1 INTRODUCTION

Preliminary note. We respect the privacy of our customers and visitors to our website. We therefore treat your personal data with care. Through this privacy policy, we would like to inform you how we process your personal data when you use this site, as well as when you use our services.

Introduction to the protection of personal data. Since May 25, 2018, a new European regulation determines your rights regarding your personal data. The most important concepts in this new legislation (often called GDPR) are data subjects, personal data and processing. The data subject is you, the natural person who visits this site or uses our services. Your personal data is any data that concerns you: it may be your name, your email address, but also the fact that you contacted us via a contact form, or the contract you concluded with We. What we do with your personal data is called processing. This ranges from demand, conservation to use for various purposes.

2 WHAT PERSONAL DATA?

Why do we process your personal data? We process your personal data to allow us to sell or rent your property, to find a property corresponding to your wishes and needs among the properties that we rent and sell, to allow you to stay informed of properties that may interest you.

On what legal basis do we process your personal data? Any use of your personal data must have a legal basis, must be “lawful”. We process your data on the basis of our legitimate interest, your consent, the pre-contractual phase or the execution of an agreement, and the legal obligation.

Sometimes we have a "legal obligation" to request personal data. For example, to be able to establish a sales agreement, we must have your national register number.

For certain matters, such as sending newsletters by email, we ask for your consent. You can withdraw your consent at any time. This can be done easily, usually by clicking on the “unsubscribe” button that you will find in each of these emails.

We also store data based on our “legitimate interest”. This “legitimate interest” includes what you, as a client, can expect from us as real estate agents to properly carry out our work. This concerns, for example, the establishment of lists of candidate buyers or specific important information in the context of certain goods or certain customers.

Finally, we obviously need personal data to be able to execute the contract between us and you, such as your contact details.

What personal data do we keep about you? The personal data we keep about you depends on your relationship with us. We call this the categories of people concerned.

We discuss below by customer category how we process your personal data, whether you can object to this processing, and what the consequences are. Next, we examine the rights you have as a data subject towards us.

What personal data do we process from the visitor? If you, as a visitor to our website, do not share any personal data, we will not retain any personal data. Depending on browser settings, cookies may be placed on the user's device. See the “cookie policy”.

What personal data do we process for free services? Some of our services are completely free. In this case, we only process the data required for this service.

These services include: create a profile, save searches, request a free estimate of your property, fill out a contact form, subscribe to a newsletter. When creating a profile, the following data may be requested: identification data and contact details. When recording a search, in addition to an email address, information necessary or useful for compiling the requested query is recorded. A free estimate of your property requires a certain investment and it is normal that we may keep various personal data, such as property data, identification data, contact details, reason for requesting the estimate. Carrying out a free estimate implies authorization to collect this data. Once an estimate has been made, we retain that estimate, both based on your consent and legitimate interest, and possible liability for that estimate.

When you fill out a contact form, we record your contact details and your question or comment as well as any other communications. When you subscribe to a newsletter, your email address will be stored.

Except as set out above, all processing takes place with your consent.

We retain this personal data for as long as the processing is ongoing and up to 6 months or more after your last activity.

What personal data do we process from the prospective tenant? You are a candidate tenant as soon as you identify yourself with us for this purpose. The following treatments are possible for a candidate tenant. A pre-screening allows us to complete your tenant profile. This is in no way an “automated decision”. We collect this information to allow you to visit properties that may meet your needs and not to visit properties that do not meet your needs in any way. This personal data may include: your pay slip or information on your income, your family situation, from when you want to rent, your budget, as well as all information on the desired property. When a property is visited, we also note it. When concluding a lease, all data necessary for concluding the rental contract is collected and recorded.

We keep this personal data with a view to possibly concluding a lease. The legal basis for the processing is therefore the “pre-contractual phase”. The retention period for personal data is at least 6 months, but depends on your level of activity as a candidate tenant, and can be renewed reasonably to establish a long-term profile of the tenant. If, based on your reduced activity as a candidate tenant, we decide to no longer process your data, you can be informed in advance. If you sign a lease, we must keep personal data for at least 10 years for our contractual liability.

You have a right of access and an effective right to rectify objectively incorrect data. No specific personal data is stored (such as race, religion, sexual orientation, health) unless you explicitly request it.

