Valid from August 15, 2022.
Responsible party and rights as data subject
1. Responsible Entity
The entity responsible (Controller) for the data processing regulated by this Privacy Policy is "Unicorn Courtyard Lda” (hereinafter "us").
Our contact details are:
Unicorn Courtyard Lda. - AMI 22499
Rua António Champalimaud Lot EE3, 114
1600-546 Lisbon
email: aroeira@engelvoelkers.com
License Partner of Engel & Völkers Residential GmbH
2. Your rights as a data subject
You have the right to information about the processing of your personal data (for example, the origin of this data, the purpose of the processing and the data processing modalities). Additionally, under certain circumstances, you have the right to object to the further processing of your data, as well as the right to restrict the use or delete said data. Finally, you may at any time cancel the sending of advertising material or the execution of market studies or commercial communications.
In short, you have the right to:
- Information,
- Correction,
- Deletion (or omission request),
- Restriction of processing,
- Data portability,
- Objection to the processing of your personal data,
- Complaint to supervisory bodies.
Furthermore, you have the right at any time to object to the processing of your personal data for direct marketing purposes. If you object to processing for direct marketing purposes, (we) will stop processing your personal data for that purpose.
In compliance with Art. 7 III of the General Data Protection Regulation of the European Union (hereinafter "GDPR"), you may at any time revoke your initial consent towards us. Once consent is revoked, (we) will stop processing your data.
Please note that your right to delete your data is subject to certain restrictions. For example, we are not required or permitted to delete data, which we are required to keep for statutory retention periods. The data that we may have to confirm, execute or defend against legal claims are also excluded from your right to delete.
In the event of a complaint about the way in which we process your data, you may resort to a supervisory body, in particular in the Member State of your residence, place of work or place of the alleged violation.
(We) reserve the right to disclose information about you as required by law enforcement or other legal authorities. Legal basis: Art. 6 I paragraph 1, letter c, GDPR (legal obligation).
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General description of our data processing procedures
Our Privacy Policy is structured as follows and provides you with an overview of the following data processing procedures:
I. The data subject visits our company's website on the Internet
II. The data subject completes a search request; or a marketing contract with us, ask us for an exposé or commission us to carry out a property valuation
III. We are looking for a property for the data subject together with another license partner Engel & Völkers (Reference)
IV. The data subject applies on his own initiative or in response to a job advertisement
IN.Storage and deletion of the holder's data
I. Collection and processing of personal data, when the holder visits our company's website on the Internet
We only process personal data if these personal data are sent to us via the contact forms on our company websites. In this regard, personal data will only be processed once you have given your explicit consent to the processing of the data or if the processing is permitted by legal provisions. For certain services that we make available on our company's presence pages on the Internet, a minimum amount of data is required. Mandatory information is marked with an "asterisk". Without this mandatory information, it is not possible for us to provide our services.
1. What data do we process about you (hereinafter, data referring to the "owner" or "user")?
In the context of your use of our company's internet presence, we process the following personal data:
The e-mail address, first name, surname, title, address, telephone number and property data provided by the user, in the case of services made available on the presence of our company on the Internet, for example, in the context of contact requests and sending newsletters, as well as in determining the market price (Valuation), hereinafter referred to as "Data" or "Personal data".
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Please see the description of usage-related data processing in connection with the use of cookies and other tracking technologies in the "Cookies Policy" of:
Engel & Völkers GmbH
Vancouverstraße 2a
D-20457 Hamburg
Germany
Email: info@engelvoelkers.com
You can find the Cookies Policy at the bottom of the pages of our company's presence on the Internet.
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2. Purpose of processing and respective legal basis
(We) process your data for the following purposes:
● Fulfillment of contact requests (the legal basis is the fulfillment of the contract, as well as in the case of the transfer of user data to other license partners of the Engel & Völkers Group – for a definition, see section 3 below – your consent);
● If applicable, for the purpose of executing a property valuation request as described by the user, as well as the implied interest in the sale of the property as submitted by the valuation request (the legal basis is (a) the fulfillment of the contract, as well as (b) your consent in case we need to share your contact details with (i) a suitable license partner of the Engel & Völkers Group, based on specialization or geographic location – for a definition, see section 3 below – or (ii) the company technically implementing the valuation) and ( c) the legitimate interest in the marketing of our services or your consent, in the case of the use of your contact details for direct marketing);
● Telephone contact from us (the legal basis is the fulfillment of the contract or, in the case of using your telephone number for advertising purposes, your consent);
● Sending email newsletters containing our service offers, as well as own and third-party advertising to the extent permitted by law or based on the consent given (the legal basis is your consent or our legitimate interest in direct marketing, provided that such marketing is carried out in compliance with the legal requirements of data protection and competition)
In short:
The legal basis for processing personal data is Art. 6 I, paragraph 1, letter a GDPR, if the processing is based on consent, in Art. 6 I, paragraph 1, letter b GDPR, if the basis of the processing is a contractual (or possibly pre-contractual) relationship and Art. 6 I, paragraph 1, letter f GDPR, if the basis is our legitimate interest. If the processing of personal data is necessary for the fulfillment of an obligation to which we are subject, Art. 6 I, paragraph 1, letter c, GDPR serves as the legal basis.
