1
WATERFRONT MARKET

legal & privacy

  • Terms and Conditions
  • Privacy Policy
  • Cookie Policy
Terms and Conditions
  • Terms and Conditions
  • Privacy Policy
  • Cookie Policy

 

Please read the following terms and before using the online services or this website.

1. Site and company details

https://ithradubai.com/ (the “Site”) is owned by Ithra Dubai (“Ithra”) and is the site which provides information on the company and the products offered by Ithra.

2. Use of this Site

https://ithradubai.com/ provides you with information on the products offered by Ithra. Your use of this Site is governed by these terms of use (“Terms of Use”). This is a legally binding agreement between you and Ithra establishing the terms and conditions under which this Site may be used. Your use of the Site constitutes your acceptance of these Terms of Use.

3. Intellectual property rights

All rights (including, but not limited to, copyright) in and to the contents (including, but not limited to, trademarks, text, graphics, images, links and sounds) contained on the Site is owned by or licensed to Ithra or other members of the Ithra group, and may not be copied, modified, downloaded, distributed or published in any way without the prior written consent of Ithra. “Ithra” is a registered trademark, logo and service mark of Ithra and no permission or licence is granted to use any such trademarks, logos or service marks without the prior written consent of Ithra.

In relation to any information or material you submit to Ithra using this Site, you hereby grant to Ithra or other members of the Ithra group a worldwide, royalty-free, perpetual, irrevocable, sub-licensable right and licence to use such information or material for any purpose it deems appropriate, including without limitation, the copying, modification, transmission, distribution and publication thereof, unless restricted by applicable law.  You represent and warrant that such information or material you submit does not infringe the rights of any other third party.

You agree that Ithra shall not be under any obligation of confidentiality to you regarding any such information or material submitted to it using this Site and/or our social media accounts unless otherwise agreed in a separate direct contract between you and Ithra or required by law.

4. Modification

Ithra reserves the right in its discretion to change without prior notice any information or material contained on the Site and the terms and conditions under which this Site is used.

5. Termination

Ithra may terminate this agreement, your access to this Site and use of any service at any time.

6. Products and services

The information and material on this Site is not an offer, solicitation, invitation, advice or recommendation for products provided by Ithra. These products and services may be withdrawn or amended at any time without prior notice.

Products and services are available only at the discretion of Ithra, subject to the individual contractual terms and conditions on which those products and services are offered (“Product Terms and Conditions”).

7. Jurisdiction

Ithra controls this Site from the United Arab Emirates. Ithra makes no representation that content on the Site are appropriate or available for use outside of the United Arab Emirates. If you choose to access the Site from other locations, you do so at your own risk.

8. Disclaimer

The material and information contained on this Site are provided for general information only and should not be used as a basis for making business or investment decisions. Any information on the Site should not be relied upon without consulting primary, more accurate or more up-to-date sources of information or specific professional advice, which we recommend you to obtain. Ithra makes no representation or warranty of any kind, whether express, implied or statutory regarding the material and information contained or referred to on each page associated with the Site.

The Ithra site may contain articles and materials written by third party authors or contributors. All opinion or analysis expressed are those of the author (whether the author is from Ithra or a third party contributor) and do not reflect the views of Ithra. Nothing shall in the articles and materials should be construed as asserting or implying Ithra’s endorsement of the author’s views.

Ithra’s inclusion of hyperlinks on the Ithra Site does not imply any endorsement of the material on such sites. Any hyperlinks from Ithra Site exists for information purposes and are for your convenience only.  Ithra is not responsible for the contents of third party websites. If you visit third party websites, then your rights and obligations while accessing and using those sites will be governed by the agreements and policies relating to use of those third party sites.

9. Limitation of liability

Ithra accepts no liability for any loss or damage (including special, incidental or consequential loss or damage) arising directly or indirectly from your use of the Ithra Site, howsoever arising from, but not limited to:

– any defect, error, imperfection, fault, mistake or inaccuracy with the Site, its contents (including content from third party providers), associated services, or due to any unavailability of this Site or any part thereof or any contents or associated services
– action taken, or not taken in reliance on material, content or information contained on the Site
– any computer viruses, Trojan horses, worms, software bombs or similar items or processes arising from your use of the Site. You click on any hyperlinks or download any software or data from the Site at your own risk.

