Model lease clause for the building's data

Intercom and consumption reading data

1. Equipment. The building is equipped with a connected intercom, whose door station has a camera, and with consumption meters read remotely for [heating, hot water and cold water]. This equipment is operated on behalf of the landlord by Neolia Sàrl, Bernstrasse 15a, 3280 Murten, which processes the data as a processor (art. 9 FADP).

2. Controller. The landlord, [name and address], is the controller. The landlord is represented by [name of the property management agency, address, email address], to whom any request about the data must be addressed.

3. Intercom. When a visitor rings, the call is forwarded to the means of reception the tenant has chosen among those the building offers. The following are processed: the name shown on the door station, the means of reception, the call history, the image of the person ringing when the call is not answered, and the log of door openings (date, time, door, means used). This data is used only to let the tenant answer and open the door, and to secure access to the building. The sound and video of calls are not recorded. The camera is not used to monitor the common areas. A notice next to the door station informs visitors.

4. Consumption reading. The meter readings of the flat are taken remotely at regular intervals. They are used only to prepare the individual heating and water cost billing and to check that the devices work properly. They are not used to observe the presence or habits of the occupants.

5. Recipients and countries. The data is processed by Neolia Sàrl and by the sub-processors it engages, named in annex 2 of its data processing agreement (neolia.ch/legal/dpa). It is hosted in Switzerland and Germany. When the tenant uses the Neolia app, call notifications pass through the services of Apple or Google in the United States. Annex 2 states, for each sub-processor, the country of processing and the safeguards that apply.

6. Retention period. The data is deleted as soon as it is no longer needed. The periods applied are set out in annex 1 of Neolia's data processing agreement; the version in force prevails. As at [date of signature], they are 30 days for the call history and the images of unanswered calls, 12 months for the log of door openings, 90 days for raw readings and at most 5 years for the consumption totals used in the billing. The landlord keeps the billing statements themselves for 10 years as accounting records (art. 958f CO).

7. Tenant's rights. The tenant may ask free of charge which data concerns them (art. 25 FADP), have it corrected and request its deletion where no legal obligation requires it to be kept. The request is addressed to the landlord's representative named in paragraph 2, who as a rule replies within 30 days. A tenant who uses the app can delete the images of unanswered calls there themselves.