Canopy Terms of Service

Dated: 15th May 2018

1. INTRODUCTION

By signing up for an account with Canopy, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). These Terms of Service are to be read in conjunction with:

  • our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you or others provide to us; and
  • our Cookies Policy, which sets out information about the cookies we use.

These Terms of Service are important. Please read them carefully as they contain details of our statutory and regulatory responsibilities to you, and your contractual obligations to us. They also set out the basis on which we provide, and you are permitted to use, the various services made available on the website www.findyourcanopy.com and the mobile application known as ‘Canopy’ (together, the “Platform”), including the following:

  • creating a RentPassport;
  • arranging deposit replacement insurance;
  • RentTracking through Open Banking
  • managing cash deposits and processing payments; and
  • providing a communication platform between tenants, landlords and real estate agents,

(the “Services”). Any new services, features or tools which are added to the Platform from time to time shall be considered a Service and shall also be subject to these Terms of Service, unless indicated otherwise.

If you do not agree to these Terms of Service, please do not create an account or use the Platform.

You can review the current version of the Terms of Service at any time on this page. We reserve the right to change the Terms of Service at any time by posting updates to this page. If we make substantial changes, or if we are required to do so by law, we will notify you of such change in advance to the email address associated with your Canopy account, but it is your responsibility to check this page from time to time to make sure you’re aware of any changes to these Terms of Service.

2. INFORMATION ABOUT US

Canopy is the trading name of InsureStreet Limited (“Canopy”, “we”, “our” or “us”), a company registered in England and Wales. Our registered office is at 5th Floor, Berners House, 47-48 Berners Street, London W1T 3NF.

With respect to insurance products, InsureStreet Limited (trading as Canopy) is an agent of Hiscox Insurance Company Limited of 1 Great St. Helen’s, London, EC3A 6HX (the “Insurance Provider”) and acts only on behalf of the Insurance Provider and for no other person with respect to insurance products. Contracts of insurance arranged by Canopy are underwritten by the Insurance Provider, and Canopy acts as a coverholder (meaning we arrange and administer policies as agent of the Insurance Provider in terms of accepting the risk, collecting the premium and issuing documentation) for the Insurance Provider in all circumstances

InsureStreet Limited (trading as Canopy) is an appointed representative of Ambant Underwriting Services Limited of Marlow House, 1a Lloyd’s Avenue, London EC3N 3AA, a company which is authorised and regulated by the Financial Conduct Authority. Ambant’s Financial Services Register number is 597301. You can verify these details by visiting the FCA’s website (www.fca.org.uk/register).

You can contact Canopy at anytime by emailing customer.relations@findyourcanopy.com.

3. ACCOUNT

3.1. Account Set-up and maintenance

To use our Services, you must first register for an account on the Platform (“Canopy Account”). In the case of a company, by registering for a Canopy Account, you warrant that you have authority to bind the company (as the contracting party) to these Terms of Service. In the case of an individual, by registering for a Canopy Account, you warrant that you are:

  • 18 years of age or older;
  • An EEA or Swiss national living in the UK; and
  • A person who has the right of abode in the UK, or who has been granted indefinite leave to remain or has no time limit on his/her stay in the UK.

You hereby represent and warrant that the information you provide to Canopy upon registration, including information provided through your Linked Accounts (as defined below), and at all other times, will be true, accurate, current, and complete. You will ensure that this information is kept up-to-date at all times.

You are responsible for any use of our Services with your Canopy Account details and password, and for protecting your Canopy Account details and password from unauthorised use. You must not share this information with any other person. You are also responsible for the security of any computer from which you choose to sign in to your Canopy Account.

We reserve the right to refuse to register or to delete your Canopy Account if you have previously had a Canopy Account deactivated by us due to your breach of these Terms of Service (or earlier versions thereof).

3.2. Linked Accounts

Canopy may, now or in the future, allow you to link your Canopy Account to your account(s) on third party services, such as social networking sites (“Linked Accounts”). If you link your Canopy Account to a Linked Account, you are authorising Canopy to access and collect information associated with your Linked Account (the precise information depending on the permissions of the applicable third party service provider) on your behalf in order to integrate your experience on the Platform with content, information, and features available through such Linked Accounts. Linking, accessing or using a third party service through the Platform in this manner may be subject to additional terms established by the applicable third party service provider, and it is your sole responsibility to comply with such third party terms.

4. ACCESS TO THE WEBSITE

Canopy will make reasonable efforts to make the Platform and Services available 24 hours a day, 7 days a week. Notwithstanding this, you hereby acknowledge that your use of the Platform and the Services may be interrupted from time to time, for example, when we perform maintenance services or as a result of delays or delivery failures resulting from the use of communications networks and facilities.

Access to the Platform and use of the Services is provided on an “as is” basis which means that we do not warrant the Platform or Services will be error-free at all times, and we shall not be liable to you for failure of the same.

5. SERVICES

We will provide the Services using reasonable skill and care and in accordance with our legal and regulatory obligations.

We reserve the right (without liability to you or prejudice to our other rights) to suspend your access to or use of the Services (including through deactivation of your Canopy Account) without notice in the event you breach, or we reasonably suspect that you have breached or will breach, these Terms of Service.

Please note below the additional terms and conditions that apply to your use of particular Services. If you are someone that is renting or looking to rent a property, you are referred to as a “Renter”. If you

own a property, or multiple properties, that you rent, or wish to rent to Renters, you are referred to as a “Landlord” (Landlord includes institutional and build-to-own landlords). Any agent that acts on behalf of a Landlord to market properties for rent to Renters is referred to as a “Letting Agent”.

5.1. RentPassport and TrustScore

Our RentPassport provides Renters with a digital renter identity and rental history, which they can share with Landlords or Letting Agents. Our TrustScore is our measure of each Renter’s creditworthiness and trustworthiness, and allows a Landlord to assess whether or not a Renter will be a good tenant.

We will ask Renters for certain information about themselves, which we will then use, together with information that we obtain from various third parties, to create each Renter’s individual RentPassport, and their individual TrustScore.

A Renter using Canopy’s platform to rent a residential property will be required have in place a 6 week deposit (cash or DepositFree) at all times throughout the term of the tenancy agreement in the same property including rolling tenancies.

As a Renter, you warrant that all information you provide to us when creating your RentPassport is true, accurate, complete and up-to-date, and complies with all other requirements under Section 7.2 ‘Prohibited Content’. You acknowledge that the information you give to us will be relied upon in order to create your RentPassport and to determine your individual Trust Score and may be relied upon by Landlords or Letting Agents when deciding whether or not to enter into a tenancy agreement with you. It is your sole responsibility to ensure this information is accurate, and to inform us of any changes to the information you have provided.

We will only disclose your RentPassport and your TrustScore to people to whom who you instruct us to do so, including but not limited to Landlords, Letting Agents, the Insurance Provider (or any other insurance provider we may select from time to time) and Experian (or such other credit reference agency as we may select from time to time to help us compile your TrustScoreTM or RentTracking for your credit report.)

In order to enable us to compile your RentPassport and TrustScore, as a Renter, you consent to us obtaining the following information about you from relevant third parties:

  • Confirmation of your identity;
  • Confirmation of your date of birth;
  • Information regarding your credit history;
  • Confirmation of your right to reside in the United Kingdom;
  • Confirmation of those addresses at which you are registered as residing (e.g. voting register, credit agencies, telephone databases).
  • Confirmation of any legal and regulatory warnings issued against you;
  • Confirmation of your mortality;
  • Confirmation of your appearance on any global watchlists, including Government sanction lists, politically exposed persons lists, anti-terrorism watchlists, anti-money laundering (AML) watchlists and disqualified directors lists;
  • Information regarding your education history; and
  • Information regarding your employment history.

This information will be processed by an artificially defined algorithm in order to create your TrustScore.

