link to external sites or third-party services. We are not responsible for the privacy policies of such Third Parties.

How long we keep your Information

We retain a copy of your tenancy information for as long as you are a Resident in order for us to comply with our contractual obligations to you and for seven years after that to identify any issues and resolve any legal proceedings.

We may retain your email, name and phone number for marketing purposes where you have not objected to our doing so.

We may otherwise retain your Personal Data where we are permitted or required by applicable law.

Your RIghts

Under certain circumstances, by law you have the right to:

Request access to your Personal Data (commonly known as a “Data Subject Access Request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it;
Request rectification of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have exercised your right to object to processing (see below);
Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a Third Party) and the circumstances of your particular situation mean you wish to object to processing on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes (including profiling);
Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it; and
Request the transfer of your provided Personal Data to another party.

Please note, that certain Personal Data may be exempt from such access, correction, and deletion requests pursuant to applicable data protection laws or other laws and regulations.

You will not ordinarily be required to pay a fee to access your Personal Data (or to exercise any of the other rights), but we where your request is manifestly unfounded or excessive, we may also charge a reasonable fee or alternatively, we may refuse to comply with the request.

If your request or concern is not satisfactorily resolved by us, you may approach your local Data Protection Authority, (see http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.html). The Information Commissioner is the supervisory authority in the UK and can provide further information about your rights and our obligations in relation to your Personal Data, as well as deal with any complaints that you have about our processing of your Personal Data.

Your right to withdraw consent:

Where the processing of your Personal Data by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us. You can also change your marketing preferences at any time.

Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law. If we have another legitimate basis for processing information in law, we may still process the same data and we will not require your consent to do so.

Exercising your rights:

You can exercise the rights listed above at any time by contacting us at [email protected].

Please note that we may be required to ask you for further information in order to confirm your identity before we provide the information requested.

Changes to this Privacy Notice

Any substantive changes we make to this Privacy Notice in future (for example, changes that significantly affect your rights or, to the extent we are permitted to do so, significantly change how or why we use Personal Data) will be communicated by email to Residents who have signed a Tenancy Agreement and have provided us with an email address.

For non-substantive changes, we will make the updated Privacy Notice available on the Active Building App and can supply a copy to Residents if requested.

Any changes to this Privacy Notice will become effective once sent to you by email.

This Privacy Notice was last updated on 11 November 2023.

Questions, comments and requests regarding this Privacy Notice are welcomed and should be addressed to:

FAO: Kirti Singh

Data Protection Lead

Essential Living Management Limited

33 Cavendish Square, Marylebone, London, W1G 0PW

[email protected]

OTher Relevant Documents
Cancellation Policy Check-out Procedure Storage Cupboard Form Complaints Procedure Internet Access Form Inventory Report Private Event Bookings Form Notice of Community Violation	Parking Permit Form Pet Permit Form Exercise Facilities Form Delivery Acceptance Form Postal Returns Form Prescribed information Residents Handbook Tenancy Agreement

Appendix 1 – Information You Give Us in the Steps Taken Before Becoming a Resident
Document/ Information	Type of Personal Data	Why We Collect It	Lawful Basis for Processing
Deal Agreement	Names, contact details, signatures	We will collect this information prior to the signing of your Tenancy Agreement. We need this information to execute your Tenancy Agreement and without this information we would not be able to assess or grant your tenancy or comply with our obligations under the contract.	This processing is necessary for the performance of a contract.
Tenancy Agreement	Names, guarantor details, contact details, signatures	We need this information to execute your Tenancy Agreement. Without this information we would not be able to assess or grant your tenancy or comply with our obligations under the agreement or take the steps you request ahead of entering into that agreement.	This processing is necessary for the performance of a contract.
Prescribed Information	Names, contact details, signatures	We collect information within the Tenancy Agreement as it is required to complete our statutory obligations.	This processing is necessary to comply with our legal obligations.
Cancellation Policy	Names, contact details, invoices, statements, receipts	Should the Cancellation Policy apply we would retain the financial information provided to us as part of this process as required by applicable regulations.	This processing is necessary to comply with our legal obligations.
Referencing and Credit Checks	Passport, ID cards or driving licences, previous address, employment and employers’ details (including salary), previous landlord details and credit check information.	In our capacity as landlord, we carry out "Right to Rent" checks and other reference checks. We are legally obligated to carry out these reference checks and may therefore collect / receive Personal Data from Third Parties. We work with Homeppl, who will collect information from you directly. We are always sure to consider your privacy rights and risks when we handle your Personal Data.	This processing is necessary to comply with our legal obligations. We also have legitimate interests in collecting and processing this information as Landlord.
Deposits	Names, contact details, deposit amount	We register deposits with the Tenancy Deposit Scheme (TDS). We are required under the Housing Act 2004 to protect deposits on assured shorthold tenancies in a scheme such as the TDS. We may record your personal information in relation to the TDS scheme.	This processing is necessary to comply with our legal obligations under the Housing Act 2004.

