Sherry FitzGerald Group Privacy Policy (incl. Cookie Policy)

Sherry FitzGerald Group includes: Sherry FitzGerald Limited, Sherry FitzGerald Countrywide Limited and Mortgage Insight DAC trading as Sherry FitzGerald Financial Services. In this policy when we say, “the Group”, “we”, “us” and “our” we are referencing the Sherry FitzGerald Group companies. The registered office for Sherry FitzGerald Group is Silverstone House, Ballymoss Road, Sandyford, Dublin 18, D18 A7K7.

The Sherry FitzGerald Group is committed to protecting the personal data of our clients/customers and we take our data protection responsibilities and legal obligations, seriously. 

The purpose of this policy is to inform you of the personal data that we might collect and use during our relationship with you and the use we may make of this data. 

Website and the Portal (mySherryFitz.ie) Usage Data

We collect and analyse certain statistical information about the use of our website (the “Website”) and the mySherryFitz.ie portal (the “Portal”). When you visit the Website or the Portal, the following information is retained about that visit:

  • the Internet Protocol (IP) address from which you access the Website or the Portal in a format that does not enable us to identify who you are;
  • the previous webpage from which you accessed the Website or the Portal;
  • the identity of any search engine used to access the Website or the Portal, and any search terms used;
  • the type of browser, device and operating system used to access the Website or the Portal;
  • the date and time of your access to the Website or the Portal;
  • a list of all the pages visited while in the Website or the Portal; and
  • the page you exit the Website or the Portal from.

Such information is collected on an aggregate basis. None of this information is associated with you as an individual and we do not track individual e-mail addresses, usage of web pages or any other information personally identifying you. Most information is collected via cookies or other analysis technologies. To learn more about our use of cookies, please see below.

Live Chat on the Website and the Portal

When you use the live chat function on either the Website or the Portal, we collect and process the personal data which you provide to us via this function, including transcripts of our communications with you, in accordance with this Privacy Policy.  

The Portal (mySherryFitz.ie)

You are in control of the personal data entered into the Portal and you can delete and amend this information at any stage. Your personal data will only be transferred from the Portal to Sherry FitzGerald’s Internal Property system (RPS) when you book a viewing, request a valuation on your property, make an offer, register for a new development or register to attend an auction. 

The personal data that will be transferred is limited to the information needed to carry out the requested service, i.e. generally your contact details (name, address, contact number and email). Documents you have uploaded to the Portal may also be transferred if necessary to carry out a specific function.

All personal data transferred to Sherry FitzGerald’s RPS is processed in accordance with this Privacy Policy.

Cookie Policy

Cookies are small data files placed on your computer or internet enabled device by websites to add functionality. Cookies help to improve the usage and effectiveness of the Website and the Portal, for example, by remembering preferences expressed by a user or tracking a user’s use of the Website or the Portal for statistical analysis. 

Cookies on the Website and the Portal (mySherryFitz.ie)

Java session cookies: These cookies facilitate access to your user account and do not store or pass any personal information to any 3rd parties

Google Analytics cookies: We use these cookies to track statistical data about the usage of the Website and the Portal including user sessions. These cookies do not store personal data nor do they send it on to any 3rd parties through the use of Google Analytics.

If you would like to restrict the use of cookies, you can turn off the cookie acceptance option in your browser settings or via the Cookie panel displayed at the start of each new session on sherryfitz.ie or mySherryFitz.ie. Please note that disabling cookie support may prevent the Website or the Portal from functioning properly and you may not be able to fully utilise all its features and services. 

We will update our Cookies Policy to reflect any changes in data protection legislation. Any updates or changes that may affect how we use cookies or how you, as a user, can manage cookies will appear on this page.

 

Sources of Data

We only collect information from you directly e.g. from your interactions with us by phone, email and letter, through our direct involvement with you and/or through sherryfitz.ie or MySherryFitz.ie with express permission to collect that data at the time of collection.

Retention

We will not hold your data for longer than is necessary. We will retain your personal data for the duration of your engagement with us and for such a period, after your contract ends as is necessary to comply with our obligations under applicable law and, if relevant, to deal with any claim or dispute that might arise relating to your contract. 

Where you do not enter into a contract with us, we will only retain your information for so long as is necessary to comply with our obligations under applicable law and, if relevant, to deal with any claim or dispute that might arise relating to our interactions with you. It is important that we make you aware that if you invite us to value your property or if you should view, offer or purchase through us we are legally required to retain a record of this for a minimum period of 6 years after the property transaction completes. Each of our communications will contain an opt out or unsubscribe so that you are fully in control of how we communicate with you.

