
Definitions
App – meaning the App available to download from the Apple App Store, Google Play, or accessed via a web browser at https://residents.dandaraliving.com
Cookie – means a small text file placed on your computer or device by the App when you use the app.
Development - meaning a rental property managed by Dandara Living Management Limited
Dandara Living Management Limited – registered under company number 10421427 and located at Vertex 2nd Floor, 1 Tabley Court, Victoria Street, Altrincham, England, WA14 1EZ
Residents - meaning an individual with a current tenancy agreement residing in a Development
Ping Services Limited – registered under company number 12319160 and located at Office 6, Town Hall, 86 Watling Street East, Towcester, Northants, England, NN12 6BS
Introduction
Dandara Living Management Limited make use of software provided by Ping Services Limited to bring our Residents this App. Through the App a Resident can access features allowing them to book services and/or gain access to specific amenities within a Development. Consequently, what follow are Terms that are applicable to the use of the App as provided by Ping Services Limited, along with information regarding how both Dandara Living Management Limited and Ping Services Limited manage your Personal Data.
PLEASE READ THE FOLLOWING CAREFULLY
Privacy
Dandara Living Management Limited and Ping Services Limited (‘we’ or ‘us’) will store and use personal data that is collected from you when you use the App.
Dandara Living Management Limited (‘Dandara Living’) is the ‘controller’ and Ping Services Limited (‘Ping Services’) the ‘processor’ of personal data collected through the App for the purposes of applicable data protection laws.
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This is provided in the Fair Processing Notice and Privacy Policy below and it is important that you read them.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
The App
As permitted in these terms we license you to use:
Apple App Store and Google Play Store
If you download the App to your Apple or Android device, the ways in which you can use the App, Documentation and Services may also be controlled by the Apple App Store’s and/or Google Play’s rules and policies. Those rules and policies will apply instead of these terms where there are differences between the two. Their rules and policies can be found here:
Hosting
The App and Service are hosted by Digital Ocean and Amazon AWS (back up). The ways in which you can use the App and Service are also controlled by their terms of service, which will apply instead of these terms where there are differences between the two. Their terms of service can be found here:
Registration
Registration for the App is by invitation only. You will only be invited to use the App on becoming a Resident. If any of your information on the registration screen is incorrect, you must contact Dandara Living prior accepting the Terms and making use of the App.
You will be required to set a password to control your access.
Completing registration requires that you read and accept these Terms.
Password
You can change your password in your account at any time. You must keep your password confidential, and you must not share or disclose it to anyone else. You should not use the same password as you use for accessing other online services such as your email. Services for creating strong randomised passwords such as https://www.lastpass.com/features/password-generator exist if you require help with this.
If at any time you suspect your password has been compromised, you should change it as soon as possible and let Dandara Living know. A password reset email can be triggered should you require it.
Using the App
You may:
You have the personal right to use the App and the Service as detailed. You must not share your access to the App with any other person, nor allow any other person to use the App.
If you sell, transfer or dispose of any device (e.g. a mobile phone) on which the App is installed, you must first remove the App from it. You should also consider resetting your device in such circumstances.
If you download the App onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether you own the device or not. You must only download the App onto a device that you personally control and use, even if it is not owned by you.
Technical data about your device will be collected as part of using the App and Service. This will relate to software such as the operating system, hardware and peripherals. This is as part of the checks required to ensure the App will run on your device. Statistics generated typically include aggregated data about devices and operating systems.
Support and Issues
You should raise any issues with Dandara Living in the first instance. A feedback form is provided within the App allowing you to do this. If necessary, Dandara Living may contact you for more details and will do so using any of the contact methods currently held on file.
Details of your issue may be shared with Ping Services to facilitate fixes required and help to support future feature and development requests.
Changes to the App and Service
From time to time that App and Service may be automatically updated to improve performance, enhance functionality, reflect changes to operating system(s) or address security issues. Alternatively, you may be prompted to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service.
Changes to these Terms
Changes to these Terms may be required from time to time to reflect changes in law or best practice or to support additional features that are introduced. You will be notified of any changes when you next start the App. If you do not accept the notified changes, you will be unable to continue to use the App and the Service.
Links to other Websites and Services
The App or any Service may contain links to, or permit communication with, other independent websites or providers of services or products which are not provided by Dandara Living or Ping Services. As these are not under our control, neither Dandara Living nor Ping Services are responsible for their content, services, products or privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites or providers of products or services, including whether to buy any products or services offered by them. By including links or permitting communication through the App to third parties, neither Dandara Living or Ping Services recommend or endorse their products or services. We will not be liable for any loss or damage that may arise from your use of them.
