Privacy statement

1 Introduction

Preliminary remark. We respect the privacy of our clients and of visitors to our website. We therefore handle your personal data with care. Through this privacy policy, we wish to inform you of how we process your personal data when you use this site, as well as when you use our services.

Introduction to the protection of personal data. Since 25 May 2018, a new European regulation has determined your rights with regard to your personal data. The most important concepts of this new legislation (known as the GDPR) are data subjects, personal data and processing. The data subject is you, the natural person who visits this site or who uses our services. Your personal data is all the data that relates to you: this may be your name or your email address, but also 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 ranges from requesting and storing it to using it, and various other purposes.

2 What personal data?

Why do we process your personal data? We process your personal data in order to sell or let your property, to find a property matching your wishes and needs among the properties we let and sell, and to enable you to stay informed of 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; it must be "lawful". We process your data on the basis of our legitimate interest, your consent, the pre-contractual phase, the performance of an agreement, and legal obligation.

We sometimes have a «legal obligation» to request personal data.
For example, drawing up a preliminary sale agreement requires your national register number.

For certain matters, such as sending newsletters by email, we ask for 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 on the basis of our «legitimate interest». This legitimate interest covers what you, as a client, can expect us to process as estate agents in order to do our job properly. This concerns, for example, drawing up lists of prospective buyers or specific information that is important in the context of certain properties or certain clients.

Finally, we obviously need personal data in order to be able to perform 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 these the categories of data subjects.

VISITOR

The natural person who visits the site without identifying themselves and without providing any personal data.

FREE SERVICES

The natural person who uses our free services (such as personalised searches, the free valuation of a property, the contact form) without signing a contract.

PROSPECTIVE TENANT

The prospective tenant who, in connection with a specific property or with the search for a rental property in general, provides us with detailed information, and possibly visits one or more properties.

PROSPECTIVE BUYER

The prospective buyer who provides us with information in the context of a specific property or in the context of the search for a property in general, and possibly visits one or more properties.

OWNER

The owner with whom a letting mandate is concluded.

SELLER

The seller with whom a sales mandate is concluded.

RESIDENT

The person who lives in a property, where that person is not the owner or the seller in the transaction.

PROSPECT

The natural person who contacts us or whom we contact with a view to the sale or letting of a property relating to that person.

Below we discuss the various categories of clients, how we process your personal data, whether you can object to this processing, and what the consequences are. We then examine the rights you have with regard to us as a data subject.

What personal data do we process about the visitor? If you, as a visitor to our website, do not share any personal data, we will not keep any personal data. Depending on the 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 of charge. In this case, we process only the data required for that service.

These services include: creating a profile, saving searches, requesting a free valuation of your property, filling in 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 necessary or useful for compiling the requested search is recorded. A free valuation of your property requires a certain investment, and it is normal that we may keep various personal data, such as the property data, identification data, contact details and the reason for requesting the valuation. Carrying out a free valuation implies authorisation to collect these data. Once a valuation has been made, we keep that valuation, on the basis of both your consent and a legitimate interest, and of any liability for that valuation.

When you fill in a contact form, we record 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 recorded.

Except as indicated above, all processing takes place within the framework of your consent.

We keep these personal data for as long as the processing is ongoing and for up to 6 months or more after your last activity.

What personal data of the prospective tenant do we process? You are a prospective tenant as soon as you identify yourself to us for this purpose. The following processing operations are possible for a prospective tenant: 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 to avoid visiting properties that do not match your needs at all. These personal data may include: your payslip or other information about your income, your family situation, from when you wish to rent, your budget, as well as all information about the desired property. When a property is visited, we also note this. When a lease is concluded, all the data necessary for concluding the rental contract are collected and recorded.