We will also use your individual Trust Score to offer you a range of personalized financial and non- financial services. We will notify you through your email address or via our app when these additional services became available.

Your TrustScore is based on the information you, as a Renter, provide to us in order to create your RentPassport, at a given point in time. We are not responsible for any inaccuracies in the information you, as a Renter, provide to us. While we may use your TrustScore to offer a range of insurance products, including Deposit Replacement Insurance, we do not offer any advice or recommendations regarding insurance or other financial products. You are solely responsible for assessing whether or not any insurance or other product we offer to you is suitable for your needs. If you have any questions, you should seek advice from a professional insurance advisor.

You acknowledge that your TrustScore is final and, if you choose to take out Deposit Replacement Insurance, your TrustScore will be used by the Insurance Provider to determine the insurance premium under your Policy (as defined in Section 5.2 ‘Deposit Replacement Insurance’ below).

If you have any questions or objections relating to your TrustScore, please see our Frequently Asked Questions: https://findyourcanopy.com/help or contact us at support@findyourcanopy.com, or info@findyourcanopy.com.

5.2. Experian Rental Exchange Database and Rent Tracking Tool

As a Renter you have the option, as part of our Services, to use a rent tracking tool provided by Experian Limited of Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ, with company number 653331 (“Experian”) which processes rental data to create a rental exchange database tool (the “Tool”). If you authorise rent tracking through your Canopy Account, we will share your bank account and rental payment information (that you enter into TrueLayer’s platform) with Experian to assist them in populating the Tool. If you request to stop rent tracking through your Canopy Account we will notify Experian of your request. Full details of what data we may share with Experian are set out in our Privacy Policy.

Your use of rent tracking will enable us to work with you as a Renter more closely to manage your existing tenancy agreement. The Tool will provide us with information to help you as a Renter:

(a) assess and manage any new tenancy agreements you may enter into;
(b) assess your financial standing to provide you with suitable products and services;
(c) manage any accounts that you may already hold, for example reviewing suitable products or adjusting your current product in light of your current circumstances; 
(d) contact you in relation to any accounts you may have and recovering debts you may owe; 
(e) verify your identity and address to help make decisions about services being offered; and 
(f) help prevent crime, fraud and money laundering.

If you are a Landlord or Letting Agent, the Tool will provide us with information to help you as Landlords and Letting Agents to:

a)  assess and manage tenancy agreements;
b)  assess the financial standing of Renters in relation to the provision of Services to them;
c)  manage accounts of Renters;
d)  contact Renters in relation to accounts they may have and recovering debts they may owe;
e)  verify the identity and or address of Renters to help make decisions about services being offered; and
f) prevent crime, fraud and money laundering.

You acknowledge and agree that Experian’s privacy policy at https://www.experian.co.uk/consumer/privacy.html shall apply to Experian’s processing of any personal information you authorise us to share with Experian via the Platform.

6. INSURANCE SERVICES

With Canopy, Renters may be able to take out an insurance policy, jointly with a Landlord, instead of providing a cash deposit (“Deposit Replacement Insurance”).

Our sole obligation under these Terms of Service in respect of this particular Service is to arrange contracts of insurance between you, as a Renter, the Landlord or Letting Agent as joint insured and the Insurance Provider. Details of the contract of insurance can be found at ffindyourcanopy.com(“Policy”). Policies are underwritten by the Insurance Provider.

All statements made by you or information given by you to us or the Insurance Provider in connection with a Policy are your responsibility. You have a duty to take reasonable care to answer all of the Insurance Providers’ questions fully and accurately and to ensure that any information you provide is not misleading. If you do not do this you acknowledge that the Insurance Provider may be able to impose different terms on your policy cover, may charge you a higher premium or, in certain circumstances, may be able to avoid your policy from inception and any claim made would not be paid.

All quotations provided via the Platform are intended as an indication only of your likely premium based on the limited information you have provided and your individual TrustScoreTM. They are not binding quotations and do not form an offer for insurance or an insurance contract. Quotations are valid only for a period of 60 days from the date of issue.

Any insurance coverage descriptions provided on the Platform are provided for general information purposes only, and do not form part of the contract between you and the Insurance Provider (or, for the avoidance of doubt, you and us in relation to the Services). You further acknowledge coverage details may vary by location. To obtain coverage under a Policy, you must first complete and submit an application via the Platform. All applications are subject to underwriting approval by the Insurance Provider. The decision of whether to give such approval is at the Insurance Provider’s discretion and it is not bound to do so.

Please check the Policy and other documentation relating to your insurance carefully as this will confirm the basis of the cover and provide details of the Insurance Provider. Please pay special attention to the warranties and conditions as any failure to comply with these may invalidate your cover. It is important that you keep the Policy and other documentation relating to your Deposit Replacement Insurance in a safe place.

If a claim is made by the Landlord or Letting Agent under the Policy, coverage will be determined in accordance with the terms and conditions of the Policy. Accordingly, you are encouraged to view/download a specimen of your actual Policy prior to making any purchase decision in relation to taking out Deposit Replacement Insurance.

We endeavor to pass on to the Insurance Provider any requests to increase or amend cover under a Policy on the day your instructions are received, or the next working day if it is a weekend or public holiday. If additional information is required in order for the Insurance Provider to process those changes, we will contact you as quickly as possible and you agree to fully co-operate in relation to the provision of such requested information.

7. HOLDING OF MONEY - INSURANCE SERVICES

(a) With respect to Deposit Replacement Insurance or any other insurance contract that you enter into, you agree to pay the amount of the premium on the due date specified on the Policy, plus any applicable tax. If payment is not made the Insurance Provider may cancel the Policy and may also require that you pay a premium in relation to the time that you have been on risk. It is therefore very important that you meet all payment dates. The Insurance Provider will require you to pay the premium at, or prior to, commencement of the Policy, or as otherwise specified under the Policy.

(b) Please note that in our role as agent of the Insurance Provider, we hold any money paid by you to be passed on to the Insurance Provider, and any money paid to us by the Insurance Provider to be passed on to you, under an agreement we have with the Insurance Provider to hold all such money as their agent. We will not hold any such money as your agent and as such any money will not be your property or be classified as client money whilst we hold it

(c) Any premiums you pay to us are treated as having been received by the Insurance Provider and any claims payments and/or premium refunds paid to us by the Insurance Provider to be passed on to you will be treated as received by you when they are actually paid to you.

8. INTRODUCER ARRANGEMENTS

A third party may have introduced you to us and for this the introducer may be paid a fee by Canopy. Similarly, we may introduce you to other third parties, for which the third party may pay a fee to us.

9. NON-INSURANCE SERVICES

As a Renter, you may use the Platform to pay a cash deposit to a Letting Agent or a Landlord. Cash deposit payments will be processed in accordance with clause 5.5. We are only responsible for facilitating cash deposit payments through third party service providers.

We will not and are not responsible for registering any deposits with the Tenancy Deposit Scheme (“TDS”), Deposit Protection Scheme (“DPS”) or any other deposit scheme, nor are we responsible for handling deposit disputes or refunds. As a Renter, you are solely responsible for resolving any disputes you may have with a Landlord or Letting Agent concerning a particular property, or with other Renters (if any) with whom you share a property. We will not adjudicate on any such disputes, including with respect to the allocation of any monies between a Renter and a Landlord, or between multiple Renters. Similarly, Canopy will not adjudicate on any dispute between a Landlord and its Letting Agent, or between a Renter and a Letting Agent.

10. MANAGING PAYMENTS

As a Landlord, a Renter, or a Letting Agent, you may use the Platform to manage payments relating to tenancy and maintenance of a rental property, provided both payee and payor hold Canopy Accounts and agree to use of this Service.

