1 Preliminary
Preliminary. We respect the privacy of our clients and visitors to our website. We therefore handle your personal data with care. With this privacy policy, we would like to inform you how we process your personal data when using this website, as well as when you make use of our services.
Brief introduction to personal data protection legislation.
As of 25 May 2018, legislation has been in force governing your rights concerning your personal data. The key concepts in this new legislation (often referred to as the GDPR) are data subjects, personal data, and processing. The data subject is you — the natural person who visits this website or makes use of our services. Your personal data are all data relating to you: this may include your name, your email address, but also your interactions with us, your preferences regarding the property you are searching for, or what you have communicated to us in a contact form. What we do with your personal data is process them. Processing includes requesting, storing, and using the data for various purposes.
2 Which personal data?
Why do we process your personal data?
We process your personal data to enable us to sell or rent your property, to match your wishes and needs with the properties we offer for sale or rent, and to keep you informed about properties that may be of interest to you.
On what legal basis do we process your personal data (the “legal ground”)?
Each use of your personal data must have a legal basis; it must be “lawful”. We process your data on the basis of our legitimate interest, your consent, the pre-contractual phase or the performance of a contract, and legal obligations.
Sometimes we have a legal obligation to request personal data. For example, to be able to draft a sale agreement (compromise), we must have your national registration number.
For certain matters, such as sending newsletters by email, we ask for your consent. You can withdraw your consent at any time, usually simply by clicking the ‘unsubscribe’ button included in each of these emails.
We also store data based on our legitimate interest. This “legitimate interest” covers those matters which you, as a client, can reasonably expect us to need in order to properly perform our duties as real estate agents. This may include compiling client lists (explained later) or specific information relevant to certain properties or clients.
Finally, we need personal data to perform the contract we have with you, such as identification data, address data, and contact details.
Which personal data do we store about you?
Which personal data we store depends on the relationship you have with us. We refer to this as categories of data subjects.
| Relationship | Description |
|---|---|
| VISITOR | the natural person who visits the website without identifying themselves and without providing us with personal data |
| FREE SERVICES | the natural person who uses our free services (such as saving searches, free property valuation, contact form) without signing an agreement |
| PROSPECTIVE TENANT | the prospective tenant who, in relation to a specific property or in the context of searching for a rental home in general, provides us with detailed information and may visit one or more properties |
| PROSPECTIVE BUYER | the prospective buyer who, in relation to a specific property or in the context of searching for a property to purchase in general, provides us with detailed information and may visit one or more properties |
| LANDLORD | the landlord with whom a rental mandate is signed |
| SELLER | the seller with whom a sales mandate is signed |
| OCCUPANT | the person occupying a property, who is not the landlord or seller involved in the transaction |
| PROSPECT | the natural person we contact, or who contacts us, with a view to renting out or selling a property belonging to that person |
We discuss below, for each category of customer, how we process your personal data, whether you can object to this, and what the consequences of such objection are. We then set out which rights you, as a data subject, have vis-à-vis us.
Which personal data do we process from the visitor?
When you, as a visitor to our website, do not provide any personal data, we do not store personal data. Depending on the settings of the browser, it is possible that cookies are placed on the user’s device. See our cookie policy for this.
Which personal data do we process for free services?
Some of our services are entirely without obligation. In that case, we only process those data that are necessary for this service.
These services include, among others: creating a profile, saving searches, a free valuation of your property, completing a contact form, 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 information needed or useful to set up the search you requested is stored. A free valuation of your property requires a certain investment, and it is normal for us to store various personal data, such as property details, identification data, contact details, and the reason why you request the valuation. Requesting a free valuation implies consent to the collection of these data. Once a valuation has been carried out, we store this valuation, both on the basis of your consent and a legitimate interest, as well as due to potential liability arising from this valuation. When completing a contact form, we store your contact details and your question or comment, as well as any further communication. When subscribing to a newsletter, your email address is stored.
Except as indicated above, all processing takes place within the framework of your consent.
We store these personal data for as long as the processing continues and up to 6 months or more after your last activity.
Which personal data do we process from the prospective tenant?
You are a prospective tenant as soon as you have explicitly identified yourself to us as such. For a prospective tenant, the following processing operations are possible. A pre-screening allows us to establish your tenant profile. This is by no means an “automated decision”. We collect these data to enable you to visit properties that may meet your wishes and to avoid inviting you to properties that would clearly not be a match for you. These personal data may include: your payslip or information regarding your income, your family situation, the date from which you wish to rent, your budget, as well as all information regarding the desired property. If a property is visited, we note this as well. When entering into a lease agreement, all data necessary to conclude the lease are collected and stored.
