OpenRent Limited: Privacy Policy

This is the privacy statement for OpenRent Limited (OpenRent or We). OpenRent is a private company (company number 07749632) with its registered office at OpenRent Ltd, 6th Floor, 2 London Wall Place, London, EC2Y 5AU.

For the purpose of the Data Protection Act 2018 and the General Data Protection Regulation 2016/679 the data controller is OpenRent Limited. OpenRent is registered at the ICO with number ZA083975.

OpenRent is committed to protecting and respecting your privacy. This policy sets out the basis on which any personal data We collect from you or that you provide to us, directly or indirectly, will be processed by us. Please read the following carefully to understand our views and practices regarding personal data and how We treat it.

OpenRent's Data Protection Officer can be contacted at dpo@openrent.co.uk.

The General Data Protection Regulation 2016/679

In this statement We have used certain terms which are set out in the General Data Protection Regulation 2016/679 (GDPR or the Regulation):

• personal data means: 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.
• controller means: the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
• processor means: a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
• processing means: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

What We Do

OpenRent is an online letting agent, offering services and tools to make renting fairer, safer and cheaper for everyone.

OpenRent assists property owners and landlords (together, Landlords (being either actual or prospective Landlords)) in finding tenants and creating tenancies; and offers a range of other services relating to renting out and managing rental properties.

OpenRent assists prospective and actual tenants (collectively, Tenants (which for the purposes of this privacy statement, shall be deemed to include any individual guarantors of any Tenant)) in finding properties to rent and creating tenancies; and offers a range of other services relating to renting properties.

For the purposes of this Privacy Policy, Landlords and Tenants are referred to collectively, as Users.

Our Status Under GDPR

Depending on the nature of the interaction, We may act as a processor in that We are acting upon instructions from our Users when We provide our services to them; and when We control the purposes and means of the processing of personal data, such as processing our employees' personal data, We act as a controller, as defined under GDPR.

What Lawful Reasons Do We Use To Process Personal Data?

The lawful reasons OpenRent uses to process personal data are set out in Article 6 of the Regulation and with respect to the business model undertaken by OpenRent, our processing is lawful given that at least one of the following applies:

• the data subject has given consent to the processing of his or her personal data for one or more specific purposes (Consent).
• processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (Contract Performance).
• processing is necessary for compliance with a legal obligation which We are subject to (Legal Obligations).
• processing is necessary for the purposes of the legitimate interests pursued by OpenRent, except where our interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child (Legitimate Interest).

Consent

Where We process personal data as a result of data subject consent, We ensure that consent is freely given, specific and informed; and established by a clear affirmative act. Where consent is withdrawn, We have set out (below) how this may be undertaken.

Contract Performance

Where We enter into a contract, processing of personal data may, as a matter of course, be necessary in order to execute such a contract or take pre-contract preparation steps.

Legal Obligations

Where We have legal obligations which apply to OpenRent, processing of personal data may be required by law.

Legitimate Interest

Where We process personal data as it is necessary for the purpose of our legitimate interests, We do so on the basis of a balanced evaluation of our interests and the rights and freedoms of the data subject which require protection.

Presently, We have concluded that the way We manage the processing of personal data results in a cumulation of data subject protections which show that the balance is in favour of OpenRent being able to rely on Article 6.1(f) of the Regulation as a lawful reason to process personal data.

Sensitive Personal Data

Where OpenRent processes sensitive personal data on behalf of a User, OpenRent does so on the basis that the User has established a lawful exception to the prohibition on processing sensitive personal data under Article 9 of the Regulation; and where OpenRent is processing sensitive personal data of employees, it does so pursuant to its employment relationship with its employees and so uses the exception set out in paragraph 2(b) of Article 9 of the Regulation.

OpenRent's Use Of Personal Data: Overview

How OpenRent collects and uses personal data differs based on the nature of the interaction with the individual whose personal data We are processing. For example, personal data provided by a prospective Tenant when registering on the OpenRent website may be used for several purposes and in a different capacity by us, depending on the nature of the services We are providing. Where OpenRent's engagement of an employee requires the processing of the employee's personal data, We have also set out how this will be conducted. As a result, We have explained how personal data may be processed when used within our business, and in the context of the services we offer during our commercial life-cycle, i.e. in the context of the services We provide Landlords and Tenants, respectively. In addition, We have referred to other services which require the processing of personal data and how We process the personal data of third parties. In general, our objective is to inform through being transparent while being consistent with the requirements of the Regulation.

