Privacy Policy

Native Land and BY2 Joint Controller Privacy Notice for Opus London

1 Introduction

1.1 Identity

We are:

• Native Land Limited, registered under company number 08010304 with its registered office at The Pavilion, 118 Southwark Street, London SE1 0SW (Native Land); and
• BY2 Resi Co Limited, registered under company number 150941 with its registered office at 47 Esplanade, St Helier, Jersey JE1 0BD (BY2).

1.2 Opus London

Together, we, Native Land and BY2, are working to develop and market Opus London, comprising high quality apartments which will form part of the Bankside Yards development in Southwark, London (Opus London).

As part of this collaboration, Native Land is acting as marketing and sales manager for Opus London.

1.3 Our use of your personal information

Native Land’s role as marketing and sales manager will see it collect and share information, including personal information, with BY2 about prospective and actual Opus London purchasers.

For the purposes of UK data protection laws, Native Land and BY2 are joint controllers of the personal information about you as a prospective or actual Opus London purchaser that is processed for the purposes set out in this privacy notice.

This means that both organisations work together to decide why and how your personal information is processed. It also means that we are jointly responsible to you under UK data protection laws for that processing.

2 This privacy notice

2.1 What is its purpose?

This privacy notice applies specifically to the personal information Native Land and BY2, as joint controllers, process about you as a prospective or actual Opus London purchaser for the purposes set out in this privacy notice.

We take data privacy very seriously and this privacy notice is designed to help you understand how and why we use your personal information.

2.2 Making this privacy notice available to you

Native Land and BY2 have agreed that Native Land will be responsible for making this privacy notice available to you.

This privacy notice is dated October 2024.

2.3 Updating this privacy notice

We may update this privacy notice at any time. We will take reasonable measures to communicate any substantial changes that we make to this privacy notice to you – for example, by posting an updated version of this privacy notice on the Opus London website, or by sending you an updated version of this privacy notice by email. We also encourage you to check this page from time to time for any changes.

2.4 Other relevant privacy notices

Please note that Native Land and BY2 may also process your personal information other than in connection with the marketing and sale of Opus London. For example, Native Land may use your personal information from time to time to contact you about other residential properties it is offering for sale. In such circumstances, they will not act as joint controllers and will each be solely responsible for the processing activities that they undertake.

Please see Native Land’s privacy notice here to find out more about how and why Native Land processes your personal information for its own separate purposes.

3 Your personal information

3.1 What is personal information?

Personal information is any data relating to an identified or identifiable natural person who can be directly or indirectly identified from that data. This includes obvious things like your name, address and telephone number but can also include less obvious things like personal identifiers. There are different types of personal information. The most important types for you to know about are:

• Special categories of personal information – these categories of personal information have additional protection under UK data protection laws. These categories include information about your health, racial or ethnic origin, political opinions, religious or philosophical beliefs and trade union membership, your genetic data and biometric data, and information concerning your sex life or sexual orientation.
• Criminal convictions information – this is information relating to your criminal convictions and offences. UK data protection laws restrict the way in which we can use this information when compared to, for example, your name and address.

3.2 Why are we collecting personal information about you?

We will collect and share your personal information with each other in connection with the marketing and sale of Opus London. For more information about how we will use your personal information, see section 4 below.

3.3 What personal information do we process about you?

The main types of personal information we process about you are:

3.4 Where do we collect your personal information from?

We may collect your personal information from various sources, including:

• directly from you;
• your employer or the organisation that you represent, work for or own;
• third party service providers;
• sales agents appointed to market and sell Opus London; and
• publicly accessible registers or sources of information.

4 Our use of your personal information

4.1 How do we use your personal information and what are our legal grounds for doing so?

We may process your personal information in many different ways – including by collecting, recording, organising, storing, analysing, modifying, extracting, sharing, deleting and/or destroying it.

In this section we set out in more detail:

• the main purposes for which Native Land and BY2 process your personal information; and
• the legal bases upon which we are processing your personal information.

Please note that Native Land, in its role as marketing and sales manager, will be primarily responsible for the marketing, pre-sales and post-sales related activities set out below, albeit BY2, as the owner of Opus London, will enter into the sales agreements.

4.2 Key information

Please note that certain information must be provided to us so that BY2 can enter into a contract for sale with you, such as your contact details, identification details and financial details. Certain information may also be required so that we can comply with our regulatory obligations, including compliance with money laundering regulations. If you do not provide us with this information, we may not be able to proceed with the letting or purchase of the relevant property.