If the legal basis is your consent, the holder has the right to revoke your consent at any time, without affecting the legality of the processing of your personal data carried out on the basis of consent until revocation. If the legal basis is legitimate interest, the holder generally has the right to object to the processing of personal data relating to him, at any time, for reasons arising from his particular situation. In this regard, Art. 21 of the GDPR.
3. Disclosure of your personal data
(We) will only pass on your personal data to third parties if this is necessary for the fulfillment of the contract, if these third parties or we have a legitimate interest in the transfer, if there is a legal obligation, or if the subject has given his consent. The status of data transfer to third parties based on legitimate interest will be explained in this Privacy Policy.
If the user's contact request concerns real estate offers from other Engel & Völkers Group companies, we will transfer the personal data entered by you in this case to the respective Engel & Völkers Group company, with your prior consent or – if legally permitted – on the basis of said legitimate interest. We will not pass on your personal data further.
When we refer to "Group Engel & Völkers" in this Privacy Policy, we mean the companies that belong to the Engel & Völkers group of companies in accordance with §§ 15ff. AktG (German Corporation Law) as well as the (main) license partners directly or indirectly contractually associated with this group of companies and to which we also belong.
4. Data transfer to countries outside the EEA
In addition to the provisions of the paragraph above "Disclosure of your personal data", the following applies:
Recipients of personal data may be located outside the EEA/UK. When personal data is transferred to locations outside the EEA/UK, we will ensure, as required by law, that your data protection rights are properly safeguarded, either because the European Commission has determined that the country to which the personal data is transferred ensures an adequate level of protection (Art. 45 GDPR) or because the transfer is subject to adequate safeguards (e.g. standard contractual clauses) as agreed by the European Union and the data recipient (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). Additionally, when necessary, we are willing to agree additional measures with recipients in order to ensure an adequate level of data protection. Examples of adequate safeguards (where taken as a basis) and a list of non-EEA/UK recipients will be available on request. Please note that these example safeguards may be crossed out to the extent necessary to protect trade secrets or other confidential information.
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II. You have completed a research request or marketing contract with us, requested an exposé from us, or commissioned us to perform a property valuation.
1. What data of yours will we process?
When looking to buy, sell or rent a property, request an exposé or evaluate a property, we usually process the following personal user data:
● First name, surname, title, address, telephone number, and in the case of a property search the details of the desired property, or in the case of marketing or valuation of a property, the details of the valued property;
●E-mail address – provided that the user has accepted to receive promotional information, in particular, the offer or evaluation of properties, or wishes to receive communication by e-mail;
● In case of purchase/sale or lease of real estate, bank details, identification data, copy of the ID document (in case of purchase/sale of property), as well as the land register, electricity, water and gas invoices, detailed general invoices, sharing declarations, WEG drafts (resolutions) and/or purchase agreement (in case of sale of property) or in case of lease, bank details, identification data, CV if applicable, proof of salary, proof of solvency, landlord confirmation and/or contract lease.
2. Purpose of processing and legal basis
(We) process your personal data for the following purposes:
● Fulfillment of the contractual relationship or pre-contractual legal relationship – also by independent real estate consultants cooperating with us – including billing and credibility assessment (the legal basis is Art. 6 I, letter b GDPR, as well as Art. 6 I, letter f GDPR; our legitimate interest in connection with the transfer of data to independent real estate consultants derives from the freedom of choice to also fulfill contractual relationships with independent intermediaries or sub-intermediaries. The legitimate interest in carrying out credit checks derives from the legitimate interest in protecting against the loss of receivables);
● Fulfillment of a legal obligation, in particular in connection with anti-money laundering legislation (legal basis is Art. 6 I, letter c GDPR);
● Promotional information about properties marketed by us or other license partners of the Engel & Völkers Group (legal basis is Art. 6 I, letter f, GDPR; we have a legitimate interest in the processing of personal data for direct advertising purposes. The legal basis is also your consent, in accordance with Art. 6 I a. GDPR, if promotional information is sent to you by email, fax or telephone).
If the legal basis is your consent, the data subject has the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent until revocation. If the legal basis is legitimate interest, the holder also generally has the right to object to the processing of his personal data, at any time, for reasons arising from his particular situation. In this regard, Art. 21 of the GDPR.
3. Disclosure of personal data
If the contact request made by the user (e.g. in the case of an evaluation request) concerns offers from other license partners of the Engel & Völkers Group, we will pass on the personal data provided by you to the respective company of the Engel & Völkers Group, with your prior consent.
