Privacy Policy

 

Data Controller and rights of the data subject *

 

(*Note on gender: to improve readability, the simultaneous use of the linguistic forms masculine, feminine and different (m/f/d) is hereinafter renounced. All the following personal designations apply equally to all genders.)

 

1.    Data Controller

 

 The Data Controller governed by this privacy policy is the company “Finest Properties West Sicily srl” (hereinafter: “us” or “us”, or similar). Our contact details:

 

Trapani License Partner

 

2.     Rights of the data subject

 

The interested party has the right to obtain information on the processing of their personal data (for example, the origin of such data, the purpose of the processing, the methods of data processing). Furthermore, under certain conditions, they have the right to object to the processing of data for the future, to limit it or to request its deletion. Finally, it is possible to stop at any time the sending of advertising material or the performance of market research or commercial communications.

 

In summary, the interested party has the right

 

-       to information,

-       to rectification,

-       to erasure (right to be forgotten),

-       to the limitation of processing,

-       to data portability,

-      to object to the processing of your personal data,

-      to lodge a complaint with a supervisory authority.

 

Furthermore, the data subject has the right to object at any time to the processing of his or her personal data for direct marketing purposes. If the data subject objects to the processing for direct marketing purposes, we will no longer process his or her personal data for such purposes.

 

In accordance with Art. 7 III of the General Data Protection Regulation of the European Union (hereinafter “GDPR”), the data subject may revoke the consent given to us at any time. This means that we will no longer be able to continue processing the data based on this consent in the future.

 

Please note that the right to erasure is subject to restrictions. For example, we must not or cannot erase data that we still have to retain due to statutory retention periods. Data that we need to assert, exercise or defend legal claims is also excluded from the right to erasure.

 

If you have a complaint about how we process your data, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State where you reside, work or where the alleged infringement occurred.

 

We reserve the right, in the event of a legal obligation, to disclose information about you and if we are required to do so by the competent authorities or law enforcement agencies. Legal basis: Art. 6 I sentence 1 lit. c GDPR (legal obligation).

 

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Overview of our data processing procedures

 

Our data protection information is structured as follows and provides an overview of the following data processing procedures:

 

I.             The data subject visits us on our corporate website on the Internet

II.            The interested party concludes a research or marketing contract with us, requests a listing presentation from us or commissions a real estate appraisal

III.          We search for a property for the interested party together with another license partner of Engel & Völkers (referral)

IV.             The interested party applies on his or her own initiative or in response to a job advertisement

See               Storing and deleting your data

 

 

 

I.               Collection and processing of personal data when the data subject visits our company's website on the Internet

 

 

In principle, we only process personal data if they are sent to us via contact forms on our company website. Personal data is only processed if the data subject has given his or her consent to do so or if the processing is permitted by law. For some services that we offer on our company website, we require a minimum amount of data. We have marked this mandatory data with an “asterisk”. Without the mandatory data, we cannot provide our services marked in this way.

 

 

1.    What data of the data subject (hereinafter: “the data subject”) do we process?

 

In the context of the use of our company website, we process personal data, in particular:

 

Email address, first name, last name, title, address, telephone number, subject data – in the context of this data protection declaration referred to as “data” or “personal data”) provided by the data subject in the case of the services offered on our company website (e.g. in the context of contact requests and sending newsletters, as well as determining the market price (“valuation”) of real estate).    

 

__________________________________________________________________________________________

 

Please refer to the description of the processing of usage data in connection with the use of cookies and other tracking technologies in the “Cookie Information” of

 

Engel & Völkers GmbH

Vancouverstraße 2a

D-20457 Hamburg

Germany

Email: contact@engelvoelkers.com

 

Information about cookies can be found at the bottom of our company page on the Internet.