Payments will be processed by a third party payment processor, MangoPay, (which will manage payment of rent, splitting bills between tenants and will facilitate a pay-as-you-go service) in accordance with its standard terms and conditions: https://www.mangopay.com/terms/Mangopay_Terms-EN.pdf and for the amount and timing / frequency instructed and agreed by the payor and payee. You hereby give consent: (a) to us sending you electronic communications (including via email and text) in relation to upcoming and successful payments managed via the Platform; and (b) for the payment processor to access your bank account which is nominated by you from time to time, and to either deduct or deposit the applicable amount, less (where you are the payee) any fee which may apply. See Section 6 ‘Charges’ for more information about applicable fees.

In order to avoid delays in payment processing and to provide you with an efficient third-party payment processing service we have agreed with MangoPay to remove 3D Secure Authentication from the MangoPay platform payment process for transaction amounts up to £5,000.00, Both payee and payor must hold Canopy Accounts in order to use MangoPay and will therefore have passed Canopy’s own security checks. However, we hereby put you on notice and you hereby agree that

when you create a Canopy Account and agree to these Terms of Service, we shall not be liable to any person in the event of fraud or any other financial crime that may result from your use of MangoPay.

You acknowledge and agree that when using the MangoPay service on our Platform, you will comply with MangoPay’s end user licence agreement in respect to your use of the MangoPay service. You also acknowledge that MangoPay’s privacy policy at https://www.mangopay.com/terms/Mangopay_Terms-EN.pdf shall apply to MangoPay’s processing of any personal information you submit to MangoPay via our Platform.

We also shall not be liable to any person if the payment processor is not able to deduct or deposit any amount due to insufficient funds or incorrect bank account details.

Within the Platform we offer Renters a service provided by TrueLayer Limited, a company incorporated and registered in England with company number 10278251 whose registered office is at Fleet Place House, 2 Fleet Place, London, England, EC4M 7RF (“TrueLayer”). TrueLayer provides us with a portal through which Renters can authorise TrueLayer to share a Renter’s open banking data with us, which allows us to share your bank account and payment information with selected third parties, such as Experian, strictly in relation to your use of the Platform and the services we provide. Full details about the way in which such banking and payment information is processed are set out in our Privacy Policy. You acknowledge and agree that when using the TrueLayer service on our Platform, you will comply with TrueLayer’s end user licence agreement in respect to your use of the TrueLayer service. You also acknowledge and agree that TrueLayer’s privacy policy at https://truelayer.com/privacy/ shall apply to TrueLayer’s processing of any personal information you submit to TrueLayer via our Platform.

11. THIRD PARTY PLATFORM AND SERVICES

You acknowledge that the Platform and the Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content, or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Platform or any of the Services.

12. WHAT WE THE PLATFORM SERVICES DO NOT DO

The Platform connects Landlords, Letting Agents, and Renters, and provides a range of insurance and non-insurance services with respect to the rental and management of residential properties

throughout various stages of a property rental experience. Unless you purchase a product or service from us on the Platform, our only obligation to you is to make this Platform and the Services available to you in accordance with these Terms of Service.

We do not offer or provide any advice including without limitation advice in relation to insurance, property, regulatory, tax, business, financial or legal matters and nothing on the Platform, any Service or any information provided as part of the Services should be construed as such. Any decision to use the Services or enter into any transaction including without limitation a tenancy or contact of insurance should be arrived at by you independently. We are at all times the agent of and act only on behalf of the Insurance Provider and for no other person.

We are not a real estate agency or a property manager. We are not responsible for fielding enquiries directly from you and we are not involved in, and have no liability for, any communication, dispute or agreement (including tenancy agreement) made between a Letting Agent, Landlord or a Renter. We further do not warrant that this Platform or the Services provide Landlords and Renters with all the information, tools and access required to comply with applicable laws and regulations in relation to the letting of property. Use of the Platform and the Services are not a substitute for professional or specialist real estate advice.

You hereby acknowledge that we do not verify any data, information or other content posted, uploaded or transmitted by users of the Services and, as such, it is your sole responsibility to check, confirm and satisfy yourself as to the accuracy of any such content as well as any information presented to you as part of the Services which is derived from such content. We provide no warranty and accept no responsibility for the accuracy or completeness of such content displayed on the Platform.

You, not us, are responsible for keeping copies of any information you provide to us. The Services do not include storage or back-up services; and we shall not be liable to you for any loss of such information (subject to our legal obligations to you as data controller of personal data).

13. Additional Responsibilities of Renters in relation to a property

If you are a Renter, you agree to:

(a)  pay your rent to the Landlord on time and in full, to keep the property in a satisfactory condition and to report any issues with the property (such as repairs and faults) to the Landlord as soon as possible;

(b)  to nominate a lead Renter in cases of multiple occupancy, as appropriate, and to maintain regular communication with Canopy from the beginning of the rental period and to inform Canopy as soon as possible if there are any changes in your details which could affect your ability to meet your rent payments or otherwise relate to your TrustScoreTM ; and

(c) comply with your obligations to the Landlord under the tenancy agreement, including but not limited to, rental arrears and damage that is not consistent with the inventory, except for fair wear and tear.

14. CHARGES

14.1. Agreement to pay fees

As a Renter, Landlord or Letting Agent, you agree to pay all fees (if any) in connection with your use of the Services on our Platform. We reserve the right not to provide or instruct a third party to provide relevant Services to you until such payment has been received in full and cleared funds.

14.2. Charges We may apply administration charges in the following circumstances:

The business fee represents a fee to Canopy of producing the RentPassport and allowing renters to grow their rental profile and also use our current product range (Rent Tracking, Deposit free renting and being able to pay a cash deposit through the platform) as well as our future products. The platform fee will be 2% of deposit value (plus VAT), this is independent of length of lease. The renter will pay the business fee each time they lease a new property with us.

14.3. Other fees may apply in relation to other aspects of the services provided via the Canopy platform, and we encourage our customers to familiarise themselves with the charges contained in our Terms & Conditions.

14.4. In addition to any applicable administration charge, when we arrange a policy the insurer pays us a percentage of the total premium you pay. If the type of policy we sell reaches specific profit targets the insurer also pays us an additional bonus.

15. YOUR USE OF THE WEBSITE AND SERVICES

15.1. Prohibited Use

You shall not:

(a) licence, sell, rent, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Platform or any of the Services available to any third party;

(b)  access or use all or any part of the Platform or the Services in order to build a product or service which competes with the Services, or for the purposes of monitoring the Services’ availability, performance or functionality;

(c)  use the Platform or any of the Services to provide services to third parties (unless those third parties also have Canopy Accounts and such use is in accordance with the intended and usual purpose of the Services), or permit the Platform or the Services or any part of them to be combined with, or incorporated into, any other service or program;

(d)  attempt to copy, modify, duplicate, create derivative works of, frame, mirror, republish, download, display, transmit or distribute all or any portion of the software applications used by us as part of the Platform or any of the Services (except as may be allowed by any applicable law incapable of exclusion);

(e)  attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human- perceivable form all or any part of the software applications used by us as part of the Platform or any of the Services (except as may be allowed by any applicable law incapable of exclusion);

(f)  attempt to obtain, or assist third parties in obtaining, unauthorized access to the Platform or Services;

(g)  interfere with or disrupt the Platform or the Services, or use or access the Platform or the Services in a manner that unfavorably affects the performance or proper functioning of the Platform and the Services, or any computer systems or networks used by the Platform or the Services;

(h)  use any robot, spider or other automatic device or process to send or redirect messages, or monitor, download, copy or keep a database copy of any of the content transmitted to or made available through the Platform or the Services;

(i)  access, store, distribute or transmit any computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs during the course of your use of the Platform or Services;

(j)  remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or the Services (whether ours or our licensors');

(k)   remove, cover or otherwise obscure any form of advertisement included on the Services;

(l)  collect, harvest, use, copy, share or transfer any information, including but not limited to personal data, obtained from the Services (excluding your User Content (as defined in Section 7.2 ‘User Content’), and unless the owner of such information has expressly permitted the same); or

(m) use the Platform or the Services or any aspect or feature thereof for any, illegal unlawful or fraudulent purpose or in any way that might cause harm to us or any other person.

