Welcome to the Kimmeridge Real Estate (‘Kimmre’’) Privacy Notice. Kimmre is the trading name of Kimmeridge Real Estate Limited (“we”, “us”, “our”), a company registered in England and Wales under Company Registration Number 9875157 with its registered office at 1 Golden Ct, Richmond, TW9 1EU. We are registered as a Data Controller with the Information Commissioners Office under number ZA580770.
This Privacy Notice (“Notice”) explains how we use (“Process”) your personal information (including personal information that you provide to us about other persons) (together, “Personal Information”). It also explains your privacy rights and how you can exercise them.
We respect your privacy and we are committed to protecting your personal data. We are responsible for the Personal Information we collect about you (including through the website www.kimmre.com). The type of Personal Information we collect and how we Process it will vary depending on the relationship we have with you. Please note in particular that:
We will publish updates to this Privacy Notice on this website, with relevant changes highlighted as appropriate. Where we hold or Process your Personal Data, we will also take appropriate measures to inform you of any amendments which have a material impact on you and your ability to exercise your privacy rights.
If you have any questions regarding our processing of your Personal Information or would like to exercise your privacy rights, please email: email@example.com
We collect Personal Information to provide our services, for legal and regulatory purposes and to manage our business and relationships. For further details, please see the ‘Use of your Personal Information’ section of this Notice below.
Personal Information about you or your business which is publicly available, for example on your employers’ website, public professional social networking sites, the press; and relevant electronic data sources.
Personal Information provided to us by third parties (for example by our clients; joint agents; sub-agents; suppliers; advisers; consultants, lawyers and other professional experts; counterparties; previous, current and future employers; correspondents and enquirers; regulators and public authorities; relatives; and other persons) where such Information is provided to us in connection with the relevant purposes set out in this Notice.
You will voluntarily provide most of your Personal Information directly to us. We will also obtain Personal Information from other sources or persons. Sometimes the provision of your Personal Information to us by third parties will be unsolicited and/or provided in confidence (for example, reports made to us by regulators and other persons) and we will be unable to notify you of this. In all cases we shall take such necessary steps to ensure that Personal Information is obtained and used in a fair and lawful way.
The categories of Personal Information we collect will vary, depending on our specific relationship with you and the context. We will not be able to further our relationship with you without certain Personal Information.
Personal contact details
Your home address, mobile number and personal email address.
We will usually ask for this if you do not currently have office/work contact details and also for customer due diligence purposes.
Our Processing of your Personal Information will include obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, copying, analysing, amending, retrieving, using, systemising, storing, disclosing, transferring, retaining, archiving, anonymising, erasing or destroying it by automated or non-automated means.
The UK GDPR as tailored by the Data Protection Act 2018 require us to communicate to you the purposes for which we Process your Personal Information (the “Permitted Purposes”), together with the corresponding ‘Legal Basis’. These are summarised in the tables below.
Further details on: (a) security and business continuity arrangements; (b) client due diligence, supplier vetting; and (c) equal opportunities monitoring and reporting, can be found in ‘The types of Personal Information that we collect’ section above.
We Process Your Personal Information for one or more of the following general Permitted Purposes.
Where it is necessary to perform our contract with you or to take steps at your request to enter into the contract
Where it is necessary for compliance with a legal obligation
Where it is necessary for the purposes of our or another party’s legitimate interests, except where these are overridden by your interests, rights or freedoms
We consider that our legitimate interests and these uses are proportionate, and compatible with your interests, legal rights or freedoms.
Where it is necessary to protect your vital interests or that of another person
For example, the disclosure of your Personal Information to medical staff in the event of medical emergencies.
We generally rely on our legitimate interests to Process your Personal Information for marketing purposes. We will inform you in advance of sending you marketing or if a related entity will send you marketing material (unless this is reasonably obvious in the circumstances – for example, when you provide us with your business card during a formal meeting). You will be able to opt-out of any marketing email sent by us, by clicking the opt-out link that we include in each email.
If you are concerned about cookies, most web browsers (Safari, Internet Explorer, Chrome etc) now recognise when a cookie is offered and allow you to opt-out of receiving it. You can also delete all cookies that are already on your browser. If you choose to do this, you may have to manually adjust some preferences every time you visit our website and some services and functionalities may not work.
For more information about cookies and how to disable and/or delete them, please visit www.allaboutcookies.org
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will also at times need to share some of your Personal Information with select third parties, such as:
Persons related to you
Your other agents, consultants, other advisers, counterparties, beneficiaries, trustees, banks and related persons who operate or are based around the world, where you ask us to, or as otherwise necessary for the Permitted Purposes.
Persons related to us
Senior lenders, our agents, consultants and other professionals, suppliers and external agencies/administrators who assist us with legal, administrative, financial, operational and other services, and may have access to certain of your Personal Information as part of their role. These will include, for example:
Our suppliers will usually be based in the United Kingdom. Other agents, consultants and professionals may be based in other countries.
Entities under common ownership, and potential affiliates and successors in title to our business, who may be based around the world.
Courts/tribunals; and law enforcement, regulatory and public authorities
Where disclosure is required by applicable rules and law, or by any court, tribunal, law enforcement, regulatory, public or quasi-governmental authority or department around the world.
If you attend an event organised or hosted by us, we may disclose your details to others who attend or participate in the organisation of that event (as notified to you). Any other persons with whom we may interact on your behalf or at your request and/or where this is otherwise necessary in connection with the Permitted Purposes.
