Privacy policy

1. Introduction

Braybrooke Residential Towers (Private) Limitedis a company registered in Sri Lanka with company registration number PV 128387 and our registered office is at No. 117, Sir Chittampalam A. Gardiner Mawatha, Colombo 2, Sri Lanka.

Your privacy is important to us, and we want to assure you that the Personal Data we collect about you will be treated with care. This Privacy Policy will inform you about how we look after your Personal Data when you avail the services of Braybrooke Residential Towers (Private) Limitedwhen you visit our website, interact with us over the phone, via email, through our mobile applications or otherwise by using any of our social media platforms, or contract with us, your privacy rights and the protection afforded by law.

By accepting the terms of the Privacy Policy, contracting with us and/or continuing to avail Whittall Boustead (Private) Limited’s services, you agree that you have read, understood and agreed to this Privacy Policy.

2. Definitions

This Privacy Policy uses a number of definitions which are set out below:

Personal Data: any information which identifies an individual or information relating to an individual who can be identified (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data does not include anonymous data or data that has had the identity of an individual permanently removed.

Processing or Process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organizing, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.

Special Categories of Personal Data: any data which reveals details about sensitive issues such as an individual’s race or ethnicity, religious or philosophical beliefs, sexual relations, sexual orientation, political opinions, trade union membership, information about health, genetic and/or bio metric data.

3. Important Information and Who We Are

Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how we collect and process your Personal Data through your use of the Whittall Boustead (Private) Limited website and mobile applications. This website is not intended for children, and we do not knowingly collect data relating to children unless provided by their parents or guardians.

It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on differing occasions when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.

Data Controller

Braybrooke Residential Towers (Private) Limitedis the Data Controller of all Personal Data relating to our clients, investors, employees and third-party individual contacts, as well as any other Personal Data used in our business for our own commercial purposes. This means that Braybrooke Residential Towers (Private) Limitedis responsible for determining when, why and how to Process Personal Data and for establishing practices and policies in line with applicable data protection law.

Data Protection Officer

Braybrooke Residential Towers (Private) Limitedhas appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below:

Contact details

Full name of legal entity: Shameera Gunathilake

Name or title of DPO: Data Protection Officer

Email address: [email protected]

Postal address: No. 117, Sir Chittampalam A. Gardiner Mawatha, Colombo 2, Sri Lanka.

Telephone number: +94 11 2318335

Your duty to provide accurate information and inform us of changes

It is important that the Personal Data we hold about you is accurate, valid, and current. It is your obligation as well to keep us informed if your Personal Data changes during the continuant of your relationship with us.

Your duty to ensure the security of your own personal devices

It is important that you ensure the security of the devices used to transfer Personal Data to us as no data transmissions over the Internet can be guaranteed to be 100% secure. Therefore, it shall be your responsibility to secure such devises against security and cyber risks.

We will also not ask for your Personal Data or account information (as applicable) by any unsolicited means of communication. Therefore, you are responsible for keeping your Personal Data and account information secure and not sharing it with others.

Third party consent

In the event you provide us with any personal information or data on behalf of another person Including any Personal Data, for the purposes of providing products and services, an inquiry with Braybrooke Residential Towers (Private) Limitedor for any appointment, related contract or requirement, you confirm that that information and data has been obtained by you and provided to us  with the prior specific consent of such person who has fully apprised himself/herself of terms and conditions of this privacy policy.  Such third-party Personal Data or information provided by you shall be accurate, up to date, valid and not include any false, inaccurate information, any misstatements of fact, misrepresentations or the like.

Third-party links

This website / mobile application may include links to third-party websites, plug-ins and applications which are not maintained or controlled by Whittall Boustead (Private) Limited. Clicking on those links or enabling those connections may allow third parties to collect or share data about you based on their own terms of use and privacy. We do not control these third-party websites and are not responsible for their privacy statements. When you leave this website, we encourage you to read the Privacy Policy of every website you visit. We are not responsible for any third- party actions or their security controls in respect of any Personal Data they may collect or process via their website, service or otherwise.

4. The Data We Collect

Personal Data

We may collect, use, store and transfer different kinds of Personal Data about you and those of third parties you disclose to us which we have grouped together as follows:

Personal Data which you directly and voluntarily submit to obtain our services or clarification relating to our services which may include your name, address, national identification number, date of birth, email address, contact information.

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

Usage Data includes information about how you use this website or services.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication 0preferences.

Aggregated Data

When you visit this website / use this mobile applications, we may also collect, use, store and share aggregated, anonymized, statistical or demographic data (Aggregated Data). Aggregated Data may be derived from your Personal Data but is not considered Personal Data in law, as it cannot directly or indirectly reveal your identity.

Aggregated Data may include the time and length of your visit to this website, the pages you have visited on this website, as well as details of the website you visited immediately prior to visiting this website. We may also record the name of your internet service provider. We use this information only to measure site activity and to develop ideas for improving our services.

For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.

If you fail to provide Personal Data or provide inaccurate or false, Personal Data

Where we need to collect Personal Data by law, or under the terms of a contract we have with you, or we are required that information mandatorily to provide the services you are looking for and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In these circumstances, we have the right to cancel or refuse to accept the services you are looking for, but we will notify you if this is the case at the time.