We store these personal data with a view to potentially entering into a lease. The legal basis for the processing is therefore the “pre-contractual phase”. The retention period of the personal data is at least 6 months, further depends on your level 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, it is decided that your data will no longer be processed, you may be notified of this in advance.
If you sign a lease agreement, we must retain the personal data for at least 10 years for our contractual liability.
You have a right of access and an effective right to rectification of objectively incorrect data. No personal data belonging to special categories (such as race, religion, sexual orientation, health) are stored, unless you exceptionally and explicitly request this yourself.
Which personal data do we process from the prospective buyer?
You are a prospective buyer as soon as you have explicitly identified yourself to us as such. For a prospective buyer we process the following personal data. We store 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 communicate to us about your situation or that we understand may be useful in finding a suitable property. If you visit a property, we record this as an activity associated with that property. The seller, who has access to the activity report via an online profile, only sees that a visit has taken place. If you make an offer, we store your offer and the seller’s response. If an offer or counter-offer is accepted, all statutory data necessary to draw up a sale agreement (compromise) are collected and stored (such as a copy or electronic reading of your identity card). The sale agreement is also stored. If you have shown strong interest in a property or have visited a property, and our mandate ends without a sale of the property, the seller receives, by registered letter, a list of all (serious) prospective buyers. This list contains your name, your email address and a partially obscured mobile number. We pass your data on to the seller on the basis of an overriding legitimate interest, namely due to mandatory contractual provisions in the sales mandate. This means that you cannot object to this. The following safeguards are taken in this context: the seller is prohibited from contacting you directly on the basis of that list; they are also prohibited from informing anyone that you are on that list, and from passing on that list; and after 6 months the seller is obliged to destroy the list, as well as any copy or scan they may have. Additionally, we may pass this list on to a real estate agent who takes over the sales mandate, or with whom we collaborate.
Except in the case mentioned above, processing takes place on the basis of your consent and our legitimate interest in serving you better. Your data are stored for a minimum of 2 years.
If you make a binding offer, sign a promise to purchase or a sale agreement, we must retain the personal data for at least 10 years for our contractual liability. As a standard, we keep your data for a period of 30 years, but after 10 years you may request that your data be deleted.
You have a right of access and an effective right to rectification of objectively incorrect data. To this end, you must provide us with proof of your identity, communicate the correct information to us, and, where necessary, sufficient evidence of this correct value. No personal data belonging to special categories (such as race, religion, sexual orientation, health) are stored unless you exceptionally and explicitly request this yourself.
Which personal data do we process from the landlord?
In the context of a rental mandate, we store all data necessary to perform the rental mandate, such as property data, your identity and contact details. We also store additional information that we learn regarding the property or other useful information to find a suitable tenant for your property. Please note that the GDPR prohibits processing personal data concerning race, religion, sexual orientation, health, so the “other useful information” we record can in no way relate to such matters.
Personal data are stored in order to be able to perform the rental mandate. In view of the statutory obligations in this respect and our contractual liability, the personal data are retained for at least 10 years. As a standard, we keep your data for a period of 30 years, but after 10 years you may request that your data be deleted.
If you entrust us with the task of drawing up an EPC (Energy Performance Certificate) or an electrical conformity certificate, the necessary personal data are forwarded to our partner. If a lease is concluded, those data necessary to draw up the lease are stored.
If you decide that your property will be published on one or more real estate portal sites, we only transmit property data to such portal site(s), i.e. no contact details or other personal data about you.
Which personal data do we process from the seller?
In the context of a sales mandate, we store all data necessary to perform the sales mandate, such as property data, your identity and contact details. We also store additional information that we learn regarding the property or other useful information to find a suitable buyer for your property. In view of the statutory obligations in this respect and our contractual liability, the personal data are retained for at least 10 years. As a standard, we keep your data for a period of 30 years, but after 10 years you may request that your data be deleted.
If you entrust us with the task of drawing up an EPC or an electrical conformity certificate, the necessary personal data are forwarded to our partner. If a sale agreement (compromise) is concluded, those data necessary to draw up the sale agreement are stored. If you decide that your property will be published on one or more real estate portal sites, we only transmit property data to such portal site(s), i.e. no contact details or other personal data about you.
See below for important information regarding your possible responsibilities as a seller.
Which personal data do we process from the occupant?
In the context of a sales or rental mandate, we store all data necessary to perform the mandate, namely your contact details. We retain these until the mandate has been completed. Thereafter, the data are deleted if you no longer have any relationship with our office.
Which personal data do we process from the prospect?
We distinguish between the prospect who approaches us and the prospect we actively approach. When you contact us voluntarily with a view to a potential rental or sales mandate, we store 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, namely the efficient handling of this non-binding contact. As a standard, we store the data you provide to us for 2 years.
