CANLiving Privacy Statement
(including Data Protection)
Updated and effective as at 23-Jan-2019
By submitting information or documents to us during our transactions together, you acknowledge that your personal data will be processed in the manner described below.
1 Who are we?
CANLiving B.V. is a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid), incorporated and existing under Dutch law, having its official seat and registered office address in Amsterdam, the Netherlands at Rhijnspoorplein 10 (8th floor), (1018TX), with the trade registration #69073422 with the Chamber of Commerce (CANLiving).
CANLiving acts as the property manager of the following “Landlord(s)” which are each registered at the following address, Rhijnspoorplein 10 (8th floor), (1018TX) Amsterdam, the Netherlands, with the Chamber of Commerce:
- Stichting Bewaring CAPREIT NL I (Registration #67240240), acting in its capacity as custodian (bewaarder) of CAPREIT NL I V.O.F. (Registration #67534937), a general partnership (vennootschap onder firma).
- CAPREIT NL II B.V. (Registration #68985118), acting in its capacity as partner (vennoot) and authorised representative (vertegenwoordiger) of CAPREIT NL II V.O.F. (Registration #68995482), a general partnership (vennootschap onder firma).
- CAPREIT NL III COÖPERATIEF U.A. (Registration #73041300), a cooperative (coöperatie).
- CAPREIT NL IV COÖPERATIEF U.A. (Registration #73041203, a cooperative (coöperatie).
- CAPREIT NL V COÖPERATIEF U.A. (Registration #73041254, a cooperative (coöperatie).
- CAPREIT NL VI COÖPERATIEF U.A. (Registration #73041130), a cooperative (coöperatie).
- CAPREIT NL VII COÖPERATIEF U.A. (Registration #73041289), a cooperative (coöperatie).
- CAPREIT NL VIII COÖPERATIEF U.A. (Registration #73041181), a cooperative (coöperatie).
- CAPREIT NL IX COÖPERATIEF U.A. (Registration #73041211), a cooperative (coöperatie).
- CAPREIT NL X COÖPERATIEF U.A. (Registration #73041297), a cooperative (coöperatie).
Every reference in this Privacy Statement to the “Landlord” should be regarded as a reference to the Landlord (company) above, with whom you have (or may have) a relationship.
2 Whose personal data do we process and in what capacity?
CANLiving may process personal data of (prospective) residential tenants of the Landlord as well as of their spouses, guarantors and guardians. Further, we may process personal data of (prospective) commercial tenants and contact persons of commercial tenants. Day to day dealings with the Landlord in relation to the lease of property of the Landlord will factually take place through CANLiving. Any personal data collected in the context of such dealings with the Landlord will be processed by CANLiving, in the capacity of processor, on behalf of the Landlord (the controller).
Furthermore, CANLiving may process personal data of job candidates, employees, vendors and contact persons of vendors who provide services to it. Any personal data collected in the context of an (envisaged) employment with CANLiving will be processed by CANLiving in the capacity of controller. Any personal data collected in the context of a business relationship with CANLiving or the Landlord will be processed by CANLiving, in its capacity of processor (in case of a business relation with the Landlord) or controller (in the case of a business relation with CANLiving), as the case may be.
In the context of this Privacy Statement, any reference to “we” and/or “us” is a reference to the Landlord and CANLiving as its processor, or CANLiving as controller, as the case may be.
3 We know your privacy is important to you
In this Privacy Statement we set forth for what purposes we may process your personal data. Further, this Privacy Statement includes important information regarding your rights with respect to the processing of your personal data.
We value your right to privacy and strive to protect your personal data in accordance with applicable data protection legislation, including the Dutch Data Protection Act (Wet bescherming persoonsgegevens) and, as per 25 May 2018, the General Data Protection Regulation (Algemene Verordening Gegevensbescherming).
From time to time, we may need to change this Privacy Statement. The most recent version of this Privacy Statement is available on our website www.canliving.nl. We encourage you to regularly review this Privacy Statement.
4 How do we collect personal data relating to you?
We may collect information about you in the following ways:
- directly from you, for example when you submit information to us in relation to a tenancy application or when you contact us with a request or query regarding a leased property. Such information includes the following information relating to (prospective) tenants, spouses, guarantors and guardians: name, gender, age, date of birth, address, telephone number, email address, mobile telephone number, marital status, profession, employment status, BSN (Dutch citizen service number) and financial and income information (such as bank account details), ownership of pets, proof of insurance, vehicle related information.
- directly from you, for example when you apply for a job or enter into an employment agreement with CANLiving. Such information may include the following information relating to applicants: name, address, contact details, curriculum vitae, prior employment references, interview notes and eligibility to work in the Netherlands. Such information includes the following information relating to employees: full name, address, contact details, nationality, citizen service number (BSN), compensation and allowances, pension or other employee benefits, government photo ID, education and certificates, marital or family status, emergency contact(s), bank account information, and medical leave and related information.