We do not disclose (or sell) your Personal Information to any other third parties.
This Processing may involve the transfer (sometimes via cloud computing) of some of your Personal Information to other countries whose privacy laws may not be as comprehensive to those where you are based. Where third party and/or cross-border transfers take place, we will put enhanced confidentiality and information security safeguards in place to ensure the lawfulness of the transfer and protect your Personal Information. For further details, please see the Security of your Personal Information and data breaches section of this Notice below.
We operate technical, non-technical and procedural controls to safeguard your Personal Information (including protection against unauthorised or unlawful Processing and against accidental loss, destruction or damage). In particular:
The use of:
We only engage reputable suppliers and lenders. Where suppliers and lenders will have access to our and/or our clients’ information, they are also made subject to strict contractual provisions requiring them to ensure any Personal Information is kept secure and is only used in accordance with our instructions (or as otherwise and to the extent strictly required by law, if applicable).
Where your Personal Information is transferred to other countries, we will put appropriate safeguards in place to ensure the lawfulness and security of the transfer. All transfers of Personal Information outside of the UK/EUwill be based on the EU Commission’s standard contractual clauses. We will also put such arrangements in place with third parties as appropriate. Where required under applicable local law, we will seek your consent to the transfer.
We will keep these arrangements under regular review, taking into account security and compliance best practices, current risks, threats, vulnerabilities, mitigating controls, technology, and changes in applicable legal requirements.
If a data breach (leading to the destruction, loss, alteration, unauthorised disclosure of, or access to, your Personal Information) occurs which is likely to result in a high risk of adversely affecting your rights and freedoms, we will inform you of this without undue delay. Where legally permitted, any such notifications will be made either via email, post or telephone.
We will only keep your Personal Information in an accessible form which can identify you for as long as we need to for the Permitted Purposes. As retention periods can vary significantly depending on the Permitted Purpose and the relevant jurisdictions concerned, it is not possible for us to commit to an overall retention period for all of your Personal Information held by us. For example, we are under legal obligations to keep certain records for specific periods which will usually extend after the end of a contractual relationship (including minimum statutory retention periods in respect of client due diligence documents – which vary from jurisdiction to jurisdiction).
As a result, we use certain categories and criteria to determine how long we keep certain of your Personal Information, and these are set out below. Where your Personal Information is used for more than one Permitted Purpose, there will be overlapping retention periods in respect of that Information. In such cases, we will retain your Information for the longer of those overlapping retention periods. We will also transfer paper files into, and store them in, electronic format where appropriate.
Personal Information Processed in connection with lending matters
Up to 5 years after the date of the termination of our business relationship, unless:
Personal Information relating to suppliers and the services they provide to us
Up to 5 years following the end of our business relationship, unless:
Where we no longer require your Personal Information, we will take steps to delete or anonymise it. There will be circumstances where certain Information cannot be permanently deleted or anonymised, for example because it is stored in our back-ups for business continuity purposes.
In such cases, we will take appropriate steps to minimise (and pseduonymise where technically practicable) the Personal Information that we hold, and to ensure that it is: (a) not used in connection with any decision involving you; (b) not shared with anyone, except where we are legally required to do so (e.g. following a court order); (c) kept secure and virtually inaccessible; and (d) permanently deleted if, or when, this becomes technically possible.
The following privacy rights apply under the UK GDPR as tailored by the Data Protection Act 2018. Although applicable data protection legislation in relevant jurisdictions afford similar rights, there may be circumstances where some of these rights do not apply under or are modified by, local law. Further information can be sought from our privacy contacts. In the event of any inconsistency, the applicable local legislation will prevail.
You can ask us to provide you with privacy information about how we Process your Personal Information. That information is set out in this Privacy Notice, together with any other specific notices which are provided to you at the time of collection of your Information.
You can request us to confirm whether we Process your Personal Information. You can also ask us to access your Personal Information.
In the event that we hold inaccurate or incomplete Personal Information, you can ask us to rectify or complete that Information.
You can also ask us to erase your Personal Information. This right is not absolute and only applies in certain circumstances.
You can ask us to restrict the Processing of your Personal Information (or to suppress it) for a certain period of time. This right is not absolute and only applies in certain circumstances.
You can ask us to move, copy or transfer your Personal Information back to you or to another person under certain circumstances. This right only applies: (a) to Personal Information you have provided to us as a Data Controller; (b) where the Processing is based on your consent or for the performance of a contract; and (c) when processing is carried out by automated means.
You can ask us at any time to stop Processing your Personal Information for marketing purposes. Where there are legitimate grounds to do so, you can also object to us Processing your Personal Information on the basis of our legitimate interests and in certain other situations.
Where we are Processing your Personal Information on the basis of your consent, you can withdraw that consent at any time.
You have the right to: (a) ensure that any significant decisions affecting you are not made purely by automated means based on an online profile or other information (i.e. a person is involved in the decision-making), and (b) that you can express your views and to challenge the decision. We are also under obligations to ensure that any profiling is undertaken in a fair and transparent way.
For further details about these privacy rights under UK GDPR (including their limitations), please see the Guide to the UK GDPR on the Information Commissioner’s Office website .
To exercise your rights, please send a written and dated request (a “Request”) to firstname.lastname@example.org .Please note that:
If you have any queries regarding this Privacy Notice or our processing of your Personal Information, please email us at email@example.com