__________________________________________________________________________________________________________

 

2.     Purpose of processing and legal basis

 

We process the data of the data subject for the following purposes:

 

●    Satisfaction of contact requests (the legal basis is the fulfillment of the contract and, in the case of transfer of the data of the data subject to other license partners of the Engel & Völkers Group (for the definition, see section 3 below), the consent of the data subject);

●     If applicable, the fulfillment of the request for valuation of the property described by the data subject based on the market price, as well as the interest in selling thus transmitted (the legal basis is the fulfillment of the contract as well as - in the case of the entry of contact data by the data subject and their forwarding to a licensing partner of the Engel & Völkers Group responsible for the area or geography (for the definition, please see section 3 below) or to the company technically carrying out the valuation - the consent of the data subject as well as - in the case of the use of contact data for direct marketing - the justified interest in marketing our services or his/her consent);

●     Telephone contact from us (the legal basis is the fulfillment of the contract or, in the case of using the telephone number for advertising purposes, the consent of the data subject);

●     Sending an e-mail newsletter about our offers and our own and third-party advertising, to the extent permitted by law or on the basis of the consent of the data subject (the legal basis is the consent of the data subject or our legitimate interest in direct marketing, provided that the marketing is carried out in compliance with data protection requirements and competition law);

 

Summary:

 

The legal basis for the processing of personal data is Art. 6 I sentence 1 lit. a GDPR, if the processing is based on consent, Art. 6 I sentence 1 lit. b GDPR, if the basis for the processing is a contractual relationship (possibly pre-contractual) and Art. 6 I sentence 1 lit. f GDPR, if the basis is our legitimate interest. Insofar as the processing of personal data is necessary for the fulfillment of a legal obligation to which we are subject, Art. 6 I sentence 1 lit. c GDPR serves as the legal basis.

 

If the legal basis is the consent of the data subject, the latter has the right to withdraw his or her consent at any time without affecting the lawfulness of the processing of his or her personal data carried out on the basis of the consent until the withdrawal. If the legal basis is legitimate interest, the data subject also has the right to object at any time to the processing of personal data concerning him or her for reasons arising from his or her particular situation. In this respect, Art. 21 GDPR applies.

 

3.    Transmission of the data subject's personal data

 

We will only pass on your personal data to third parties if this is necessary for the performance of the contract, if we or the third party have a legitimate interest in passing on the data, if there is a legal obligation to do so or if you have given your consent. If data is passed on to third parties on the basis of a legitimate interest, this will be explained in this data protection provision.

 

If your contact request concerns offers from other companies of the Engel & Völkers Group, we will pass on the personal data entered by you to the respective company of the Engel & Völkers Group with your consent or - if legally permitted - on the basis of a so-called legitimate interest. Apart from that, we will not pass on your personal data for any other purposes.

 

When we refer to the “Engel & Völkers Group” in this privacy policy, we mean the companies belonging to the Engel & Völkers Group within the meaning of Sections 15 et seq. of the AktG (German Stock Corporation Act) and the licensing partners (masters) who are directly or indirectly contractually affiliated with this group of companies, of which we are also a part. For an up-to-date overview of these licensing partners, please see the following link: https://www.engelvoelkers.com/de/unternehmen/standorte/).

 

4.    Transmission of data to countries outside the EEA

 

In addition to the previous paragraph “Disclosure of personal data”, the following applies:

 

Recipients of personal data may be located outside the EEA/UK. Where we transfer personal data to locations outside the EEA/UK, we will ensure, as required by law, that your data protection rights are adequately protected, either because the European Commission has decided that the country to which the personal data is transferred ensures an adequate level of protection (Article 45 GDPR) or because the transfer is subject to appropriate safeguards (for example, EU standard contractual clauses) agreed with the recipient (Article 46 GDPR), unless the GDPR provides an exception (Article 49 GDPR). In addition, where necessary, we intend to agree additional measures with recipients to ensure an adequate level of data protection. You can request copies of the appropriate safeguards (where you rely on them) and a list of recipients outside the EEA/UK. Please note that these copies may be reduced to the extent necessary to protect trade secrets or other confidential information.

 

 

 

II.              The interested party enters into a research or marketing contract with us, requests a listing presentation from us or commissions us to evaluate a property

 

1.     The data of the data subject processed by us

 

When searching for, selling or renting a property, requesting a listing presentation or evaluating a property, we regularly process the following personal data of the data subject:

 

●      Name, surname, title, address, telephone number, information about the desired property (in the case of a property search) or (in the case of marketing or evaluating properties) information about the property;

 

●      Email address, if the interested party has agreed to receive promotional information, in particular the offer or evaluation of properties, or wishes to receive communications by email;

 

●      as well as (in the case of sale or rental of real estate) bank details, identity data, copy of the identity document (in the case of sale of real estate) as well as land registry, electricity, gas and/or oil bills, generic bills, division declarations, minutes (resolutions), sales contract (in the case of sale of real estate) or (in the case of rental of real estate) bank details, identity data, possibly curriculum vitae, proof of salary, proof of solvency, confirmation of the lessor, rental agreement.

