Our Privacy Policy | Engel & Völkers Cascais

Engel & Völkers Cascais

Privacy Policy

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Privacy Policy

Valid from August 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 "SOPC4 – Atividades Imobiliárias, Lda." (hereinafter "we"). Our contact details are:

Engel & Völkers | Cascais & Estoril

Rua dos Coelhos, n.º 250 – Quinta da Marinha

2750-002 - Cascais

cascais@engelvoelkers.com

Licensing 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 (e.g. the origin of the data, the purpose of the processing and the methods of data processing). Furthermore, 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 to erase the data. Finally, you may at any time cancel the sending of advertising material or the execution of market research or commercial communications.

In short, you have the right to:

- Information;

- Correction;

- Deletion (or request for omission);

- Restriction of processing;

- Data portability;

- Objection to the processing of your personal data;

- Complaint to supervisory authorities.

In addition, you have the right to object to the processing of your personal data for direct marketing purposes at any time. If you object to processing for direct marketing purposes, we will no longer process your personal data for that purpose.

In accordance with Article 7 III of the General Data Protection Regulation of the European Union (hereinafter "GDPR"), you may revoke your initial consent to us at any time. Once your consent has been revoked, we will no longer process your data.

Please note that your right to erasure of your data is subject to certain restrictions. For example, we are not obliged or permitted to erase data that we are required to retain for statutory retention periods. Data that we may need to establish, enforce or defend against legal claims are also excluded from your right to erasure.

In the event of a complaint about the way in which your data is processed, you may lodge an appeal with a supervisory authority, in particular in the member state of your residence, place of work or place of the alleged infringement.

(We) reserve the right to disclose information about you if required by law enforcement agencies or other legal authorities. Legal basis: Art. 6 I para. 1 lit. c GDPR (legal obligation).

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Overview of 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 Internet website

II. The data subject completes a search request; or a marketing contract with us, requests a property survey from us or commissions us to carry out a property valuation

III. We search for a property for the data subject together with another Engel & Völkers licensing partner (Referral)

IV. The data subject applies on their own initiative or in response to a job advertisement

V. Storage and deletion of the data subject’s data

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I. Collection and processing of personal data when the data subject visits our company website

We only process personal data if such personal data is submitted to us via the contact forms on our company website. In this regard, personal data will only be processed if 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 offer on our company's website, a minimum amount of data is required. Mandatory information is marked with an "asterisk". Without this mandatory information, we cannot provide our services.

1. What data do we process about you (hereinafter referred to as the "data subject" 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 provided on our company's Internet presence, for example in the context of contact requests and sending newsletters as well as in a market price determination (valuation), hereinafter referred to as "Data" or "Personal Data".

2. Purpose of processing and respective legal basis

(We) process your data for the following purposes:

- Responding to contact requests (the legal basis is the fulfilment of the contract as well as in the case of the transfer of the user’s data to other licensing 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 fulfilment of the contract as well as (b) your consent in the event that we need to share your contact data with (i) a suitable licensing partner of the Engel & Völkers Group. Völkers, based on specialization or geographical location – for a definition, see section 3 below – or (ii) the company that technically implements the evaluation and (c) the legitimate interest in marketing 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 the use of your telephone number for advertising purposes, your consent);

- Sending e-mail newsletters containing our service offers as well as our own and third-party advertising to the extent permitted by law or on the basis of 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 legal data protection and competition requirements)

In short:

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

If the legal basis is your consent, you have the right to revoke your consent at any time, without affecting the lawfulness of the processing of your personal data carried out on the basis of your consent until its revocation. If the legal basis is legitimate interest, you generally have the right to object to the processing of personal data concerning you at any time on grounds relating to your particular situation. In this respect, Art. 21 GDPR applies.

3. Disclosure of your personal data

(We) will only pass on your personal data to third parties if this is necessary for the performance of the contract, if such third parties or we have a legitimate interest in the transfer, if there is a legal obligation, or if you have given your consent. The situation regarding the transfer of data to third parties based on legitimate interest is explained in this Privacy Policy.

If your contact request concerns real estate offers from other companies within the Engel & Völkers Group, we will transfer the personal data you enter in this case to the respective company within the Engel & Völkers Group with your prior consent or – if legally permitted – on the basis of a so-called legitimate interest. We will not pass on your personal data beyond this.

When we refer to the “Engel & Völkers Group” in this Privacy Policy, we mean the companies that belong to the Engel & Völkers group of companies in accordance with §§ 15ff. AktG (German Stock Corporation Act) as well as the (main) license partners who are directly or indirectly contractually associated with this group of companies and to which we also belong. An up-to-date overview of these license partners can be found here: https://www.engelvoelkers.com/en-de/company/locations/).

4. Transfer of data to countries outside the EEA

In addition to the provisions of the above paragraph "Disclosure of your personal data", the following applies:

The recipients of the personal data may be located outside the EEA/UK. Where personal data is transferred to locations outside the EEA/UK, we will ensure, as required by law, that your data protection rights are adequately 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 appropriate 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). In addition, where necessary, we are willing to agree additional measures with recipients in order to ensure an adequate level of data protection. Examples of appropriate safeguards (where relied upon) and a list of recipients outside the EEA/UK will be made available upon request. Please note that these examples of safeguards may be redacted to the extent necessary to protect business secrets or other confidential information.

II. You have completed a search request or marketing contract with us, requested a property exposé from us or commissioned us to carry out a property valuation.

1. What data will we process about you?

When searching to buy, sell or rent a property, requesting a property exposé or valuing a property, we usually process the following personal data about you:

- 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 valuing a property, the details of the property being valued;

- Email address – provided that you have agreed to receive promotional information, in particular the offer or valuation of properties, or wish to receive communication by email;

- In case of purchase/sale or lease of property, bank details, identification data, copy of ID document (in case of purchase/sale of property), as well as land registry, electricity, water and gas bills, detailed general invoices, sharing statements, WEG minutes (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, confirmation from the landlord and/or lease agreement.