Licence Restrictions
You agree that you will:
Acceptable Use Restrictions
You must:
Intellectual Property Rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and our licensors and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
Responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
The App and Services do not offer advice on which you should rely. Although reasonable efforts are made to ensure information provided by the App and Service are up to date and relevant, no representations, warranties or guarantees, whether express or implied, are made that such information is accurate, complete or up to date. You must obtain professional or specialist advice before taking, or refraining from, any action based on information obtained from the App or the Service.
The App and Service is offered free to Residents. The App and Service are provided on an ‘as-is’ basis. It is not guaranteed or warranted that the App and Service will be uninterrupted or error free.
Please use up to date anti-virus software: It is recommended that you use up to date anti-virus software on any device used to access the App and Service. It is not guaranteed or warranted that the App or Service will be free of viruses or other malware.
If the access to, provision of or support for the App and Service is prevented and/or delayed by an event outside the control of Dandara Living and Ping Services, neither will be liable for delays caused by the event.
Ending your right to use the App and Services
Your right to use the App will automatically come to an end when you are no longer a Resident. Dandara Living will remove your access to the App on the day you move-out, or shortly thereafter. You should also remove the App from your device at this time.
Dandara Living and Ping Services reserve the right to withdraw your access to use the App and Services at any time if you have broken these Terms. If what you have done can be put right, you may be given a reasonable opportunity to do so, but neither Dandara Living nor Ping Services will be obliged to do so.
If your rights to use the App and Services are withdrawn your account will be disabled so that you cannot access the App and Service.
In exceptional circumstances the remote removal of the App from your device may be required for legal or technical reasons. An example might be to fix a critical vulnerability. This would only be possible through coordination with the app store providers.
Transferring your rights to some else
You may not transfer your rights or your obligations under these terms to another person.
Rights for Third Parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds any part of these Terms illegal
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.
Delays in enforcing Terms
Even if there is a delay in enforcing these Terms, they can still be enforced later. If it is not insisted you do anything you are required to do under these terms, or there is a delay in taking steps against you in respect of your breaking these Terms, this will not mean that you do not have to do those things and it will not prevent steps being taken against you at a later date.
Law governing these Terms
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
Use of Social functions within the App including Marketplace
The App offers Residents the ability to interact with each other and Development staff via a Social Media style interface.
The content in this area is broken down by categories and communities.
By default, you will be automatically added to the News & Updates community for your Development. This is to ensure you can see important updates from Development staff.
In all other cases you must choose to become part of a community in order to receive updates related to it.
Posting
Posts made by you on the platform may be subject to moderation by Dandara Living and/or Ping Services.
Posts must adhere to the Acceptable Use Restrictions. In addition, any post that is considered to incite, promote, reference, or otherwise feature the following will be removed:
As well as human intervention, the App has various built-in and automated moderation features to assist in the prevention of inappropriate content reaching community news feeds. However, neither Dandara Living nor Ping Services will be liable where a Post with content breaching these Terms may make it past detection, but all reasonable efforts will be made to remove any Post that is in breach of these Terms as quickly as possible thereafter.
If you attempt to Post content and material that is in breach of the Terms you may be prevented from accessing the App. Furthermore, should the Post indicate activities that are not permitted under your Tenancy Agreement, Dandara Living may bring your Tenancy to an end.
Dandara Living will report any attempts to post illegal activities to the relevant authorities.
Marketplace specific posts
In addition to the Terms governing Posts in general, if you wish to sell or exchange an item the following are not allowed:
Remember that it is against the Terms of your Tenancy agreement to operate a business from your residence.
Fair Processing Notice
This Fair Processing Notice explains how Dandara Living Management Limited and Ping Services Limited (‘we’ or ‘us’) will store and use personal data that is collected from you when you use the App, the data supplied with the software and App, and any updates or supplements to it.
Dandara Living Management Limited is the ‘controller’ and Ping Services Limited the ‘processor’ of personal data collected through the App for the purposes of applicable data protection laws.
Information that you provide to us
We will collect and process personal data about you:
You can edit or delete any accepted posts you make within the App by selecting the three dots that appear to the right of the post. You can also inform us of any changes to your details.
If you post a comment into the public areas of the App, this will be viewable by all residents who are signed up to the App, along with your name and any profile photograph you choose to include. When your tenancy comes to an end, your profile will be deleted and posts into public areas of the App will be removed from the resident feed and back-office. Audit logs referring to your public posts may be retained for up to 6 years.
