Website Terms and Conditions 2018
Information about Moda Living
Moda Living Ltd ("We", and “Moda Living”); is a Company registered in England and Wales under registration number 09109087. The registered office is Castlegarth Grange, Scott Lane, Wetherby, LS22 6LH. Our VAT number is 518385821.
Terms of website use
The website www.modaliving.com is operated by Moda Living. Please read these terms of use carefully before you start to use the website. By using our website, you indicate that you accept these terms of use and those covered within our GDPR Privacy Notice. If you do not agree to these conditions, please refrain from using Moda Living’s website.
Reliance on information posted & disclaimer
The content on our website is provided for general information purposes only and does not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
Moda Living Ltd do not accept any responsibility for any loss which may arise from accessing, or reliance on, the information on this website and to the fullest extent permitted by English law, we exclude all liability for loss or damages directly or indirectly arising from use of this website.
Accessing our website
Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if, for any reason, our website is unavailable at any time or for any period.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Moda Living website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
You must not use any part of the materials on the website for commercial purposes without obtaining a licence to do so from Moda Living or our licensors.
If you print off, copy or download any part of our website in breach of these terms of use, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Website changes
Moda Living aims to update the website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.
Our liability
The material displayed on the website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time;
and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our website
Moda Living process information about you in accordance with our privacy notice. By using our website, you consent to such processing, but have the right to withdraw your consent at any time and you warrant that all data provided by you is accurate.
Viruses, hacking and other offences
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.
You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
Moda Living will not be liable for any loss or damage caused by a distributed denial-ofservice attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
Links from Moda Living’s website
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Moda Living has no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website.
These terms of use, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales.
Trade marks
Moda Living A Design For Life &Device is a UK registered trade mark with registered trade mark number UK00003081315 of Moda Living Limited.
Variations
Moda Living may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website.
Your concerns
If you have any concerns about material which appears on our website, please contact us by email or by post: The Compliance Manager, Moda Living Ltd, Strayside House, West Park, Harrogate HG1 1BJ. Telephone 01423 560200 or at dpo@modaliving.com.
Thank you for visiting the Moda Living website.
Cookies:
Moda uses cookies to personalise content and adverts, to provide social media features and to analyse visitor traffic. Cookies are a string of information that the website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Those website visitors who do not wish to have cookies placed on their computer should decline when the website prompts, however the Moda website will still add a single cookie.
Moda may also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. Moda also uses cookies for technical purposes, this includes allowing the website to perform certain functions, and for performance purposes, in order to collect information on how you interact with the website which can then be used to improve the website’s functionality.To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.
The Moda website uses the following cookies:
Performance cookies
GA - This cookie name is associated with Google Universal Analytics - which is a significant update to Google's more commonly used analytics service. This cookie is used to distinguish unique users by assigning a randomly generated number as a client identifier. Expires after two years.
GID - This cookie name is associated with Google Analytics. It is used by gtag.js and analytics.js scripts and according to Google Analytics this cookie is used to distinguish users. Expires after one day.
GAT - This cookie name is associated with Google Universal Analytics, according to documentation it is used to throttle the request rate - limiting the collection of data on high traffic sites. It expires after 10 minutes.
Targeting cookies
_fbp - Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers. Expires after three months.
fr - Used by Facebook contains browser and user unique ID combination, used for targeted advertising. Expires after three months.
YSC - used by YouTube, this cookie is set by YouTube to track views of embedded videos. Expires after a Session.
VISITOR_INFO1_LIVE - used by YouTube, the cookie is set by YouTube to keep track of user preferences for YouTube videos embedded in sites; it can also determine whether the website visitor is using the new or old version of the YouTube interface. Expires after 6 months
GPS - used by YouTube to determine your location, expires after 30 minutes.
IDE – used by doubleclick.net, the cookie carries out information about how the end user uses the website and any advertising that the end user may have seen before visiting the said website. Expires after 12 months.
For more information please contact:
The Data Protection Officer
Moda
Strayside House, West Park, Harrogate HG1 1BJ
Telephone: 01423 560200 or email: dpo@modaliving.com
1 - Scope
This Privacy Policy is split into three sections:
Section 1 - covers all Data Subjects including enquiries, residents and employees
Section 2 - applies only to Residents
Section 3 - applies only to Residents using the MyModa App
A Privacy Policy Addendum is available for employees, please ask your manager.
This document refers to personal data, which is defined as information concerning any living person (a natural person who hereafter will be called the Data Subject) that is not already in the public domain.
The 2018 Data Protection Act and the UK General Data Protection Regulation (UK GDPR), along with the Privacy and Electronic Communications Regulations (PECR), seek to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data and protect against the unlawful processing of personal data.
