Tenant privacy notice template
This is an English version of the Polish template; landlords may use it for English-speaking tenants.
A landlord who enters tenant data into Loftsplit is the controller of that data and must inform tenants about the processing (Article 13 GDPR). The template below can be attached to the tenancy agreement or sent to the tenant by e-mail. The fields in square brackets must be completed, and the scope adapted to the data the landlord actually collects. If the rent is paid by a person other than the tenant, the landlord gives this information to that person as well: at the latest at the first contact with them, and in any case within one month of obtaining their data (Article 14(3) GDPR). The template does not replace legal advice.
Information on the processing of personal data
- Controller. The controller of your personal data is [full name or business name of the landlord], [address], [e-mail address, telephone]. [If a data protection officer has been appointed: their contact details.]
- Purposes and legal bases of processing. Your data is processed:
- to conclude and perform the tenancy agreement, including settling rent, the deposit, advance payments and utility costs, reminding you by e-mail of upcoming and overdue payments, and to contact you about the tenancy (Article 6(1)(b) GDPR);
- to fulfil the landlord’s legal obligations, in particular tax and accounting obligations (Article 6(1)(c) GDPR);
- to establish, pursue or defend claims and to make your settlements and payments available to you in the tenant portal (Article 6(1)(f) GDPR; the landlord’s legitimate interest is settling the tenancy and giving the tenant clear information).
- Data processed. Full name, e-mail address, telephone number, [correspondence address, NIP (tax identification number)], tenancy agreement data (unit, term, rent, deposit, advance payments, number of occupants), payments (including the name and number of the account from which a payment was made) and payment reminders sent, meter readings in the unit and settlements of costs.
- Recipients. The data is processed in the Loftsplit application, run by LURIP Michał Kozioł, ul. Zabierzowska 23P/1, 32-005 Niepołomice, Poland, as processor under a data processing agreement; the application servers run in Poland, and LURIP uses the providers on the list of subprocessors on loftsplit.com. The data may also be received by [accounting firm, bank, repair contractors, property manager] and by public authorities where the law requires it.
- Transfers outside the EEA. The data is stored in the European Economic Area. Traffic of the Loftsplit application passes through the Cloudflare network, which may process the data in transit in the United States based on the European Commission’s decision on the EU–US Data Privacy Framework. [Add other services from outside the EEA if the landlord uses them.]
- Retention period. For the duration of the tenancy agreement and, after it ends, until the limitation periods for claims arising from the tenancy expire and until the limitation period for tax liabilities expires (5 years from the end of the calendar year in which the tax payment deadline passed). Access to the tenant portal expires 12 months after the end of the last agreement.
- Your rights. You have the right to access your data, to rectification, to erasure, to restriction of processing, to portability of data processed on the basis of a contract, to object to processing based on legitimate interest and to lodge a complaint with the President of the Personal Data Protection Office (Prezes UODO, ul. Stawki 2, 00-193 Warszawa).
- Obligation to provide data. Providing the data is a condition for concluding the tenancy agreement; without it, the agreement cannot be concluded or settled. Providing an e-mail address is voluntary, but without it you cannot receive settlements by e-mail or use the tenant portal.
- Automated decisions. The data is not used for decisions based solely on automated processing, including profiling. Settlement amounts are calculated in the application using the split method described in each settlement, and the final decision on the settlement is made by the landlord.
- Source of data. You provide the data. Data on payments also comes from the landlord’s bank account statements, and meter readings come from readings taken in the unit [or from utility providers].