15.2. Prohibited Content

You shall not submit or transmit any information, data or content such as text, documents, photos, audiovisual content and other media content (including all information submitted to us by you for the purpose of creating your RentPassportTM as well as all Contributions as defined in Section 11 ‘Contributions’ below) (“User Content”) during the course of your use of the Platform or Services that:

(a)  is fraudulent or unlawful;

(b)  harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

(c)  infringes, misappropriates or violates a third party’s rights, including intellectual property rights or rights of publicity or privacy;

(d)  facilitates illegal activity;

(e)  depicts sexually explicit images;

(f)  promotes unlawful violence;

(g)  is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;

(h)  breaches any legal duty owned by a third party, such as a contractual duty or a duty of confidence;

(i)  promotes the business of a third party (other than in the usual course of use of the Services, for example, placing a review of a Letting Agent); or

(j)  deceives any person, impersonates any person, or misrepresents your identity or affiliation with any person.

In addition, all User Content must be accurate (where it states facts) and be genuinely held (where it states opinions).

16. INDEMNITY

You agree to indemnify us (which means compensate us) and hold us harmless against any costs, expenses, liabilities, damages or loss suffered or incurred by us in connection with your breach of this Section 7.

17. USER CONTENT

All personal data will be processed in accordance with our Privacy Policy: https://findyourcanopy.com/privacy and any other User Content (as defined in Section 7.2 ‘Prohibited Content’ above) will be will be considered non-confidential and non-proprietary unless you specifically advise us otherwise in writing.

You shall have the sole responsibility for the legality, reliability, integrity, accuracy and quality of your User Content, including its compliance with the content standards set out in Section 7.2 ‘Prohibited Content’ above, and agree to promptly update or correct any such User Content on becoming aware of any errors or inaccuracies.

We have no obligation to monitor, censor or review User Content and its compliance with the content standards set out in Section 7.2 ‘Prohibited Content’ above, but we reserve the right to do so. We further reserve the right to remove, edit or decline to display any User Content without notice, or to require you to amend your User Content at any time, if we consider, or have reason to believe, that such User Content does not comply with the above content standards.

18. INTELLECTUAL PROPERTY

You acknowledge that all intellectual property rights in the Platform and the Services anywhere in the world belong to us or our licensors, and that you have no rights in or to the Platform or the Services other than the right to use each of them in accordance with these Terms of Service.

You retain all ownership rights in your User Content (as defined in Section 7.2 ‘Prohibited Content’ above), but you are required to grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with our performance of the Services and provision of the Platform and (where relevant) other online platforms.

19. CONTRIBUTIONS

When you submit any ideas, suggestions, documents and/or proposals relating to the Services (or other products or services) to Canopy through the “Contact Us” User Forum, the Support interfaces or through any other channel or mechanism (collectively “Contributions”), you acknowledge and agree that:

(a)  Canopy shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way;

(b)  to the extent there are any intellectual property rights subsisting in your Contributions, that hereby grant us a worldwide, perpetual, non-exclusive, transferable and irrevocable license (with a right to sub-license) under such rights to use and exploit the Contributions without limitation or restriction; and

(c) you are not entitled to any compensation or reimbursement of any kind from Canopy under any circumstances.

20. LIMITATIONS ON OUR LIABILITY

You agree to the following limitations on our liability to you:

(a)  Exclusion of certain losses: Canopy shall not be liable to you for any loss of profits, business, anticipated savings, goodwill or business opportunity, business interruption, loss or corruption of data or information (subject to our liability to you as data controller of personal data), or for any special, indirect or consequential loss or damage, howsoever arising under these Terms of Service;

(b)  Cap on liability: Canopy’s maximum aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms of Service shall be limited to liability to the greater of: (a) £100; or (b) the aggregate of the amount (if any) paid by you to us in the 6 months immediately preceding you bringing a claim against us.

Further, due to the nature of the Platform, the Services and the online environment, we do not take responsibility for the following:

(a)  Network problems: the transfer of content and data over communication networks and facilities, including the internet, is subject to limitations, delays and other problems inherent in the use of such communication facilities. We are not responsible for any loss, damage, delay or failure resulting from such transfers or any other event beyond our reasonable control;

(b)  Results of Services: you assume full responsibility for results achieved or obtained from the use of the Services, and for conclusions drawn from such use. We do not warrant that the Services or any information obtained by you through the Services will meet your particular requirements; and

(c)  Your actions, instructions and breach: Canopy shall have no liability for any loss or damage caused by errors or omissions in any content or information provided by you to Canopy in connection with the Services, or any action taken by Canopy as a result of your direction, or your breach of these Terms of Service.

Nothing in these Terms of Service shall exclude either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded such as under the rules and regulations of the Financial Conduct Authority.

All warranties, conditions, representations or other terms implied by statute or common law in relation to the Platform and any Services provided by us are excluded to the fullest extent permitted by law.

21. TERMINATION

You may terminate these Terms of Service with us at any time, for any reason, by deactivating your Canopy Account and ceasing all use of the Platform and the Services. Please note that termination of these Terms of Service will not affect the validity of any Policy or tenancy agreement that you have entered into.

We may terminate these Terms of Service with you and deactivate your Canopy Account immediately in the event you commit a material or persistent breach of these Terms of Service, the Services are discontinued, we lose the right to provide you with the Platform or any of the Services, or where the provision of the Platform or any of the Services becomes unlawful. We will use reasonable endeavors to provide you with notice in advance; however, you acknowledge that this may not be possible in all circumstances.

For the avoidance of doubt, termination of these Terms of Service will not result in the termination of any Policy purchased by you or any tenancy agreement entered into you by.

22. PRIVACY AND YOUR INFORMATION

See our Privacy Policy and Cookies Policy which are hereby incorporated into these Terms of

Service by reference, for more information about how your personal data will be processed by us.

23. OTHER IMPORTANT TERMS

Assignment and other dealings: You may not assign, transfer, sub-license or deal in any other manner with any or all of your rights or obligations under these Terms of Service, without our prior written consent. We reserve the right to transfer, assign, sub-contract or deal in any other manner with any or all of our rights or obligations under these Terms of Service, without notifying you or receiving your consent.

Waiver: If we do not insist immediately that you do anything you are required to do under these Terms of Service, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Severance: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Third Party Rights: No one other than a party to these Terms of Service, their successors and permitted assignees, shall have any right to enforce any of its terms.

Entire Agreement: These Terms of Service, and all documents referred to in them, constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements,

promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Governing Law/ Jurisdiction: These Terms of Service are governed by English law and you can bring legal proceedings in respect of any dispute or claim arising out of or in connection with these Terms of Service in the English courts.

Canopy Privacy Policy

Dated: 8th May 2018

PLEASE READ THIS POLICY CAREFULLY BEFORE USING CANOPY’S SERVICES

Protecting your data, privacy and personal information is very important to InsureStreet Limited (trading as Canopy) (“Canopy”, “us”, “our” or “we”). It is vitally important to us that our customers feel secure when using the Services.

This policy (together with our terms of use at https://findyourcanopy.com/terms-of-service/ and any other documents referred to in it), sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by Canopy. Please read this privacy policy carefully to understand the types of information we collect from you, how we use that information, the circumstances under which we will share it with third parties, and your rights in relation to the personal data you provide to us.