- directly from you when you visit our website canliving.nl, which may include information you provide to us by means of contact forms on that website.
- from third parties, such as our related companies (including CAPREIT Limited Partnership (‘CAPREIT’)), co-tenants, tenants from which we may acquire property, guarantors, business partners, your nominated representatives, credit registration companies or your current and/or previous landlords. Such information may include the following information relating to (prospective) tenants: credit information, payment history details and information on your behavioral history during previous lease. Such information may include the following information relating to vendors and contact persons of vendors: name and contact details.
- from third parties, such as your previous employer and/or recruiters or HR consultants that you provided your personal data to for application and hiring purposes. Such information may include the following information relating to job applicants: your name, address, contact details, curriculum vitae and information on your previous employment.
- from third parties, such as leasing brokers, property management companies who may conduct apartment showings and collect tenancy applications and facilitate signing of tenancy agreements on our behalf as well as external recruiters and HR advisors that may collect information on (prospective) employees on our behalf. Such information may include the information relating to applicants, employees and (prospective) tenants, spouses, guarantors and guardians as listed above.
- otherwise, for example from our records regarding the properties you may lease from the Landlord, or how you use the Landlord properties and or services, from CCTV that we may use around or in (common areas of) leased property.
- otherwise in case of employment by means of the CCTV we use in and around our premises or other (monitoring) technologies.
- from publicly available sources of information.
- from authorities or public bodies, when legally authorized to do so.
If you are uncomfortable transmitting your personal data electronically to us by email, you may also visit our offices in person and submit the required personal data on hard copy forms in a sealed envelope addressed to your assigned leasing or administrative representative, marked confidential, with the current date, and subject referenced on the envelope.
5 For what purposes do we use your personal data?
We collect and further use the personal data of (prospective) residential and commercial tenants, spouses, other occupants, guarantors and guardians for the following purposes:
- to assess your suitability to rent a property, including the performance of any independent background checks and credit-worthiness checks;
- to schedule property viewing;
- to reply to inquiries;
- to create a lease contract;
- in connection with the tenancy agreement or another agreement;
- to administrate non-liberalised apartments, rents and tenancy details;
- to repay security deposits;
- to secure payment of rent;
- to collect debts;
- to arrange for maintenance or reparation of the leased property;
- to confirm payment of all utility bills;
- to facilitate the set-up, switch-over or closing of utility accounts like gas and water and providers thereof;
- to protect CANLiving’s or the Landlord’s assets, business, properties and occupants of these properties;
- in the context of an intended business transaction, such as a transfer of assets or shares or merger (for example, by making the personal data available to advisors or (potential) buyers);
- for business planning purposes, for
- example, to adjust our services and facilities to the occupants of a specific property;
- for internal control;
- for business continuity;
- for marketing purposes;
- to comply with legal obligations;
- to deal with disputes.
may also use (or may instruct a third party to use) your personal data to create demographics related to the Landlord’s properties, such as rent amount, the number of tenants in the leased property, net/gross income, age or age range and occupation of the tenant(s) to understand our customers better, improve our services and make business decisions.
The legal grounds used for these processing activities are (a) in order to take steps at your request prior to entering into an agreement and/or the execution of the agreement that is entered into with you; (b) compliance with a legal obligation; (c) consent (for marketing purposes) and (d) the Landlord’s legitimate interest as a (potential) landlord, such as the Landlord’s interest to protect and develop its business and properties, for example by assessing the suitability of persons that wish to lease the Landlord’s property.
We collect and further use the personal data of job candidates and employees for the following purposes:
assess job applicants and make hiring decisions;
- to enter into employment agreements or other related agreements;
- to administrate the employment relationship, such as to keep and maintain a personnel, payroll and salary administration (including sick leave administration), to determine and pay out salaries and other remunerations, to execute pension, to arrange for insurances, to assist you and help reintegrating you after sickness or incidents, to withhold and pay out to the competent tax authorities required (wage) taxes, to make selection decisions (such as promotion or on eligibility for bonuses or other awards), to optimize your work activities and also in the context of a termination of your employment;
- to contact individuals disclosed to us by the employees in the event of an emergency involving the employee or in case of an inability to locate or contact (abnormally or prolonged) absent employees;
- in the context of employee engagement and recognition and celebrating employee birthdays;
- to protect our business (interests), properties and employees as well as third parties interests, for example by means of access controls and restrictions, the use of data security alerts, use of CCTV, or by (randomly or on an individual basis) monitoring, intercepting, accessing, inspect and record email and internet use and initiate audits and investigations;
- to improve its services and the quality thereof;
- in the context of a (potential) business transaction (such as the sale of (parts of) of its assets or shares, or a merger, for example, by making your personal data available to advisors or (potential) buyers;
- to deal with disputes;
- to enable trusted third party partners to validate employee eligibility for voluntary corporate discounts on memberships and other perks;
- to comply with legal obligations.
