1. Introduction
Preliminary Remark: We respect the privacy of our clients and website visitors. Therefore, we handle your personal data with care. Through this privacy policy, we aim to inform you about how we process your personal data when you use this site and our services.
Introduction to Personal Data Protection: Since May 25, 2018, a new European regulation determines your rights concerning your personal data. The most important concepts of this new legislation (called GDPR) are the 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 includes all information that relates to you: it could be your name, email address, but also the fact that you contacted us via a contact form or the contract you concluded with us. What we do with your personal data is called processing. This ranges from requesting, storing, to using it, and other various purposes.
2. What Personal Data?
Why do we process your personal data? We process your personal data to sell or rent your property, to find a property that matches your desires and needs among the properties we rent and sell, and to keep you informed about 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, "legitimate." We process your data based on our legitimate interest, your consent, the pre-contractual phase, the execution of an agreement, and legal obligation.
Sometimes we have a "legal obligation" to request personal data. For example, establishing a sales agreement requires your national registry number.
For certain matters, such as sending newsletters by email, we ask for your consent. You can withdraw your consent at any time, usually by clicking the "unsubscribe" button found in each of these emails.
We also keep data based on our "legitimate interest." This legitimate interest includes what you can expect as a client, that we process as real estate agents to perform our work properly. This concerns, for example, creating lists of potential buyers or specific important information in the context of certain properties or clients.
Finally, we obviously need personal data to execute the contract that binds us to you, such as your contact details.
What personal data do we keep about you? The personal data we keep about you depends on the relationship you have with us. We call this the categories of data subjects.
Below, we process the different categories of clients, how we handle your personal data, whether you can object to this processing, and the consequences. Next, we examine the rights you have towards us as a data subject.
What personal data do we process for 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 entirely free. In this case, we only process the data required for this service.
These services include creating a profile, saving searches, requesting a free property estimation, filling out a contact form, and subscribing to a newsletter. When creating a profile, the following data may be requested: identification data and contact details. When saving a search, in addition to an email address, the necessary or useful information to compile the requested query is recorded. A free property estimation requires a certain investment and it is normal that we can keep various personal data, such as property data, identification data, contact details, and the reason for the estimation request. Performing a free estimation implies the authorization to collect this data. Once an estimation is made, we keep this estimation based on your consent, legitimate interest, and possible liability for this estimation.
When you fill out a contact form, we record your contact details, your question or comment, and any other communication. When you sign up for a newsletter, your email address will be recorded.
Except as stated above, all processing occurs within the scope of your consent.
We keep this personal data as long as the processing is ongoing and up to 6 months or more after your last activity.
What personal data do we process for rental candidates? You are a rental candidate as soon as you identify yourself to us for this purpose. The following processing activities are possible for a rental candidate: a pre-screening allows us to complete your tenant profile. This is in no way an automated decision. We collect this information to enable you to visit properties that may meet your needs and avoid visiting properties that do not match your needs at all. This personal data may include: your pay slip or other income information, your family situation, when you want to start renting, your budget, and all information about the desired property. When a property is visited, we also note this. When a lease is concluded, all the necessary data for the conclusion of the rental contract is collected and recorded.
We keep this personal data with a view to potentially concluding a lease. The legal basis for 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 rental candidate and can be reasonably renewed to establish a long-term tenant profile. If, based on your reduced activity as a rental candidate, we decide to no longer process your data, you may be informed in advance. If you sign a lease, we must keep the personal data for at least 10 years, due to our contractual liability.
You have the right to access and the effective right to rectify objectively incorrect data. No specific personal data is kept (such as race, religion, sexual orientation, health status...) unless you explicitly request it.
What personal data do we process for buyer candidates? You are a buyer candidate as soon as you identify yourself to us for this purpose. We process the following personal data for a buyer candidate: 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 provide us about your situation or that we consider useful for 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 the legal data required to establish an agreement may be collected and retained (such as a copy of your ID card). The agreement is also saved. If you have shown a 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 masked mobile phone number. We will transmit your contact details to the seller for an overriding legitimate interest, particularly 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 based on this list, it is also forbidden for the seller to inform anyone that you are on this list or to share this list. After 6 months, the seller is required to delete the list and any copy or scan in their possession.