2. Purpose of processing and legal basis

(We) process your personal data for the following purposes:

- Fulfilment of the contractual relationship or pre-contractual legal relationship – also by independent real estate consultants cooperating with us – including assessment of turnover and creditworthiness (the legal basis is Art. 6 I lit. b GDPR and Art. 6 I lit. f GDPR; our legitimate interest in the transfer of data to independent real estate consultants arises from the freedom to choose to also fulfil contractual relationships with independent brokers or sub-brokers. The legitimate interest in carrying out credit checks arises from the legitimate interest in protecting against the loss of receivables);

- Compliance with a legal obligation, in particular in connection with anti-money laundering legislation (the legal basis is Art. 6 I lit. c GDPR);

- Promotional information about properties marketed by us or other licensing partners of the Engel & Völkers Group (the legal basis is Art. 6 I lit. f GDPR; we have a legitimate interest in processing personal data for direct advertising purposes. The legal basis is also your consent in accordance with Art. 6 I lit. a GDPR if the promotional information is sent to you by e-mail, fax or telephone).

If the legal basis is your consent, you have the right to revoke your consent at any time, without affecting the lawfulness of the processing based on your consent up until its revocation. If the legal basis is legitimate interest, the data subject also generally has the right to object to the processing of his or her personal data at any time on grounds relating to his or her particular situation. In this respect, Art. 21 GDPR applies.

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 licensing 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 further information, please see Section III on Referrals.

In addition, we will pass on your personal data to contractual partners (owners, landlords, search clients) and support service providers, such as notaries, lawyers, property managers, and property developers, as part of the contractual relationship process, as well as in the context of credibility reports or to supervisory entities (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. Third parties to whom we may disclose your personal data, regardless of our role, 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 you instruct us to disclose your data or to whom you give us your consent to do so.

Apart from this, we will only share your personal data with the company’s employees (permanent staff and independent property consultants) and with third parties (e.g. IT service providers, hosting providers, etc.) with whom we have partnered services, involving processing operations under a processing agreement.

4. Transfer of personal data to countries outside the EEA

In addition to the provisions set out in the paragraph “Disclosure of your personal data” above, the following applies:

If your contact request concerns licensing partners of the Engel & Völkers Group outside the European Union, we will transfer your personal data to the respective local licensing partner, subject to your consent.

III. We search for a property for the data subject together with another Engel & Völkers licensing partner (Referral).

If we search 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 licensing partner of the Engel & Völkers Group to which your data is provided, process your personal data. Both we and this licensing partner are independently responsible for the respective data processing. This other licensing partner and we ourselves do not have access to each other's data and do not jointly process your data. If you wish to assert your rights as a data subject, please first make sure whether you wish to assert your rights against us or against the other licensing partner of the Engel & Völkers Group who also processes your data.

Please refer to 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 if you wish to assert your rights as a data subject.

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

1. What data do we process about you?

If you apply via our website or via a job advertisement, we will process your name, address, telephone number/email address and application details. Providing your address and telephone number/email address, which are mandatory information, is necessary for us to contact you about your application and to process your application.

2. Purpose of processing and legal basis

(We) process your personal data for the following purposes:

- To verify whether your application for employment within our company is valid (the legal basis is Art. 6 I GDPR, if applicable in conjunction with § 26 BDSG, within the scope of application of the Federal Republic of Germany).

- To defend against any legal claims brought against us based on the application process if necessary (the basis is our legitimate interest in fulfilling our obligation to provide evidence in the context of litigation under the General Equal Treatment Act (AGG); Art. 6 I lit. f GDPR).

- In addition, we process your personal data on the basis of your prior consent to inform you about potential job offers (the legal basis is Art. 6 I lit. a GDPR).

If the legal basis is If your consent is withdrawn, you have the right to revoke your consent at any time, without affecting the lawfulness of the processing carried out based on your consent until your revocation. If the legal basis is legitimate interest, you also generally have the right to object to the processing of your personal data at any time on grounds relating to your particular situation. In this respect, Art. 21 GDPR applies.

We need your personal data to fulfil the processing purposes listed above. You are free not to disclose any personal data to us. However, in this case you will not be able to participate in the application process for job vacancies.

3. Disclosure of your data

We will only disclose 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 the disclosure, if there is a legal obligation or if the data subject has given his/her consent. The transfer of personal data to third parties based on legitimate interest is explained in this Privacy Policy.

If you have applied via the global online job portal of Engel & Völkers Holding GmbH, your application documents will be transmitted to us by Engel & Völkers Holding GmbH. How Engel & Völkers Holding GmbH processes your personal data during the application process can be found at any time via the online job portal on the corresponding website of Engel & Völkers Holding GmbH.

4. Transfer of personal data to countries outside the EEA

In addition to the provisions of the above paragraph "Disclosure of your personal data", the following applies:

V. Storage and deletion of data subject

We store your personal data for as long as necessary to fulfil the purposes for which the data was collected, including any retention periods required by law (e.g. keeping accounting records).

In the context of application processes that end without obtaining a job, your data is stored for six months for documentation purposes and then deleted or destroyed, including any additional documents provided to us in connection with the application process.

In the event that you have given us express consent to retain your data for future job opportunities, the relevant data will be retained for a longer period of time.

Please see the description of the processing of usage-related data in connection with the use of cookies and other tracking technologies in the "Cookie Policy" of:

Engel & Völkers GmbH

Vancouverstraße 2a

D-20457 Hamburg

Germany

Email: info@engelvoelkers.com