When visiting Canopy’s website at https://findyourcanopy.com/ (our “Website”), using our application: “Canopy” (our “App”) or using any of the services offered via the Website or the App (the “Services”), you will be asked to indicate your acknowledgment of, and where applicable your consent to, the practices described in this policy.

Our Website contains links to third party websites. If you follow a link to any of those third party websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your personal information. Please check these policies before you submit any personal information to such third-party websites.

Information we may collect
.We may collect and process the following data about you:

Information that you provide to us.
You will be asked to provide us with your information when you:

  • fill in forms on our Website or App, or correspond with us by phone, email or otherwise;
  • register to use our Services, subscribe to our newsletter, promotional emails or other marketing materials;
  • use the Services;
  • report a problem with our Services; or
  • complete any surveys we ask you to fill in that we use for research purposes (although you do not have to respond to these if you do not want to).

The information you will be asked to provide to us for these purposes will include your name, address, previous addresses (up to three years), date of birth, nationality, e-mail address, gross income, pay slips, references from landlords, phone number, national insurance number, passport number, credit records, personal description and photograph, payment details and banking and open banking information, or further information required to verify your identity, rent affordability assessment, provide access to financial and non-financial products including tracking your rental payments.

Information we collect about you.
With regard to each of your visits to our Website or our App we may automatically collect the following information; however, this information cannot be used to identify you:

  • device-specific information, such as your hardware model, operating system version, unique device identifiers, and mobile network information;
  • technical information about your computer, including where available, your IP address, operating system and browser type, for system administration and analytical purposes;
  • details of your visits to our Website and App, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website and App (including date and time), length of visits to certain pages, and page interaction information (such as scrolling, clicks, and mouse-overs); and
  • information showing us from which app store you downloaded our App.

Information we receive from other sources.
When using our Services, we will be in contact with third parties who may provide us with certain information about you in order to enable your use of the Services.

If when using our Services you input any personal data of a third party, you must have obtained clear permission from the individuals whose data you provide us with before sharing that data with us.

For the avoidance of any doubt, any reference in this privacy policy to your data shall include data about other individuals that you have provided us with.

How we use your information and justification of use.
Use of personal information under EU data protection laws must be justified under one of a number of legal “grounds” and we are required to set out the ground in respect of each use of your personal data in this policy. These are the principal grounds that justify our use of your information:

  • Consent: where you have consented to our use of your information (you are providing explicit, informed, freely given consent, in relation to any such use and may withdraw your consent in the circumstance detailed below by notifying us);
  • Contract performance: where your information is necessary to enter into or perform our contract with you;
  • Legal obligation: where we need to use your information to comply with our legal obligations;
  • Legitimate interests: where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights; and
  • Legal claims: where your information if necessary for us to defend, prosecute or make a claim against you or a third party.

We use information held about you (and information about others that you have provided us with) in the following ways:

APPLICABLE TO ALL USERS:

Types of Information Collected

(a) Email address, name

(b) Email address, name

(c) Email address

Uses of that Information

(a) To provide you with access to our Website, App and any other information which you request from us, and to use our Services.

(b) For marketing products and services that we believe will be of interest to you.

(c) To notify you about changes to our Services.

Use Justification

(a) Contract performance

(b) Legitimate interest (for marketing our own similar products and services and any re-engagement campaigns)
Consent (for marketing unrelated products or services or products or services of third parties).

(c) Legitimate interests (to update our Services from time to time)

APPLICABLE TO RENTERS:

Types of Information Collected

(a) Email address, name, date of birth, current address and previous addresses

(b) Information from linked accounts such as social networking sites

(c) Identity confirmation, right to reside in the UK, date of birth, current and previous addresses, gross income, pay slips, credit records, payment details, banking and open banking information, education history employment history, legal and regulatory warnings issued against you, and your appearance on any global watchlists

(d) Email address, name

(e) Email address, name, payment details and bank account information

(f) Email address

Uses of that Information

(a) To provide you with access to our Website, App and any other information which you request from us, and to use our Services.

(b) To administer our Services and identify more appropriate products and services that we may be of interest to you.

(c) To provide you with the Services, specifically our RentPassportTM (which is your digital renter identity and rental history, which you can share with Landlords) and our TrustScoreTM based on the information you provide to us. This includes using an artificially defined algorithm in order to create you TrustScoreTM. The same information will be used to identify a range of personalised insurance non-insurance based services which are tailored to you.

(d) For marketing products and services that we believe will be of interest to you.

(e) To administer our Services including payment processing services such as MangoPay and for internal operations, including research, data analysis and data statistics, and to create derived, anonymised and aggregated data to improve our Services.

(f) To notify you about changes to our Services.

Use Justification

(a) Contract performance

(b) Consent

(c) Legitimate interests; consent (in respect of open banking information); contract performance (to the extent required to provide the services e.g. to track rental payments or Renter income verification as required by Landlords / Agents before a rental contract between Agent / Landlord and Renter can be executed)

(d) Legitimate interest (for marketing our own similar products and services and any re-engagement campaigns)
Consent (for marketing unrelated products or services or products or services of third parties).

(e) Contract performance (in respect of payment processing); Legitimate interests (to administer and improve our Services)

(f) Legitimate interests (to update our Services from time to time)

APPLICABLE TO LANDLORDS / Build-2-Rent (Institutional Landlords)

Types of Information Collected

(a) Email address, name

(b) Email address, name

(c) Email address, name, payment details and bank account information

(d) Email address

Uses of that Information

(a) To provide you with access to our Website, App (including having a Canopy Account) and any other information which you request from us, and to use our Services.

(b) For marketing products and services that we believe will be of interest to you.

(c) To administer our Services including Renter Screening services, payment processing services such as MangoPay and for internal operations, including research, data analysis and data statistics, and to create derived, anonymized and aggregated data to improve our Services.

(d) To notify you about changes to our Services.

Use Justification

(a) Contract performance

(b) Legitimate interest (for marketing our own similar products and services and any re-engagement campaigns)
Consent (for marketing unrelated products or services or products or services of third parties).

(c) Contract performance (in respect of Renter screening, payment processing); Legitimate interests (to administer and improve our Services)

(d) Legitimate interests (to update our Services from time to time)

We will not sell your personal data (or any other data you provide us with) to third-parties, however, we reserve the right to share any data, which has been anonymised and/or aggregated. You acknowledge and accept that we own all right, title and interest in and to any derived data or aggregated and/or anonymised data collected or created by us.

Marketing

We may use information for marketing products and services to you in the following ways:

Type of marketing activity

(a) Newsletters and marketing emails relating to our own similar services and products. Where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing.

(b) To send you details about unrelated services or products or special offers and discounts which are being provided by our selected business partners. Where required by law, we will ask your consent at the time we collect your data to conduct any of these types of marketing.

Use Justification

(a) Legitimate interest (to market our products and services - you have the right to unsubscribe at any time)

(b) Consent (which can be withdrawn at any time)

We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt out by contacting us.

Where we store your personal information
The personal data that we collect from you (including email addresses that form part of our prospective marketing database) is processed in the European Economic Area (“EEA”) and stored on Amazon Web Services (Europe) Cloud Servers This data may however be processed by staff operating outside of the EEA who work for us or for one of our business partners or service providers. A full list of our third party sub-processors and details of their privacy policies can be found here: findyourcanopy.com/partnerprivacy. Countries outside the EEA may not provide the same level of adequate protection for the rights and freedoms of data subjects in relation to the processing of personal data. In countries which do not provide appropriate safeguards, we shall transfer your data subject only to your consent except for transfers to and from: (i) any country with a valid adequacy decision from the European Commission; or (ii) any organisation which ensures an adequate level of protection in accordance with applicable data protection laws.

Your passwords are stored on Canopy’s servers in encrypted form. We do not disclose your account details. It is your responsibility to keep your password secure. Unfortunately, the transmission of information via the internet is not completely secure. Although Canopy will do its best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website, any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent any unauthorised access.