We will use the information you provide to us via the App
We will disclose the personal data we hold about you to
Ping Services Limited who provide the App services to us, and their sub processors Digital Ocean and Amazon AWS, who provide storage for services provided by the App.
We may disclose the personal data we hold about you to
Educated Body a trading name of Raw Corporate Health Limited or Motive8 Limited, to meet legal requirements in relation to your use of the gym in our Development and any fitness classes you choose to attend.
Fixflo a trading name of Tactile Limited, to facilitate maintenance requests you may make.
To relevant third-parties when providing event services that you may choose to attend. For example dietary preferences, when required.
Our legal basis for processing your personal data
If you are a resident using the App, our legal basis for processing your personal data is that it is within our Legitimate Interest in order that we may arrange for the provision of services to you. We consider that our legitimate interests do not override your rights in so far as users of the App have discretion regarding which services they may wish to obtain.
In certain circumstances, it may be necessary to use data obtained via the App for the purpose of entering into, managing, or terminating an agreement with you in relation to services made available via the App.
If you otherwise contact us via the App or in relation to your data protection rights, our legal basis for processing your personal data is that it is necessary for our legitimate interest in conducting our business and meeting the requirements of customers.
Cookies
Some Cookies are required in order for the App to provide its functionality. These Cookies are deemed to be “strictly necessary” and are shown in the table below. Your consent will not be sought to place these Cookies. Some Cookies are used to help us track your user journey through the app and its most popular areas for the purposes of ongoing improvement and understanding resident preferences. You have control of these Cookies and can provide consent and withdraw it at any time through Cookie Settings within your Account.
Cookies Used
The following first party Cookies may be placed on your computer or device:
Name of Cookie: wc_fragments_#
Purpose: Stores a visitors login information so they don’t need to keep logging in if browser closed
Type: HTML
Provider: Ping-services.com
Strictly Necessary? Yes
Date of Expiry: End of Session
Name of Cookie: _ga
Purpose: Registers a unique ID that is used to generate statistical data on how the visitor uses the website.
Type: HTTP
Provider: Google Analytics
Strictly Necessary? No
Date of Expiry: 2 years
Name of Cookie: _gat
Purpose: Used by Google Analytics to throttle request rate.
Type: HTTP
Provider: Google Analytics
Strictly Necessary? No
Date of Expiry: 1 day
Name of Cookie: _gid
Purpose: Registers a unique ID that is used to generate statistical data on how the visitor uses the website
Type: HTTP
Provider: Google Analytics
Strictly Necessary? No
Date of Expiry: 1 day
The following third-party Cookies may be placed on your computer or device:
Name of Cookie: rc::a
Purpose: This cookie is used to distinguish between humans and bots. This is beneficial for the website, in order to make valid reports on the use of their website.
Type: HTML
Provider: Google.com
Strictly Necessary? Yes
Date of Expiry: Persistent
Name of Cookie: rc::c
Purpose: This cookie is used to distinguish between humans and bots.
Type: HTML
Provider: Google.com
Strictly Necessary? Yes
Date of Expiry: End of Session
Our Site uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how our App is used. This, in turn, enables us to improve our App and the services offered through it. You do not have to allow us to use these Cookies.
The analytics service(s) used by our Site use(s) the following analytics Cookies:
Name of Cookie: _ga
Purpose: Registers a unique ID that is used to generate statistical data on how the visitor uses the website.
Provider: Google Analytics
Strictly Necessary? No
Date of Expiry: 2 years
Name of Cookie: _gat
Purpose: Used by Google Analytics to throttle request rate.
Provider: Google Analytics
Strictly Necessary? No
Date of Expiry: 1 day
Name of Cookie: _gid
Purpose: Registers a unique ID that is used to generate statistical data on how the visitor uses the website
Provider: Google Analytics
Strictly Necessary? No
Date of Expiry: 1 day
In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access the App more quickly and efficiently including, but not limited to, login and personalisation settings.
It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
Push Notifications
The App utilises push notification services to provide you with important updates, reminders, and relevant information related to your residency. Push notifications are messages that are sent directly to your device from our App, even when the app is not actively in use. These notifications may include:
You have the option to opt in or out of receiving push notifications from our App at any time. You can manage your notification preferences through your device settings or within your Account. Please note that opting out of push notifications may affect your ability to receive important updates or information.
Retention of personal data
We store the personal data we collect about you only for as long as you are a resident. References to social feed activities may be retained in audit logs for up to 6 years.
Privacy Policy