A brief introduction to the legislation on the protection of personal data.
With effect from 25 May 2018, a law is in force that governs your rights with regard to your personal data. The key concepts in this new legislation (often referred to as GDPR) are those involved, personal data, and processing. The person concerned, that is you, the natural person who visits or uses this website makes use of our services. Your personal information is all the information that relates to you: That may be your name, your email address, but also your contacts with us, your preferences regarding the property you are looking for, or what you have communicated to us in a contact form. What we do with your personal information is process it. That goes from query, save to use for multiple purposes.
2 What personal information?
Why do we process your personal information?
We process your personal information to enable us to sell or rent your property in order to find a match between your wishes and needs and the properties we rent and sell, to allow you to stay informed of properties that may interest you.
On what legal basis we process your personal data (the “legal basis”).
Any use of your personal data must have a legal basis, must be “lawful”. We process your data based on our legitimate interest, your consent, the pre-contractual phase or the execution of an agreement, and the legal obligation.
What personal information do we keep?
The personal information we store from you depends on the relationship you have with us. We call these categories of people involved.
We'll cross over below by category of customer how we can manage your process personal data, or you may oppose it, and the consequences thereof. We will then continue to know what rights you have as a client to us.
What personal data do we process from the visitor?
What personal information do we process with non-binding services?
Some of our services are completely free of obligation. In that case, we only process the data needed for this service.
What personal data do we process from the prospective tenant?
You are a candidate tenant as soon as you have explicitly reported to us. For a prospective tenant, the following processing is possible. A pre-screening allows you to record your hire profile. This is not in any way a “automated decision”. We collect this information to let you visit properties that meet your needs and not visit properties that are not a match for you in a way. This personal data may include: Your wage sheet or details of your income, your family situation, from when you want to rent, your budget, as well as all information about the property you want. If a building is visited, we will record this as well. Upon entering into a rental agreement, all data necessary for the conclusion, collection and retention of the rental agreement will be collected.
What personal information do we process from the prospective buyer?
You will be a prospective buyer as soon as you have explicitly reported to us. For a prospective buyer, we process the following personal data. We'll keep your name, email address and mobile phone number. We will record your wishes and needs regarding the property you are looking for, as well as any other information you provide regarding your situation or which we understand may be useful in finding a suitable property. If you visit a property, we will record this as an activity connected to this property. The seller, who has access to the activity report via an online profile, only sees that a visit has taken place. When you make a bid, we will keep your bid, and the seller's answer. If a bid or offer is accepted, all legal data necessary to create, collect and retain a compromise (such as a copy or a reading of your identity card) will be collected. The compromise is also preserved. If you have shown strong interest in a property or have visited a property, and finish our order without selling the property, the seller will receive a list of all (serious) prospective buyers by registered letter. This list contains your name, your email address and a partially unreadable mobile phone number. We will pass your information on to the seller for a compelling legitimate interest, in particular because of mandatory contractual provisions in the sales order. This means that you cannot oppose it. The following precautions are taken in this context: The seller is forbidden to contact you directly on the basis of that list, nor is he or she also prohibited from reporting to anyone that you are on that list, as well as from reporting it; and after 6 month, the seller is obliged to destroy the list, as well as any copy or scan he or she may have of it. In addition, we may pass this list on to a real estate agent who takes over the sales order, or with whom we work.
What personal data do we process from the landlord?
As part of a rental order, we keep all the information necessary to carry out the rental order, such as pledge details, your identity and contact details. We will also retain additional information we will learn about the property or other useful information to find a suitable tenant for your property. Please note that the GDPR prohibits the processing of personal data on race, religion, sexual orientation, health, so that the “other useful information” we record may not relate in any way to such matters.
What personal information do we process from the seller?
As part of a sales order, we keep all the information needed to complete the sales order, such as pawn information, your identity and contact information. We will also keep additional information that we will learn about the property or other useful information to find a suitable buyer for your property. The personal data is kept for at least 10 years, in view of the legal obligations and in view of our contractual liability. By default, we keep track of your data for a period of 30 years, but after 10 years you can ask to delete your data. If you entrust us with the task of drawing up an EPC or electrical certificate of conformity, the necessary personal data will be forwarded to our partner. If a compromise is reached, the data needed to reach the compromise will be retained. If you decide that your property will be published on one or more Immo-portal sites, we will send only the pledge information, not contact information, nor any other information from you.
