1 Preliminary

Preliminaries. We respect the privacy of our customers and visitors to our website. We therefore handle your personal data with care. With this privacy policy, we want to inform you how we handle your personal data when you use this website, as well as when you use our services.

Brief introduction to personal data protection legislation. Effective May 25, 2018, legislation is in place that governs your rights regarding your personal data. The key terms in this new legislation (often called GDPR) are data subjects, personal data, and processing operations. The data subject, that is you, the natural person who visits this website or uses our services. Your personal data is any information that relates to you: that can 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 told us in a contact form. What we do with your personal data is to process it. This ranges from retrieval, storage to use for multiple purposes.

2 What personal data?

Why do we process your personal data? We process your personal data to enable us to sell or rent your property, to be able to find a match between your wants and needs and the properties we offer for rent and sale, to allow you to stay informed about properties that may interest you.

On what legal basis do 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 performance of a contract, and legal obligation.

Sometimes we have a “legal obligation” to request personal data. For example, in order to prepare a sales compromise, we must have your national registration number.

For certain things, such as sending newsletters by email, we ask your permission. You may withdraw your consent at any time. You can do so easily, usually by clicking the “unsubscribe” button found in each of these emails.

We also retain data based on our “legitimate interest.” This “legitimate interest” includes those things that you, the client, can expect that we, as real estate agents, need in order to do our job soundly. These include, for example, the creation of customer lists (more on this below) or specific information of interest in the context of particular properties or particular customers.

Finally, of course, we need personal data to perform the agreement we have with you, such as identification data, address data and contact data.

What personal data do we keep from you? What personal data we keep from you depends on the relationship you have with us. We call these categories of stakeholders.

We go over below how we process your personal data for each category of customer, whether you can object, and the consequences of doing so. We then go over what rights you have against us as a data subject.

What personal data do we process from the visitor? If you, as a visitor to our website, do not communicate any personal data, we do not store any personal data. Depending on browser settings, cookies may be placed on the user’s device. Please refer to the cookie policy.

What personal data do we process with no-obligation services? Some of our services are completely without obligation. In that case, we process only the data necessary for this service.

These services include creating a profile, saving searches, getting a free estimate on your property, filling out a contact form, subscribing to a newsletter. When creating a profile, the following information can be requested: identification information and contact information. When saving a query, in addition to an email address, the information that is necessary or useful to create the query you requested is saved. A free estimate of your property requires a certain investment and it is normal that we may keep a variety of personal data, such as property information, identification information, contact information, the reason why you request the estimate. Having a free estimate performed constitutes consent to the collection of this data. Once an estimate is performed, we retain this estimate, both based on your consent and a legitimate interest, as well as from potential liability from this estimate. When you fill out a contact form, we save your contact information and your question or comment, as well as any further communication. When you subscribe to a newsletter, your e-mail address is retained.

Except as indicated above, any processing is done within the scope of your consent.

We store this personal data while the processing is ongoing and for 6 months or more after your last activity.

What personal data do we process from the prospective tenant? You are a prospective tenant as soon as you have explicitly applied to us to do so. For a prospective tenant, the following processing are possible. A pre-screening allows you to establish your tenant profile. This is by no means an “automated decision.” We collect this information to let you visit properties that may meet your needs and not to let you visit properties that in some way are not a match for you. These personal details may include: your pay slip or details about your income, your family situation, from when you want to rent, your budget, as well as all information about the desired property. If a property is visited, we also note this. When entering into a rental agreement, all information necessary to enter into the rental agreement is collected and stored.

We retain this personal data for the purpose of possibly entering into a rental agreement. Therefore, the legal basis for processing is the “pre-contractual phase.” The storage period of personal data is at least 6 months, further depends on your degree of activity as a prospective tenant, and may be extended within a reasonable framework, in order to establish a long-term profile of you as a tenant. If, based on your reduced activity as a prospective tenant, a decision is made to no longer process your data, you may be notified in advance.

If you sign a rental agreement, we must keep personal data for at least 10 years for our contractual liability.
You have a right to inspect and an effective right to rectify objectively erroneous data. No personal data belonging to special categories (such as race, religion, sexual orientation, health) will be kept unless you exceptionally explicitly request it yourself.