In the event we have reason to believe that any Personal Data provided by you is false, inaccurate, a misstatement of fact, a misrepresentation, an act of identity theft, a violation of any third party right or similar circumstance we have the right to refuse any services you require, terminate our contract if any, with you and where relevant, report you to the requisite regulatory authorities.

5. How is Your Personal Data Collected?

We use different methods to collect data from and about you including through:

Direct interactions. You (or a person or an agent acting on your behalf) may give us your Personal Data by corresponding with us by post, phone, email, directly through the website / mobile application or otherwise. This includes Personal Data provided to us when you:

• give us feedback;
• making complaints on our services.

This website. As you interact with this website/mobile application, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this Personal Data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see paragraph 6 below and our Cookie Policy for further details.

Our mobile website and mobile applications. Our mobile website and mobile applications have the ability to access mobile device information to better serve our clients.

Third parties or publicly available sources. We may receive Personal Data about you from various third parties and public sources such as set out below:

• analytics providers within and/or outside Sri Lanka (such as Google based analytics providers);
• advertising networks based within and/or outside Sri Lanka;
• search information providers within or outside Sri Lanka.

6. How We Use Your Personal Data

We will only use your Personal Data in the manner permitted by law. Most commonly, we will rely on the 3following types of lawful basis to process your Personal Data:

Legitimate Interests:   the interests of Braybrooke Residential Towers (Private) Limitedin conducting and managing our business in order to give you the highest standard of service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Data for our legitimate interests. We do not use your Personal Data for activities where our interests are overridden by the impact on you (unless we have your express consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract:  processing and using your data is necessary for the performance of any contract to which you are a party or to take steps at your request before entering into such a contract and the provision of the same to our service providers, agents and other parties as required for the purpose of facilitating the performance of the contract with you.

Comply with a legal or regulatory obligations:  processing, use and disclosure of your Personal Data may be necessary in order to ensure compliance with legal or regulatory obligations to which we are subject or to comply with requests by Government, law enforcement, regulatory, judicial or related authorities in relation to obligations arising under law, regulation, national or public security or related inquiry.

Purposes for which we will use your Personal Data

We have set out below, in a table format, a description of primary ways we will use your Personal Data, and which types of legal basis we rely on to do so. However, it may not be an exhaustive list and we will be able to provide additional information you may require in that regard upon request. We have also identified what our legitimate interests are where appropriate. We may process your Personal Data for more than one lawful basis depending on the specific purpose for which we are using your data.

Cookies

This website / mobile application makes use of cookies to measure site activity and to enhance your experience in searching our services. Cookies are alphanumeric identifiers that are sent to your computer when you visit websites and online services. If your web browser’s preferences are set to accept it, the cookie is stored on your computer’s hard drive. Cookies enable our and other websites to recognize your preferences and to tailor content to you. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

Change of purpose

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

7. Marketing

We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising.

Third-party marketing

We will request your express consent before we share your Personal Data with any company outside the John Keells Group of Companies for marketing purposes.

8. Disclosures of Your Personal Data

We may have to share your Personal Data with the parties set out below for the purposes set out above.

Internal Third Parties

Other companies in the John Keells Group of Companies, associates of the Braybrooke Residential Towers (Private) Limited, outstation branches and offices based in Sri Lanka and other countries who are acting as joint controllers or processors.

External Third Parties

• Service providers, contractors, and agents acting as processors based on who provides services such as data processing and analytics, marketing and research, revenue optimization and other services to John Keells Holdings in connection with the operations of the business of The John Keells Holdings Group.
• Business partners of Whittall Boustead (Private) Limitedassociated with its sectors such as leisure, transportation, retail, etc.
• Professional advisers or those acting as processors or joint controllers, including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• With any law enforcement authority or governmental institution for security or any other investigative purpose.
• Regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this Privacy Policy.

We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.

9. International Transfers

We are part of the John Keells Group of Companies that is one of Sri Lanka’s largest conglomerates listed in the Colombo Stock Exchange, and we operate in many different jurisdictions hence, accordingly, it may be necessary to transfer your data outside Sri Lanka.

10. Data Security

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions, and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Please bear in mind that we cannot accept responsibility for any unauthorised access or loss of Personal Data that is beyond our control.

11. Data Retention

How long will you use my Personal Data for?

We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal or reporting requirements.
To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you may ask us to delete your data.

In some circumstances we may anonymize your Personal Data (so that it can no longer be associated with you, and you can no longer be identified by it) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your Legal Rights

Under certain circumstances, you have the following rights under data protection laws in relation to your Personal Data:

• Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
• Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us or the DPO (contact information provided above).

No fee usually required

You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is unfounded, unreasonable, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We will use all best endeavours to respond to all legitimate requests within twenty-one days. Occasionally, it may take us longer if your request is particularly complex or you have made a number of requests. We will keep you updated in such case.

12. Changes to this Privacy Policy

Braybrooke Residential Towers (Private) Limitedmay amend this Privacy Policy from time to time in accordance with applicable laws, regulations, best practices and John Keells Group policy and the updated version will be posted on this website. We request that you revisit this website from time to time for updates on the Privacy Policy.

Historic versions of this Privacy Policy can be obtained by contacting the DPO.

The Privacy Policy may be translated into different languages, and in the event of any inconsistency among the versions, the English version shall prevail.

13. Clarifications or Complaints

If you have any comments, questions, concerns or complaints about the contents of this Privacy Policy or the way in which we use your information, we encourage you to contact the DPO (information provided above) in this regard.