We keep these personal data with a view to possibly concluding a lease. The legal basis for the processing is therefore the pre-contractual phase. The retention period for the personal data is at least 6 months, but depends on your level of activity as a prospective tenant, and may reasonably be renewed in order to build a long-term tenant profile. If, on the basis of your reduced activity as a prospective tenant, we decide to stop processing your data, you may be informed of this in advance. If you sign a lease, we must keep the personal data for at least 10 years, in view of our contractual liability.

You have a right of access and an effective right to rectification of objectively incorrect data. No special categories of personal data are kept (such as race, religion, sexual orientation, state of health…) unless you explicitly request it.

What personal data of the prospective buyer do we process? You are a prospective buyer as soon as you identify yourself to us for this purpose. We process the following personal data for a prospective buyer: 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 to 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 linked 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 draw up a preliminary sale agreement may be collected and kept (such as a copy of your identity card). The preliminary sale agreement is also saved. If you have shown serious interest in a property or have visited a property, and if we end our assignment without selling the property, the seller will receive a list of all (serious) potential buyers by registered post. This list contains your name, your email address and a partially masked mobile phone number. We will pass your contact details on to the seller on the grounds of a compelling legitimate interest, in particular because 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: the seller is prohibited from contacting you on the basis of this list, and is also prohibited from informing anyone that you are on this list, as well as from passing this list on. After 6 months, the seller is obliged to delete the list as well as any copy or scan in their possession.

In addition, we may pass this list on to an estate agent who takes over the mandate, or with whom we work.

Apart from what has been indicated above, the processing is carried out on the basis of your consent and of our legitimate interest in order to be able to offer you a better service. Your data are kept for a minimum of 2 years. If you make a firm offer, or sign a promise to purchase or a preliminary sale agreement, we must keep the personal data for at least 10 years for our contractual liability. By default, we keep your data for a period of 30 years, but after 10 years you may request the erasure of your data.

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, the correct information and, where applicable, sufficient proof of that correct value. No special categories of personal data are kept (such as race, religion, sexual orientation, state of health…) unless you explicitly request it.

What personal data of the owner do we process? In the context of a letting mandate, we keep all the data necessary for performing the letting mandate, such as the property data, your identity and your contact details. We also keep additional information that we obtain about the property or other information useful to a tenant for your property. Please note that the GDPR prohibits the processing of any personal data concerning race, religion, sexual orientation or state of health, so that the other useful information we record can in no way relate to such data.

The personal data are kept in order to be able to perform the letting mandate. The personal data are kept for at least 10 years, in view of the legal obligations in this area and of our contractual liability. By default, we keep your data for a period of 30 years, but after 10 years you may request the erasure of your data.

If you entrust us with obtaining an EPC (energy performance certificate) or an electrical compliance certificate, the necessary personal data will be passed on to our partner. If a rental contract is concluded, the data necessary for drawing up the lease will be kept.

If you decide to publish your property on one or more property portal sites, we will send only the details of the property to that portal site, and no other contact details or details concerning you.

What personal data of the seller do we process? In the context of a sales mandate, we keep all the data necessary for performing that mandate, such as the property data, your identity and your contact details. We also keep additional information that we obtain about the property or other information useful to a prospective buyer of your property. The personal data are kept for at least 10 years, in view of the legal obligations in this area and of our contractual liability. By default, we keep your data for a period of 30 years, but after 10 years you may request the erasure of your data.
If you entrust us with obtaining an EPC or electrical compliance certificate, the necessary personal data will be passed on to our partner. If a preliminary sale agreement is concluded, the data necessary for preparing it will be kept. If you decide to publish your property on one or more property portal sites, we will send only the details of the property to that portal site, and no other contact details or details concerning you.

See further below for important information on your possible responsibilities as a seller.

What personal data of the resident do we process? In the context of a sales or letting mandate, we keep all the data necessary for performing the mandate, including the resident's contact details. We keep them until the end of the mandate. These data are then deleted if you have no other relationship with our agency.

