Brief introduction to the legislation on the protection of personal data. As of 25 May 2018, legislation regulating your rights in relation to your personal data is in force. The main concepts 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 data that relates to you: it 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 communicated to us in a contact form. What we do with your personal data is process it. This ranges from requesting and storing to using them for multiple purposes.
Why do we process your personal data? We process your personal data to enable us to sell or rent your property, to find a match between your wishes and needs and the properties we offer for rent or 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 stage or the execution of a contract, and the legal obligation.
Sometimes we have a "legal obligation" to request personal data. For example, in order to draw up a sales compromise, we must have your national registration number.
For certain matters, such as sending newsletters by e-mail, we ask your permission. You can withdraw your consent at any time. This is easy, usually by clicking the 'unsubscribe' button found in each of these emails.
We also store data on the basis of our "legitimate interest". This "legitimate interest" includes those things that you as a client can expect us to need as a real estate agent in order to do our job properly. This concerns, for example, the drawing up of customer lists (about which more below) or specific information that is important in the context of certain properties or certain customers.
Finally, we naturally need personal data to be able to execute the agreement we have with you, such as identification data, address data and contact data.
What personal data do we keep from you? Which of your personal data we retain, depends on the relationship that you have with us.
We call these categories of contacts in our database.
|“VISITOR”||means the natural person who visits the website without identifying himself or herself and without giving us any personal data|
|FREE SERVICES||the natural person who uses our free services (such as saving searches, free property valuation, contact form) without signing a contract|
|CANDIDATE RENTER||the prospective tenant who, in the context of a specific property or in the context of a search for rental property in general, provides us with extensive information and possibly visits one or more properties|
|CANDIDATE BUYER||the prospective buyer who, in the context of a specific property or in the context of the search for an owner-occupied property in general, provides us with comprehensive information and possibly visits one or more properties|
the lessor with whom a letting agreement is signed
|SELLER||the seller with whom an order to sell is signed|
|INVESTOR||the person who occupies a property, whereby this occupant is not the lessor or seller in the transaction|
|PROSPECT||the natural person whom we contact or who contacts us with a view to the sale or rental of a property owned by this person|
Below, we will go over how we process your personal data for each category of customer, whether you can oppose this and what the consequences are. We will then go on to explain which rights you have as a data subject.
What personal data do we process with non-binding services? Some of our services are completely non-binding. In that case we only process the data that is necessary for this service.
These services include: creating a profile, saving searches, a free estimate of your property, filling out a contact form, subscribing to a newsletter. When creating a profile, the following data can be requested: identification data and contact data. When saving a search request, in addition to an e-mail address, the information that is necessary or useful for drawing up the search request is saved. A free estimate of your property requires a certain investment and it is normal that we may retain a variety of personal data, such as property details, identification details, contact details, the reason why you request the estimate. Obtaining a free estimate implies consent to the collection of this data. Once an estimate has been carried out, we will save this estimate, both based on your consent and a legitimate interest, as well as from possible liability arising from this estimate. When filling in a contact form, we save your contact details and your question or comment, as well as any further communication. When you subscribe to a newsletter, your e-mail address will be saved.
Except as indicated above, all processing is done within the framework of your consent.
We store this personal data for as long as the processing runs 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 registered with us. For a prospective tenant, the following processing is possible. A pre-screening allows us to establish your tenant profile. This is in no way an "automated decision". We collect this data in order to let you visit properties that may meet your requirements and not to let you visit properties that are in some way not a match for you. This personal information may include: your salary slip or information about your income, your family situation, 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 tenancy agreement, all details necessary to conclude the tenancy agreement are collected and saved.
We save this personal data with a view to possibly entering into a tenancy agreement. The legal basis for the processing is therefore the "pre-contractual phase". The storage period of the personal data is at least 6 months, further depends on your degree of activity as a prospective tenant, and can be extended within a reasonable framework, in order to draw up a long-term profile of you as a tenant. If, based on your reduced activity as a prospective tenant, it is decided to no longer process your data, you may be informed thereof in advance.