What personal data do we process from the prospective buyer? You are a candidate buyer as soon as you identify yourself with us for this purpose. We process the following personal data for a prospective buyer. We record your name, email address and mobile phone number. We record your wishes and needs regarding the property you are looking for, as well as any other information you give us about your situation or which we believe will be helpful in finding a suitable property. If you visit a property, we record this as an activity related to that property. The seller, who has access to the activity report via an online profile, sees that a visit has taken place. If you make an offer, we will keep your offer and the seller's response. If an offer or counter-offer is accepted, all legal data required to establish a compromise may be collected and stored (such as a copy of your identity card). The compromise is also saved. If you have shown serious interest in a property or if you have visited a property, and if we complete our mission without selling the property, the seller will receive a list of all potential (serious) buyers by registered mail. This list contains your name, email address and a partially obscured cell phone number. We will transmit your contact details to the seller for a compelling legitimate interest, in particular due to the contractual conditions in the mandate. This means that you cannot object to being included on the list. The following precautions are taken in this context: the seller is prohibited from contacting you on the basis of this list, he is also prohibited from informing anyone that you are on this list, as well as from transmitting this list; and after 6 months, the seller is obliged to delete the list as well as any copy or scan he may have of it.

In addition, we may send this list to a real estate agent who takes over the mandate, or with whom we work together.

Apart from what has been indicated above, the processing is carried out on the basis of your consent and our legitimate interest in order to be able to offer you a better service. Your data is kept for a minimum of 2 years. If you make a binding offer, sign a promise to purchase or a compromise, we must keep the personal data for at least 10 years for our contractual liability. By default, we keep your data for a period of 30 years, but after 10 years you can request erasure of your data.

You have a right of access and an effective right to rectify objectively incorrect data. For this purpose, you must provide us with proof of your identity, the correct information and, where applicable, sufficient proof of this correct value. No specific personal data is stored (such as race, religion, sexual orientation, health) unless you explicitly request it.

What personal data do we process from the owner? As part of a rental mandate, we keep all the data necessary for the execution of the rental mandate, such as property data, your identity and your contact details. We also retain additional information that we obtain regarding the property or other information useful to a tenant for your property. Please note that the GDPR prohibits the processing of any personal data concerning race, religion, sexual orientation, health, so the “other relevant information” that we store cannot in any way relate to such data.

Personal data is kept to be able to execute the rental mandate. Personal data is kept for at least 10 years, taking into account legal obligations in this area and taking into account our contractual responsibility. By default, we keep your data for a period of 30 years, but after 10 years you can request erasure of your data.

If you entrust us with the establishment of a CPE, an electrical conformity certificate, the necessary personal data will be transmitted to our partner. If a rental contract is concluded, the data necessary to establish the lease will be retained.

If you decide to publish your property on one or more property portal sites, we will only send the details of the property to that portal site, and therefore no contact details or other details about you.

What personal data do we process from the seller? As part of a sales mandate, we keep all the data necessary for the execution of this mandate, such as the property data, your identity and your contact details. We also retain additional information that we obtain regarding the property or other information useful to a prospective purchaser of your property. Personal data is kept for at least 10 years, taking into account legal obligations in this area and taking into account our contractual responsibility. By default, we keep your data for a period of 30 years, but after 10 years you can request erasure of your data.

If you entrust us with obtaining a CPE or electrical compliance certificate, the necessary personal data will be transmitted to our partner. If a compromise is reached, the data necessary to prepare the compromise will be retained. If you decide to publish your property on one or more property portal sites, we will only send the details of the property to that portal site, and therefore no contact details or other details about you.

See below for important information about your possible responsibilities as a seller.

What personal data do we process from the resident? As part of a sale or rental mandate, we keep all the data necessary for the execution of the mandate, including the resident's contact details. We keep them until the end of the mandate. This data is then deleted if you have no other relationship with our agency.

What personal data do we process about the prospect? We distinguish between the prospect who contacts us and the prospect we contact. If you contact us with a view to a possible mandate, we will retain your identity, your contact details, the information we obtain about your property and other information allowing us to evaluate your property and the context or reason for your contact. We do this on the basis of a legitimate interest, in particular an efficient processing of this contact without obligation. We keep the data you give us by default for 2 years.

We may also contact you if we learn that you intend to put your property up for sale or rental. The contact details provided may be stored in accordance with the GDPR. If you wish to have further contact with us, we will treat your personal data as we do for people who contact us spontaneously. If you no longer wish to be contacted by us, or only after a certain period of time (e.g. three months), we will note this information.
What if you belong to two categories of people simultaneously? Over time you may fall into more than one category of people involved. For example, a prospective buyer may later become a seller. In this case, your personal data will be processed according to both categories, possibly with several legal bases, and the longest retention period will be used.