Please contact us if you would like further details on the specific safeguards applied to the export of your personal information outside EEA.

Disclosure of your information
We may also disclose your personal information to third parties in the following circumstances:

Purpose of disclosure and third party(s) to which disclosure might be made

(a) We may disclose your personal information to our service providers and business partners, including payments processors, database tool providers and insurance providers (to assist us in performing any contract we enter into with them or you, including providing the Website and the Services it enables), analytics providers, (to assist us in the improvement and optimisation of the Website) and/or a member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We also share your personal information with third party payment processor MangoPay which manages payment of rent, splitting bills between tenants and facilitates a pay-as-you-go service for Renters. Further information in relation to MangoPay can be found in our terms of service: https://findyourcanopy.com/terms-of-service/.

(b) If we sell or buy any business or assets, we may disclose your personal information to the prospective seller or buyer of such business or assets.

(c) If Canopy or substantially all of its assets are acquired by a third party, personal information about our customers will be one of the transferred assets.

(d) If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property, or safety of Canopy, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

(e) Fraud Prevention and other checks. We and other organisations may also access and use your personal information to conduct credit checks and checks to prevent fraud. If false or accurate information is provided and fraud is identified or suspected, details may be passed to fraud prevent agencies.

(f) We may disclose your personal information to third parties, the court service and/or regulators or law enforcement agencies in connection with proceedings or investigations anywhere in the world where compelled to do so. Where permitted, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of a crime.

(g) As a Renter we will share your following personal information with Letting Agents and Landlords: name, email address, date of birth, previous and current addresses (up to three years), nationality, TrustScoreTM, income, country court judgments, any insolvency issues, mortality, legal and regulatory warnings, if politically exposed person, subject to international financial sanctions and RentPassportTM information.

As a Landlord we will share your following personal information with Renters and Letting Agents: name, email address, bank account information for payments.

As a Letting Agent, Build-2-Rent Operator we will share your following personal information with Renters and Landlords: name, email address, bank account information for payments (including branch address).

(h) As part of our Services, we offer Renters a service provided by Experian Limited of Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ, with company number 653331 (“Experian”) which processes rental data through a rental exchange database tool. We will share your personal information (banking and rental payment information) with Experian if you permit us to do so by authorising rent tracking through your Canopy Account. If you request to stop rent tracking through your Canopy Account we shall notify Experian of your request. We are not responsible for, and take no liability for, the acts and omissions of Experian. Experian’s privacy policy shall apply to their processing and can be found here: https://www.experian.co.uk/consumer/privacy.html.

(i) As part of our Services, we offer Renters a service provided by TrueLayer Limited (“TrueLayer”) which provides us with a portal through which Renters can authorise TrueLayer to share Renter’s information with us and Experian. Once we receive such information, we shall process such personal data in accordance with this privacy policy. We are not responsible for, and take no liability for, the acts and omissions of TrueLayer. TrueLayer’s privacy policy shall apply to their processing and can be found here: https://truelayer.com/privacy.

Use Justification

(a) Contract performance, legitimate interest, (to allow our Service providers to provide the necessary services).

(b) Legitimate interest (to sell our business or assets); and where required by applicable law, consent (for sensitive personal data).

(c) Legitimate interest (to sell our business or assets); and where required by applicable law, consent (for sensitive personal data).

(d) Legal obligation.

(e) Legitimate interest (to assist with the prevention of fraud and to assess your risk profile).

(f) Legal obligation (to cooperate with law enforcement and regulatory authorities).

(g) Consent.

(h) Consent.

(i) Consent.

How long we retain your personal data
We will hold the above information for as long as is necessary in order to provide you with the Services, deal with any specific issues that may raise, or otherwise as is required by law or any relevant regulatory body. Once your account is terminated or deactivated, we shall delete the personal data relating to your account within 72 hrs. If your account is inactive for 2 years, we may contact you to assess whether you want to continue to use the Services. Some personal data may need to be retained for longer than this (a minimum of 5 years) to ensure Canopy can comply with applicable laws, regulatory requirements and internal compliance procedures, including retaining your email address for marketing communication suppression if you have opted not to receive any further marketing.

If information is used for two purposes, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period when that period expires.

We restrict access to your personal information to those persons who need to use it for the relevant purpose(s). Our retention periods are based on business needs and your information that is no longer needed is either irreversibly anonymized (and the anonymized information may be retained) or securely destroyed.

Your rights
Under the General Data Protection Regulation (EU) 2017/676, you have various rights in relation to your personal data. All of these rights can be exercised by contacting us at customer.relations@findyourcanopy.com.

You have the following rights in relation to your personal data:

Rights

(a) Right to Rectification

(b) Right to erasure / ‘Right to be forgotten’

(c) Right to restriction of processing

(d) Right to data portability

(e) Right to complain

(f) Right to object to discussions based solely on automated processing

Right of Access

You have the right to obtain from us information as to whether your personal data is being processed, and, where that is the case, access to such personal data.

Details

(a) We will use reasonable endeavors to ensure that your personal information is accurate. In order to assist us with this, you should notify us of any changes to the personal information that you have provided to us by sending us a request to rectify your personal data where you believe the personal data we have is inaccurate or incomplete.

(b) Asking us to delete all of your personal data will result in Canopy deleting your personal data without undue delay (unless there is a legitimate and legal reason why Canopy is unable to delete certain of your personal data, in which case we will inform you of this in writing).

(c) You have the right to ask us to stop processing your personal data at any time.

(d) You have the right to request that Canopy provides you with a copy of all of your personal data and to transmit your personal data to another data controller in a structured, commonly used and machine-readable format, where it is technically feasible for us to do so.

(e) You have the right to lodge a complaint to a supervisory authority such as the Information Commissioner’s Office in the UK (see www.ico.org.uk). Although we encourage our customers to engage with us in the event they have any concerns or complaints.

(f) You have the right to not be subject to a decision based solely on automated processing which produces legal effects concerning your or similarly significant effects and to obtain human intervention, to express your point of view or contest the decision.

Canopy will not ordinarily charge you in respect of any requests we receive to exercise any of your rights detailed above; however, if you make excessive, repetitive or manifestly unfounded requests, we may charge you an administration fee in order to process such requests or refuse to act on such requests. Where we are required to provide a copy of the personal data undergoing processing this will be free of charge; however, any further copies requested may be subject to reasonable fees based on administrative costs.

Asking us to stop processing your personal data or deleting your personal data will likely mean that you are no longer able to use Canopy’s Services, or at least those aspects of the Services which require the processing of the types of personal data you have asked us to delete, which may result in you no longer being able to use the Services.

Where you request Canopy to rectify or erase your personal data or restrict any processing of such personal data, Canopy may notify third parties to whom such personal data has been disclosed of such request. However, such third party may have the right to retain and continue to process such personal data in its own right, for example payment processing or insurance companies.

Changes to this policy
Any changes we make to our privacy policy in the future will be posted on this page, and where appropriate, notified to you by email or notifications via the App. We therefore encourage you to review it from time to time to stay informed of how we are processing your information.

Contact
Questions, comments and requests regarding this privacy policy are welcome and should be addressed to info@findyourcanopy.com.

For the purpose of the relevant data protection legislation, the data controller is InsureStreet Limited (trading as Canopy) (company no. 10287920) with registered address at Jag Shaw Baker, 5th Floor Berners House, 47-48 Berners Street, London, W1T 3NF.

Our data protection officer is Curran McKay, Director of Business Development.

Cookie
Canopy uses cookies to distinguish you from other users. This helps us provide you with a good experience when you use our Website, and also allows us to improve our Services. Please note that it is possible to disable cookies being stored on your computer by changing your browser settings. However, our Website may not perform properly or some features may not be available to you if you disable cookies.