For more information, see section III on references.
Additionally, we will pass on your personal data to contractual partners (landlords, landlords, demand customers) and support service providers, such as notaries, lawyers, property managers, and property developers, as part of the process of the contractual relationship, as well as in the context of credibility reports or to supervisory bodies (such as in documentation relating to money laundering). We may also pass on your personal data to third parties, to the extent permitted by law. The third parties to whom we may disclose your personal data, regardless of our performance, include external consultants (e.g. lawyers and auditors), public entities within their jurisdiction, to comply with legal obligations and/or protect our rights (e.g. tax authorities, police, public prosecutors, courts), potential buyers or acquirers of all or part of our assets and/or activities, and other third parties to whom we instruct us to disclose their data or who give us their consent to do so.
Apart from that, we will only share your personal data with company employees (permanent staff and independent real estate consultants) and with third-party companies (e.g. IT service providers, hosting providers, etc.) with whom we have outsourced services involving processing operations under a processing contract.
4. Transfer of personal data to countries outside the EEA
In addition to the provisions of the paragraph above "Disclosure of your personal data", the following applies:
Recipients of personal data may be located outside the EEA/UK. When personal data is transferred to locations outside the EEA/UK, we will ensure, as required by law, that your data protection rights are properly safeguarded, either because the European Commission has determined that the country to which the personal data is transferred ensures an adequate level of protection (Art. 45 GDPR) or because the transfer is subject to adequate safeguards (e.g. standard contractual clauses) as agreed by the European Union and the data recipient (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). Additionally, when necessary, we are willing to agree additional measures with recipients in order to ensure an adequate level of data protection. Examples of adequate safeguards (where taken as a basis) and a list of non-EEA/UK recipients will be available on request. Please note that these example safeguards may be crossed out to the extent necessary to protect trade secrets or other confidential information.
If the user's contact request refers to license partners of the Engel & Völkers Group outside the European Union, we will transfer your personal data to the respective local license partner, following your consent.
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III. We search for a property for the data subject together with another license partner Engel & Völkers (Reference).
If we are looking for a property for you in collaboration with another licensing partner, your data will only be transmitted based on your prior consent. Please note that both we, as the initial contact, and the license partner of the Engel & Völkers Group to which your data are provided, process your personal data. Both we and that license partner are independently responsible for the respective data processing. This other license partner and we do not have access to each other's data and we do not process your data jointly. If you want to assert your rights as a data subject, first check whether you want to do so against us or against the other license partner of the Engel & Völkers Group, which also processes your data.
Please see the information above on how we process your data in connection with the marketing of your property, what rights you have in this context and who your contact person is should you wish to assert your data subject rights.
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IV. The data subject applies on his own initiative or in response to a job advertisement
1. What data do we process from you?
If you apply via our website or a job advertisement, we will process your name, address, telephone/email and application details. The provision of your address and telephone/email, stipulated as mandatory information, is necessary for us to contact you about your application and proceed with the assignment of the application.
2. Purpose of processing and legal basis
If the legal basis is your consent, the data subject has the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent until revocation. If the legal basis is legitimate interest, the holder also generally has the right to object to the processing of his personal data, at any time, for reasons arising from his particular situation. In this regard, Art. 21 of the GDPR.
3. Disclosure of your data
We will only disclose your personal data to third parties if this is necessary for the fulfillment of the contract, if we or that third party have a legitimate interest in disclosure, if there is a legal obligation or if the data subject has given his consent. The transfer of personal data to third parties based on legitimate interest will be explained in this Privacy Policy.
4. Transfer of personal data to countries outside the EEA
In addition to the provisions of the paragraph above "Disclosure of your personal data", the following applies:
Recipients of personal data may be located outside the EEA/UK. When personal data is transferred to locations outside the EEA/UK, we will ensure, as required by law, that your data protection rights are properly safeguarded, either because the European Commission has determined that the country to which the personal data is transferred ensures an adequate level of protection (Art. 45 GDPR) or because the transfer is subject to adequate safeguards (e.g. standard contractual clauses) as agreed by the European Union and the data recipient (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). Additionally, when necessary, we are willing to agree additional measures with recipients in order to ensure an adequate level of data protection. Examples of adequate safeguards (where taken as a basis) and a list of non-EEA/UK recipients will be available on request. Please note that these example safeguards may be crossed out to the extent necessary to protect trade secrets or other confidential information.
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V. Storage and deletion of the subject's data
We store your personal data for as long as necessary to fulfill the purposes for which the data was collected, including any retention period required by law (e.g. keeping accounting records).
In the context of application processes that end without employment, your data is stored for six months for the purpose of documentation, after which it is erased or destroyed, which includes any additional documents that have been provided to us in connection with the application process.
In case you give us express consent to retain your data for future applications, the relevant data will be kept for a longer period of time.