Introduction to personal data protection. Since 25 May 2018, a new European regulation has defined your rights with regard to your personal data. The most important concepts in this new legislation (known as the GDPR) are data subjects, personal data and processing. The data subject is you, the natural person visiting this website or using our services. Your personal data is any data about you: this can be your name, your email address, or even the fact that you contacted us via a contact form, or the contract you have entered into with us. What we do with your personal data is called processing. This includes requesting it, storing it, using it, and various other actions.
Why do we process your personal data? We process your personal data in order to sell or rent your property, to find a property that matches your requirements and needs from the properties we rent and sell, as well as to allow you to stay up tp date regarding properties that may be of interest to you.
On what legal basis do we process your personal data? Any use of your personal data must have a legal, “lawful” basis. We process your data on the basis of our legitimate interest, your consent, the pre-contractual phase, the execution of an agreement, and legal obligations.
We sometimes have a “legal obligation” to request personal data.
For example, drawing up a provisional sales agreement requires your national identification number.
For certain matters, such as sending newsletters by email, we will request your consent. You may 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 retain data based on our “legitimate interest“. This legitimate interest covers the data that you, as a customer, can expect us to process as real estate agents to correctly carry out our work. This work includes, for example, creating purchaser candidate lists or compiling specific information of importance with regard to certain properties or customers.
Finally, we obviously need personal data to be able to execute the contract that binds us to you, such as your contact details.
What personal data do we store about you? The personal data we store about you depends on the relationship you have with us. We call these relationships data subject categories.
|VISITOR||A natural person who visits the website without making themselves known and without providing personal data.|
|FREE SERVICES||A natural person who uses our free services (such as personalised searches, free property assessments, contact form) without signing a contract.|
|PROSPECTIVE TENANT||A prospective tenant who, in the context of a specific property or while searching for a rental property in general, provides us with detailed information and possibly visits one or more properties.|
|PROSPECTIVE BUYER||A prospective buyer who provides us with information in the context of a specific property or while searching for a property in general, and possibly visits one or more properties.|
|OWNER||An owner with whom a property management contract has been signed.|
|SELLER||A seller with whom a mandate to sell has been signed.|
|RESIDENT||A person who resides in a property, where that person is not the owner or seller in the transaction.|
|PROSPECTIVE CUSTOMER||A natural person who contacts us or whom we contact with a view to the sale or rental of a property relating to that person.|
Below, we will discuss the different categories of customers, how we process your personal data, whether you can object to this processing, and what the consequences are. Then we will look at your rights as a data subject with respect to us.
What personal data do we process with regard to free services? Some of our services are completely free of charge. In this case, we only process the data required for the service in question.
These services include: creating a profile, saving searches, requesting a free property assessment, filling out a contact form, subscribing to a newsletter. When creating a profile, the following data may be requested: identification data and contact information. When saving a search, the information necessary or useful for the compilation of the requested query will be stored, in addition to an email address. A free assessment of your property requires a certain investment from us and it is normal that we may store some personal data, such as property data, identification data, contact details and the reason for requesting the assessment. The execution of a free assessment implies the authorisation to collect such data. Once an assessment has been completed, we will store the assessment, both on the basis of your consent and a legitimate interest, as well as any possible liability for that assessment.
When you fill out a contact form, we store your contact details and your question or comment, as well as any other communication. When you subscribe to a newsletter, your email address will be stored.
Except as indicated above, all processing takes place with your consent.
We store this personal data for as long as the processing is in progress, and up to 6 months or more after your last activity.
What personal data do we process with regard to prospective tenants? You are a prospective tenant as soon as you identify yourself to us as such. The following processing may be carried out for prospective tenants: pre-screening allows us to complete your tenant profile. This is by no means an automated decision. We collect this information to allow you to visit properties that may meet your needs and avoid properties that do not meet your needs. This personal data can include: your pay slip or other information about your income, your family situation, when you want to rent, your budget, as well as all the information about the desired property. We also note when a property is visited. When agreeing a lease, all the data required for the lease contract to be signed is collected and stored.
We will store this personal data for any possible leases. The legal basis of 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 prospective tenant, and may be reasonably renewed to establish a long-term tenant profile. If we decide to no longer process your data on the basis of your reduced activity as a prospective tenant, you can be informed in advance. If you sign a lease, we must store the personal data for at least 10 years, according to our contractual liability.
You have a right of access and an effective right to rectify incorrect data. No specific personal data is stored (such as race, religion, sexual orientation, health, etc.) unless you explicitly request it.