10. E-mail subscription service

We may, at our discretion, provide a service whereby you can request to subscribe to and receive e-mail alerts relating to products, services or information offered by Ithra or other third parties (“Subscription Service(s)”). Your use of the Subscription Services will be governed by the separate terms and conditions for use of those services. Your confirmation of subscription to the Subscription Services constitutes acceptance of their terms and conditions of use.

Ithra does not guarantee that any e-mails from the Ithra Site will be sent to you or received by Ithra nor does Ithra warrant the privacy and/or security of e-mails during internet transmission.

11. Personal data

Any personal data you submit when requesting to subscribe to the Subscription Service(s) will be handled by the Ithra Group for the purpose of providing you with information about products, services or information you have requested and in accordance with our privacy policy. By requesting to subscribe to the Subscription Service(s) you confirm that you understand this and consent to the Ithra Group handling and disclosing your personal data, including sensitive personal data, as outlined. The privacy policy may be amended or replaced from time to time and it is your responsibility to check for any updates.

12. Security

It is your responsibility to ensure that any user ID and/or password used by you in connection with this Site or any service provided by means of this Site is kept secure, and that no person or entity other than you obtains access to that user ID and/or password, including logging off from the Site securely to prevent any unauthorized access to your confidential information.

13. Governing law

These Terms of Use shall be governed by and construed according to the laws of the emirate of Dubai and the Federal laws of the United Arab Emirate. Any dispute, controversy or claim arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the Dubai courts.

 

The following Privacy Policy provides an overview of how ITHRA (which includes ITHRA DUBAI L.L.C and all of its subsidiaries, affiliates, companies under its management and other related companies (together “we”, “us” “our” or “ITHRA”) collect, use and process the Personal Data (as defined below) you or Data Subjects provide to us. This Privacy Policy applies to you because you are, will be or were a service provider or supplier of ITHRA and you have provided us with the Personal Data of individuals or individuals have provided their Personal Data directly to us in relation to the arrangement we have with you (“Data Subjects”).

This Privacy Policy sets out the rights of the Data Subjects whose Personal Data we have been provided with, in accordance with applicable data protection laws and regulations in the UAE, including the Federal Decree-Law No. 45/2021 On the Protection of Personal Data, as amended from time to time (“Data Protection Laws”).

1. Definitions

For the purposes of this Privacy Policy, the below terms are defined as follows:

  • “Personal Data” means any data relating to an identified natural person, or one who can be identified directly or indirectly by way of linking data, using identifiers such as name, voice, picture, identification number, online identifier, geographic location, or one or more special features that express the physical, psychological, economic, cultural or social identity of such person. It also includes Sensitive Personal Data and biometric data.
  • “Sensitive Personal Data” means any data that directly or indirectly reveals a natural person’s family, racial origin, political or philosophical opinions, religious beliefs, criminal records, biometric data, or any data related to the health of such person, such as his/her physical, psychological, mental, genetic or sexual condition, including information related to health care services provided thereto that reveals his/her health status.

2. Who is the controller of personal data and how can you contact them

For the purposes of applicable Data Protection Laws, the applicable ITHRA entity which contracts with you will be a data controller processing the Personal Data of Data Subjects. This means that we are responsible for determining the purposes and means of processing your Personal Data. Depending on the data processing taking place, there may be more than one ITHRA entity processing your Personal Data. You may also be a data controller as you separately collect, use and process the Personal Data of Data Subjects. ITHRA is a property developer as well as a commercial and residential asset manager operating in the UAE.

If you or any Data Subject have any questions about this Privacy Policy, or our processing of Data Subjects’ Personal Data, please contact us at DPO@ithradubai.com.

3. What personal data and sources do we use

Personal Data that we process in the context of our relationship with you may be obtained either directly from the Data Subjects or indirectly from other sources other than you, including from third parties, clients and other business contacts – by way of introduction, or from publicly available sources (e.g. Internet).

Categories of Personal Data may include but are not limited to:

  • business contact details (e.g. name, phone number, e-mail address, office location, postal address and other business card details, as the case may be);
  • identification data (e.g. passport copies, Emirates ID / government ID copies, etc.;
  • authentication data (e.g. sample signature, sample initials, etc.);
  • electronic identification data where required for the purpose of delivering products or services for ITHRA (e.g. login, password, access details);
  • monitoring information (e.g. IT systems usage data, CCTV footage from our premises, electronic and telephone communications data etc.); and
  • background screening / good conduct certificates / criminal record checks.

