Privacy Policy

Last Revised on 10.08.2022

1. INTRODUCTION

Privacy Policy shall be referred to as the “Policy”

Mulki (“Mulki”, “Company”, “we”, “us” or “our”) respects your privacy and is committed to protecting your personal data. This Policy will inform you about how we look after your personal data when you interact with, or use the services on, our website https://www.mulkiapp.com and our mobile application Mulki (together, the “Site”) regardless of where you visit or access them from, and tell you about your privacy rights and how the law protects you. By using our Site or any of our services, you agree and consent that the Company may collect, use and process your data. If you do not agree to this Policy, please cease from using our Site and/or services in any way.

This Policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this Policy.

• IMPORTANT INFORMATION AND WHO WE ARE
• THE DATA WE COLLECT ABOUT YOU
• HOW IS YOUR PERSONAL DATA COLLECTED?
• HOW WE USE YOUR PERSONAL DATA
• DISCLOSURES OF YOUR PERSONAL DATA
• INTERNATIONAL TRANSFERS
• DATA SECURITY
• DATA RETENTION AND DISPOSAL
• YOUR LEGAL RIGHTS
• COOKIE POLICY
• GLOSSARY

2. IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this PolicyThe nature of our Site requires us to collect user personal data. This Policy aims to give you information on how we collect and process (which may include collecting, storing, using, or disclosing) your personal data when you use our Site, regardless of your relationship with us (for example, whether you are a registered or unregistered user) including any data you may provide when you use any of our services.

We will only collect and process your personal data where you have provided your express consent to the intended purposes of such collection and processing, to the extent possible and required by personal data protection laws. It is important that you read this Policy together with any other privacy or fair processing policy we may provide on specific 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 Policy supplements other notices and privacy policies and is not intended to override them. You may withdraw your consent at any time in line with your rights as detailed here.

Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.

ChildrenThis website is not intended for children aged 16 and below and we do not knowingly collect data relating to children without consent from their parent or guardian. Should you have reasonable grounds to believe we have collected personal data from a minor without the appropriate consent, you may reach out to us through the contact details listed below and we will endeavour to investigate the matter immediately.

ControllerSama Software Solutions FZ-LLC is the controller responsible for your personal data collected on the Site.

We have appointed a data protection officer (“DPO”) who is responsible for overseeing questions in relation to this Policy. If you have any questions about this Policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Contact DetailsFull name of legal entity: Sama Software Solutions FZ-LLC

Email address: [email protected]

Postal address: FDBC1039, Compass Building, Al Shohada Road, AL Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates.

You also have the right to make a complaint at any time to your local data protection regulator regarding this Policy and our personal data related practices. You may contact your local data protection authority for more information. We would, however, appreciate the chance to deal with your concerns before you approach the relevant authority so please contact us in the first instance.

Changes to the Policy and Your Duty to Inform Us of ChangesWe keep our privacy policies under regular review to reflect any changes in our Site and our personal data processing mechanisms and safeguards. Subsequent updates to this Policy will be available on the Site and will be indicated as such. You will be notified of any substantial changes to this Policy for your perusal prior to continuing your engagement with us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-Party LinksAlthough this is currently not the case, our Site may include links to third-party websites, plug-ins and applications in the future. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy policy of every website you visit.

3. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified, and in some jurisdictions include information pertaining to deceased individuals. It does not include data where the identity has been removed (anonymous data).