Sharing of Personal Data

We may disclose your personal data to third party recipients if it is necessary to do so in order to carry your instructions under the terms of your contract with us and/or in connection with the purposes listed below:

  • to third parties who we engage to provide services to us, such as professional advisers, auditors, insurers and service providers;
  • to other members of our group or affiliates;
  • to third parties, their agents and professional advisors, subject to confidentiality obligations, for the purpose of a due diligence exercise by third parties in connection with any proposed merger, acquisition, re-organisation or transfer of our business and to any person proposing to participate in, promote, underwrite or manage any such arrangement; and
  • to competent regulatory or other authorities and bodies as requested or required by law.

What personal data do we collect when providing a property service?

We may need you to provide us with personal data to allow us to provide that service, including:

  • your name and contact details, including your, email address, address and telephone number;
  • the information you provide for the purpose of entering into a contract with us;
  • personal data relating to you in connection with our on-going relationship with you, based on the services which we are providing to you or the estate agency activities which we are carrying out;
  • where necessary information relating to your financial means, such as documentary proof of funds;
  • the information which we are required to collect to carry out anti-money laundering and identity checks and to comply with our legal obligations;
  • any other personal data which you provide to us directly.

Your rights and how to exercise them

Data protection legislation provides you with the right to obtain a copy of your personal data, this is called the right of access. You also have the right to withdraw consent to us processing your information, at any time, where the processing is based on consent. 

Similarly, the legislation also gives you the right* to:

a) correct any information relating to you which is incorrect;

b) delete such Information;

c) restrict our use of that information;

d) object to our use of information relating to you; and

e) request that information relating to you is transferred to another data controller.

* Please note that these rights can be subject to certain restrictions, we are legally obliged to retain records of all viewings and offers made on a property for a minimum of 6 years after the transaction so a request to delete cannot be actioned until that legal timeframe has passed.

Transfers Abroad

We might transfer your personal data outside the European Economic Area, including to a jurisdiction which is not recognised by the European Commission as an area that provides for an equivalent level of protection for personal data as is provided for in the European Union If, and to the extent that we do so, we will ensure that appropriate measures are in place to comply with our obligations under applicable law governing such transfers. These may include entering into a contract governing the transfer that contains the ‘standard contractual clauses’ approved for this purpose by the European Commission. In respect of transfers to the United States of America, ensuring that the transfer is covered by the EU-US Privacy Shield framework. If you would like to receive further details of the measures that we have taken in this regard, please contact us at dp@sherryfitz.ie 

How do we safeguard your personal data?

We are committed to taking all reasonable and appropriate steps to protect the personal information we hold from misuse, loss or unauthorised access. We do this by having a range of measures in place. These measures include the ability to deal with suspected data breaches.

If you suspect any misuse, loss or unauthorised access to your personal data please contact us at dp@sherryfitz.ie 

Contact us and opting out

If you wish to contact us regarding your rights please email us at dp@sherryfitz.ie or you can write to us at:

Privacy Advisor, Sherry FitzGerald, Silverstone House, Ballymoss Road, Sandyford, Dublin 18 

Please note that the email address noted above is manned between 9.00 am to 5.30 pm Monday to Friday and is not accessed outside of these hours.

If you are not satisfied with our response you have the right to make a complaint to the Irish Data Protection Commission at www.dataprotection.ie

If you no longer wish to receive communications relating to your property requirements, or wish to amend your communication preferences, simply drop us an email to optout@sherryfitz.ie or you can call us on Freephone: 1800 550125 leaving your name and email address.

Sherry FitzGerald and Data Protection

How do we use your personal data?

Your personal data may be used by us, our group companies or by third party service providers acting on our behalf for the purposes of:

a) liaising with you prior to your decision to engage us to provide property services to you or on your behalf;

b) carrying out estate agency activities on your behalf or in connection with a property which you own or are interested in acquiring, letting or bidding for;

c) to operate the Website and the Portal, including the live chat function; 

d)  to respond to any questions or queries that you send to us;

e) carrying out research using aggregated and anonymised data which may be required to analyse trends in the property market in Ireland;

f) complying with legal obligations imposed on us;

g) to help prevent and detect fraud or loss;

h) to provide you with information on other relevant services available to you from each of our Group companies;

i) sending you property industry related newsletters and information; and

j) carrying out customer satisfaction surveys and sending you promotional materials, subject to any preference that you express. 