What personal data do we process from the prospective buyer? You are a prospective buyer as soon as you have explicitly applied to us to do so. For a prospective buyer, we process the following personal data. We keep your name, e-mail address and cell phone number. We note your wants and needs regarding the property you are looking for, as well as any other information you communicate to us regarding your situation or that we understand may be helpful in finding a suitable property. If you visit a property, we note this as activity associated with this property. The vendor, who can access the activity report through an online profile, only sees that a visit has taken place. If you make a bid, we will save your bid, and the seller’s response. If an offer or counter-offer is accepted, all legal data necessary to compromise will be collected and retained (such as a copy or a reading of your ID card). Compromise is also preserved. If you have expressed strong interest in a property or have visited a property, and our assignment ends without selling the property, the seller will receive a list of all (serious) prospective buyers via registered mail. This list includes your name, your email address, and a partially illegible cell phone number. We transfer your data to the seller because of a compelling legitimate interest, in particular because of compelling contractual provisions in the sales order. This means that you cannot oppose it. The following precautions are taken in this regard: the seller is prohibited from contacting you directly on the basis of this list; he or she is also prohibited from informing anyone else that you are on this list, as well as from passing this list on; and after 6 months, the seller is obliged to destroy the list, as well as any copy or scan he or she may have of it. In addition, it is possible that we may pass this list on ourselves to a real estate agent who takes over the sales assignment, or with whom we work.

Except where stated above, the processing is based on your consent and our legitimate interest in better serving you. Your data will be kept for a minimum of 2 years.

If you make a binding offer, sign a promise to buy or compromise, we must retain personal data for at least 10 for our contractual liability. By default, we keep your data for a period of 30 years, but after 10 years you can ask for your data to be deleted.

You have a right to inspect and an effective right to rectify objectively erroneous data. To this end, you must provide us with proof of your identity), communicate the correct information, as well as sufficient proof of this correct value where necessary. No personal data belonging to special categories (such as race, religion, sexual orientation, health) will be kept unless you exceptionally explicitly request this yourself.

What personal data do we process from the landlord? In connection with a rental assignment, we keep all data, necessary to carry out the rental assignment, such as property details, your identity and contact information. We also retain additional information we learn about the property or other useful information to help us find a suitable tenant for your property. Please note that the GDPR prohibits processing personal data relating to race, religion, sexual orientation, health, so the “other useful information” we note cannot relate to such matters in any way.

Personal data is kept in order to perform the rental assignment. In view of the legal obligations in this regard and in view of our contractual liability, personal data will be stored for at least 10 years. By default, we keep your data for a period of 30 years, but after 10 years you can ask for your data to be deleted.

If you entrust us with the task of preparing an EPC, electrical conformity certificate, the necessary personal data will be forwarded to our partner. If a rental agreement is entered into, then those records are kept that are necessary to prepare the rental agreement.

If you decide to publish your property on one or more real estate portals, we will only send the property details to these portals, i.e. no contact or other details of yours.

What personal data do we process from the seller? As part of a sales order, we retain all data necessary to complete the sales order, such as property details, your identity and contact information. We also keep additional information we learn about the property or other useful information to help us find a suitable buyer for your property. In view of the legal obligations in this regard and in view of our contractual liability, personal data will be stored for at least 10 years. By default, we keep your data for a period of 30 years, but after 10 years you can ask for your data to be deleted.

If you entrust us with the task of preparing an EPC or electrical conformity certificate, the necessary personal data will be forwarded to our partner. If a compromise is reached, then those data necessary to draft the compromise are kept. If you decide to publish your property on one or more real estate portals, we will only send the property details to these portals, i.e. no contact or other details of yours.

See below for important information regarding your potential responsibilities as a seller.

What personal data do we process from the resident? In the context of a sales or rental order, we keep all data, necessary to fulfill the order, namely your contact information. We keep these until the assignment is completed. After that, the data will be deleted if you have no further relationship with our office.

What personal data do we process from the prospect? We distinguish between the prospect who approaches us and the actively approached prospect. When you contact us yourself without obligation with a view to a possible rental or sale order, we retain your identity, your contact details, the information we obtain regarding your property, and other information that allows us to assess your property and the context or reason for your contact. We do the latter on the basis of a legitimate interest, in particular the efficient handling of this non-binding contact. We keep the data you provide to us for a standard period of 2 years.

We may also contact you if we learn that you may or may wish to put your property up for sale or rent. Publicly made contact information may be stored, in accordance with the GDPR. If you wish 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 time (e.g., three months), we will note this, and no more.

