T&Cs and GDRP Policy

We, Madigan Cunningham Limited of The Red Church Henry Street Limerick V94 XY20 inform visitors and users of this website of the following Terms & conditions. In these Terms & Conditions the word ‘You’ and ‘Your’ means users and visitors of this website and any other website owned or controlled by a Madigan Cunningham company (“Site(s)”).

The words ‘We’, ‘Our’ and ‘Us’ means any Madigan Cunningham companies which have jointly and severally issued these Terms & Conditions:

Use of Material
The contents of this Site (and any other website owned or controlled by a Madigan Cunningham company) including text, graphics, images and software other material (“Material”), are the copyright of Madigan Cunningham LImited. All and any unauthorised use of the Material violates our copyright, trademark and other intellectual property rights.
You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. In particular, the use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

We authorise you to view and download a single copy of the Material on the Site solely for Your personal, non-commercial use.

If you violate any of these Terms, Your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

Our Liability
We make no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. You are hereby put on notice that the Material may contain inaccuracies or typographical errors. Your use of the Site and the Material is entirely at Your own risk and changes which are periodically made to the Site are done so at any time without notice.

Under no circumstances shall We be liable to You for any failure to perform (or delay in performing) any of obligations arising by Your use of this Site.

We do not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses and other harmful elements. If Your use of the Site or the material results in the need for servicing or replacing equipment or data, We assume no responsibility whatsoever for those costs.

Our Site and Material are provided on an “as is” and “as available” basis without any warranties of any kind. We, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including, without limitation, any warranty or terms of merchantability, non-infringement of third parties rights, and any warranty of fitness for particular purpose. We make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links. Further in no event shall We or any third parties mentioned on this Site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and the Material, whether based on statute, contract, tort, or any other legal cause, and whether or not We are advised of the possibility of such damages.

User Submissions
Generally, any communication which you post to the Site is considered to be non-confidential. Please see our Privacy Statement for further details on how We respect and treat any personal information provided to Us.

You agree not to use the Site or cause or permit any Materials to be used:
so as to jeopardise or prejudice the operation, quality or integrity of the Site or Materials, the operation, quality or integrity of any telecommunications network, or any other use which might be deemed by Us to be harmful to Our business(es), reputation or the commercial exploitation of the Site;

for any commercial purpose including any surveys, contests or pyramid schemes, nor to use Our services to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material; to harvest or otherwise collect by any means any Material or information (including without limitation email addresses or details of properties) from the Site or to monitor, mirror or copy any Material except with the written consent of Donogh Madigan, Managing Director, Madigan Cunningham Limited, The Red Church Henry Street Limerick V94 XY20 to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; contrary to these Terms & Conditions of any internet service provider whose services you may use.

Links to and from Other Web Sites
The Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Us of the contents on such third party web sites. We are not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at Your own risk.

Software Licences
All software that is made available for downloading from the Site (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software licence agreement or designated legal notice accompanying such software.

Limitation of Liability
Unless otherwise expressly provided in a separate written agreement the aggregate liability of Us to you for all claims arising from the use of the Site or Materials (including Software) is limited to €1 and You acknowledge that this is a genuine pre-estimate of any loss You might suffer as a result of such a claim.

Indemnity
You agree to defend, indemnify, and hold harmless Us, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including software) or Your breach of these Terms & Conditions.

General
The Site is controlled by Us from Our location within Ireland. We make no representation that Materials are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any disputes, claims or proceedings arising out of or in any way relating to the Materials or the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Materials or the Site.

If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect.

No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term.

These Terms & Conditions constitute the entire agreement between You and Us with respect to the use of the Site. Any changes to this Agreement will be posted on the Site and will take immediate effect.

We may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any reason without any reference to you.

© COPYRIGHT MADIGAN CUNNINGHAM LIMITED 2019. ALL RIGHTS RESERVED.

GDPR Privacy Notice

Who are we? 

We are Madigan Cunningham Ltd. trading as M&C Property; our registered head office is: The Red Church, Henry Street Limerick, PSRA licence number: 001231.