 

2.     Purpose of processing and legal basis

 

We process this personal data for the following purposes:

 

●     Performance of the contractual relationship or a pre-contractual legal relationship - also by independent real estate consultants who work with us - including invoicing and credit assessment (the legal basis is Art. 6 I lit. b. GDPR and Art. 6 I lit. f GDPR; our legitimate interest in disclosing data to independent real estate consultants arises from the freedom of choice to also fulfill contractual relationships with independent brokers or sub-brokers. The legitimate interest in carrying out credit checks arises from the legitimate interest in protecting against bad debts);

 

●     Fulfillment of a legal obligation, in particular in relation to the Money Laundering Act; (the legal basis is Art. 6 I lit. c GDPR);

 

●     Promotional information on properties marketed by us or other authorized partners of the Engel & Völkers (legal basis is Art. 6 I lit. f GDPR; the processing of personal data for the purpose of direct advertising is in our legitimate interest. The legal basis is also your consent pursuant to Art. 6 I a. GDPR, if promotional information is sent to the data subject by e-mail, fax or telephone).

 

If the legal basis is your consent, you have the right to withdraw your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until the withdrawal. If the legal basis is legitimate interest, you also have the right to object at any time to the processing of personal data concerning you for reasons arising from your particular situation. Art. 21 GDPR applies in this respect.

 

3.     Transmission of data

 

If the request of the data subject (e.g. in the case of a request for evaluation) concerns offers from other partners of the Engel & Völkers Group, Engel & Völkers will transmit the personal data entered by the data subject to the respective company of the Engel & Völkers Group, subject to the consent of the data subject.

 

In this context, please also refer to our information on addition in section III. 

 

In addition, we transmit personal data to contractual partners (landlords, lessors, search clients) and support service providers such as notaries, lawyers, property managers, real estate developers in the context of processing a contractual relationship, as well as in the context of credit information or to supervisory authorities (e.g. for money laundering documentation). We may also transfer the data of the data subject to third parties to the extent permitted by law. Third parties to whom we may disclose your personal data, independently of our performance, include external advisors (e.g. lawyers and auditors), public authorities within their jurisdiction to comply with legal obligations and/or to protect our rights (e.g. tax authorities, police, prosecutors, courts), prospective purchasers or acquirers of all or part of our assets and/or business, and other third parties where you have instructed us to disclose the data or have given your consent.

In addition, we will only share your personal data with employees (permanent staff such as clerks and freelance real estate consultants) and third-party companies (e.g. IT service providers, hosting, etc.) to whom we have outsourced services involving processing operations under a contractual processing agreement.

 

4.    Transmission of data to countries outside the EEA

 

In addition to the previous paragraph on “Sharing personal data”, the following applies:

 

Recipients of personal data may be located outside the EEA/UK. Where we transfer personal data to locations outside the EEA/UK, we will ensure, as required by law, that your data protection rights are adequately protected, either because the European Commission has decided that the country to which the personal data is transferred ensures an adequate level of protection (Article 45 GDPR) or because the transfer is subject to appropriate safeguards (for example, EU standard contractual clauses) agreed with the recipient (Article 46 GDPR), unless the GDPR provides an exception (Article 49 GDPR). In addition, where necessary, we intend to agree additional measures with recipients to ensure an adequate level of data protection. You can request copies of the appropriate safeguards (where you rely on them) and a list of recipients outside the EEA/UK. Please note that these copies may be reduced to the extent necessary to protect trade secrets or other confidential information.

 

If the data subject's request concerns licensing partners of the Engel & Völkers Group outside the European Union, we will transfer the data of the data subject to the locally/factually competent licensing partner after obtaining the data subject's consent.

 

 

 

III.            We are looking for a property for the data subject together with another license partner of Engel & Völkers (“referral”).