Landlords

How personal data is collected: Landlords interested in learning more about OpenRent's services can enter their details into our website at https://www.openrent.co.uk/ or any landing pages hosted at https://www.openrent.co.uk/ or via an enquiry form; or Landlords may email or call us directly using contact details provided on our website or elsewhere. This will likely be for the purposes of entering into a relationship with OpenRent through acceptance of our terms and conditions, requesting that We contact them, reading or downloading information, or requesting support from our support team. From time-to-time, We may also meet business-relevant connections at events or research individuals using social media platforms. Where these individuals are approached (or approach us) in their capacity as employees of their organisation, the interaction will be regarded as a business to business exchange.

Type of personal data collected: Landlord personal data might include a name, telephone number, home address, email address, company of work and IP address from the device being used, online identifiers, property and property-related information and location data. We will not knowingly collect sensitive personal data. Where a Landlord visits our website, We may collect and process information about their website usage (e.g. browsing history and information about their navigation through our website) using cookies and other similar technologies. During communications, We may process information about the interactions undertaken with us.

Who controls the personal data: Where (by agreeing to OpenRent's terms and conditions) a Landlord enters into an agreement with OpenRent and OpenRent provides services to the Landlord, the Landlord controls the purposes of the processing of personal data under the agreement and is a controller.

Who processes the personal data: Where OpenRent is acting upon the instructions of the Landlord pursuant to the terms of their agreement, OpenRent is a processor. In addition, Landlord personal data is processed by OpenRent and our website, email, CRM, marketing platform providers and third-party contractors, who process personal data on our behalf. This is undertaken in a manner that is consistent with the Regulation and the ePrivacy Directive.

Where personal data is stored; how personal data is used: Landlord personal data is stored in our databases and is primarily used to allow us to deliver our services. It may also be used to send news and information about our services, to implement and improve our services, including format and content, to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes, as part of our efforts to keep our website safe and secure, to measure or understand the effectiveness of any advertising We serve to you and others, and to deliver relevant information.

How long personal data is stored: Landlord personal data is stored by OpenRent for the duration of the Landlord's contract with the Tenant and thereafter in line with prescribed limitation periods under English law. Where the Landlord withdraws consent to receive marketing material from OpenRent, or, retention of personal data is no longer necessary pursuant to the principles set out in Article 5 of the Regulation, personal data will either be deleted or archived. Where personal data is archived, it is kept to ensure that OpenRent does not lose its records with respect to marketing consent, or the fact of its withdrawal.

Tenants

How personal data is collected: Tenants interested in learning more about OpenRent's services can enter their details into our website at https://www.openrent.co.uk/ or any landing pages hosted at https://www.openrent.co.uk/ or via an enquiry form; or Tenants may email or call us directly using contact details provided on our website or elsewhere. Tenants provide personal data to OpenRent for the purposes of accessing OpenRent's services. Personal data is collected when the Tenant populates their details online via the OpenRent website or an affiliate website run by partners such as Rightmove and Zoopla. During the course of the provision of OpenRent's services to the Tenant, the Tenant may disclose additional personal data, which may involve more than one media.

Type of personal data collected: Data collected via the OpenRent website from Tenants may include name, telephone number, home address and past addresses, employment status and employment history, email address and IP address from the device being used, online identifiers and location data. On occasion We may collect sensitive personal data. In the course of provision of Home Setup and similar services we may also process move-to and move-from addresses, moving dates, tenancy details, council tax status, and other data required for the provision of those services (including data relating to other occupants or household members). Where a Tenant visits our website, We may collect and process information about their website usage (e.g. browsing history and information about their navigation through our website) using cookies and other similar technologies. During communications, We may process information about the interactions undertaken with us. In the course of the provision of our Referencing services we may collect and process data which may include among other things the Tenant's date of birth, address history, nationality, occupation, income, Passport details and other details necessary to provide this service. Such details may also be required from the Tenant's Guarantor where applicable.

Who controls the personal data: When (by agreeing to OpenRent's terms and conditions) a Tenant discloses personal data to OpenRent with a view to using OpenRent's services to assist the Tenant in finding properties to rent, the resulting disclosure of personal data to Landlords is controlled by OpenRent. When the data has been disclosed to the Landlord for the purposes of further communication regarding renting the property, the Landlord will then be the controller of the data. Where the Tenant instructs OpenRent to assist the Tenant with creating a tenancy for a particular property (for example, by placing a holding deposit through OpenRent's website using our Rent Now service), the processing of personal data in this context is controlled by the Tenant. Where a Tenant receives Home Setup services provided by Just Move In then for the purpose of fulfilling the contract for those services We will need to provide relevant personal data to Just Move In. Just Move In will also store and be a controller of such personal data. Just Move In (full company name Ethical introductions Limited) provides a privacy notice describing their use of data, available here: https://www.justmovein.com/privacy.