What is our role under the General Data Protection Regulation (GDPR)?

We consider ourselves to be the Data Processor acting on behalf of Owners Management Companies who are the Data Controllers for whom we act.
We consider ourselves to be the Data Processor for the Landlords for whom we act.
We consider ourselves to be Data Processors for the vendors for whom we act.

Both the Data Controllers and the Data Processors are subject to the: Office of the Data Protection Commissioner, the Supervisory Authority.

Canal House
Station Road
Portarlington
Co. Laois
R32 AP23
Ireland

LoCall 1890 25 22 31
Email:  info@dataprotection.ie
Web:    https://www.dataprotection.ie

Where we act as agents for Owners Management Companies:

Where did we get your data?

Originally your data was received through the Data Controller from your solicitor on purchase. Subsequently any data received by us was through the Data Controller or directly from you or another Data Processor for the purposes described below.

What is the purpose of processing your data?

Your property is subject to a lease to which you, the Data Subject, and the Owners Management Company who is the Data Controller are bound. We have been appointed by your Owners Management Company to administer the covenants of that lease. This involves maintaining accounts, company and common area matters.
 

What is the lawful basis for this processing?

Processing is necessary for the performance of a contract to which the data subject is party

[ Article 6 GDPR (1)b ].
Processing is necessary for compliance with a legal obligation to which the Data Controller is subject [ Article 6 GDPR (1)c]. In this instance OMCs are required by the Companies Act 2014 to maintain adequate accounting records. Similarly, under the Multi-Unit Developments Act 2011(Mud Act) a unit owner is under an obligation to furnish the OMC with the below information. Failure to do so would constitute a breach of the MUD Act which could result in civil action.
The unit owner(s) name.
The unit owner(s) resident address.
The names of the tenant(s) living in the unit.
The details of any habitual occupiers of the unit other than tenants.
Any other contact details that the Owners Management Company may reasonably request. It can be suggested that contact details (phone numbers, email addresses) for the owner(s), tenant(s) and emergency contact(s) could be considered a reasonable request.
What type of data do we keep?

Name, address, email, phone, interested parties, key holder names, key holder email, key holder phone, tenant names, tenant email, tenant phone, other general contact information, payment comment, general notes, email, transaction details, bank details.
Where is this data stored?

This data is stored in a database called Blockman which is operated on Amazon Web Services located in Ireland. Data stored and transferred is encrypted. Access is only granted to administrators associated with our office.
Who is this data shared with?

This data is shared only with similar Data Processors for the purpose described above. These Data Processors are:  Listed at the foot of this document in a section called ‘Classes of Processors’.
How long will the data be stored?

Your data will be maintained by us for as long as the contract between the Data Controller and us (the Data Processor) exists or for as long as required by Statute.

What if you sell the property?

There is still an obligation on the Data Controller to maintain adequate accounting records, and a list of past and present members of the Owners Management Company. However, if you sell the property only your name, address and transaction details are necessary to satisfy this requirement. All other contact details are erased.

 

Where we act as agents for Landlords:

Where did we get your data?

We received your data from you.

What is the purpose of processing your data?
You are party to a Tenancy to which you the Data Subject are bound. We have been appointed by the Landlord to arrange the Tenancy and / or administer the covenants of the Tenancy.
What is the lawful basis for this processing?

Processing is necessary for the performance of a contract to which the Data Subject is party

[ Article 6 GDPR (1)b ].
Processing is necessary for compliance with a legal obligation to which the Data Controller is subject [ Article 6 GDPR (1)c]. Namely:
The Residential Tenancies Acts 2004 to 2016
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
Property Services (Regulation) Act 2011 (Client Moneys) Regulations 2012
Property Services (Regulation) Act 2011

What type of data do we keep?
Name, address, phone, email, bank details, PPS numbers, references, ID, Anti Money Laundering.

Where is this data stored?