4. What do we process your personal data for (purpose of processing) and on what legal basis

ITHRA processes Personal Data on various legal grounds (depending on the applicable Data Protection Laws) including:

  • if the processing is necessary to perform a contract to which you are a party (e.g. business contract performance) and which relates to the Data Subjects;
  • if the processing is necessary to fulfil obligations imposed on us by other laws in the UAE. ITHRA is subject to various applicable laws and regulations including in the areas of real estate, tax, corporate compliance and employment law; or
  • as a result of Data Subject consent.

ITHRA processes Personal Data for various purposes which may include but are not limited to:

  • onboarding you as one of our service providers or suppliers;
  • managing a seconded resource that you provide to us;
  • complying with applicable laws;
  • marketing purposes; and/or
  • for the performance of our contract with you.

5. Who receives personal data and will the data be transferred to a third country

For the purposes described in this Privacy Policy, and subject to applicable Data Protection Laws, Data Subjects’ Personal Data may be shared with recipients outside of ITHRA, such as other ITHRA suppliers and service providers including:

  • real estate managers;
  • accounting;
  • IT;
  • security;
  • marketing; and
  • professional advisers that perform services on our behalf, our clients (tenants, leaseholders) as well as with other third parties such as banks, insurers, pension providers and government, public and judicial authorities, as the case may be.

ITHRA may transfer Personal Data to countries located outside of the UAE. This may happen when

ITHRA’s suppliers and/or service providers are based outside of the UAE. ITHRA will transfer the Personal Data in accordance with applicable Data Protection Laws and use the applicable protection measures granted thereunder.

6. How do we protect your personal data

ITHRA has implemented reasonable and appropriate technical and organizational security measures to protect Data Subject Personal Data against unauthorized access, disclosure, misuse, loss or destruction. This includes encrypting Data Subjects’ Personal Data, implementing data back-up measures and regularly conducting security testing.

7. For how long will my personal data be stored

ITHRA will process and store Data Subjects’ Personal Data only for as long as it is necessary in order to fulfil the purposes for which it was collected, including to meet its contractual and statutory obligations and/or to comply with legal, regulatory, accounting, reporting or internal policy requirements. It should be noted here that your contract with ITHRA may be a long-term obligation, lasting a number of years, and we will store Personal Data relating to our contract with you for the period of the contract, as a minimum. If the Personal Data is no longer required in accordance with the above, it is deleted.

8. Data subject rights

Depending on the applicable Data Protection Laws, and subject to certain limitations under these laws, a Data Subject has certain rights in relation to their Personal Data. These include the right to:

  • access their Personal Data;
  • obtain and request the transfer of their Personal Data;
  • correct and/or erase their Personal Data;
  • restrict, and stop, the Processing of their Personal Data;
  • object to, and stop, the Processing of their Personal Data; and
  • object to decisions made by automated processing, that have legal consequences or seriously affect the Data Subjects.

If any Data Subject has any questions about the type of Personal Data we hold about them or if they wish to exercise any Data Subject right, they can contact us at DPO@ithradubai.com.

A Data Subject should be made aware that they can withdraw any consent for the processing of Personal Data at any time. The withdrawal will not affect the lawfulness of any processing based thereon before the withdrawal.

Whilst we will make reasonable efforts to accommodate any Data Subject rights request to the extent, and as soon as reasonably practicable, we reserve the right to reject such requests or to impose restrictions or requirements upon such requests if required or permitted by applicable laws.

9. Use of personal data for direct marketing

If a Data Subject has provided their consent for the purposes of marketing our products and services to them, we may process their Personal Data for such purposes. Any marketing by us, or any third parties on our behalf, will be conducted in accordance with applicable laws. Marketing includes, but is not limited to, contact by email, text message, social media and/or phone.

A Data Subject has the right to object to the Processing of their Personal Data for marketing purposes at any time and can exercise this right by sending an “opt-out” email to DPO@ithradubai.com.

10. Are you obliged to provide the personal data

We may require certain Personal Data to comply with our legal obligations or to pursue a business relationship with our service providers/suppliers. Without this Personal Data, we may not be in a position to continue our business relationship with you. We will notify you if this is the case.