If you sign a tenancy agreement, we have to keep your personal data for at least 10 years for our contractual liability.
You have a right of inspection and an effective right to rectification of objectively incorrect data. No personal data that belong to special categories (such as race, religion, sexual orientation, health) will be kept, unless you explicitly request this.
What personal data do we process from the prospective buyer? You are a prospective buyer as soon as you have explicitly registered with us. For a prospective buyer, we process the following personal data. We keep your name, e-mail address and mobile phone number. We note your wishes and needs regarding the property you are looking for, as well as any other information you provide us regarding your situation or which we understand may be useful in finding a suitable property. If you visit a property, we will note this as an activity connected to the property. The seller, who has access to the activity report via an online profile, will only see that a visit has taken place. If you make an offer, we save your offer and the seller's reply. If an offer or counter-offer is accepted, all the legal data necessary to draw up a compromise (such as a copy or a reading of your identity card) are collected and kept. The compromise will also be kept. If you have shown a strong interest in a property or have visited a property and our assignment ends without the property being sold, the seller will receive a list of all (serious) candidate buyers by registered letter. This list contains your name, your e-mail address and a partly illegible mobile phone number. We pass on your data to the vendor due to an overriding legitimate interest, in particular due to binding contractual provisions in the sales contract. This means that you cannot oppose this. The following precautions are taken in this context: the vendor is prohibited from contacting you directly on the basis of this list; he is also prohibited from informing anyone else that you are on this list, as well as from passing it on; and after 6 months the vendor is obliged to destroy the list, as well as any copy or scan that he may have of it. It is also possible that we ourselves pass on this list to a real estate agent who takes over the sale assignment, or with whom we work.
Except in the case mentioned above, the processing is done on the basis of your consent and our legitimate interest in being of better service to you. Your data will be kept for a minimum of 2 years.
If you make a binding offer, sign a promise to purchase or compromise, we need to keep 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 ask for your data to 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, correct information and, if necessary, sufficient evidence of this correct value. No personal data that belong to special categories (such as race, religion, sexual orientation, health) are stored unless you explicitly request it.
What personal data do we process from the landlord? Within the framework of a rental order, we keep all the data necessary to carry out the rental order, such as property details, your identity and contact details. We also keep additional information that we learn about the property or other useful information to find a suitable tenant for your property. Please note that the GDPR prohibits the processing of personal data relating to race, religion, sexual orientation, health, so the "other useful information" we record can in no way relate to such matters.
Personal data is stored in order to carry out the rental assignment. In view of the legal obligations in this regard and our contractual liability, personal data is kept 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 drawing up an EPC, electrical conformity certificate, the necessary personal data will be forwarded to our partner. If a tenancy agreement is concluded, the data required to draw up the tenancy agreement will be kept.
If you decide that your property is to be published on one or more real estate portals, then we will only send the property details to this portal, so no contact details or other details about you.
What personal data do we process from the seller? Within the framework of a sales transaction, we save all the data necessary for the execution of the sales transaction, such as property details, your identity and contact details. We also save additional information that we learn about the property or other useful information to find a suitable buyer for your property. Personal data is kept for at least 10 years in view of the legal obligations in this respect and in view of 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.
If you entrust us with the task of drawing up an EPC or electrical compliance certificate, the necessary personal data will be forwarded to our partner. If a compromise is concluded, the data required to draw up the compromise will be kept. If you decide that your property is to be published on one or more real estate portals, then we will only send the property details to this portal, so no contact details or other details about you.
See below for important information regarding your possible responsibilities as a seller.
What personal data do we process from the occupant? Within the framework of a sales or rental assignment, we retain all the data necessary to carry out the assignment, namely your contact details. This data is retained until the order is completed. After that, the data is deleted if you no longer have a relationship with our office.
What personal data do we process from the prospect? We distinguish between the prospect who approaches us and the prospect who is actively approached. If you approach us without obligation with a view to a possible rental or sales assignment, we retain your identity, your contact details, the information we obtain about your property and other information that allows us to assess your property and the context or reason for your contact. We do this based on a legitimate interest, namely the efficient handling of this non-binding contact. We keep the data you provide us with for a period of 2 years.