What personal data do we process with regard to prospective buyers? You are a prospective buyer as soon as you identify yourself to us as such. We process the following personal data for prospective buyers: your name, email address and mobile phone number. We store your wishes and needs regarding the property you are looking for, as well as any other information you provide us regarding your situation or that we feel would be useful in finding a suitable property. If you visit a property, we will take note of the visit as an activity related to that property. The seller, who has access to the activity report via an online profile, can see that a visit has taken place. If you make an offer, we will store your offer and the seller’s response. If an offer or counter-offer is accepted, all legal data required to establish an agreement can be collected and stored (such as a copy of your identity document). The agreement is also stored. If you have shown serious interest in a property or if you have visited a property, and if we finish our assignment 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 hidden mobile phone number. We will forward your details to the seller for a compelling legitimate interest, particularly in view of 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: it is forbidden for the seller to contact you on the basis of this list, inform anyone that you are on this list, or share this list. After 6 months, the seller is obliged to delete the list as well as any copies or scans in their possession.
In addition, we may forward this list to a real estate agent who takes over the mandate, or with whom we work.
Apart from the information 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 better services. Your data is stored for a minimum of 2 years. If you make a firm offer, sign a promise to purchase or an agreement, we must store your personal data for at least 10 years, according to our contractual liability. By default, we store your data for a period of 30 years, but after 10 years you can request the deletion of your data.
You have a right of access and an effective right to rectify incorrect data. To this end, you must provide us with proof of your identity, the correct information and, where applicable, sufficient proof of this corrected data. No specific personal data is stored (such as race, religion, sexual orientation, health, etc.) unless you explicitly request it.
What personal data do we process with regard to owners? Within the context of a property management contract, we store all the necessary data for the execution of that contract, such as the data regarding the property, your identity and your contact details. We also retain additional information we obtain about the property or other information that would be useful for a tenant to know. Please note that the GDPR prohibits the processing of any personal data relating to race, religion, sexual orientation or health, so that any other useful information we store may in no way relate to such data.
This personal data is stored in order to be able to execute the property management contract. Personal data is stored for at least 10 years, taking into account the legal obligations in this area and our contractual liability. By default, we store your data for a period of 30 years, but you can request the deletion of your data after 10 years.
If you entrust us with obtaining an EPC or electrical conformity certificate, the necessary personal data will be passed on to our partner. If a rental contract is signed, the necessary data for the creation of the lease will be stored.
If you decide to publish your property on one or more real estate portal websites, we will only send the details of the property to that portal website, and no other contact details or details about you will be sent.
What personal data do we process with regard to sellers? Within the context of a mandate to sell, we store all the necessary data for the execution of that mandate, such as the property data, your identity and your contact details. We also retain additional information we obtain about the property or other information that would be useful for a prospective buyer to know. Personal data is stored for at least 10 years, taking into account the legal obligations in this area and our contractual liability. By default, we store 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 conformity certificate, the necessary personal data will be passed on to our partner. If an agreement is reached, the data necessary to prepare the agreement will be stored. If you decide to publish your property on one or more real estate web portals, we will only send the details of the property to that web portal, and no other contact details or details about you will be sent.
See below for important information on your potential liabilities as a seller.
What personal data do we process with regard to residents? Within the context of a mandate to sell or property management contract, we store all the necessary data for the execution of the mandate or contract, including the resident’s contact details. We store them until the end of the mandate or contract. This data is then deleted if you have no other relationship with our agency.
What personal data do we process with regard to prospective customers? We make a distinction between prospective customers who contact us and prospective customers we contact. If you contact us for a possible mandate, we will stor your identity, your contact details, the information we obtain about your property, and any other information that enables us to evaluate your property and the context or reason for your contact. We do so on the basis of a legitimate interest, specifically the efficient handling of this no-obligation contact. We store the data you provide for 2 years by default.
We may also contact you if we learn that you are planning to put your property up for sale or rent. The contact information provided may be stored in accordance with the GDPR. If you wish to have further contact with us, we will process your personal data in the same way as we do for people who initiated contact with us. If you no longer wish to be contacted by us, or contacted only after a certain period of time (e.g. three months), we will take your request into account.
What if you belong to two categories at the same time? Over time, you may fall into more than one category. 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. The longest retention period will be used.
What about data from third parties, such as web portals? Properties for sale and rent can be published on web portals. Real estate web portals contain criteria for searching, collecting and storing your details. With your permission, web portals can give us 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 details and the information about the property you are interested in. This email may contain an invitation to consent to automatically receive messages about similar properties.