4.3 Do we share your information with anyone else?

In addition to Native Land sharing your information with BY2 as joint controllers, both Native Land and BY2 may share your information in the following circumstances:

• where it is necessary or appropriate for the purposes for which we hold your information and we have a lawful basis for doing so, we share your relevant information with other companies within the BY2 and Native Land groups; 
• in order to operate our businesses efficiently, we require the assistance of various external service providers, particularly in relation to our IT systems and where companies carry out due diligence checks on prospective purchasers on our behalf;
•  we may disclose your information to other property management and letting agencies and estate agents to assist with the marketing and sale of Opus London;
• in connection with a sale or business transaction. If we sell our business or undergo another business transaction (such as a reorganisation, merger, joint venture, assignment, transfer, or other disposition of any or all portion of our business, assets, or stock, including in connection with any bankruptcy or similar proceedings), then your information may be shared with, or transferred to, a third party. In such circumstances, we will require each such third party to keep your information safe and confidential;
• to protect the rights, property and safety of Native Land, BY2 and others. Such information will be disclosed in accordance with applicable laws and regulations. This includes where we share information with other parties in the context of litigation discovery and in response to subpoenas and court orders; and
• we share your personal information with other third parties, such as relevant public and government authorities, including regulators and law enforcement bodies, where we are required or requested to do so to comply with legal or regulatory requirements.

5 Other important things you should know

5.1 Keeping your personal information safe

We take security issues seriously. We implement appropriate steps to help maintain the security of our information systems and processes and prevent the accidental destruction, loss, or unauthorised disclosure of the personal information we process.

5.2 Profiling and automated decision making

We do not use profiling (where an electronic system uses personal information to try and predict something about you) or automated decision making (where an electronic system uses personal information to make a decision about you without human intervention).

5.3 How long do we keep your personal information?

We keep your personal information for no longer than is necessary for the purposes described in this privacy notice.

Our retention periods are based on the requirements of relevant data protection laws and the purpose for which the information is collected and used, considering legal and regulatory requirements to retain the information for a minimum period, limitation periods for taking legal action, good practice, and our business purposes.

5.4 Cross border transfers of your personal information

We may transfer personal information collected about you outside of the UK.

Where we transfer your personal information across national boundaries, we will protect your personal information by ensuring that those transfers are made in compliance with all relevant data protection laws.

6 Your rights

6.1 What are your rights?

You have rights in respect of your personal information and this section explains a bit more about those rights. If you would like more information about any of your rights, please contact us using the contact details below.

Under certain conditions you may have the right to require us to:

• provide you with further details on the use we make of your personal information;
• confirm whether we are processing any of your personal information and (where this is the case) provide you with access to a copy of the personal information we hold about you;
•  update any inaccuracies in the personal information we hold about you;
• delete any of your personal information that we no longer have a lawful ground to use;
• where processing is based on consent, stop that processing by withdrawing your consent (which you may do at any time);
• object to any processing based on our legitimate interests unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights;
• restrict how we use your personal information whilst a complaint is being investigated; and/or
• transfer your personal information to you or to a third party in a standardised machine-readable format.

6.2 Responding to your requests

Native Land and BY2 have agreed that Native Land will be the primary contact for, and primarily responsible for responding to, requests from individuals to exercise their rights. However, this does not affect your right under UK data protection laws to exercise your rights directly with BY2 in relation to your personal information held by BY2.

To exercise any of your rights, please contact in the first instance philip.blackman@native-land.com.

7 Data protection concerns or complaints

The UK Information Commissioner’s Office (ICO) is the supervisory authority which regulates this joint controller arrangement. You have the right to make a complaint to the ICO at any time about our processing of your personal information under this joint controller arrangement. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance using the contact details below.

You are important to us, and so is protecting your personal information. We have high standards when it comes to collecting and using personal information. For this reason, we take any complaints we receive from you about our use of your personal information very seriously and request that you bring any issues to our attention.

7.1 Responding to your concerns or complaints

Native Land and BY2 have agreed that Native Land will be the primary contact for, and primarily responsible for responding to, any data protection concerns or complaints you or the ICO have around this joint controller arrangement. However, this does not affect your right under UK data protection laws to contact BY2 directly about your concerns or to raise a complaint.  

To raise a concern or make a complaint, please contact in the first instance philip.blackman@native-land.com.

7.2 Contacting the ICO

If, in respect of this joint controller arrangement, you are not satisfied with our use of your personal information or our response to any request by you to exercise your rights, or if you think that we have breached UK data protection laws, then you have the right to complain to the ICO. Details of the ICO can be found at https://ico.org.uk.

8 Further information about our joint controller arrangement