You will only receive promotional material from the Sherry FitzGerald Group if you have specifically opted in to received same. You can opt out of receiving such promotional materials at any time by emailing optout@sherryfitz.ie, Freephone 1800 550125 or updating your preferences/unsubscribe on the communication received.

The legal bases on which we collect, process and transfer your information in the manner described above are:

  • the performance of our contract with you;
  • to take steps at your request prior to entering into a contract with you;
  • our legitimate interests in conducting our residential property business in a responsible and commercially prudent manner and in carrying out meaningful research in relation to the status of the property market in Ireland. We will not process your personal data for these purposes if to do so would constitute an unwarranted interference with your own interests, rights and freedoms;
  • to comply with our legal and regulatory obligations (e.g. to undertake Anti Money Laundering checks and our obligation to keep records of bids and bidders on property transactions as required by the Property Services (Regulation) Act, 2011); and
  • in limited circumstances, where you have given your consent to such processing.

We will request your consent before collecting or processing your data where we are required to do so under the terms of current Data Protection Legislation. If you are not happy to grant your consent, our ability to provide information or services or to provide access to online services may be restricted.

Sherry FitzGerald New Homes and Data Protection

Sources of Data

In addition to the information we receive directly from you, we also receive or obtain information relating to you if you register via Web Based Property Portals, New Homes Development Websites, development specific Information Hubs, Social Media.

How do we use your personal data?

Your personal data may be used by us, our group companies or by third party service providers acting on our behalf for the purposes of:

a) liaising with you prior to your decision to engage us to provide property services to you or on your behalf;

b) carrying out real estate activities on your behalf.

c) to respond to any questions or queries that you send to us;

d) carrying out research using aggregated and anonymised data which may be required to analyse trends in the property market in Ireland;

e) complying with legal obligations imposed on us;

f) to help prevent and detect fraud or loss;

g) to provide you with information on other relevant services available to you from each of our Group companies;

h) sending you property industry related newsletters and information; and

i) carrying out customer satisfaction surveys and sending you promotional materials, subject to any preference that you express. 

You will only receive promotional material from the Sherry FitzGerald Group if you have specifically opted in to received same. You can opt out of receiving such promotional materials at any time by emailing optout@sherryfitz.ie, Freephone 1800 550125 or updating your preferences/unsubscribe on the communication received.

The legal bases on which we collect, process and transfer your information in the manner described above are:

  • the performance of our contract with you;
  • to take steps at your request prior to entering into a contract with you;
  • our legitimate interests in conducting our new homes property business in a responsible and commercially prudent manner and in carrying our meaningful research in relation to the status of the property market in Ireland. We will not process your personal data for these purposes if to do so would constitute an unwarranted interference with your own interests, rights and freedoms;
  • to comply with our legal and regulatory obligations e.g. to undertake Anti Money Laundering checks and our obligation to keep records of bids and bidders on property transactions as required by the Property Services (Regulation) Act, 2011; and
  • in limited circumstances, where you have given your consent to such processing.

We will request your consent before collecting or processing your data where we are required to do so under the terms of the current Data Protection Legislation.  If you are not happy to grant your consent, our ability to provide information or services or to provide access to online services may be restricted.

Sharing of Personal Data

Sherry FitzGerald New Homes will share details of purchasers with Developers and their solicitors.

Sherry FitzGerald Countrywide Limited and Data Protection

Sources of Data

In addition to the information we receive directly from you, we may also receive or obtain information relating to you from, third parties such as lenders, receivers, landlords, agents and property managers to enable us to provide our services. We also have access to personal data gathered by members of Sherry FitzGerald Countrywide, our franchise network.

How do we use your personal data?

Your personal data may be used by us, our group companies or by third party service providers acting on our behalf for the purposes of:

a) contacting you by email for the purposes of carrying out customer satisfaction surveys;

b) carrying out statistical analysis of the property market in Ireland, including in relation to the status of buyers and property prices;

c) verifying, on a spot-check basis, franchisees are providing services to its customers in a manner consistent with the standards required by the Group and with applicable legal requirements; and

d) the investigation and processing of complaints and conflict checks; and

e) facilitating cross-referrals across the franchise network, where appropriate.

f) processing and oversight on transactions which we distribute nationally throughout our Network

g) liaising with you prior to your decision to engage us to provide property services to you or on your behalf;

h) carrying out estate agency activities on your behalf or in connection with a property which you own or are interested in acquiring

i) to respond to any questions or queries that you send to us;

j) complying with legal obligations imposed on us;

k) to help prevent and detect fraud or loss;

The legal bases on which the Group collects and processes your information are its legitimate interests in managing its franchise network and other businesses in a responsible and commercially prudent manner, ensuring that its franchisees provide services to its customers to the standards required by the Sherry FitzGerald Group and the compliance with its legal obligations.

