Privacy Policy – Pacto application

Last Updated: 23-June-2023

  1. Introduction

Thank you for using the Pacto application (“Pacto”) to establish a lease agreement with your Tenant/Property Owner and to manage your relationship with the other party as it pertains to that agreement. Trust is imperative in the establishment of such an arrangement not only between you and your Tenant/Property owner but also trust in Habitat for Humanity Poland - your Sponsoring Organization - and Verent Solutions the owner and developer of the Pacto application. Habitat for Humanity Poland is committed to protecting the privacy and security of your personal data without which we would not be able to provide the services and assistance we aim to deliver through your use of the Pacto application.

Habitat for Humanity - Poland helps underprivileged individuals in difficult housing situations. That means people who do not have a place to live or those who live in unsuitable conditions.

The Pacto application is a product of Verent Solutions, PBC. Verent Solutions designs, develops and deploys products and services to address market inefficiencies and improve the relationships between tenants, property owners, municipalities and housing service providers.

1.1 Data Controller

When this policy mentions “Habitat for Humanity - Poland”, “HFHP” “we”, “us” or “our” it refers to the  

Habitat for Humanity Poland  («Data controller») 

Kozia 3/5 lok. 8 00-070 Warszawa 

Register of associations, other social and professional organizations, foundations and independent public health care facilities of the National Court Register under KRS number 0000143344 

 

which is responsible for processing your information in accordance with the applicable national and EU laws and rules such as EU Regulation 2016/679 of April 27, 2016, hereinafter referred to as "RODO".  

This policy describes how We collect, use, process, and disclose your personal information in conjunction with your access to and use of the Pacto application and other HFHP services. 

 

In matters related to the processing of personal data and the exercise of the rights of data subjects, the Data Controller may be contacted at: rodo@habitat.pl or by regular mail to the Administrator's address. 

2. Information we collect.

There are 4 general categories of information that we collect. This information may contain the following categories of personal data: a) name, b) gender, c) nationality, d) country of residence e) date of birth, f) telephone number, g) e-mail address h) electronic signature. Providing the personal data is voluntary, but necessary to access the Pacto application and for HFHP to implement our support services, such as the ability to purchase insurance or access other services provided to Users by HFHP. Failure to provide data may make completely impossible to utilize the Pacto app, make it difficult to use the service as intended or participate in the Step Into Your Home program. HFHP obtains your personal data either directly from 1) your use of the Pacto app, 2) applications or forms outside of the Pacto app or 3) through a third-party (i.e. real estate agent, another Sponsored User, referral from another organization.)

2.1 Information you give us that is necessary for the use of the PACTO application.

We ask for and process the following information about you when you use the Pacto application. This information is necessary for you to be able to register and use the Pacto app and based upon our legitimate interest to in providing you with the ability to benefit from the full use of Pacto app features. Furthermore, we may use some of your personal information to fulfil our legal obligations. Without the information, we may not be able to provide you with the requested services.

  • Account information: When signing up as a Sponsored User of the Pacto application, we require certain information such as your full legal name, email address, mailing address, date of birth, phone number and country of residence.

  • Profile and listing information: To use certain features of the Pacto application such as creating a lease agreement or property profile, we may ask you to provide additional information such as rental property address, rental unit type, size, description, rental registry number and GPS location of property.

  • Identity verification information: To help create and maintain a trusted environment, we may process information to enable us to verify your identity either directly through an in-person verification process or through the app using a third-party service provider.

  • Your electronic e-Signature: To digitally sign a lease agreement, we will ask for your signature to be electronically entered into the agreement template once terms have been agreed.

  • Communication with other Pacto application users: When you use the PACTO application to communicate with other Users, we process data to enable your communication to be directed to the appropriate other party.

2.2 Information you choose to give us that allows you to use specific features of the Pacto app, allows us to improve the Pacto experience and its incorporation in our programs

You may choose to provide us with additional data that enables you to access certain features and maximize the benefit of the use of the Pacto app. You may also choose to provide us with data that allows us to improve your experience both of the Pacto app and your participation in our programs. This information will be processed based upon the legitimate interest of HFHP to improve the integration of the Pacto service integration into our programs or, when applicable, your consent.

  • Additional profile information: You may choose to provide us with additional information such as gender, preferred language, profile picture, mailing address, or number of household members.

  • Photos: You may choose to upload pictures of the property or attach images of the property and it inventory at time of move-in/move-out. While HFHP doesn’t intentionally process personally indefinable information within these photos. You may also choose to provide photos or screen captures (still images/videos) when providing feedback to HFHP.

  • Rental payment information: You may choose to provide rental payment information to accurately record a history of your transactions with the other party to a lease agreement.