 

If we search for a property for the interested party together with another licensing partner, the data of the interested party will only be passed on on the basis of the prior consent of the interested party. Note: Both we, as the initial contact, and the licensing partner of the Engel & Völkers Group to whom your data is provided, process the personal data of the interested party. Both of us - we and this licensing partner - are independently responsible for the respective data processing. We and this other licensing partner do not have access to the data of the other and do not process the data of the interested party jointly. If the interested party wishes to assert his rights, please check in advance whether he wishes to assert these rights against us or against the other partner of the Engel & Völkers Group that processes the data of the interested party.

 

Please refer to the information above on how we process the data subject's data in relation to the marketing of the data subject's property, what rights the data subject has in this context and who the persons to contact are in case the data subject wishes to assert his/her rights. 

 

 

 

IV.            The interested party applies on his/her own initiative or in response to a job advertisement

 

1.    The data of the interested party processed by us

 

If the data subject applies via our website or a job advertisement, we process the data subject's name and address, as well as telecommunications and application data. Providing the address and telecommunications data, which are advertised as mandatory data, is necessary to contact the data subject regarding his or her application and to be able to assign the application.

 

2.    Purpose of processing and legal basis

 

We process the personal data of the data subject for the following purposes:

 

● Processing of your application for an employment relationship within our company (the legal basis is Art. 6 I lit. b GDPR, if applicable in conjunction with Art. 26 BDSG (for the scope of application of the Federal Republic of Germany).

 

● Defense against any legal claims asserted against us as a result of the application process, to the extent that this is necessary (the legal basis is our legitimate interest in fulfilling the obligation to provide evidence in proceedings under the General Equal Treatment Act (AGG); Art. 6 I lit. f GDPR).

 

● In addition, we process personal data of the data subject on the basis of a previously given consent, in order to inform him/her about interesting job offers (the legal basis is Art. 6 I lit. a GDPR).

 

If the legal basis is the consent of the data subject, the latter has the right to withdraw his/her consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until the withdrawal. If the legal basis is legitimate interest, the data subject also has the right to object at any time to the processing of personal data concerning him/her for reasons arising from his/her particular situation. Art. 21 GDPR applies in this respect.

 

We need the personal data of the data subject to fulfill the processing purposes listed above. The data subject is free not to provide us with any personal data. In this case, we will not be able to allow the data subject to participate in the application process for vacant positions.

 

3.     Transmission of data

 

We will only transmit the personal data of the data subject to third parties if this is necessary for the fulfillment of the contract, if we or the third party have a legitimate interest in transmitting the data, if there is a legal obligation to do so or if the data subject has given his or her consent. If data is transferred to third parties on the basis of a legitimate interest, this will be explained in this data protection provision.

 

If the data subject has applied via the global online job portal of Engel & Völkers Holding GmbH, the application documents of the data subject have been transmitted to us by Engel & Völkers Holding GmbH. The data subject has learned how Engel & Völkers Holding GmbH processes his or her personal data during the application process and can view this data at any time via the global online job portal on the respective website of Engel & Völkers Holding GmbH.

 

4.    Transmission of data to countries outside the EEA

 

In addition to the paragraph above on “Sharing of Personal Data”, the following applies:

 

The recipients of your personal data may be located outside the EEA/UK.Where we transfer personal data to locations outside the EEA/UK, we will ensure, as required by law, that your data protection rights are adequately protected, either because the European Commission has decided that the country to which the personal data is transferred ensures an adequate level of protection (Article 45 GDPR) or because the transfer is subject to appropriate safeguards (for example, EU standard contractual clauses) agreed with the recipient (Article 46 GDPR), unless the GDPR provides an exception (Article 49 GDPR). In addition, where necessary, we intend to agree additional measures with recipients to ensure an adequate level of data protection. You can request copies of the appropriate safeguards (where you rely on them) and a list of recipients outside the EEA/UK. Please note that these copies may be reduced to the extent necessary to protect trade secrets or other confidential information.

 

 

IV.               Storage and deletion of your data

 

We retain the personal data of the data subject for the time necessary to achieve the purpose for which the data were collected and subsequently processed, including any retention period required by applicable law (for example, the retention of accounting records).

 

In the context of application procedures that end without hiring, the data subject's data will be regularly stored for a further six months for documentation purposes and then deleted or destroyed, together with the documents sent to us. With the consent of the data subject to data processing for future application procedures, we also store them for a proportionally longer period of time.