In some additional circumstances the legal bases on which data is collected and processed is as follows;

  • the performance of our contract with you;
  • to take steps at your request prior to entering into a contract with you;
  • our legitimate interests in conducting our residential property business in a responsible and commercially prudent manner and in carrying our meaningful research in relation to the status of the property market in Ireland. We will not process your personal data for these purposes if to do so would constitute an unwarranted interference with your own interests, rights and freedoms;
  • to comply with our legal and regulatory obligations e.g. to undertake Anti Money Laundering checks and our obligation to keep records of bids and bidders on property transactions as required by the Property Services (Regulation) Act, 2011.

The Sherry FitzGerald Group will keep your data fully secure and will only retain it for as long as is reasonably necessary in accordance with applicable Data Protection Law.

Sherry FitzGerald Financial Services and Data Protection

Sources of Data

In addition to the information we receive directly from you, we also receive or obtain information relating to you from employees of Sherry FitzGerald Group companies, but this is only where you have given your consent to do so.

What personal data do we collect when providing a financial service to you?

If you choose to register with us for, or otherwise use, one or more of our financial services, we may need you to provide us with personal data to allow us to provide that service, including:

a) your name and contact details, including your address and telephone number;

b) information which you provide for the purpose of entering into a contract with us;

c) personal data relating to you in connection with our ongoing relationship with you, based on the services which we are providing to you;

d) information which we are required to collect to carry out money laundering and identity checks and to comply with legal obligations;

e) where necessary information relating to your financial means, such as documentary proof of funds;

f) where necessary information relating to your health

g) any other personal information you have provided directly to us.

Special Categories of personal data

If we collect any special categories of personal data, we will ensure that we will obtain your explicit consent before doing so.

We will request your consent before collecting or processing your data where we are required to do so under the terms of current Data Protection Legislation. If you are not happy to grant your consent, our ability to provide information or services or to provide access to online services may be restricted.

How do we use your personal data?

Your personal data may be used by us, our group companies or by third party service providers acting on our behalf for the purposes of:

a) liaising with you prior to your decision as to whether to engage us to provide financial services on your behalf,

b) to respond to any questions or queries that you send to us;

c) carrying on activities on your behalf or in respect of obtaining a mortgage or life assurance product

d) carrying out research which may be required to analyse trends in the financial services market in Ireland;

e) complying with legal obligations imposed on us e.g. requirement under the Consumer Protection Code;

f) to help prevent and detect fraud or loss;

g) to provide you with information on other relevant services available to you from each of our Group companies;

h) sending you industry related newsletters and information; and

i) carrying out customer satisfaction surveys and sending you promotional materials, subject to any preference that you express. You can opt out of receiving promotional materials from us at any time updating your preferences/unsubscribe on the communication received.

The legal bases on which we collect, process and transfer your information in the manner described above are:

  • the performance of our contract with you;
  • to take steps at your request prior to entering into a contract with you;
  • our legitimate interests in conducting our business in a responsible and commercially prudent manner. We will not process your personal data for these purposes if to do so would constitute an unwarranted interference with your own interests, rights and freedoms;
  • to comply with our legal and regulatory obligations
     

Sharing of Personal Data

We may disclose your personal data to third party recipients in connection with the above purposes, including:

  • to third parties who we engage to provide services to us, such as lending institutions and life assurance companies
  • to competent regulatory authorities and bodies as requested or required by law

The third parties that we pass your personal data to are listed in our Terms of Business which are available on request.

Sherry FitzGerald Financial Services do not share any data with other Sherry FitzGerald Group companies.

Independently Owned Sherry FitzGerald Franchise Businesses

All independently owned franchise businesses manage their own privacy and data protection matters. 

When using the Website or the Portal, in order to fulfil your requirements, your data may need to be transferred to a franchise office. If this need arises you will be requested to consent to the transfer of your data to the prior to any transfer of data occurring.

Minors

Sherry FitzGerald does not collect the personal data of children under 16 without the express consent of a parent or guardian. 

Changes to Policy

We may change this Privacy Policy from time to time, to reflect how we are processing your personal information. We will publish the updated version on the Website and the Portal. If we make any significant changes we will highlight them to you.