What personal data do we process from the resident?
As part of a sales or rental order, we keep all the information necessary to carry out the order, namely your contact details. We will keep it until the order is completed. After that, the data will be deleted if you no longer have any further relationship with our office.
What personal information do we process from the prospect?
We distinguish the prospect that approaches us and the actively approached prospect. When you approach us yourself without obligation in order to obtain any rental or sales order, we will retain your identity, your contact details, the information we obtain about your property, and other information that allows us to assess your property and the context or reason of your contact. We do this on the basis of a legitimate interest, in particular an efficient treatment of this non-binding contact name. The information you provide us is stored for 2 years by default.
What if you belong to two categories of stakeholders?
Over time, you may belong to more than one category of people involved. This way a prospective buyer can become a seller afterwards. In this case, your personal data will be processed according to both categories, with possibly multiple legal bases, and the longest storage period will be maintained.
What with data, received from third parties, such as immo portal sites?
Properties, both for rent and for sale, can be published on immo-portal sites. Immo portal sites include search capabilities, and to collect and store your contact information. With your permission, a portal site will provide us with your contact details, as well as the property you are interested in.
Historical data are personal data which is in our database before 25 May 2018, date of entry into force of the GDPR. For those persons with whom we have an agreement or for which we have a legal obligation to keep personal data, we will of course keep that personal data. For the other personal data, which are stored in our files either on the basis of consent or on the basis of the legitimate interest, it is usually difficult or impossible to find out on what basis we keep this personal data. A company has two ways to address this. First of all, everyone in this file should send an email asking for permission to renew or confirm the use of personal information. In this case, only the personal data of those who have effectively agreed are retained. A second way is to regard the processing of personal data as a legitimate interest. In this case, the person concerned will be able to object to the processing at any time of contact and will be terminated. Each of these ways can be combined with a chastised operation of old customer data.
Your responsibilities as a seller.
For several reasons, the sales order you have entrusted to us may end without the sale of your property. In this case, upon termination of our order, you will receive the list of the prospective buyers who have visited your property or shown serious interest in it. This list contains personal data of these prospective buyers, in particular name and first name, e-mail address and mobile phone number, which may be partially included. As a private person, you also have obligations under the GDPR in connection with that list and you are a processing officer of this list. We will authorize you to retain and review the personal data on this list for 6 month after receipt. You are prohibited from communicating or sharing this personal information to anyone, in any way, unless you wish to engage with a real estate agent with whom you wish. You are also prohibited from actively seeking any contact with these persons. After 6 month, you are required to destroy this list, as well as any copy, scan, and photo of it.
If you have any questions or requests regarding the processing of your personal data, please contact us. You can contact us at the following address:
Your rights as a data subject.
As a client, you have a number of rights in connection with your personal data. You have a right of access to your personal data. This means that you have the right to have access to the personal information we store about you. Please note that we have a period of one month to answer and that we can ask you for proof of your identity before we respond to your request. You are also entitled to a correction. 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 information you provide. You will also have a right of data wipe. This means that you may request that your personal data be erased. Please note that this is not always possible, especially if we have a legal obligation to retain personal information, if you have entered into a contractual relationship with us, or in other exceptional situations. The right to data wipe cannot be used to terminate an ongoing agreement. You may also object to certain processing operations, in particular those which we carry out on the basis of our (non-binding) legitimate interest. You may also withdraw your consent at any time for those processing for which you have given your consent. As far as objections and the withdrawal of consent are concerned, we will stop processing if there are no other legal bases which make processing necessary for the time being. Finally, you always have the right to complain to the Data Protection Authority (www.privacycommission.be).
Your personal information will be treated confidentially. They are also adequately protected according to the risk of their processing and, where applicable, kept and secured according to the specific legal requirements.
Transfer to third parties.
We will only pass your personal information on to third parties with your consent, or on the basis of a legal obligation or a judicial or administrative decision or as discussed above in the context of the performance of the agreement.
Social media and other third parties.
"Direct Marketing" means any direct communication between us and you that is intended to inform you about products and services or to update your customer profile, and which is not included in the emails sent out in the context of personalized property searches. You can always object to the use of your personal data for direct marketing by pressing the write-down button in such email or by contacting us about it.
It is possible that some functionality has not yet been fully implemented, or has been implemented differently than described here. We do not accept any liability for this. In any case, this does not affect your rights that the GDPR gives you and which you can exercise as from 25 May 2018.