Additionally, it is possible that we transmit this list to a real estate agent who takes over the mandate or with whom we work.
Other than what has been stated above, processing is carried out based on your consent and our legitimate interest to be able to offer you better service. Your data is kept for a minimum of 2 years. If you make a firm offer, sign a purchase promise, 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 30 years, but after 10 years, you can request the deletion of your data.
You have the right to access and the effective right to rectify objectively incorrect data. For this purpose, you must provide proof of your identity, the correct information, and, if applicable, sufficient proof of this correct value. No specific personal data is kept (such as race, religion, sexual orientation, health status...) unless you explicitly request it.
What personal data do we process for owners? In the context of a rental mandate, we keep all data necessary for executing the rental mandate, such as property data, your identity, and contact details. We also keep additional information we obtain regarding the property or other useful information for a tenant for your property. Please note that GDPR prohibits the processing of any personal data concerning race, religion, sexual orientation, or health status, so the other useful information we record cannot in any way relate to such data.
Personal data is kept to execute the rental mandate. Personal data is kept for at least 10 years, considering the legal obligations in this area and our contractual liability. By default, we keep your data for a period of 30 years, but after 10 years, you can request the deletion of your data.
If you entrust us with obtaining an EPC or electrical compliance certificate, the necessary personal data will be transmitted to our partner. If a lease is concluded, the necessary data for establishing the lease will be retained.
If you decide to publish your property on one or more real estate portal sites, we will only send the details of the property to this portal site, and no other contact details or details about you.
What personal data do we process for sellers? In the context of a sales mandate, we keep all data necessary for executing this mandate, such as property data, your identity, and contact details. We also keep additional information we obtain regarding the property or other useful information for a potential buyer for your property. Personal data is kept for at least 10 years, considering the legal obligations in this area and our contractual liability. By default, we keep your data for a period of 30 years, but after 10 years, you can request the deletion of your data.
If you entrust us with obtaining an EPC or electrical compliance certificate, the necessary personal data will be transmitted to our partner. If a compromise is concluded, the necessary data for preparing the compromise will be retained. If you decide to publish your property on one or more real estate portal sites, we will only send the details of the property to this portal site, and no other contact details or details about you.
See further for important information on your possible responsibilities as a seller.
What personal data do we process for residents? In the context of a sales or rental mandate, we keep all data necessary for executing the mandate, including the resident's contact details. We retain them until the end of the mandate. These data are then deleted if you have no other relationship with our agency.
What personal data do we process for prospects? We distinguish between prospects who contact us and prospects we contact. If you contact us regarding a possible mandate, we will keep your identity, contact details, information we obtain about your property, and any other information allowing us to evaluate your property and the context or reason for your contact. We do this based on legitimate interest, particularly efficient processing of this contact without commitment. We keep the data you give us by default for 2 years.
It is also possible that we contact you if we learn that you intend to sell or rent your property. The communicated contact details can be stored according to GDPR. If you wish to have further contacts with us, we will process 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 (e.g., three months), we will comply with your request.
What if you belong to two categories of people simultaneously? It may happen that over time you belong to more than one category of involved people. For example, a buyer candidate may later become a seller. In this case, your personal data will be processed according to both categories, possibly with multiple legal bases. The longest retention period will be applied.
What about data from third parties, such as portal sites? Properties for sale and rent can be published on portal sites. Real estate portal sites contain search criteria, collection, and storage of your contact details. With your permission, a portal site provides us with your contact details and information about the property you are interested in.
You will immediately receive an email from us confirming that we have received your contact details and information about the property you are interested in. This email may contain an invitation to consent to automatically receive messages about similar properties.
We may also automatically send you a series of properties similar to the property for which you requested information (many clients appreciate this service). You can always unsubscribe with one click.