During employment, CANLiving may use (or may instruct a third party to use) your personal data to create demographics about employed personnel for making company decisions regarding (among others) benefits plans and analyzing HR metrics.
The legal grounds used for these processing activities are (a) in order to take steps at your request prior to entering into an agreement and/or the execution of the agreement that is entered into with you; (b) compliance with a legal obligation; (c) consent (where applicable) and (d) CANLiving’s legitimate interest as a (potential) employer and to fulfil obligations under our agreements with the Landlord (e.g. ensuring security of personal data and business confidential or proprietary information).
We collect and further use the personal data of vendors and contact persons of vendors for the following purposes:
- in conjunction with a request for quote or tender;
- for making decisions about selecting you as a vendor;
- for vendor risk analysis and ongoing management;
- for onboarding into our systems;
- for monitoring compliance with agreement terms and administrating the relationship;
- for administrating payment of invoices;
- for health and safety, security or other due diligence;
- to handle disputes.
The legal grounds used for these processing activities are (a) in order to take steps at your request prior to entering into an agreement and/or the execution of the agreement that is entered into with you; (b) compliance with a legal obligation; (c) consent (where applicable) and (d) CANLiving’s legitimate interest to protect and develop its business, for example by assessing the suitability of vendors.
6 With whom do we share your personal data?
In the context of the purposes mentioned above, we may share your personal data with third parties, such as trusted advisors, trustees, service providers (such as software and applications providers and consultants, maintenance companies, third party brokers and debt-collection agencies) and competent authorities and/or public bodies.
Upon tenancy, we may be required to facilitate the set-up, switch-over or closing of utility accounts like gas and water and providers thereof. This may involve disclosing your personal data and other details and submitting relevant forms to those providers.
For application and employment purposes, CANLiving may share required personal data with contracted HR consultants, recruiters, payroll providers, pension and benefit providers, trustees and competent authorities.
Further, we may share personal data with our group companies, such as CAPREIT, but only for the purposes as set out in paragraph 5 above.
These parties with whom we may share your personal data as referred to above may be located in countries outside the European Economic Area (EEA), which countries may offer a lower level of data protection than in the Netherlands. For example, your personal data may be stored in applications hosted in the United States of America. In such case, it shall be ensured that adequate measures are taken to ensure adequate protection of your personal data in accordance with applicable data protection legislation. For more information in this respect, please contact our Privacy Officer (see more details below).
7 How long will we retain your personal data?
Your personal data will not be stored for longer than is necessary in relation to the purposes for which the personal data were collected and processed (as described in paragraph 5 above) and in accordance with our data retention policy and corresponding schedule.
For example, an application for tenancy by a prospective residential tenant will be securely destroyed if the application is rejected, unless we have reasonable ground to retain that information longer, for example in the event that a dispute arises on the rejection of your application. Further, information of an applicant that is not employed by CANLiving will be destroyed shortly after the end of the application procedure, unless we have reasonable ground to retain that information longer, for example if you request us to contact you in the event of another vacancy in the future.
8 How do we protect your personal data?
We will implement the necessary administrative, technical and organizational measures for ensuring a level of security appropriate to the specific risks that we have identified. We protect your personal data against destruction, loss, alteration, unauthorized disclosure of or access to personal data transmitted, stored or otherwise processed.
Further, we seek to ensure that we keep your personal data accurate and up to date. However, you are responsible here for and we kindly request you to inform us of any changes to your personal data (such as a change in your contact details).
9 What are your rights?
Under certain circumstances, you have the right to access, erase and rectify your personal data processed by us, as well as to restrict or to object to the processing of your personal data. Furthermore, in some situations you have the right to ask us to receive your personal data in a structured, commonly used and machine readable format and to transmit your personal data to another organization. Finally, you have the right to lodge a complaint to the Dutch Data Protection Authority relating to the processing of your personal data by us.
If you have any further questions with respect to this Privacy Statement or the processing of your personal data by CANLiving and/or the Landlord (particularly on international transfers of your personal data) or wish to exercise you rights or unsubscribe from electronic (marketing) communications, please contact our Privacy Officer at Sarphati Plaza, Floor 8, Rhijnspoorplein 34, (1018 TX) Amsterdam, the Netherlands or by email: firstname.lastname@example.org.
If you are not satisfied with our Privacy Officer’s response, you may contact the Dutch Data Protection Authority: Autoriteit Persoonsgegevens, Postbus 93374, (2509 AJ) Den Haag, the Netherlands or by telephone: (+31) (0)70 888 85 00.