Who processes the personal data: Where the Tenant, through OpenRent, commences discussions with the Landlord with a view to agreeing a contract with the Landlord; and Tenant personal data has been disclosed to the Landlord by OpenRent, Tenant personal data is sent to the Landlord through OpenRent under agreed terms with the Landlord. Under these terms, OpenRent is the processor. Tenant personal data may also be processed by OpenRent through our website, email, CRM, marketing platform providers and third-party contractors, who process personal data on our behalf. This is undertaken in a manner that is consistent with the Regulation and the ePrivacy Directive.

Where personal data is stored; how personal data is used: Tenant personal data is provided for the purposes of obtaining OpenRent's services and is stored in our databases and is primarily used to allow us to deliver our services. It may also be used to send news and information about our services, to implement and improve our services, including format and content, to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes, as part of our efforts to keep our website safe and secure, to measure or understand the effectiveness of any advertising We serve to you and others, and to deliver relevant information. Anonymised Bank data may be stored for the purposes of conducting anti-fraud checks.

How long personal data is stored: Tenant personal data is stored by OpenRent for the duration of the Tenant's contract with the Landlord and thereafter in line with prescribed limitation periods under English law. Where the Tenant withdraws consent to receive marketing material from OpenRent, or, retention of personal data is no longer necessary pursuant to the principles set out in Article 5 of the Regulation, personal data will either be deleted or archived. Where personal data is archived, it is kept in order to ensure that OpenRent does not lose its records with respect to marketing consent, or the fact of its withdrawal.

Referencing: In order to provide our Referencing services we will undertake a soft credit check on the Tenant or Guarantor (collectively, "Applicant") with Equifax Limited, a leading credit reference agency. In order to do this we will need to provide relevant personal data to Equifax. Equifax will also store and be a controller of such personal data. Equifax provides a privacy notice describing their use of data, available here: https://www.equifax.co.uk/crain/. Equifax will provide a dataset to OpenRent which may include among other things a history of the Applicant's County Court Judgments, adverse credit, risk score, bankruptcies and electoral roll data. OpenRent will process data received from Equifax and will use it to compile a report to be sent to the Landlord. In assessing the data provided by Equifax and providing this report OpenRent is acting as processor and is acting under the instruction of the Landlord who will be controller. In the course of the provision of Referencing OpenRent will, with the Applicant's consent, also process online financial account information received from TrueLayer Limited in order to assess the level of income received by the Applicant on behalf of the Landlord. In order to do this We will need to provide relevant personal data to Truelayer. Truelayer provides a privacy notice describing their use of data, available here: https://truelayer.com/privacy. OpenRent will receive data which will include the Applicant's banking transactions. OpenRent will process data received from TrueLayer and will use it to compile a report to be sent to the Landlord, to be used for the purpose of checking that the Applicant is suitable for the tenancy. In assessing the data provided by Truelayer and in providing this report OpenRent is acting as processor and is acting under the instruction of the Landlord who will be controller.

Payment Data

How personal data is collected: Users provide payment details to OpenRent in the service on-boarding process, in order to purchase OpenRent services to set up automatic payments and to allow us to make payments to them (for example, rent and deposit funds).

Type of personal data collected: Payment data includes a name, address, bank account sort code, bank account number, payment card long number, payment card issue date, payment card expiry date and three-digit security number.

Who controls the personal data: Payment data is controlled by Users and processed by OpenRent under User instruction, subject to terms and conditions with Users.

Who processes the personal data: User payment data is processed by OpenRent and our third-party payment gateways.

How personal data is used: User payment data is used to charge for the use of our services, or to send rent collected by OpenRent on behalf of the Landlord. Tenant payment data may be used to debit the Tenant's account for payments required when the Tenant uses OpenRent services; it may also be used where the Tenant has overpaid rent (for example) and a record is required to ensure suitable reimbursement.

Employees

How personal data is collected: OpenRent employees provide OpenRent with their personal data though email, digital or paper-exchange, in order for the employee and OpenRent to undertake a normal employer-employee relationship.

Type of personal data collected: Personal data might include a name, mobile number, email address, home address, photo, postcode and notes about their role and skills. We collect sensitive personal data with respect to health, as necessary and in a proportionate manner.

Who controls the personal data: Personal data of OpenRent employees is controlled by OpenRent.

