(A) Introduction: ESR India is represented for the purposes of this policy by ESR Development Partners LLP. All references in this policy to “ESR”, “our”, “us” or “we” refer to ESR India and our affiliated companies within the boundaries of India. All references in this policy to “our website” are a reference to the website owned by ESR at (•) enter website link.
(C) Scope of this Policy:
This Policy describes our practices in connection with personal information that we may collect through:
1. Our website;
2. Our social media pages;
3. Any other online or electronic communications with you as our investor, customer, prospective investor or
4. customer, third party provider, counterparty or supplier (or a representative of any of them); and
Any offline business interactions that you have with us, such as investor, customer or marketing events that we host.
Depending on our relationship with the visitor, we may collect and use their information in different ways.
(D) What this Policy contains: This Policy describes the following important topics relating to the information: ]
1. How we obtain your personal information;
2. Collection of your personal information and how we use it;
3. Our legal basis for using your personal information;
4. How and why we share your personal information;
5. How long we store your personal information;
6. Marketing; and
7.Changes to this Policy.
(E) What the visitors need to do and such confirmation to us: Please read this Policy carefully to understand how we handle your personal information. By engaging with us in the ways set out in this Policy, you confirm that you have read and understood the terms of this Policy.
1. How we obtain your personal information
1.1 You may provide us with your personal information as a result of communications regarding a tenancy for one of our properties, or from your attendance at one of our marketing events. You may also give us personal data about yourself by signing up to any of our online forms/documents such as a brochure, newsletter, annual report or any other document provided on our website.
1.2 We may also receive information about you from third parties such as sellers of marketing lists or our suppliers which we refer to as “third party sources” or “suppliers” throughout this Policy.
2. Collection of your personal information and how we use it
Please go to the sections below that best describes our relationship with you to find out the information that we collect about you and how we use this information. We refer to this as “personal information” throughout this Policy.
2.1 Visitors to our website
(a) What personal information we collect about you?
We, or third parties on our behalf, may collect and use the following information, created and recorded automatically, when you visit our website:
(i)Technical information. This includes the internet protocol (IP) address used to connect your computer to the internet address, the website address and country from which you access information, the files requested, browser type and version, browser plug-in types and versions, operating system, and platform. We use this personal information to administer our website, to measure the efficiency of our systems and to undertake an analysis on the locations from which people access our webpages; and
(ii) Information about your visit and your behaviour on our website (for example, the pages that you click on). This may include the website you visit before and after visiting our website (including date and time), time and length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, traffic data, location data, weblogs and other communication data and information provided when requesting further service or downloads.
(b) How we use your personal information?
We may collect, use and store the personal information listed above for the following reasons:
(i) for improvement and maintenance of our website; and
(ii) to evaluate your visit to the website and prepare reports or compile statistics to understand the type of people who use our website, how they use our website and to make our website more intuitive. Such details will be anonymised as far as reasonably possible and you will not be identifiable from the information collected.
2.2 Irrespective of our relationship with you, we may also collect, use and store your personal information for the following additional reasons
(a) to deal with any enquiries or issues you have about how we collect, store and use your personal information, or any requests made by you for a copy of the information we hold about you. Even if we do not have a contract with you, we may process your personal information for these purposes where it is in our legitimate interests for customer services purposes;
(b) for internal corporate reporting, business administration, ensuring adequate insurance coverage for our business, ensuring the security of company facilities, research and development, and to identify and implement business efficiencies. We may process your personal information for these purposes where it is in our legitimate interests to do so;
(c) to comply with any procedures, laws and regulations which apply to us – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others to comply, as well as where we are legally required to do so; and
(d) to establish, exercise or defend our legal rights – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others, as well as where we are legally required to do so.
3. Our legal basis for use of your personal information
We consider that the legal bases for using your personal information as set out in this Policy are as follows:
(a) our use of your personal information is necessary for performance of our contracts with you (for example, the lease under which you rent one of our properties or the supplier agreement which exists between us); or
(b) our use of your personal information is necessary for complying with our legal obligations (for example, for health and safety purposes or carrying out background checks in order to comply with our regulatory requirements); or
(c) where neither (a) nor (b) apply (and if applicable in your jurisdiction), use of your personal information is necessary for our legitimate interests or the legitimate interests of others (for
example, to ensure the security of our website). Our legitimate interests may be to:
(i) run, grow and develop our business;
(ii) select appropriately skilled and qualified suppliers;
(iii) carry out marketing, market research and business development;
(iv) provide services to our customers; and
(v) carry out internal group administrative activities.
4. How and why we share your personal information with others
4.1 We may share your personal information with our group companies where it is in our legitimate interests to do so for internal administrative purposes (for example, corporate strategy, compliance, auditing and monitoring, research and development and quality assurance).
4.2 We will share your personal information with the following categories of third parties:
(a) service providers (for example for database hosting, platform providers, mailing services or background check providers);
(b) property and facilities management providers;
(c) business partners, suppliers and sub-contractors;
(d) our company secretarial service providers; and
(e) our lawyers and other professional advisers.
4.3 We will always ensure that any third parties with whom we share your personal information are subject to privacy and security obligations consistent with this Policy and applicable laws.
4.4 We will also disclose your personal information to third parties:
(a) where it is in our legitimate interests (if applicable) to do so to run, grow and develop our business:
(i) 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 and/or to their professional advisers;
(ii) if all or a substantial part of ESR or any of its affiliates’ assets are acquired by a third party, in which case personal information held by ESR will be one of the transferred assets;
(b) if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, any lawful request from government or law enforcement agencies and as may be required to meet national security or law enforcement requirements or prevent illegal activity;
(c) in order to enforce or apply our terms and conditions or any other agreement or to respond to any claims, to protect our rights or the rights of a third party, or to prevent any illegal activity; or
(d) to protect the rights, property, or safety of ESR, our staff, our customers (including residents) or other persons.
This may include exchanging personal information with other organisations for the purposes of fraud protection and credit risk reduction.
5. How long we store your personal information
5.1 We retain personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.
5.2 The criteria used to determine our retention periods include: (a) the length of time we have an ongoing relationship with you and provide our services to you (for example, for as long as you keep using our services); (b) whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or (c) subject to our document retention policy in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
6.1We may collect and use your personal information for undertaking marketing by email, telephone and post.
6.2 We may send you certain marketing communications (including electronic marketing communications to existing customers) if it is in our legitimate interests to do so for marketing and business development purposes.
6.3 However, we will always obtain your consent to direct marketing communications where we are required to do so by law and if we intend to disclose your personal information to any third party for such marketing.
7. Changes to the Policy
We may update this Policy from time to time. Any changes we make to this Policy in the future will be posted on this page and, where appropriate, notified to you by a prominent announcement on our website. Please check back frequently to see any updates or changes to this Policy.