This Privacy Policy is for Moda Living Ltd, Moda Life Management Ltd and for other the trading names, which are all listed below:
Moda Life Management Ltd - ICO registration ZA817563
Moda Living Ltd - ICO registration ZA817519
Angel Gardens Opco Limited, Angel Gardens, Manchester - ICO registration ZA600499
Broad Street Opco Limited, The Mercian, Birmingham - ICO registration ZB284248
Soyo Opco Limited – New York Square, Leeds - ICO registration ZB332956
Springside Opco Limited – The McEwan, Edinburgh - ICO registration ZA831163
Tower One Opco Limited – The Lexington, Liverpool - ICO registration ZA831156
For the purposes of data protection and this Privacy Policy all entities will be referred to as Moda. In the event of any differences in data processing the relevant company name will be used in full.
Moda is pleased to provide the following information:
2 - Who we are
Moda is a developer and operator of homes for rent in the UK.
3 - Personal data
a) The business uses the information collected from you to provide quotations, make telephone contact and to email you information concerning your enquiry.
For those with tenancy agreements with Moda, additional information may need to be collected. Only that information necessary for Moda to fulfil its contractual obligations will be collected.
b) For marketing purposes, Moda may use the contact details provided by you to respond to your enquiries including making telephone contact and emailing information to you which we believe may be of interest to you.
c) When you make initial contact, including through website enquiries, you consent to Moda maintaining a marketing dialogue with you until you either opt out (which you can do at any stage) or we decide to desist in promoting our services. At all times, the business will work hard to be fully UK GDPR compliant.
d) Some personal data may be collected about you from the forms and surveys you complete, from records of our correspondence, when you visit us, from phone calls and details of your visits to our website, including but not limited to personally identifiable information like Internet Protocol (IP) addresses.
e) The business will only collect the information needed so that it can provide you with the services it provides; Moda does not sell or broker your data.
f) Moda Residents are required to use the Moda App called MyModa for certain building activities, which is a contractual part of your tenancy agreement. More details concerning the Privacy Policy about MyModa are contained in a separate policy document titled Data Privacy Extra MyModa, which will appear during the first time you use the MyModa App.
g) Telephone calls may be recorded for training and security reasons and this will be announced at the start of the call. Where recorded, call data is retained no longer than six months unless it is required longer for legal reasons.
h) Further information exclusively pertaining to data protection and employees is covered in their employment contract and the Company Handbook.
4 - Legal basis for processing any personal data
To meet our contractual obligations to residents and legitimate interests when responding to enquiries concerning the services provided.
For potential and existing residents Moda seeks your explicit consent to the sharing of your data with certain third parties, but only where special categories of personal data are involved such as in certain circumstances medical information, which it may need to share to protect you or supply the services it is contracted to provide you. Moda will only share data where necessary to provide the services it is contracted to provide, to enforce our contractual rights and to protect residents from harm as part of our duty of care.
5 - Legitimate interests pursued by the business
To promote Moda’s building and homes for rent. Communications may include direct mail, email, newsletters, telephone calls, social media and any other channels to reach those who may be interested in renting or using the facilities provided by the business.
6 - Your agreement
Through agreeing to this Privacy Policy, you are agreeing to Moda processing your personal data for the purposes outlined. You can withdraw agreement at any time by using the postal or email address or telephone number provided at the end of this Privacy Policy.
7 - Disclosure
Moda will keep your personal information safe and secure, although our administration team will have access to your contact details so that they can manage your account. Some of the services used to support the business such as marketing, website management, the MyModa App, legal and debt collection services are outsourced from third-party suppliers.
Moda will always put in place with these third-party suppliers a processing agreement and will only share personal information with them where required to meet your requirements or to support our legitimate interests or contractual obligations.
In certain circumstances the business may need to disclose your Personal Information to meet legal, regulatory or valid governmental requests.
Moda may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of its staff.
8 - Retention policy
Moda will process personal data for the duration of any business dealings and will continue to store only the personal data needed for up to eight years after any contract has expired to meet any legal obligations. After eight years all personal data will be deleted, unless basic information needs to be retained by us to meet our future obligations to you, such as erasure details and/or liabilities. For more details a copy of Moda’s Document Retention Schedule is available on request.
9 - Data storage
Data is predominantly processed within the UK and through HubSpot a US based supplier. For your protection HubSpot and Moda have signed Standard Contractual Clauses to allow overseas data transfers. Certain personal data is also held within Microsoft SharePoint for Business.