For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy at https://findyourcanopy.com/cookie-policy.

Appendix A

NOTICE FOR NEW TENANCIES

In order to process your application, we may perform credit and identity checks with Experian. Where you take services from us we may also make periodic searches with Experian to manage your account with us. 

To do this, we will supply your personal information to Experian and they will give us information about you. This will include information from your application and about your financial situation and financial history. Experian will supply to us both public (including the electoral register) and shared credit, financial situation and financial history information and fraud prevention information.

We will use this information to:

  • Assess your creditworthiness and whether you can afford to take the product;
  • Verify the accuracy of the data you have provided to us;
  • Prevent criminal activity, fraud and money laundering;
  • Manage your account(s);
  • Trace and recover debts; and
  • Ensure any offers provided to you are appropriate to your circumstances.

When Experian receive a search from us they will place a search footprint on your credit file that may be seen by other organisations.

We have teamed up with Experian to take part in The Rental Exchange. The Rental Exchange is a way to strengthen your credit report without you needing to take on new credit. The scheme enables us to share details about the rent you pay with Experian on a monthly basis. This is then included in your credit report, meaning you will then be recognised for paying your rent on time.

Homeowners with a mortgage have an advantage as their mortgage payment history can count towards their credit history and we strongly believe that your rent payment history should be used in the same way to help you access more affordable credit. There is a legitimate interest in the sharing of data into Rental Exchange for these purposes, which forms our legal ground for the sharing of this data into the Rental Exchange. Organisations who share data into Rental Exchange will have a legitimate interest in being able to make use of this data to support better informed tenancy decisions.

Not only will we be able to work with you more closely to manage your existing tenancy agreement, your track record as a tenant will enable Experian to use the information supplied to them to assist other landlords and organisations to:

  • assess and manage any new tenancy agreements you may enter into;
  • assess your financial standing to provide you with suitable products and services;
  • manage any accounts that you may already hold, for example reviewing suitable products or adjusting your product in light of your current circumstances;
  • contact you in relation to any accounts you may have and recovering debts that you may owe;
  • verifying your identity, age and address, to help other organisations make decisions about the services they offer;
  • help to prevent crime, fraud and money laundering;
  • screen marketing offers to make sure they are appropriate to your circumstances;
  • for Experian to undertake statistical analysis, analytics and profiling,
  • and for Experian to conduct system and product testing and database processing activities, such as data loading, data matching and data linkage.

If you would like to see more information on these, and to understand how the credit reference agencies each use and share rental data as bureau data (including the legitimate interests each pursues) this information is provided in this link: www.experian.co.uk/crain (Credit Reference Agency Information Notice (CRAIN)). (For a paper copy, please get in touch with us or with Experian using the contact details in this letter).

We will continue to exchange information about you with Experian while you have a relationship with us. We will also inform Experian when your tenancy has ended and if you have outstanding rental arrears Experian will record this outstanding debt. This information may be supplied to other organisations by Experian.

Experian will hold your rental data for the time limits explained in CRAIN (section 7). Rental data falls into the Identifiers (e.g. your name, address, date of birth) and financial account categories (i.e. tenancy account, rental payment information).

We and Experian will ensure that your information is treated in accordance with UK data protection law, so you can have peace of mind that it will be kept secure and confidential and your information will not be used for prospect marketing purposes.

If you would like advice on how to improve your credit history you can access independent and impartial advice from www.moneyadviceservice.org.uk (you can get a copy of your Statutory Credit Report by visiting www.experian.co.uk/consumer/statutory-report).

If you are unhappy with anything relating to Rental Exchange, please contact us on the contact details above. You also have the ability to get in touch with the Information Commissioner’s Office. More information about this can be found using this link here: https://ico.org.uk/concerns/.

Data Protection

Dated: 1st September 2018

1. INTRODUCTION

InsureStreet Ltd (trading as Canopy) (“theCompany”) in the normal course of business will collect and process information in order to carry on its business and meet requirements of its client.  The Company is committed to ensuring its compliance with the requirements of the Data Protection Act 2018 (the Act).We recognise the importance of personal data to our business and the importance of respecting the privacy rights of individuals.

2. SCOPE AND PURPOSE

This Data Protection Policy (the Policy) sets out the principles which we will apply to our processing of personal data so that we ensure we safeguard and respect the data protection rights of individuals and process their personal data in accordance with the law.  The aim of the Policy is to provide a consistent approach to the way the Company handles personal data and provides a clear set of guidelines on the processing of personal data.

3. RESPONSIBILITIES

The Board of the Company is collectively responsible for maintaining this Policy and ensuring it continues to meet requirements of the Company, its clients and any requirements prescribed by law or by a regulatory body. The Board is also responsible for establishing and communicating relevant procedures to the business. The Chief Marketing Officer] will deal with any data protection issues that arise within the Company and will deal with subject access requests.Ensuring that this Policy is implemented and that relevant documentation is maintained is the responsibility of the Company’s managers. The InformationCommissioners Office is responsible for enforcing data protection in the UK, this includes breaches to the data protection principles.

4. DEFINITIONS

The followingdefinitions of terms used in this document are drawn from Article 4 of theEuropean Union’s General Data Protection Regulation:

Personal data which relate to a living individual (“Data Subject”) who can be identified from those data, or from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller.

Special categories of personal data – is more sensitive data and so needs greater protection. Special category data is similar to the concept of ‘sensitive personal data’ under Data Protection Act1998 (now superseded by the Act) and includes one of the following types of data:

  • Racial or ethnic origin;
  • Political opinions;
  • Religious or philosophical beliefs;
  • Trade union membership;
  • Genetic or biometric data processed for the purpose of uniquely identifying an individual;
  • Health data;
  • Data concerning an individual's sex life or sexual orientation.

Data Controller The natural or legal person, public authority, agency or any other body, which alone or jointly with others, determines the purposes and means of the processing of personal data.

Data Processor: A natural or legal person, public authority, agency or any other body which processes personal data on behalf of a Data Controller.

Processing: An 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 of the data.

Anonymisation: Irreversibly amending personal data such that an individual cannot be identified by using reasonable time, cost, and technology either by the controller or by any other person to identify that individual. The personal data processing principles do not apply to anonymised data as it is no longer personal data.

Pseudonymisation: The processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.Pseudonymisation reduces, but does not completely eliminate, the ability to link personal data to a data subject. As pseudonymised data is still personal data, the processing of pseudonymised data should comply with the Personal DataProcessing principles.

5. DATA PROTECTION PRINCIPLES

The Act sets out six dataprotection principles and various safeguards which must be adhered to.  All six principles must be met in order forthe Company to comply with the Act.

(i) first data protection principle – processing must be lawful and fair;

(ii) second data protection principle – purposes of processing must be specified, explicit and legitimate;

(iii) third data protection principle – personal data must be adequate, relevant and not excessive;

(iv) fourth data protection principle – personal data must be accurate and kept up to date;

(v) fifth data protection principle – personal data must be kept for no longer than is necessary; and sixth data protection principle – personal data must be processed in a secure manner.

6. RIGHTS OF DATA SUBJECTS

The rights of data subjects are set out in Chapter 3 of the Act and includes the following:

7. BUILDING DATA PROTECTION IN BUSINESS ACTIVITIES

In order to demonstrate compliance with relevant legal and regulatory requirements including the Data Protection principles theCompany has put in place comprehensive and proportionate governance measures which ensures and demonstrates compliance with data protection requirements which include:

  • this Data Protection Policy and Procedures;
  • informing and training all staff in the Company on how to implement the Policy;
  • responsibility by senior management for monitoring this implementation, assessing and demonstrating to external stakeholders and supervisory authorities the quality of the implementation,
  • Fair Processing Guidelines which are annexed to this Policy; and
  • procedures for redressing poor compliance and data breaches.