Historical Data: Historical data is personal data contained in our database before May 25, 2018, the effective date of GDPR. For people with whom we have a mandate or for whom we have a legal obligation to retain personal data, we will, of course, retain this data. For other personal data, kept in our database either based on consent or legitimate interest, it is generally difficult, if not impossible, to know on what basis we keep this data. A company has two ways to manage this.
One solution is to send an email to everyone included in this file asking them to renew or confirm their consent to use personal data. In this case, only the personal data of those who have indeed accepted will be retained. Another way is to consider the processing of personal data as a legitimate interest. In this case, the data subject can object to the processing at each contact; this opposition will end the processing. Each of these ways of working can be combined with a cleanup operation of old client data.
We have opted for the second way of handling historical data. Needless to say, 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: For several reasons, it is possible that the sales contract you have entrusted to us ends without the sale of your property. In this case, at the end of our mission, you will receive a list of buyer candidates who visited your property or expressed serious interest. This list contains the personal data of these buyer candidates, particularly their first and last names, email addresses, and mobile phone numbers (possibly partially masked).
Even as an individual, you have obligations under the GDPR concerning this list and are responsible for it. You are allowed to save and consult the personal data on this list for 6 months after receipt. You are not allowed to communicate this personal data to anyone 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 required to destroy this list and all copies, scans, and photos in your possession.
Contact: For any questions or requests regarding the processing of your personal data, you can contact us at the following address:
{COMPANY INFO HERE}
Your Rights as a Data Subject: As a data subject, you have several rights concerning your personal data. You have the right to access your personal data. This means you have the right to access the personal data we hold about you. Note that we have one month to respond to your request, and we may ask you for proof of identity before responding to your request. You also have the right to rectification. This means 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 data erasure. This means 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 data erasure cannot be used to terminate an existing contract. You can also object to certain processing, especially processing that we carry out based on our legitimate interest (non-overriding). You can also withdraw your consent at any time for processing for which you have given your consent. Regarding both the objection and the withdrawal of consent, we will stop processing if there are no other legal bases 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. They are also appropriately protected based on the risk involved in their processing and, where applicable, stored and secured in accordance with specific legal requirements.
Transfer to Third Parties: We will only transfer your personal data to third parties once your consent has been obtained, based on a legal obligation or a judicial or administrative decision, or as indicated above in the context of executing the contract.
Social Media and Other Third Parties: We have no influence on social media and other third-party services used on our website and, therefore, disclaim any responsibility. When you use your social media profile, the respective social media provider processes your personal data in accordance with its policy. We have no influence on this policy. We encourage you to read their personal data policy carefully.
Direct Marketing: "Direct Marketing" means any direct communication between us and you aimed at informing you about our products and services or updating your customer profile, which are not emails sent within the scope of saved personalized searches. 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 maintain this privacy policy. However, for various reasons, it may exceptionally be necessary to modify its content. Therefore, we invite you to regularly check this page.
Disclaimer of this Privacy Policy: It is possible that certain features have not yet been fully implemented or have been implemented differently from what is described here. We accept no liability for this. In any case, this does not affect the rights granted to you by the GDPR, which you can exercise from May 25, 2018.
RelationshipDescriptionVISITORThe natural person who visits the site without identifying themselves and without providing personal data.FREE SERVICESThe natural person who uses our free services (such as personalized searches, free property estimation, contact form) without signing a contract.RENTAL CANDIDATEThe rental candidate who, for a specific property or in general for rental property search, provides us with detailed information and possibly visits one or more properties.BUYER CANDIDATEThe buyer candidate who provides us with information in the context of a specific property or in general for property search and possibly visits one or more properties.OWNERThe owner with whom a rental mandate is concluded.SELLERThe seller with whom a sales mandate is concluded.RESIDENTThe person who resides in a property when they are neither the owner nor the seller in the transaction.PROSPECTThe natural person who contacts us or whom we contact for the sale or rental of a property related to this person.