10 - Your rights as a data subject
At any point whilst Moda is in possession of or processing your personal data, all data subjects have the following rights:
• Right to information - you can ask for information about what data is being processed and the rationale for such processing.
• Right of access – you have the right to request a copy of the information that we hold about you.
• Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
• Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
• Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.
• Right of portability – you have the right to have the data we hold about you transferred to another organisation.
• Right to object – you have the right to object to certain types of processing such as direct marketing.
• Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.
In the event that Moda refuses your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge.
At your request, Moda can confirm what information it holds about you and how it is processed.
11 - You can request the following information:
• Identity and the contact details of the person or organisation that has determined how and why to process your data.
• 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 Moda and information about these interests.
• The categories of personal data collected, stored and processed.
• Recipient(s) or categories of recipients that the data is/will be disclosed to.
• How long the data will be stored.
• Details of your rights to correct, restrict, object to processing and rights to erasure.
• Information about your right to withdraw consent at any time.
• How to lodge a complaint with the supervisory authority (ICO).
• 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 you 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.
12 - To access what personal data is held, identification will be required
Moda will accept the following forms of ID when information on your personal data is requested: a copy of your driving licence, passport, birth certificate and a utility bill not older than three months.
A minimum of one piece of photographic ID listed above and a supporting document is required. If Moda is dissatisfied with the quality, further information may be sought before personal data can be released.
All requests should be made to dpo@modaliving.com or by phoning 01423 560200 or writing to us at the address below.
13 - Complaints
In the event that you wish to make a complaint about how your personal data is being processed by Moda you have the right to complain to us. If you do not get a response within 30 days you can complain to the ICO.
The details for each of these contacts are:
Moda Life Management and Moda Living
Attention: The Data Protection Administrator
Central House, Beckwith Knowle, Otley Road, HG3 1UG
Telephone: 01423 560200 or email: dpo@modaliving.com
ICO
Wycliffe House, Water Lane, Wilmslow, SK9 5AF
Telephone: 0303 123 1113 or email: https://ico.org.uk/global/contact-us/email/
Resident Addendum Privacy Policy
14 - Lawful basis for processing your personal data
Where possible your personal data will be processed using contractual as the applicable lawful basis for processing. In certain circumstances such as providing useful information like the newsletter, we will be relying on legitimate interests. For medical and other categories of special data Moda will seek your explicit consent. For expediency, Moda seeks your explicit consent to the sharing of your data with certain third parties as this could involve some medical information, which it may need to share to protect you or supply the services it is contracted to provide you. Moda will only share data where necessary to provide the services it is contracted to provide, to enforce our contractual rights and to protect you the tenant.
15 - Consent
By signing your tenancy agreement, you explicitly consent to Moda sharing your details where required with any relevant landlord’s agent or consultant and retain any of the personal information you provide including special categories of personal data for the purpose of administering your tenancy agreement, to protect you and to support the delivery of services in relation to the lease, including the MyModa app.
16 - MyModa
The MyModa app allows residents access to certain facilities and services during the course of their tenancy agreement.
Some of these features such as access to the building and managing certain service providers are a mandatory part of this lease agreement, which require the use of a smartphone running either iOS or an Android device to run the MyModa app. It is also possible to access certain services (but not all) from a web browser.
17 - Moda and external service partners
As a matter of policy, you should not be contacted by Moda or by any other service partner to market any products or services that do not relate to your tenancy agreement and/or the options available from the MyModa app.
18 - Moda promotional material
When you are contacted to introduce a newsletter, survey, service provider or other promotional material relating to your tenancy, you will be given the opportunity to opt out of these if you so wish, and the same opportunity to unsubscribe from any subsequent communications.
19 - Service emails
Certain information appertaining to the contractual aspects of your tenancy agreement and building management will continue to be sent to you even if you have unsubscribed out of receiving promotional information.
20 - Mandatory information
Some services provided through the MyModa app, such as access to your apartment, are a compulsory part of this lease agreement. However, you can also opt out of notifications about promotions and events offered by Moda's third-party service partners.
21 - Our use of your personal information
Moda will need to use your personal data to provide the services Moda is contracted to provide you, as detailed within this tenancy agreement. A copy of the personal information that is processed and further details of your rights can be accessed via Section 1 of this privacy notice. If you have any questions, please contact Moda's data protection officer, using the contact details also at the end of Section 1.
Resident Addendum MyModa App Privacy Policy
22 - About the MyModa app
To help you understand the privacy issues relating to the MyModa app we have produced this guide, which we would ask you to spend a few minutes to read.