This data is stored in a database called Letman which is operated on Amazon Web Services located in Ireland. Data stored and transferred is encrypted. Access is only granted to administrators associated with our office.
Who is this data shared with?
This data is shared only with similar Data Processors for the purpose described above. These Data Processors are:  Listed at the foot of this document in a section called ‘Classes of Processors’.

How long will the data be stored?

Your data will be maintained by us for as long as the contract between the Data Controller and us ( the Data Processor ) exists or for as long as required by legislation.
What if your tenancy ends?

There is still an obligation on the Data Controller to maintain adequate accounting records. See above.
Where we act as agents for the sale of property:

 

Where did we get your data?

We received your data from you.
What is the purpose of processing your data?

The data is gathered to enable the sale of property.
What is the lawful basis for this processing?

Processing is necessary for the performance of a contract to which the Data Subject is party [ Article 6 GDPR (1)b ].
Processing is necessary for compliance with a legal obligation to which the Data Controller is subject [ Article 6 GDPR (1)c ]. Namely:
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
Property Services (Regulation) Act 2011 (Client Moneys) Regulations 2012
Property Services (Regulation) Act 2011
What type of data do we keep?

Name, address, phone, email, bank details, PPS numbers, references, ID, Anti Money Laundering.
Where is this data stored?

This data is stored in a database called Aquaint which is operated on private servers we run inside M&C Property. The data stored and transferred is encrypted. Access is only granted to administrators associated within our office.
Who is this data shared with?

This data is shared only with similar Data Processors for the purpose described above. These Data Processors are:  Listed at the foot of this document in a section called ‘Classes of Processors’.
How long will the data be stored?

Your data will be maintained by us for as long as the contract between the Data Controller and us ( the Data Processor ) exists or for as long as required by legislation.
Classes of Processors:
This data is shared only with similar Data Processors for the purpose described above. The categories of Data Processors are:
Access control specialists, Accountants/ Auditors / Tax Advisors, Architects, Banks, Builders, Building suppliers, Building Surveyors, Carpet Cleaning, Carpet Replacement, CCTV Maintainers and Suppliers, Cleaning Contractors, Database Management Systems, District Heating Specialists, Drain Companies, Electricians, Emergency after hours contractors, Engineers, Estate Agents, Fall Prevention Specialists, Fire equipment maintenance companies, Fire Inspectors, Fountain Maintenance companies, Furniture Suppliers, Garden Landscaping, General Maintenance, Information Technology Specialists, Insurance Adjusters, Insurance Assessors, Insurance Brokers, Intercom Systems, Key Cutting companies, Landscaping contractors, Lift Service engineers, Locksmiths, Painting Contractors, Parking control companies, Pest Control companies, Photographers, Plumbing contractors, Project Managers, Pump maintenance companies, Refurbishment companies, Refuse / Recycling companies, Repairs and maintenance companies, RTB, Security Companies, Solicitors / Legal Advisors, Tarmacadam / Road surfacing companies, Tree Surgeons / Arborists, Utility Companies, White goods supply companies, Window Cleaning, Window / Glass installation and replacement companies.

This list is large, we have had to deal with these classes at various times in our various departments and at times these processors have to deal with property owners and tenants.
What are your rights?
You have a right to be informed.
You may request a copy of your data stored.
You may request correction to any erroneous data.
You may request deletion of data, if not in violation of statutory or contractual requirements.
You may lodge a complaint to the controller or object to processing.
You may lodge a complaint to the Supervisory Authority.
You may withdraw consent if processing originally required consent.
What happens in the event of a Data Breach?
In the case of a data breach, the Data Controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the Supervisory Authority and Data Subject, if the personal data breach is likely to result in a risk to the rights and freedoms of natural persons.
Changes to this Notice

This Policy may be subject to change the latest version will always be on our website.
You can find more information here:

GDPR Act 2016 (pdf): https://www.blockman.ie/downloads/gdpr_act_2016.pdf
GDPR Act Easy Read:  https://gdpr-info.eu
Official GDPR Website:  https://www.eugdpr.org