Where applicable to the services offered on the Site, we may collect and process different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, last name or similar identifier and title.
• Contact Data includes your email address.
• Profile Data includes details collected when you generate a user profile such as username and password.
• Technical Data includes information regarding the device used to interact with our Site such as internet protocol (IP) address, WIFI and Bluetooth data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and any other technology on the devices you use.
• Settings Data includes preferences set by you on the customisable configurations of our Site.
• Site Usage Data includes information regarding when and how you use or interact with our Site, user behavior and site metadata. This may also include all user inputs such as information regarding any of your real estate property, its specifications, location, photos, corresponding payment schedules and any other information which assist us in maintaining and further developing the features of our Site.
• Marketing and Communications Data wherein marketing data includes your preferences in receiving marketing materials from us and our third-party service providers should we opt to onboard such service providers in the future, and communications data refers to your preferences with regards to receiving Site support and updates from us.
• Third-Party Data derived from third-party service providers engaged in market data enrichment and advertising services and includes information such as the nature of our individual account holders as well as user responses to advertisements presented on the Site, if any. This also includes third-party credential data which may be collected when registering with, and logging into, our Site through single sign-in authentication services such as those provided by Facebook and Google. Hence, where you opt to register or log in on the Site through such services, we will collect your personal data as provided by such third-party service providers to the extent permitted by this Policy and the law.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Site Usage Data to calculate the percentage of users accessing a specific Site 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 Policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If You Fail to Provide Personal DataWhere we need to collect personal data by law, under this Policy or the Terms of Service of our Site, and you fail to provide that data when requested, we may not be able to provide you access to certain parts of our Site or proceed with your account registration. In this case, we may have to restrict your access to the Site but we will notify you if this is the case at the time. For more information, please see our Terms of Service on our website at https://mulkiapp.com/terms.

4. HOW IS YOUR PERSONAL DATA COLLECTED?

Currently, we only collect data from and about you through:

• Direct interactions. You may give us your Identity, Contact and Profile Data by filling in forms or by corresponding with us by email. This includes personal data you provide when you:
  • avail the services on our Site;
  • create an account on our Site;
  • subscribe to our newsletter
  • give us feedback or contact us.

  You may also provide us the personal data of third parties while using our Site, during which you are deemed to have their consent to do so.

However, we may in the future use additional methods to collect data from and about you, including through:

• Automated technologies or interactions. As you interact with our Site, we may automatically collect Technical Data about your equipment browsing actions and patterns. We collect this personal data by using cookies, server logs, web beacons and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please click here to see our cookie policy for further details.
• Third-party or publicly available sources. We may receive certain categories of personal data about you including Identity, Contact and Technical Data from various credible third-party and public sources and software tools such as Google Analytics, Ad Words, Double Click and/or Ad sense tracking codes.

5. HOW WE USE YOUR PERSONAL DATA

We will only collect and use your personal data to generate your user account which will allow you to use our Site and services. Where we use your personal data outside such scope, we will only do so to the extent permitted by law and subject to receiving your express consent. Most commonly, we may use your personal data in the following circumstances:

• Where we need to register your account on our Site, including our provision of services to you. In doing so, we will use your personal data to execute the registration of your account, allow you to schedule reminders and customise Site features in line with your user preferences, extend general online support and to notify you regarding any changes to our Terms of Service and policies and any further action required.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate interests have been detailed in the table below on Purposes for Which We Will Use Your Personal Data and in the Glossary.
• Where it is necessary to fulfil our own marketing purposes and those of our third-party partners, should we opt to onboard any, for the promotion of our Site. Cookies, server logs and similar technology may also be used to display third-party advertisements across our Site should we allow our partners to do so in the future. We do not utilise content created during your use of our Site such as information regarding your real estate properties, contracts and files you have uploaded onto the Site for any marketing purposes.
• Where we need to comply with a legal obligation, including, but not limited to, responding to federal and local authorities requesting information for the benefit of any legal proceeding regardless of its nature.

Click here to find out more about the types of lawful bases that we will rely on to process your personal data.

We rely on your clear and express consent as a primary legal basis for processing your personal data. This will remain to be the case in the future where our processing may involve sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent as listed under Your Legal Rights at any time by contacting us.

Purposes for Which We Will Use Your Personal DataWe have set out below, in a table format, a description of all the ways we will and may use your personal data and the legal bases we rely on to do so. We have also identified our legitimate interests where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

MarketingTo the extent required by law, we will obtain your express consent for our (and our third parties’, if any) marketing purposes. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising as seen in Opting Out below.

Promotional Offers from UsWe may use your Identity and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we may decide which services and offers may be relevant for you (we call this marketing).

You may receive marketing communications from us if you have requested information from us and/or accessed services from our Site and have expressly consented to our marketing purposes. Similarly, you will continue to receive marketing notifications where you have been provided the opportunity to withdraw your consent or unsubscribe and you have not opted out of receiving such marketing materials.