We can also automatically send you a series of properties similar to the property for which you have requested information (many customers appreciate this service). You can always unsubscribe with a single click.
Historical data. Historical data is personal data contained in our database prior to 25 May 2018, the effective date of the GDPR. For people with whom we have a mandate or for whom we are legally obliged to store personal data, we will of course store this data. For other personal data, which is kept 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 are storing such data. A company can deal with this in two ways.
The first solution is to send an email to any person included in this file asking for renewal or confirmation of consent to use their personal data. In this case, only the personal data of the people who have actually accepted will be stored. The second way is to consider the processing of personal data as a legitimate interest. In this case, the data subject has the opportunity to object to the processing with each contact; this objection will terminate the processing. Each of these ways of working can be combined with an operation to clean up old customer data.
We have 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. There are various reasons why the sales contract with which you have entrusted us may end without the sale of your property. In this case, at the end of our assignment you will receive the list of prospective buyers who have visited your property or who have shown serious interest. This list contains the personal data of these prospective buyers, specifically their first and last name, email address and mobile phone number (possibly partially hidden).
Even as an individual, you have obligations with regard to this list under the GDPR and are responsible for it. You are entitled to store and consult the personal data on this list for 6 months after receipt. You are not authorised to communicate this personal data to anyone in any way whatsoever, nor to 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 in your possession.
Contacts. If you have any questions or requests concerning the processing of your personal data, you can contact us at the following address:
Rue du Fond Cattelain, 1, bte 1
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 are storing about you. Please note that we have one month to respond to your request and that we 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 request proof of the accuracy of the data you provide. You also have the right to erasure. This means that you can request the deletion of your personal data. Please note that this is not always possible, especially if we are legally obliged to retain personal data, if you have entered into a contractual relationship with us, or in other exceptional situations. The right to data deletion cannot be used to terminate an existing contract. You may also object to certain processing operations, in particular to processing operations that we carry out on the basis of our justified (non-imperative) interest. You may also withdraw your consent to processing for which you have given your consent at any time. With regard to both objection and withdrawal of consent, we will stop processing your data if there are no other legal grounds for processing it. Finally, you always have the right to lodge a complaint with the Data Protection Authority (www.privacycommission.be).
Security. Your personal data will be processed in confidence. It shall also be adequately protected in accordance with 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 transfer your personal data to third parties once your consent has been obtained, on the basis of a legal obligation or a judicial or administrative decision, or as stated 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 disclaim all 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 read their personal data policy carefully.
Direct Marketing. “Direct Marketing” means any direct communication between us and you that is intended to inform you about our products and services or to update your customer profile, not including emails sent as part of personalised 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.
Publisher. The publisher responsible for this website is INRED SA Rue du Fond Cattelain 1 bte 1, 1435 Mont-Saint-Guibert email@example.com
Liability. This site contains properties that are offered for rent or sale. The description of the property and the display of the sale or rental price has been undertaken with the utmost care. However, both the technical description and the sale or rental price may contain factual errors or approximations. The listed sale or rental price and the technical description of the property are therefore provided for information purposes only and are not binding. The posting of a property for rent or for sale cannot therefore be considered as a firm offer on our part or on the part of the owner or seller. The seller or owner is only bound by a written agreement following a firm offer by you.
We strongly recommend that you visit a property before making a firm offer. Contact us by email or phone to arrange a visit. In order to enable you to subsequently make a firm offer, we have standard forms at your disposal.
Finally, the property may no longer be available at the time of consultation. We disclaim all responsibility in this regard.
This site may also contain information and advice concerning the acquisition or rental of a property. This information is the opinion of its author. While every care has been taken in the preparation of this information, factual errors or inaccuracies cannot be excluded. This information therefore does not give rise to any liability for us or the owners. In addition, we disclaim all liability for any decision you make based (in part) on this information.
This website may contain links to other websites. The content of these pages may be commercial or informative, and we accept no responsibility in this regard. We also have no influence on the social media platforms and other third party services that are used on our website and are therefore not responsible for them.
Intellectual property. Intellectual property rights apply to the content of this website, as governed by applicable law. The content of this website is specifically protected by copyright. It is therefore forbidden to copy or use texts, images, photographic material, video material, etc. without the written permission of the responsible publisher, apart from the exceptions provided for by law, which will be interpreted restrictively.
Applicable law. Belgian law applies to disputes relating to the use of this website.
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