Privacy Notice

Who I am and how to contact me

I am Sean Murphy, trading as SJM BER. For questions about this notice or personal information I hold, email seanjamesmurphy@gmail.com or call 087 289 7729.

Information I collect and why

When you enquire, I receive the details you choose to send, such as your name, contact details, property address or Eircode, and the reason you need a BER. I use these to answer your enquiry, prepare a quotation and arrange the assessment. The legal basis is taking steps at your request before entering a contract and, where appropriate, my legitimate interest in managing enquiries and business records.

For an assessment I record the property address and MPRN, measurements, construction and building-services details, photographs and any relevant documents you provide about upgrades. I use these to inspect and calculate the rating, publish the BER, issue the certificate and advisory report, and retain evidence for quality assurance and audit. This processing is necessary to deliver the agreed service and comply with the BER regulations and SEAI’s assessor requirements. Information used to support a published BER must satisfy the applicable BER methodology and evidence requirements. If the required property information or evidence is unavailable, I may be unable to complete or substantiate the assessment.

I aim to avoid collecting unnecessary personal details in photographs and supporting documents, and to obscure unrelated details before uploading evidence to SEAI where appropriate.

What is shared with SEAI

SEAI and I act as joint controllers for personal data processed as part of the BER scheme. I submit the BER data file and required supporting evidence to the Sustainable Energy Authority of Ireland (SEAI). A BER data file is the electronic record of the assessment outcome, its calculations and related information or documents, supplied to SEAI for the BER register. Copies of the information and documentation supplied to me in connection with the BER assessment, whether requested or supplied voluntarily, become the property of SEAI as assessment records. I also retain the records required of me as the assessor.

Under S.I. No. 243/2012, the full BER data file may be made available to the assessor who carried out the assessment (or their employer), an assessor undertaking a subsequent assessment of the building (or their employer), and the building owner or an agent acting for the owner via a BER assessor. The public BER register provides an extract, including access to the BER certificate and advisory report using the BER number or MPRN. Read SEAI’s explanation of BER data access.

Confidentiality and security

I keep client details and BER records confidential and use appropriate measures to protect them against unauthorised access, loss or disclosure. I do not disclose assessment records to unrelated third parties. Disclosures may be made where required by law or to SEAI and its authorised officers, as required for the BER scheme. Any service provider used to store or transmit information must act under appropriate data-protection arrangements.

How long I keep information

SEAI’s BER Assessor Code of Practice requires assessors to retain BER scheme data and supporting records for 10 years. I keep enquiry correspondence that does not lead to an assessment only for as long as needed to deal with the enquiry and any reasonable follow-up, unless a longer period is needed for a legal or accounting obligation. SEAI manages its own retention of information submitted to its systems.

Your data protection rights

Personal data is processed in accordance with the GDPR, the Data Protection Act 2018 and other applicable Irish data-protection law. Depending on the circumstances, you can ask to access or correct your data, request erasure or restriction, object to certain processing, or request portability. These rights are subject to legal limits, including requirements to retain BER evidence. Contact me using the details above. For BER scheme data already uploaded to SEAI, I will direct your request to SEAI, which handles requests about its subsequent processing. You can also complain to the Data Protection Commission.

Read SEAI’s BER Privacy Notice for information about how SEAI processes your data.

Contacting me through this website

This website does not have an enquiry form. If you use the email or WhatsApp links, your message is handled by the email provider or WhatsApp you choose to use, under that provider’s own privacy terms. I do not use the information you send to me for unrelated marketing.

Assessment responsibility

I, Sean Murphy trading as SJM BER, carry out the BER assessment. SEAI administers the BER scheme and shall have no responsibility for any loss or damage that may arise from the Building Energy Rating assessment I carry out.