8. SUBJECT ACCESS REQUEST

A Subject Access Request (“SAR”)is any request made by an individual or his/her representative for information held by the Company in respect of that individual as well as other supplementary information (see below). When a SAR is received a record must be kept of that request. The Company will not make a charge for responding to aSAR and will only request proof of identity where there are doubts about the identity of the person making the request. Where the Company uses third party suppliers who also hold personal data for the Company, then when complying with a SAR, copies of personal data held by such suppliers will also be requested and supplied within the time limits prescribed below.

What is an individual entitled to?
An individual has the right to obtain a copy of his/her own personal data and other supplementary information set out below but not to information relating to other people.  

Supplementary information
When providing a copy of personal data the Company must also provide individuals with the following information:

  • the purposes of processing;
  • categories of personal data concerned;
  • recipients or categories of recipients to whom that personal data is disclosed to;
  • either the retention period for storing that personal data or if this is not possible the criteria used to determine how long that personal data should be stored for;
  • his/her right to rectification, erasure or restriction or to object to processing of personal data;
  • if the information was obtained from a third party, the identity of that third party;
  • the right to lodge a complaint to the Information Commissioner’s Office;
  • if appropriate the existence of automated decision making such as profiling; and
  • safeguards for protecting personal data in the event it is transferred outside the EU.

The supplementary informationis contained in the Company’s privacy notice and a copy of this should besupplied when responding to a SAR.

Time for responding to a SAR.
TheCompany will respond to a SAR without undue delay and no later than one month from the date the request is received (whether the date is a working day or not). If the date for responding falls on a weekend or public holiday then theCompany can provide the information on the next working day.  Where the Company cannot meet the deadline then it has up to a further two months but in this event the individual must be notified within a month of receiving his/her request why an extension is necessary and when the Company expects to provide the information requested.

9. REPORTING A PERSONAL DATA BREACH

In the event of a breach of these procedures leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data, then on the Company becoming aware of the breach the Chief Marketing Officer will immediately assess the impact of the breach to establish the likelihood and severity of the risk of damage to a person’s rights and freedoms. If it is established there is a risk of such damage the breach is reportable to the Information Commissioner’s Office. The Chief Marketing Officer will inform the individual immediately so that the individual can take steps to mitigate notify the Information Commissioner’sOffice within 72 hours of the Company becoming aware of the breach giving the following information:

  • a description of the nature of the personal data breach including where possible the categories and approximate number of individuals and personal data concerned;
  • the name and contact details of the Chief Marketing Officer Data Protection Officer
  • a description of the likely consequences of the personal data breach; and
  • a description of the measures taken, or proposed to betaken, to deal with the personal data breach, including where appropriate the measures taken to mitigate any possible effects.

If notification of a breach is made to the Information Commissioner’s Office then the Company will also send a copy of the notice to:

  • Insurers; and
  • Compliance Manager for Ambant (notification may need to be given to the Financial Conduct Authority).

All breaches must be logged in the Data ProtectionBreach Register. If a decision is made that a breach is not reportable to theICO a full and detailed explanation as to why the breach is deemed not reportable should be recorded in the register.

Fair Processing Guidelines

The Company will adhere to these guidelines when processing personal data so as to ensure that when processing personal data it is fair, lawful and transparent.

The Company will:

  • Only process data where the Company has a valid lawful basis in order to process personal data;
  • ensure when collecting personal data directly from individuals that individuals are aware of:
    - the identity of the person or organisation responsible for collecting the data and of anyone else who collects personal data on behalf of the Company;
    - the purposes for which they intend to process the personal data;
    - any other information needed to ensure fairness to individuals, taking into account the specific circumstances of the processing. This will include informing individuals of any disclosure of information about them to third parties, including disclosure to companies within the same group;
  • be open and direct when dealing with customers and explain how their information will be used. Individuals must be made aware that information is being collected and must always be informed of the purpose for which their information will be used, the source of the information obtained and to whom it may be disclosed. This is done by issuing a Privacy Notice in the form annexed to schedule 1 which is given to customers prior to collecting any personal information and/or included in client agreements, terms of business or other client documentation. Consent clauses should also be present in telephone scripts;
  • obtain where required consents from data subject before processing any personal data;
  • respect the rights of data subjects and ensure that it has procedures in place including ensuring that personal data is processed in away that complies with the business notification to the InformationCommissioner’s Office and in accordance with the Company’s Privacy Notice and this Policy.

Schedule 1

PRIVACY NOTICE

This privacy notice contains importantinformation on who we are, how and why we collect, store, use and sharepersonal information, your rights in relation to your personal information andon how to contact us and supervisory authorities in the event you have acomplaint.

Who we are
InsureStreet )trading as Canopy) (“the Company”)provides professional services to the Lloyd’s, London and international insurance markets.  The Company collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulations which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.

The personal information we collect and use

Information collected by us
In the course of providing insurance services we collect a variety of personal information by phone, email and postal correspondence, through the use of our website, and during our dealings with clients, regulators. Personal information we collect includes the following:

Information collected from other sources

We also obtain personal information from other sources as follows:

  • your employer
  • broker and other insurance market participants such as cover holders, insurance agents, service providers, reinsurers, other insurers, third party agents, legal advisers, loss adjusters and claims handlers
  • credit reference agencies and background reference agencies
  • recruitment agencies
  • antifraud databases, sanctions lists, court judgements and other databases
  • government agencies and regulators
  • publicly available information such as the electoral register and social media websites
  • in the event of a claim, third parties including any other party to the claim(such as a claimant/defendant), witnesses, experts, medical experts, hospitals and other healthcare provider, loss adjusters, lawyers and solicitors, and third party claims handlers.

How we use your personal information

We use your personal information to:

  • provide insurance services to our clients;
  • monitoring our compliance with the laws and regulations that affect us
  • business to business emails regarding information about our business, and invitations to events we hold
  • for our own analysis so we can improve our business and ensure we are offering appropriate insurance products

We will share personal information with regulators including the Financial Conduct Authority, law enforcement or other authorities if required by applicable law.

We will not share your personal information with any other third party.

How long your personal information will be kept

We will hold personal information we collect for the period we are required to retain this information by applicable legal and regulatory provisions which will be currently 6 years from the termination of our arrangements or such other period specified in our DataRetention Policy.

Reasons we can collect and use your personal information

Under the GDPR, we must alway shave your consent or a legal basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it (legal basis). You may withdraw your consent to such processing at any time. However, if you

Transfer of your information out of the EEA

We may need to transfer your data to insurance market participants or their affiliates or sub-contractors which are located outside of the European Economic Area (EEA). Those transfers would always be made in compliance with the GDPR. If you would like further details of how your personal data would be protected if transferred outside theEEA, please contact the data protection contact at Ambant (see ‘How to contact us’ below).

Your rights

Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:

  • access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
  • require us to correct any mistakes in your information which we hold
  • require the erasure of personal information concerning you in certain situations
  • receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
  • object at any time to processing of personal information concerning you for direct marketing
  • object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
  • object in certain other situations to our continued processing of your personal information
  • otherwise restrict our processing of your personal information in certain circumstances

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office(ICO) on individuals rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

  • email, call or write to us OR , our Chief Marketing Officer

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to complain

We hope that can resolve any query or concern you raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns.

Changes to this privacy notice

We may change this privacy notice from time totime,

How to contact us

if you have any questions about this privacy notice or the information we hold about you then you can contact us:

by letter
InsureStreet (trading as Canopy)
We Work
SouthBank Central
30 Stamford Street
London
SE1 9LQ

or

by email
info@findyourcanopy.com

Do you need extra help?

If you would like this notice in another format (for example: audio, large print, braille) please contact us (see ‘How to contact us’ above).