What about data from third parties, such as portal sites? Properties for sale and rental can be published on portal sites. Real estate portal sites contain search criteria and collection and saving of your contact details. With your permission, a portal site gives us your contact details as well as the property in which you are interested.

You will immediately receive an email from us confirming that we have received your contact details and information about the property in which you are interested. This email may contain an invitation to consent to automatically receive messages from similar properties.

We can also automatically send you a series of properties similar to the property for which you have requested information, as many customers appreciate this service. In this case, you can always unsubscribe with one click.

Historical data. Historical data is personal data contained in our database before May 25, 2018, the date the GDPR came into force. For persons with whom we have a mandate or for whom we have a legal obligation to retain personal data, we will of course retain this personal data. For other personal data, which is retained in our database either on the basis of consent or on the basis of our legitimate interest, it is generally difficult, if not impossible, to know on what basis we retain this personal data . A company has two ways of handling this. A first solution consists of sending any person included in this file an e-mail asking to renew or confirm consent to use personal data. In this case, only the personal data of those who have actually accepted will be kept. A second way is to consider the processing of personal data as a legitimate interest. In this case, the data subject has the possibility to object to the processing at each contact and this opposition will terminate the processing. Each of these ways of working can be combined with an operation to clean up old customer data.

We opted for the second way of processing historical data. It goes without saying that you always have the right to request the deletion of this historical personal data (in the absence of legal obligations and ongoing contracts).

Your responsibilities as a seller. It is possible for several reasons that the sales contract that you have entrusted to us ends without the sale of your property. In this case, you will receive at the end of our mission the list of candidate buyers who have visited your property or who have expressed serious interest. This list contains the personal data of these prospective buyers, in particular the first and last name, the e-mail address and the mobile telephone number, possibly partially hidden. Even as an individual, you have obligations under the GDPR in relation to this list and you are the person responsible for this list. You are authorized to save and consult the personal data on this list for 6 months after receipt. You are not permitted to communicate this personal information to anyone or in any way, or share it with anyone, unless you contact a real estate agent with whom you wish to work. You are also prohibited from actively seeking contact with these people. After 6 months, you are obliged to destroy this list, as well as every copy, scan and photo of it.

Contact. For any questions or requests regarding the processing of your personal data, you can contact us at the following address:

231 Louise Avenue
1050 Ixelles
Tel: +32 471 76 43 73
E-mail: [email protected]
Or [email protected]

Your rights as a data subject. As a data subject, you have a number of rights relating to your personal data. You have a right of access to your personal data. This means that you have the right to access the personal data we store about you. Please note that we have one month to respond to your request and may ask for proof of your identity before responding to your request. You also have the right to rectification. This means that you have the right to correct incorrect personal data. In this case, we may ask you for proof of the accuracy of the data you provide. You also have the right to erasure of data. This means that you can request the deletion of your personal data. Please note that this is not always possible, especially if we have a legal obligation to retain personal data, if you have entered into a contractual relationship with us, or in other exceptional situations. The right to erasure of data cannot be used to terminate an existing contract. You can also object to certain processing, in particular processing that we carry out on the basis of our justified (non-overriding) interest. You can also withdraw your consent at any time for processing for which you have given consent. With regard to both objection and withdrawal of consent, we will cease processing if there are no other legal grounds requiring processing. Finally, you always have the right to file a complaint with the Data Protection Authority (www.privacycommission.be).

Security. Your personal data will be treated confidentially. It is also appropriately protected depending on the risk involved in its processing and, where appropriate, stored and secured in accordance with specific legal requirements.

Transfer to third parties. We will only transmit your personal data to third parties following your consent, on the basis of a legal obligation or a judicial or administrative decision or as indicated above in the context of the execution of the contract.

Social Media and Other Third Parties. We have no influence on social media and other third party services that are used on our website and therefore accept no liability. When you use your social media profile, the relevant social media provider processes your personal data in accordance with its policy. We have no influence on this policy. We encourage you to carefully read their personal data policy.

Direct Marketing. “Direct Marketing” means any direct communication between us and you which aims to inform you about our products and services or to update your customer profile and which are not emails sent in the context of personalized searches that you have saved. You can always object to the use of your personal data for direct marketing by contacting us for this purpose.

Changes to this Privacy Policy. We strive to keep this privacy policy stable. However, for various reasons, it may exceptionally be necessary to modify this privacy policy. Therefore, we invite you to check this page regularly.

Disclaimer of this privacy policy. It is possible that some features have not yet been fully implemented or have been implemented differently than described here. We accept no responsibility for this. In any case, this does not affect your rights conferred on you by the GDPR and which you can exercise from May 25, 2018.