It may also happen that we contact you, if we learn that you might offer or want to offer your property for sale or rent. Publicly made contact data can, in accordance with the GDPR, be stored. 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 data subjects? It is possible that you will belong to more than one category of people over time. 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 multiple legal bases, and the longest storage period will be used.
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 portals. Real estate portals include search facilities, as well as the possibility to collect and store your contact details. With your consent, a portal will send us your contact details and the property you are interested in.
We will immediately send you an email confirming that we have received your contact details and information about the property you are interested in. This e-mail may contain an invitation to give your permission to receive automatic messages from similar properties.
We may also automatically send you a series of properties that are similar to the property for which you requested information. Many customers appreciate this. In that 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, date of entry into force of the GDPR. For those individuals with whom we have a contract in place or for whom we have a legal obligation to retain personal data, we will of course continue to retain such personal data. For the remaining personal data, which has been kept in our files either on the basis of consent or on the basis of legitimate interest, it is usually difficult or impossible to ascertain the basis on which we keep this personal data. A company has two ways of dealing with this. A first way is to send everyone in the file an e-mail to ask them to renew or confirm their consent to the use of personal data. In that case, only the personal data of those who have actually consented are retained. A second way is to consider the processing of personal data as a legitimate interest. In this case, at each contact, the person concerned has the possibility 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 opted for the second method of dealing with historical data. It goes without saying that you always have the right to request that this historical personal data be deleted (in the absence of legal obligations and ongoing contracts).
Your responsibilities as a seller. It is possible, for several reasons, that the sales assignment you have entrusted to us ends without the sale of your property. In this case, after our mission has ended, you will receive a list of potential buyers who have visited your property or shown a serious interest in it. This list contains the personal data of these prospective buyers, in particular, surname and first name, e-mail address and mobile phone number, the latter possibly partially. As a private individual, you also have obligations under the GDPR in connection with this list and you are the data controller of this list. You are authorised by us to keep and consult the personal data on this list for 6 months after receipt. You are prohibited from communicating these personal data to anyone and in any way or sharing them with anyone, except with a real estate agent with whom you wish to deal. It is also forbidden to actively seek contact with these persons. After 6 months, you are obliged to destroy this list as well as every copy, scan and photo of it.
Contact us. For questions or requests regarding the processing of your personal data, please contact us. You can contact us at the following address:
Immo ID Espana
2812 MUIZEN (MECHELEN)
Your rights as data subject. As a data subject, you have a number of rights in connection with 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 hold about you. Please note that we have one month to respond and may ask you for proof of your identity before responding to your request. You also have a right to rectification. This means that you have the right to have inaccurate personal data corrected. In this case, we may ask you to provide proof of the accuracy of the data you provide. You also have a right of erasure. This means that you can request that your personal data be deleted. 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 a current contract. You can also object to certain processing operations, in particular those that we carry out on the basis of our (non-compulsory) legitimate interest. You may also withdraw your consent at any time with respect to the processing operations for which you have given your consent. With regard to both the objection and the withdrawal of consent, we will cease processing if there are no other legal bases that make processing necessary. Finally, you also have the right to lodge a complaint with the Data Protection Authority (www.privacycommission.be) at any time.
Security. Your personal data will be treated confidentially. They will also be secured in an appropriate manner according to the risk involved in their processing and, where applicable, stored and protected in accordance with specific legal requirements.
Transfer to third parties. We will only pass on your personal data to third parties with your permission, or on the basis of a legal obligation or a judicial or administrative decision or as discussed above in the context of the execution 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 on their privacy policies and cookie policies. When you use your social media profile, the relevant social media provider processes your personal data according to their policies. We encourage you to carefully review their policies regarding personal data.
Direct Marketing. Direct Marketing" means all direct communication between us and you which is intended to inform you about products and services or to update your customer profile, and does not include e-mails sent as part of personalised property searches. You can always object to the use of your personal data for direct marketing by pressing the unsubscribe button in such an e-mail or by contacting us about this.