What personal data of the prospect do we process? We distinguish between the prospect who contacts us and the prospect whom we contact. If you contact us with a view to a possible mandate, we will keep your identity, your contact details, the information we obtain about your property and any other information enabling us to assess your property, as well as the context of or reason for your contact. We do so on the basis of a legitimate interest, in particular the efficient handling of this no-obligation contact. By default, we keep the data you give us for 2 years.

We may also contact you if we learn that you intend to put your property up for sale or for rent. The contact details 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 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 take your request into account.

What if you belong to two categories of people at the same time? Over time, you may belong to more than one category of data subjects. 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 apply.

What about data from third parties, such as portal sites? Properties for sale and for rent may be published on portal sites. Property portal sites contain search criteria and collect and store your contact details. With your permission, a portal site gives us your contact details and the 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 the information about the property you are interested in. This email may contain an invitation to consent to receiving automatic messages about similar properties.

We may also automatically send you a series of properties similar to the one about which you requested information (many clients appreciate this service). You can always unsubscribe with one click.

Historical data. Historical data are personal data contained in our database before 25 May 2018, the date on which the GDPR came into force. For the people with whom we have a mandate or for whom we have a legal obligation to keep personal data, we will of course keep these data. For other personal data, which are 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 keep these data. A company has two ways of dealing with this.

A first solution consists of sending everyone included in this file an email asking them to renew or confirm their consent to the use of personal data. In this case, only the personal data of those who have actually agreed will be kept. A second way consists of regarding the processing of personal data as a legitimate interest. In this case, the data subject has the opportunity to object to the processing at each contact; this objection will put an end to the processing. Each of these ways of working can be combined with a clean-up of old client 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 these historical personal data (in the absence of legal obligations and of contracts in progress).

Your responsibilities as a seller. For various reasons, the sales contract you have entrusted to us may end without your property being sold. 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, in particular their surname and first name, email address and mobile phone number (possibly partially masked).

Even as a private individual, you have obligations under the GDPR in relation to this list and you are its controller. You are authorised to save and consult the personal data on this list for 6 months after receipt. You are not authorised to communicate these personal data to anyone or in any way whatsoever, nor to share them with anyone, unless you contact an 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.

Contact. For any question or request concerning 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 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 keep about you. Please note that we have one month to respond to your request and that we may ask you 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 ask you for proof of the accuracy of the data you provide. You also have a right to erasure of data. This means that 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 keep personal data, if you have entered into a contractual relationship with us, or in other exceptional situations. The right to erasure of data cannot be used to terminate an existing contract. You may also object to certain processing, in particular processing that we carry out on the basis of our justified (non-compelling) interest. You may also withdraw your consent at any time for processing for which you have given your consent. With regard to both objection and withdrawal of consent, we will stop the processing if there are no other legal bases requiring processing. Finally, you always have the right to lodge a complaint with the Data Protection Authority (www.privacycommission.be).

Security. Your personal data will be treated confidentially. They are also appropriately protected according to the risk involved in their processing and, where applicable, stored and secured in accordance with specific legal requirements.

Transfer to third parties. We will pass your personal data on to third parties only once your consent has been obtained, on the basis of a legal obligation or of a judicial or administrative decision, or as indicated above in the context of the performance of the contract.

Social media and other third parties. We have no influence over the social media and other third-party services that are used on our website, and therefore accept no liability. When you use your social media profile, the social media provider concerned processes your personal data in accordance with its policy. We have no influence over 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 aims to inform you about our products and services or to update your client profile, and that is not an email sent in connection with personalised searches you have saved. You may always object to the use of your personal data for direct marketing by contacting us for this purpose.

Changes to this privacy policy. We endeavour to maintain this privacy policy. However, for various reasons, it may exceptionally be necessary to change its content. We therefore invite you to consult this page regularly.

Disclaimer for this privacy policy. Some features may not yet have been fully implemented or may have been implemented differently from what is described here. We accept no liability for this. In any event, this does not affect the rights conferred on you by the GDPR, which you can exercise from 25 May 2018.