Third-Party MarketingWe currently do not engage with any third-party marketing providers. However, we may, in the future, decide to use third-party marketing and analytics providers to assist us in the comprehensive evaluation of user demand in the market for our services and Site and accordingly conduct marketing to promote the same to the public and targeted groups. This is referred to as interest-based marketing.

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. Nevertheless, we do not disclose your personal data to third parties for the purpose of direct marketing.

Opting OutYou can ask us or any third parties we may be affiliated with to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of using our Site. Nor does this option apply to necessary messages, alerts and notifications sent regarding our Site and services as outlined in our Terms of Service.

CookiesYou 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 our Site may become inaccessible or may not function properly. For more information about the cookies we use, please view our cookie policy below by clicking here.

Change of PurposeWe 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.

6. DISCLOSURES OF YOUR PERSONAL DATA

We do not intend to disclose your personal data to any other party for any other purposes than those stipulated in this Policy. Nevertheless, should our business operations require any such disclosure to be made in the future, we will request for your express consent as required by applicable laws before sharing your personal data with the selected parties set out below for the purposes addressed in the table Purposes for Which We Will Use Your Personal Data above.

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• 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 Policy.

Where we have engaged any third party service provider, we will require them to respect the security of your personal data and to treat it in accordance with the law. We do not intend to 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.

7. INTERNATIONAL TRANSFERS

Our Site is available to users globally. Regardless, we do not currently transfer your personal data outside of the United Arab Emirates.

Should we expand the operations of our Company, we may transfer your personal data to any future internal or external third parties which may be located outside the data’s initial country of origin for storage and processing as necessary and permitted under this Policy and subject to your express consent. We will endeavour to ensure your personal data is protected by requiring all our future affiliates to follow the same rules stipulated under this Policy when processing your personal data. Otherwise, we may amend this Policy to reflect any changes in our corporate structure which we foresee will significantly impact the way we collect, process and store your personal data and you will be notified of the same should the case arise.

Should we partner with external third parties in the future, such parties may operate internationally so their processing of your personal data may involve a transfer of data outside your country.

The countries to which the international transfers may be made may have different regulations which provide lesser protection than that of your country. Therefore, where we are legally authorised to transfer your personal data, we will safeguard it by ensuring that a sufficient degree of protection is afforded through the implementation of at least one of the below rules:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• Where personal data of users in the European Economic Area, Switzerland and the UK are transferred to countries outside regions which have not been deemed to provide an adequate level of personal data protection, we will adopt appropriate measures to ensure that the transfer is governed by the European Commission’s standard contractual clauses.
• Where we use certain service providers, we may utilise specific contracts approved for use in the country of data processing which give your personal data adequate protection.

As we do not currently conduct any international transfers of your personal data, we do not have the mechanisms in place to do so. However, should we proceed to process your personal data internationally in line with this section, you may contact us for further information on the specific mechanisms used by us for this purpose.

8. DATA SECURITY

We have put in place appropriate physical, electronic and administrative security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Our security safeguards will be applied depending on the nature of the data (for example, where it is in transit or at rest).

In addition, your personal data will be encrypted to ensure privacy and security. Where required to use or process such data, we will limit access to your personal data to those employees, agents, contractors and other third parties (if applicable) 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 immediately where we are legally required to do so in accordance with the applicable laws.

9. DATA RETENTION AND DISPOSAL

How Long Will You Use My Personal Data For?We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider its amount, nature and sensitivity, the potential risk of harm from unauthorised use or disclosure of your personal data, the length of our relationship with you (such as the period until you cease interacting with or utilising our services or our Site and/or delete or cancel your account with us), the purposes for which we process your personal data and whether we can achieve those purposes through other means, the applicable legal, regulatory, tax and accounting laws as well as any other requirements as applicable.

In some circumstances, you can ask us to delete your data: see Your Legal Rights below for further information.

Once the purposes for which your personal data was collected have been achieved, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. Otherwise, where there is no longer a legitimate interest and legal basis in retaining your personal data, it will be destroyed and deleted from our data centres.

10. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

• Request Access to Your Personal Data.
• Request Correction of Your Personal Data.
• Request Erasure of Your Personal Data.
• Object to Processing Of Your Personal Data.
• Request Restriction of Processing Your Personal Data.
• Request Transfer of Your Personal Data.
• Right to Withdraw Consent.

If you wish to exercise any of the rights set out above, please contact our DPO. You will not be discriminated against for doing so.

No Fee Usually RequiredYou will not have to pay a fee to access your personal data (or to exercise any of the other rights). Alternatively, we may refuse to comply with your request to the extent allowed by applicable laws if your request is clearly unfounded, repetitive or excessive.

What We May Need From YouWe 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 for further information in relation to your request to speed up our response.

Time Limit to RespondWe try to respond to all legitimate requests within a reasonable timeframe. Occasionally, it could take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

11. COOKIE POLICY

What Are Cookies?Cookies are text files that collect standard internet log and visitor behaviour information placed on your computer. We may collect such information from you automatically through the use of cookies or similar technology when you visit our Site.

How Do We Use Cookies?How Do We Use Cookies?

• Keeping you signed in;
• Understanding your use of our Site; and
• Other reasonable uses.

What Types Of Cookies Do We Use?Our Site may use different types of cookies such as:

• Strictly necessary cookies: These are cookies that are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas of our Site, if any.
• Analytical or performance cookies: These allow us to recognise and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies: These allow us to recognize you on our Site and remember your preferences. They may include your language preferences or your location. A mix of first-party and third-party cookies may be used.
• Targeting cookies: These cookies record your visit to our Site, the pages you have visited and the links you have followed. We may use this information to make our Site and the advertising displayed on it (if any) more relevant to your interests. We may also share this information with third parties for this purpose when and where applicable.

Please note that third parties may also use cookies, over which we have no control. These may include, for example, advertising networks and providers of external services like web traffic analysis services. These third party cookies are likely to be analytical cookies or performance cookies or targeting cookies.

How to Manage Cookies?You may set your browser to not accept cookies from our Site by adjusting your browser settings. However, kindly note that disabling cookies may lead you to losing access to certain sections or features of our Site.

12. GLOSSARY

Lawful BasisWe strive to limit the processing of personal data to the extent you have expressly authorised us and where we have a lawful basis to do so. These lawful bases include but are not limited to the following:

Legitimate Interest means the interest of our Company in conducting and managing our business to enable us to give you the best service and the 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 consent or are otherwise required or permitted to by law). Legitimate interests may include monitoring, testing, improving and developing our Site and services through the analysis of user data in line with our business needs, and overseeing Site usage and conducting safety and compliance analysis on accounts where required to safeguard public safety, us and our Site. We may also conduct automatic scans across personal data in this regard.

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 means processing your data where it is necessary for the execution of an agreement to which you are a party or to take steps at your request before entering into such a contract.

Comply with a Legal Obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Third PartiesInternal Third Parties Internal Third Parties means other companies we may be affiliated with in the future who will be acting as joint processors.

External Third Parties refer to the below selected parties based in the relevant jurisdictions with whom we may partner with in the future:

• Service providers acting as processors who provide IT and system administration services;
• Professional advisers acting as processors including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;
• Relevant regulators and authorities acting as processors who require reporting of processing activities in certain circumstances; and
• Other third-party researchers and fraud prevention agencies.

Your Legal RightsSubject to local data protection laws, the right to enforce the following legal rights may be limited to you and your authorised representative, and serving us written notice may be a pre-requisite. Regardless, we may have to verify your identity to facilitate any request.

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, its sources and to check that we are lawfully processing it.

California-based users may request on an annual basis to see how their personal data has been shared to third parties for direct marketing purposes in the previous year under the California Civil Code Section 1798.83. Nevertheless, personal data is not shared with third parties for such purposes. Additionally, while we do not sell the personal data of Californian users, interest-based marketing may be construed locally as selling. For more information, please see Third-Party Marketing.

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 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:

• If you want us to establish the data’s accuracy;
• Where our use of the data is unlawful but you do not want us to erase it;
• 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
• 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 provide a service to 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.