Who processes the personal data: OpenRent processes employee personal data which is also processed within third party platforms used to help us provide standard employment requirements such as payment of the employee through a third-party payroll business; or dissemination of payment data to HMRC, as is required by law.

How personal data is used by the controller: All OpenRent employee data is used in accordance with the Regulation in order to ensure that the relationship between the employee and OpenRent is undertaken in a manner that is consistent with the legal expectations of the parties in addition to third parties (such as HMRC, as referred to above).

How long personal data is stored: OpenRent employee personal data is stored within OpenRent for the duration of the employee's contract with OpenRent and thereafter in accordance with OpenRent's data retention policy which shall take into account limitation periods under the general law.

Job Candidates

How personal data is collected: Candidates interested in applying for a role at OpenRent may provide their personal details by email or through our job application platform to express their interest in a role.

Type of personal data collected: Personal data inputs by job candidates may include: name, email, phone number, home address, place of work, education and work history alongside their skills. We will not collect sensitive personal data.

Who controls the personal data: Job candidate data is controlled by OpenRent.

Who processes personal the data: Job candidate data is processed by our software providers and consultants involved in helping us to recruit candidates and manage employees.

How personal data is used by the controller: Job candidate data is used by OpenRent to manage and communicate with candidates in relation to the role they have applied for at OpenRent.

How personal data is used by the processor: Job candidate data is used by our processors to enable us to accept and manage applications and to support decision making processes.

How long personal data is stored: Job candidate data is stored for as long as necessary. It is then archived or deleted pursuant to our data retention framework.

Third Party Contractors

How personal data is collected: OpenRent engages third parties to deliver some services, for example to carry out gas safety inspections. OpenRent uses a number of businesses in various geographies and collects the personal data of data subjects connected to the third-party businesses concerned.

Type of personal data collected: Personal data input by data subjects connected to third parties may include: name, email, phone number, home address, place of work, skill-set and work history alongside their skills. We will not collect sensitive personal data.

Who controls the personal data: Third party personal data is controlled by OpenRent.

Who processes the personal data: Third party personal data is processed by our suppliers where such third parties require instructions by email (for example); and where third parties are paid.

How personal data is used by the controller: Third party personal data is managed by OpenRent where it is required to assist in the provision of services.

How personal data is used by the processor: Third party personal data is used by our processors to ensure that third party contractors have the information they need to provide OpenRent with services; and be paid for doing so.

How long personal data is stored: Third party personal data is stored for as long as necessary. It is then archived or deleted pursuant to our data retention framework.

Sharing Information

We may share information with third parties so that they can assist us in providing our services; selected third parties could include:

• Other OpenRent Users, for instance supplying your details to a User advertising a property if you request to view that property.
• Suppliers and sub-contractors for the performance of a contract, or (by way of example) supplying your details to a gas engineer to allow them to contact you and arrange a date and time to visit the property at which the service has been ordered.
• Analytics and search engine providers that assist us in the improvement and optimisation of our website.

We may also disclose your personal information to third parties:

• If OpenRent or substantially all of its assets are acquired by a third party, in which case personal data held by OpenRent (in part or in whole) may be one of the transferred assets.
• If We are under a duty to disclose or share personal data to comply with any legal obligation, or in order to enforce or apply our terms and other agreements; or to protect the rights, property, or safety of OpenRent or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Transferring Out Of The EEA

Storing personal data: We use cloud providers to store our personal data. Occasionally, personal data may be transferred to and stored at a destination outside the European Economic Area (EEA).

Processing personal data: We may use third parties to help us deliver our services and they may be based outside the EEA. Where data is transferred outside the EEA, We adhere to compliance mechanisms that are identified by the European Commission, for example, the use of EU model contract clauses or conformity to US Privacy Shield. Where We use sub-processors acting on our behalf, We ensure that they adhere to compliance mechanisms that are identified by the European Commission.

Where We are the processor: We may transfer personal data to non-EEA (and non-adequate) jurisdictions where We are a processor, pursuant to the instructions of a third-party controller, such as a Landlord. Where We do so, it is the third party's responsibility to ensure that such transfer is consistent with GDPR.

Data Retention Periods

OpenRent has a data retention policy which sets out how long it will store personal data, which is consistent with Article 5 of the Regulation. OpenRent only keeps personal data for as long as is necessary. For example, OpenRent is required to retain certain information in accordance with the general law, where information is needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held beyond these periods depending on OpenRent's business needs, which are balanced against the requirements of the Regulation and the rights of the individual.

Where We are the controller: We will retain personal data for as long as necessary. As described above, in some cases, We will have a legal or statutory obligation to retain information for a set period, such as the limitation period.