MyModa is an app, designed and administrated by Spike Global Limited. The app allows residents access to certain information, facilities and services during the course of their tenancy agreement.
23 - Data security
For your security all service providers using the app have signed a MyModa data processing agreement. This is a legally binding document to protect your personal data. In addition, other contractual arrangements are also in place to protect your personal data. Please see ‘Data Privacy MyModa’ which is also available when you download the app or sign up to the MyModa resident portal.
24 - MyModa features
Certain features such as access to the building are mandatory, which require the use of a smartphone running either iOS or an Android device to run the MyModa App.
The core features provided by MyModa are required by residents to gain building access and enjoy the benefits of their residency.
25 - MyModa and Canopy
When you apply for a tenancy agreement, you will initially be directed to apply through Canopy, a credit reference service that operates independently of Moda Living. Canopy operates its own website and app and this should not be confused with MyModa. Canopy will only share your credit scoring and other details appertaining to your application for a tenancy agreement with Moda Living and Moda Life Management Limited when you have given your consent.
The provider’s details are: Canopy, which is the trading name of InsureStreet Limited. First Floor, Buckhurst House, 42/44Buckhurst Avenue, Sevenoaks, Kent, England, TN13 1LZ
https://www.canopy.rent/legal
26 - MyModa App access
Subject to your agreement and appropriate scoring and other checks, Moda Living will make a tenancy offer to you. Once finalised Moda will make available its MyModa App.
27 - MyModa mandatory features
The App provides certain core mandatory facilities for all residents.
27.1 Door access - the door entry part of the app is provided by a third-party supplier called SALTO Systems which also owns Clay. Salto Systems and Clay allow entrance to the front door and your apartment. Salto also accesses the building cameras so that you can see who is at your apartment door before opening it.
The supplier details are: SALTO Systems UK, South, Unit 1 The Court, Holywell Business Park, Northfield Road, Southam, Warwickshire - CV 47 OFG and Head Office Spain.
The provider’s Privacy Policy is available here: https://www.saltosystems.com/en/legal/privacy-policy/
27.2 MyModa maintenance support - this allows residents to be notified of essential maintenance in the building. Residents can also book property repairs with the onsite Moda team. Where details need to be shared with external contractors, the amount of personal information given to them will be the minimum necessary to complete the required work. Any third-party suppliers are signatures to a legally binding processing agreement.
27.3 Energy bills – Amber, via Community Utilities, provides a paperless bill management service for handling all your water, gas and electricity payments.
The supplier details are: Amber, One Central Square, Cardiff, CF10 1FS
The provider’s Privacy Policy is available here:
https://www.amberenergy.net/privacy
27.4 Bringme - offers a parcel service for residents and couriers. By signing up to Bringme Box when you move in you can benefit from 24-hour access to a secure parcel locker designed to suit all parcel sizes. Automatic delivery of parcels and correspondence, which will be left in your locker in reception. Bringme can provide an electronic signature and eliminates the need for you to wait for delivery people.
Bringme operates its own website and app and this should not be confused with MyModa.
The provider’s details are: Bringme, 6 - 8 Bonhill Street, London EC2A and the Netherlands
https://help.bringme.com/hc/en-us/articles/360004883893-Privacy-Policy
27.5 Hero - provides smart, multi-channel, and integrated health engagement experiences. Additional facilities offered such as health checks are optional opt-in items. Personal health data is not shared with Moda.
27.6 Utopi - provides an ongoing analysis of energy data and the usage of your apartment, as well as in the amenity spaces including the dining room, gym and building. All data is retained in an anonymised encrypted format and personal identifiable data is not collected. The data is used for best practice management and the data specifically about your apartment is provided to each resident individually via the MyModa app so that they can see the energy usage of their apartment and other useful information.
If you have any data protection questions concerning the MyModa app please contact Moda by using the contact details at the end of Section 1.
Employees
28 - Separate Privacy Policy Addendum just for employees
A separate Privacy Policy Addendum is provided just for employees, please ask your line Manager for a copy.
Your reservation payment will be non-refundable in the following circumstances:
We will refund your money, in full, if Moda decides to withdraw for any reason or is unable to enter into the tenancy.
Your first month’s rent is due as a single transaction via direct debit, as standard, before your move in date. Please note we do not have the facilities to accept cash. Please speak to the leasing team for other payment requirements.
We will contact you again to confirm balances due before move in.
You acknowledge that we will use your name, address and contact details for the purposes of progressing your application and subsequently for notifying your council tax, water and energy suppliers at the property and for the purposes of setting up your accounts with them.
It is important that you read and understand the above terms and conditions and please contact us directly or seek independent advice if further help is needed.