  • Communication with HFHP: When you communicate with HFHP, we process information about your communication and any information you choose to provide.

  • Other information: You may also choose to provide us with additional information when you respond to surveys, request referral services, communicate with HFHP staff, or request other types of support from HFHP.

2.3 Information we automatically collect from your use of the Pacto application.

When you use the Pacto application, we automatically process information about the services you use and how you use them. We process this information based upon our legitimate interest in providing and improving the services that we provide to you through the Pacto application and for the purpose of fulfilling our legal obligations. This may relate to the data including log data, usage information (e.g. events, actions, interactions), IP address, type of data connection, access dates, times and lengths, device information (hardware and software, device event information, unique identifiers crash data), as well as approximate location (e.g. city).

  • Usage information: We process information about your interactions with the Pacto app and actions within the Pacto application for analytical and statistical purposes. For example, we process event data about a lease agreement being finalized and signed or when a reported issue has been marked as resolved. We may use this information in combination with other information to provide you with other services and support.

2.4 Information we collect about you from third parties.

We may collect information, including personal information, that others provide about you when they use the Pacto application. We do not control, supervise or respond to how others process your personal information and any information request regarding the disclosure should be directed to such third parties.

  • User Referrals or Invitations: If you are invited to Pacto, the person who invited you may submit personal information about you such as your name, email address and phone number.

2.5 Children’s Data

The Pacto application is not directed to children under the age of 16 and we do not knowingly collect any personal information from children. If you believe that we are processing personal information belonging to a child inappropriately, we ask that you contact us immediately using the information provided in the contact section.

3. How We use the information we collect

We may collect, use, store and process your personal data to (1) provide you access to the Pacto and its features and to understand your usage our services provided through Pacto application, (2) our legitimate interest in creating and maintaining a safe, secure and trusted environment for all users, and (3) fulfil our legal obligations to such as donor reporting, and audits.

3.1 To provide you access to the Pacto app and its features such that we can:

  • Enable you to use and access the Pacto application

  • Enable you to communicate with other users of the application

  • Send you service or support messages

  • Enable the listing of a property to be leased

  • Enable the establishment of a legally binding lease agreement to be signed with e-signatures between parties to the agreement

  • Enable usage of e-signed agreements outside of the application

  • Enable you to report issues and payments

  • Enable you to record the handover of the rental unit at move-in

  • Provide support services

  • Enable you to access other HFHP services

  • Enable automated translation.

  • Enable you to access translations of messages sent by other parties.

We process this personal information for given these legitimate interests in providing you access to the Pacto and its features and where it is necessary to ensure the adequate performance of our legal obligations.

3.2 Create and maintain a safe, secure, and trusted environment for all Users.

  • To detect and prevent fraud, spam, abuse, security incidents and other harmful activity.

  • To conduct security investigations and risk assessment, verify or authenticate information or identifications provided by you (such as to verify your Accommodation address or compare your identification photo to another photo you provide),

  • Comply with our legal obligations,

  • Resolve any disputes with any of our Users and enforce our agreements with third parties,

  • Enforce our Terms of Service and other policies

In connection with the activities above, we may conduct profiling based on your interactions with the Pacto application, your profile information and other content you submit to the Pacto application, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the Pacto application if such processes detect activity that we think poses a safety or other risk to the Pacto application, our Users, or third parties. If you challenge the decisioning based on the automated process, please contact us as provided in the Contact Us section below.

We process this personal information for these purposes given our legitimate interest in protecting the Pacto application, our Sponsored Users, to ensure the adequate performance of our legal obligations.

3.4 Measure and report on service delivery outcomes

As an foundation, HFHP has a legal obligation to report to its Donors, and if chooses to do so, the general public on its contributions and achievements. In order to do so we may report anonymized aggregate data to our investors on the contributions of the service to improving security of tenure and relationships between tenants and property owners.

We may report on the general profile of users and their interactions with the application and other users of the application.

4. Sharing and Disclosure

4.1 Sharing between Users

In order for us to fulfil HFHP’s role as a facilitator of the leasing/letting of property between Users and other interaction between Users, the Pacto app may need to share certain information, including personal information, with other Users as it is necessary to enable you to use certain key features of the application such as negotiating and signing your lease agreement.

  • When you as a Tenant seek to rent a property, certain information about you is shared with the Property Owner including your name, email, and phone number. When signing a lease agreement additional information which may be required under national law for entering a legal lease agreement may be shared with the property owner and attached as an appendix to the lease agreement.

  • When you as a Property owner seek to rent your property to a Tenant, certain information about you is shared with the prospective tenant including your name, email address, phone number, property location and description, and contract proposal information.