Where We are the processor: Personal data is stored as instructed by Landlords in accordance with their approach to retention of personal data provided that this is within the Regulation. We recommend that you view (where applicable) their Terms of Use and Privacy Policy for more information.

Security Measures

We have implemented security measures that are designed to help protect the personal data We collect or receive in connection with our services, from unauthorised access or disclosure. For example, We use encryption techniques to ensure the security of data; We also use password protection. However, no transmission or storage of data can be guaranteed to be completely secure and We cannot ensure or warrant the security of any information which We collect and store.

Cookies

We use cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and allows us to improve our website. By continuing to browse the website, you are agreeing to our use of cookies. A cookie is a small file of letters and numbers that We store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. We use the following cookies:

Strictly necessary cookies: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.

Analytical/performance cookies: These allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies: These are used to recognize you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Targeting cookies: These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website more relevant to your interests.

First Party Cookies

How do I block first party cookies?

You block first party cookies by activating the settings on your browser that allow you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Third Party Cookies

We may use third party services such as Google Analytics cookies to track anonymous usage statistics but We do not collect any personal information that can be used to identify you. This data helps us analyse web page usage and improve our website to tailor it to our audience needs. Services such as Google Analytics store information about what pages you visit, how long you are on the website, how you got there and what you clicked on. These are cookies served by a third-party service provider and are usually used to identify your computer when it visits another website, for example, when you log in to a social media site to share an article.

How do I block third party cookies?

You block third party cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Further Information

More information about cookies can be found at: https://www.allaboutcookies.org

Internet Advertising Bureau: Guide to online advertising and privacy

International Chamber of Commerce United Kingdom: ICC UK cookie guide

Your Right To Complain

If you have a complaint about the way We process your personal data, you can register your concern by contacting the Information Commissioner of the United Kingdom (the Information Commissioner) and following the instructions set out at www.ico.org.uk. Where you wish to contact OpenRent about your concerns, please contact dpo@openrent.co.uk.

Contacting You

The personal data We process is subject to rigorous measures and procedures to minimize the risk of unauthorized access or disclosure. We will get in touch with the supervisory authority (which in OpenRent's case, is the Information Commissioner) and with affected data subjects where this is required under the Regulation.

Changes To This Privacy Statement

If We change this privacy statement, We will let you know about the changes by publishing the updated version on our website.

Your Rights

At the request of the data subject and where this is technically possible, We will confirm the information We hold about the data subject and how it is processed. As set out in the Regulation a data subject can request the following information:

• Identity and the contact details of the person or organisation that has determined how and why to process personal data. In some cases, this will be a representative in the EU.
• Contact details of the data protection officer, where applicable.
• The purpose of the processing as well as the legal basis for processing.
• If the processing is based on the legitimate interests of OpenRent or a third party, information about those interests.
• The categories of personal data collected, stored and processed.
• Recipient(s) or categories of recipients that the data is/will be disclosed to.
• If We intend to transfer the personal data to a third country or international organisation, information about how We ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, We will ensure there are specific measures in place to secure information.
• How long the personal data will be stored.
• Details of data subject's rights to correct, erase, restrict or object to such processing.
• Information about the data subject's right to withdraw consent at any time.
• How to lodge a complaint with the supervisory authority.
• Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether We are obliged to provide the personal data and the possible consequences of failing to provide such data.
• The source of personal data if it wasn't collected directly from you.
• Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

What forms of ID will I need to provide in order to access this?

OpenRent accepts the following forms of ID when information on your personal data is requested: passport, driving licence, birth certificate, utility bill from the previous 3 months. We reserve the right to request further information where your identification is not clear.

Contact Details

OpenRent Limited

Contact Name:	Data Protection Officer
Address:	OpenRent Ltd, 20 Wenlock Road, London, N1 7GU
Email:	dpo@openrent.co.uk

Summary Of Data Processors By Type

In order to provide our services to our Users, OpenRent works with carefully selected third parties in the sectors/disciplines set out in the non-exhaustive list below:

Description/Type	Nature of Processing
Hosting	Housing of personal and general organisational data
SMS Provider	Messaging; information
Financial and contractual management software	Accounting software; payroll services
Email Provision	Message and data transfer between parties
Banking Services	Financial services
Reference Services	Tenant evaluation
Payment Services	Transfer of consideration/funds
Marketing and Customer Service Management Systems	Housing of Tenant and Landlord personal data within a hosted environment

This privacy policy was last reviewed and updated on 25th September 2022 and will continue to be updated from time to time. Please visit this page from time to time to check this notice.