What if you belong to two categories of stakeholders? You may belong to more than one category of stakeholders over time. This allows a prospective buyer to 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 about data, received from third parties, such as real estate portals? Properties, both for rent and for sale, can be published on real estate portal sites. Real estate portal sites include search capabilities, and to collect and store your contact information. With your permission, a portal site provides us with your contact information as well as the property you are interested in.

You will immediately receive an email from us confirming that we have received your contact information and information regarding the property you are interested in. This e-mail may contain an invitation to give your permission to automatically receive notifications from similar properties.

We can also automatically send you a series of properties similar to the one for which you requested information. This is because many customers appreciate it. In that case, you can always unsubscribe with 1 click.

Historical data. Historical data is personal data that is in our database from before May 25, 2018, date of entry into force of the GDPR. For those individuals with whom we have an ongoing agreement or for whom we have a legal obligation to retain personal data, we will of course continue to retain that personal data. For the other personal data, which are kept in our files either on the basis of consent or on the basis of legitimate interest, it is usually difficult or impossible to identify the basis on which we keep this personal data. A company has two ways to address this. A first way is to send an e-mail to everyone on this file asking them to renew or confirm their consent to the use of personal data. In that case, only the personal data of those who have effectively consented are retained. A second way is to consider the processing of personal data as a legitimate interest. In this case, with each contact, the data subject has the opportunity to object to the processing and it will be terminated. Each of these ways can be combined with a cleanup of old customer data.

We have chosen the second way of handling historical data. It goes without saying that you always have the right to request that these historical personal data be deleted (in the absence of legal obligations and ongoing agreements).

Your responsibilities as a salesperson. It is possible for several reasons that the sales assignment you have entrusted to us may end without the sale of your property. In that case, upon completion of our assignment, you will receive the list of 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 cell phone number, the latter possibly partially. Even as an individual, you have obligations under the GDPR in connection with that list and are a data controller of that list. You are permitted by us to retain and view the personal data on this list for 6 months after receipt. You are prohibited from communicating or sharing this personal information to anyone and in any way, except with a real estate broker with whom you wish to engage. You are also prohibited from actively seeking any contact with these individuals. After 6 months, you are required to destroy this list, as well as every copy, scan and photograph of it.

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

Luxury Real Estate
Avenida Lucio Diaz Flores feo 20

38639 Las Chafiras
Tenerife (Spain)
maarten@luxevastgoedtenerife.com

Your rights as a data subject. As a data subject, you have a number of rights related to your personal data. You have a right to access your personal data. This means that you have the right to inspect the personal data we hold about you. Please note that we have a one-month period to respond to this and may ask you for proof of your identity before we respond to your request. You also have a right of rectification. That means you have the right to have incorrect personal data corrected. In this case, we may ask you for proof of the accuracy of the data you provide. You further You further have a right of data erasure. That means you can request that your personal data be deleted. Please note that this is not always possible, particularly 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 data erasure cannot be used to terminate a current agreement. You may also object to certain processing operations, specifically to processing operations that we perform on the basis of our (not compelling) legitimate interest. You may also withdraw your consent at any time for those processing operations for which you have given your consent. With regard to both objection and withdrawal of consent, we will cease processing if there are no other legal bases that make processing necessary for the time being. Finally, you always have the right to complain to the Data Protection Authority (www.privacycommission.be).

Security. Your personal data will be kept confidential. They are also appropriately secured according to the risk their processing poses and, where applicable, kept and secured according to specific legal requirements.

Transfer to third parties. We disclose your personal data to third parties only with your consent, or based on a legal obligation or a court or administrative decision or as discussed above in the context of contract performance.

Social media and other third parties. Our website may contain links to social media platforms or other third-party services. We have no control over how these services work and therefore are not responsible for them. Nor do we control their privacy policies and cookie policies. When you use your social media profile, the relevant social media provider processes your personal data according to its policies. We encourage you to thoroughly review their policies around personal data.

Direct marketing. “Direct Marketing” means any direct communication between us and you that aims to inform you about products and services or to update your customer profile, and does not include 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 unsubscribe button in such email or by contacting us about it.

Changes to this privacy policy. We strive to keep this privacy policy stable. Nevertheless, for various reasons, it may be necessary to exceptionally modify this privacy policy. Therefore, please check this page regularly for changes.

Disclaimer of this privacy policy. It is possible that some functionality has not yet been implemented, or has not yet been fully implemented, or has been implemented differently than described here. We accept no liability for this. In any case, this does not affect your rights that the GDPR gives you and that you can exercise as of May 25, 2018.