  • When you as a tenant invite a Co-signer to the lease agreement for the rental of a property, certain information about you is shared with the Co-signer including your name, email address and phone number.

4.2 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.

We may disclose your information, including personal information, to courts, law enforcement, governmental authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with a valid legal request or to respond to claims asserted against Us, (iii) to respond to a valid legal request relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, or other agreements with Users, or (v) to protect the rights, property or personal safety of HFHP, its employees, its Users, or members of the public. For example, if permitted due to the forgoing circumstances, the lessor’s tax information may be shared with tax authorities or other governmental agencies.

These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our or a third party’s legitimate interest in keeping the Pacto appl secure, preventing harm or crime, enforcing or defending legal rights, facilitating the collection of taxes and prevention of tax fraud or preventing damage.

Where appropriate, we may notify Users about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon HFHP’s property, its Users and the Pacto application. In instances where we comply with legal requests without notice for these reasons, we may attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.

4.3 Service Providers

HFHP uses a variety of third-party services – including those of Verent Solutions - to enable us to provide the services related to the Pacto application and its integration into our programs. These Service providers may be located inside or outside the EEA. Our service providers are based in the US and European Union.

HfHP endeavors for all of the data processing to be carried out in the EEA. If a transfer outside EEA occurs, HFHP shall secure it with the appropriate legal safeguards (in particular Model Clauses) as well as implement additional security measures, as the case may be. Should you want a copy of such safeguards except for the information constituting business secret, please contact us using the Contact details.

For example, service providers enable us to 1) provide you access to the Pacto app 2) verify your identity and enable user registration 2) create e-signature lease agreements 3) to secure the application and its services 4) enable User to User communication and provide customer support services. These providers have limited access to your personal data to the extent needed to perform the service and are contractually bound by data processor agreements or the legal equivalent to protect your data. These third parties only use personal data in accordance with our instruction. HFHP only shares data for the legitimate interest (either ours, data subjects’ or third party’s) of enabling you to access and utilize the Pacto application or to access HFHP services outside of the application.

HFHP may transfer personal data processed in the Pacto app to entities processing data on behalf of the HFHP outside of the application. In particular, entities operating IT systems or providing IT tools, entities cooperating with the HFHP in handling accounting, tax, legal matters, and their authorized employees, but only to the extent necessary for the proper performance of these services - access to personal data is granted only to persons for whom there is justification for such access due to the tasks performed and services provided. In contracts concluded with such entities, we require compliance with applicable data protection regulations,

4.4 Referrals to other Service providers

In cases where you ask for support in resolving an issue that goes beyond HFHP’s internal expertise to resolve, you may request that Habitat for Humanity Poland share limited personal information to another service provider in order to enable you to access additional or supplementary services. In such cases, [Sponsoring Org] will ask for explicit consent to share your personal data and inform you of what aspects of your personal data will need to be shared to facilitate your request.

4.5 Marketing

HFHP does not share or sell any personal information with any third party for the purposes of marketing and advertising.

4.6 Business Transfers.

If HFHP undertakes or is involved in any merger, acquisition, divestiture, reorganization, sale of assets, bankruptcy, or insolvency event, then we may transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

4.7 Aggregated Data.

We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes.

5. Other important information

5.1 Analyzing your Communications.

Neither HFHP nor Verent have access to the details of specific communication between you and other Users, unless: i) all of the parties who are communicating with each other consent, ii) either of Party flags an important issue with the communication (i.e. abusive language, threats, spam etc.) iii) we have a justified reason to suspect that our application is being misused, or iv) if we receive a formal legal request by competent authorities/court, (v) there is a specific obligation stemming from applicable law provisions.

With respect to prerequisites mentioned under points ii) and iii) there shall be performed a test on weighing rights of the data subjects and other parties’ rights. The details of communication between you and other User shall be accessed only if the outcome of the test justifies such access. Both HFHP and Verent do maintain access to the Subject and metadata in relation to complaints and issues that have been tagged as belonging to a pre-defined category of issue.

Should HFHP perform these activities as a data controller, they are carried out based on HFHP’s legal obligation, data subjects’ consents or legitimate interest in ensuring compliance with our Legal Notice, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.

6. Your Rights

6.1 Managing your information

You have the right to manage and update some of your information through your profile settings. You are responsible for keeping your personal information up-to-date and ensuring that the information you have provided is accurate. The application will occasionally send you reminders to verify your information.

6.2 Right to request changes to personal information

You have the right to request that we make changes to inaccurate or incomplete personal information about you that you are unable to change yourself through the application.