Appendix 2 – Information We Collection from You About You Once Your Tenancy Has Started
Document/ Information	Type of Personal Data	Why We Collect It	Lawful Basis for Processing
Access Permissions	Names, contact details, apartment number, family member and friend details, signature	We need your access permissions form to be completed by you in order to provide services to you in connection with your tenancy contract. This may include requiring access for emergencies or maintenance on the Residential Building, which are in our legitimate business interests as the landlord, or to let other have access with your permission. When accessing the apartment we will do so whilst respecting your privacy rights. In addition, you may update the permissions on our Active Building App whilst living in our Residential Buildings to grant access to people such as family members, cleaners, dog walkers etc. Without this information no one other than you as the Residents will have access to your apartment except in emergency situations.	This processing is necessary for the performance of a contract and legitimate business interests.
Internet usage data	Device MAC addresses, name, apartment number and package selected.	Included in your rent and Tenancy Agreement is access to the building-wide High-Speed Internet Access (HSIA). In order to administer this service, pursuant to the Tenancy Agreement we sign along with you, we collect this information. Without this information we would not be able to provide you with internet as you requested. Curve IT provide the internet services in our Residential Buildings and collect this data from you when you use their services. We have access to this information so that we can be sure to deliver the services as set out in our Tenancy Agreement, and so that we can troubleshoot from our Residential Buildings and conduct uninstall procedures.	We need to collect this information in order to provide you with this service.
Internet Access Form	Apartment number	We need to collect this information in order to provide you with this service.	We need to collect this information in order to provide you with this service.
Delivery Acceptance Form and Postal Returns Form	Names, contact details, apartment number, signature	We record your delivery acceptance to acknowledge that you are happy for ELM to sign for your post, parcels and deliveries. Without this signed form, we will not be able to accept post from/to you or arrange forwarding after your departure.	We need to collect this information in order to provide you with this service.
Parking Permit	Names, contact details, apartment number, signature, car registration and car details	If you choose to request our parking permit services from us, we will execute a Parking Permit with you. We need to collect this information from you in order to give you the parking permit services which you request from us.	We need to collect this information in order to provide you with this service.
Pet Permit Form	Names, contact details, apartment number, signature, information about your pet	We need to collect this information in order to provide you with this service.	We need to collect this information in order to provide you with this service.
Inventory Report	Names, apartment number, contact details	We will record an inventory and meter readings of your apartment at the beginning and end of your tenancy. We need this information to execute your Tenancy Agreement. Without this information we would not be able to assess or grant your tenancy or comply with our obligations under the agreement.	This processing is necessary for the performance of a contract.
Utility Information	Name, apartment number, utility usage and price.	Electricity usage data, Heating and Hot Water, Domestic Cold Water and Cooling (if applicable) All utilities provided to the apartments across the developments are individually metered and monitored on a periodic basis so that we are able to proactively work with Residents to minimise the energy used within the apartment. We need to collect this information in order to provide you with a statement of usage as per the Tenancy Agreement which sets out what you will pay Rent and Estimated Contributions.	This processing is necessary for the performance of a contract.
Amenity Space	Name, contact details, apartment number, signature	If you choose to request to book an amenity space as part of the services we provide, we will collect information about this booking. We need to collect this information from you in order to give you the services which you request from us.	We need to collect this information in order to provide you with this service.
Exercise Facilities Form	Name, contact details, apartment number, signature	If you choose to utilise our fitness room you will be required to fill out this form, in which we may collect personal information with regards to physical exercise condition. We need to collect this information for our insurance purposes.	We need to collect this information in order to provide you with this service. We also have legitimate business interests in collecting and processing this information for our insurance purposes.
Storage Cupboard Form	Name, apartment number	If you wish to hire a storage cupboard, you will be required to fill out a storage cupboard form. We will collect information provided in this form in order to deliver the services you request. Without this information we are unable to provide you with the service you request.	We need to collect this information in order to provide you with this service.
Private Event Booking Form	Name, contact details, apartment number, signature, details of event booked	If you wish to host a private event, you will be required to fill out a private event booking form. We will collect information provided in this form in order to deliver the services you request. Without this information we are unable to provide you with the service you request and as part of the security protocol of the Residential Building.	We need to collect this information in order to provide you with this service.
Complaints Procedure	Name, apartment number, contact details and other details they wish to supply	Any information provided to us as part of the complaints procedure which you feel is relevant will be processed in order to deal with the relevant complaint and retained for the duration of the tenancy or applicable regulations.	This processing is necessary for the performance of a contract.
Notice of Community Violation Form	Name, apartment number, contact details and details pertaining to the violation	Any information provided to us as part of the Notice of Community Violation process which you feel is relevant will be processed in order to deal with the relevant violation and retained for the duration of the tenancy or applicable regulations.	This processing is necessary for the performance of a contract.
RealPage	Name, apartment number, contact details, vehicle information, pet information, rent and utility information	We collect information about visitors, Residents and the general day to day activities in the Residential Building. We need to collect this to comply with some of our legal obligations and our insurance obligations as a landlord. Logged information may also record other pieces of incidental personal information. We are always careful to balance your privacy rights with our own legitimate interests.	This processing is necessary for the performance of a contract. We also have legitimate business interests in collecting and processing this information for our insurance purposes.
Communication Methods	Email address and contact number of Residents	We collect your email address and contact number in order to be able to communicate with you about our services in the Residential Building for example building management, notification of event and maintenance. These communications may relate to: your Tenancy Agreement or upcoming tenancy in which case we need to communicate with you to perform the tenancy contract or take the steps requested ahead of entering into that contract; information concerning the Residential Building including events where it is in our legitimate business interests to inform you about the services and request feedback which directly relate to the Residential Building in which your Tenancy Agreement relates. We are always sure to consider your privacy rights and risks; or promotional Essential Living materials with your consent.	This processing is necessary for the performance of a contract. We have legitimate business interests. We have obtained your consent to receiving promotional Essential Living communications.
Ride Share Provider (Union Wharf Residents only)	Email address and name	We process your email address and name in order to connect you (at your request) with our ride share provider to enable you to use their service.	We have obtained your consent to process your details