It may also happen that we contact you, if we learn that you may be selling or renting out your home or wish to do so. Publicly disclosed contact details may, in accordance with the GDPR, be stored. 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 do not wish to be contacted by us any further, or only after a certain time (e.g. three months), we will record this — and not contact you further.
What if you fall into two categories of data subjects?
It may be that, over time, you fall within more than one category of data subjects. For example, a prospective buyer may later become a seller. In that case, your personal data are processed under both categories, possibly with multiple legal bases, and the longest retention period is applied.
What about data received from third parties, such as real estate portal sites?
Properties, both for rent and for sale, can be published on real estate portal sites. Real estate portal sites offer the possibility to create searches and to collect and store your contact details. With your consent, a portal site passes your contact details to us, as well as 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 include an invitation to give your consent to receive automatic messages about similar properties.
We can also automatically send you a selection of properties that are similar to the property for which you requested information, because many clients appreciate this. In such case, you can always unsubscribe with one click.
Historical data. Historical data are personal data that are in our database from before 25 May 2018, the date the GDPR came into force. For those persons 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 those personal data. For the other personal data that have been retained in our files either on the basis of consent or on the basis of legitimate interest, it is usually difficult or impossible to determine on which basis we are retaining such personal data. A company has two ways to deal with this. One approach is to send everyone in this file an email 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 given their consent are retained. A second approach is to consider the processing of personal data as a legitimate interest. In that case, at each contact the data subject has the option to object to the processing and it will be terminated. Each of these methods can be combined with a clean-up operation of old customer data.
We have opted for the first/second method of handling historical data. It goes without saying that you always have the right to request that these historical personal data be erased (in the absence of legal obligations and ongoing agreements).
Your responsibilities as a seller.
For various reasons, it is possible that the sales mandate you entrusted to us ends without the sale of your property. In that case, upon termination of our mandate you will receive the list of prospective buyers who visited your property or showed serious interest in it. This list contains personal data of these prospective buyers, namely their first and last names, email address and mobile phone number, the latter possibly partially obscured. As a private individual, you also have obligations under the GDPR in relation to that list, and you are the controller of this list. We grant you permission to store and consult the personal data on this list for 6 months after receipt. You are prohibited from communicating these personal data to anyone in any way or from sharing them with anyone. You are likewise prohibited from actively seeking any contact with these persons. After 6 months, you are required to destroy this list, as well as any copy, scan, or photograph of it.
Contact.
For questions or requests regarding the processing of your personal data, you can contact us. You can reach us at the following address:
habicom bvba
Antwerpsestraat 292
2640 Mortsel
hallo@habicom.be
Your rights as a data subject.
As a data subject, you have a number of rights regarding your personal data. You have a right of access to your personal data. This means you have the right to obtain access to the personal data we store about you. Note that we have one month to respond to this and that we may request proof of your identity before acting on your request. You also have a right to rectification. This means you have the right to have incorrect personal data corrected. In that case, we may ask you for proof of the accuracy of the data you provide. You further have a right to erasure. This means you can request that your personal data be erased. Please note, this is not always possible, in particular 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 cannot be used to terminate an ongoing agreement. You may also object to certain processing operations, in particular to processing that we carry out on the basis of our (non-overriding) legitimate interest. You may likewise withdraw your consent at any time for those processing operations for which you have given your consent. With respect to both the objection and the withdrawal of consent, we will cease processing unless there are other legal bases that still make the processing necessary. Finally, you always have the right to lodge a complaint with the Data Protection Authority (www.privacycommission.be).
Security.
Your personal data are treated confidentially. They are also appropriately secured according to the risk inherent in their processing and, where applicable, are stored and secured in accordance with specific statutory requirements.
Disclosure to third parties.
We only disclose your personal data 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.
Our website may contain links to social media platforms or other third-party services. We have no control over how these services operate and are therefore not responsible for them. Nor do we have any influence over their privacy policy and cookie policy. When you use your social media profile, the relevant social media provider processes your personal data in accordance with its policy. We recommend that you carefully review their policies on personal data.
Direct marketing.
“Direct Marketing” is understood to mean all direct communication between us and yourself that aims to inform you about products and services or to update your customer profile, and which does not fall under the emails sent in the context of personalised property searches. You can always object to the use of your personal data for direct marketing by clicking the unsubscribe button in such an email or by contacting us about this.
Changes to this privacy policy.
We strive to keep this privacy policy stable. Nevertheless, for various reasons it may exceptionally be necessary to amend this privacy policy. Therefore, please check this page regularly for changes.
Disclaimer of this privacy policy.
It is possible that certain functionality has not yet, or not yet fully, been implemented, or has been implemented differently from what is described here. We accept no liability for this. In any event, this has no impact on your rights granted by the GDPR, which you can exercise as from 25 May 2018.