6.3 Your Right to Access and Data Portability

You have the right at any time to request access to the personal data HFPH processes about you and to have that data provided to you in structured, commonly used, and machine-readable format.

In cases where your data is processed on the basis of a contract as well as on the basis of your consent, you also have a right to receive the personal data concerning you that you have provided to HFHP.

You have the right at any time to request that we transfer the controllership of your data to another entity. You may request that the we transfer your data to Verent Solutions such that you can continue to use Pacto after your Sponsorship Period ends or to another entity or organization. Such a request shall not hinder the Our right to retain and use copies of your data for which the we have established legal grounds to continue processing the your data under GDPR outside Pacto Platform (i.e. donor reporting, compliance, etc).

6.4 Your Right to request restriction of processing.

In certain cases, you have a right to request restriction of processing your data. You have the right to request the restriction of the processing of your data in situations and on the terms indicated in Article 18 of the RODO. You may request the restriction of the processing of your personal data for the period of verification of its accuracy or until your objection to the processing is considered. This right also applies when, in your opinion, the processing of your data is unlawful, but you do not want the data to be erased immediately, or when you need the data for longer than the assumed period of processing, due to issues of establishing or defending claims),

6.5 Data Retention and Erasure.

We generally retain your personal information for as long as is as is necessary for fulfilling particular purposes justifying data processing such as being necessary for the performance of a contract or legitimate interests pursued by the HFHP or by a third party. Should a certain retention period result from the generally applicable provisions of law, we shall of course comply with such legal provisions. In situations where it will be necessary for evidentiary purposes, personal data may also be kept until the statute of limitations for claims or the end of legal proceedings.

You can also request to have all your personal information deleted entirely pursuant to Article 17 of the RODO ("right to be forgotten"). This right applies in cases where: 1. the data is no longer necessary for the purpose for which it was collected or is being processed; 2. You have withdrawn consent to the processing of your personal data and there are no legal grounds to continue the processing despite this; 3. You object to the processing and there is no overriding legitimate grounds for the processing; 4. You object to the processing of your personal data for the purposes and for direct marketing (including profiling); 5. The processing is not or was not in compliance with the RODO or other laws; 6. The personal data was collected in relation to offering directly to persons under 16 years of age information society services (e.g. e-commerce, social networks).

Please note that if you request the erasure of your personal information:

We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an Pacto account for fraud or safety reasons, we may retain certain information from that Pacto account to prevent that User from opening a new Pacto Account in the future.

We may also retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Pacto may keep some of your information for tax, legal reporting and auditing obligations.

Some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.

We will on a regular basis delete inactive User accounts - and all associated personal data - for which, we no longer have a legitimate interest in data retention.

6.6 Retention and erasure of data by third party service providers.

Along with any request to have your personal information deleted, HFHP will request that any third-party service provider delete your data as well. Please note that if you request the erasure of your personal information:

E-Signed agreements. Your personal data will not be removed from any e-signed agreement between you and another party. These e-signatures will be retained for as long as necessary to comply with legal requirements on legal document retention.

6.7 Objection to processing

You have the right to object to the processing of your data for specific purposes in case where the data in being processed based upon the grounds of legitimate interest (either ours or a third party’s). If you object to processing, HFHP will cease to process your data unless we can provide compelling legitimate grounds for continuing to process.

For any processing based on consent, you may withdraw consent at any time without affecting the lawfulness of the processing that took place before the withdrawal.

6.8 Withdrawal of consent

For any processing based on consent, you may withdraw consent at any time without affecting the lawfulness of the processing that took place before the withdrawal. Such withdrawal may be executed by through the channel used for giving the original consent or by contacting:

6.9 Lodging complaints

You have the right to lodge a complaint against the processing of his/her personal data by the Administrator to the President of the Office for Personal Data Protection (address: 2 Stawki Street, 00-193 Warsaw).

7. SECURITY

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Pacto account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Pacto account, please contact us following the instructions in the Contact Us section below.

8. CHANGES TO THIS PRIVACY POLICY

HFHP reserves the right to periodically review and modify this Privacy Policy. Such modifications will most often be introduced for safety reasons, due to legal and regulatory requirements, modification of the scope of the Pacto app features or introduction of new features to the Pacto application. They shall be effective after a set effective date calculated from the date of publication of the notice in the Pacto application or sending the appropriate information to your e-mail address assigned to your account in the system. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Pacto Application and the HFHP’s website and update the “Last Updated” date at the top of this Privacy Policy.

9. Contact Us

If you have any inquires on how we process your personal data or want to exercise your rights, send an email to the Habitat for Humanity Poland data protection team:

Email address: rodo@habitat.pl

or by regular mail to the Administrator's address