Privacy Policy

Valid from 15 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 "Todos no mundo, Mediação Imobiliária, Lda" (hereinafter "we"). Our contact details are:

Todos no Mundo, Mediação Imobiliária, Lda

Av. da Boavista 1791,

4100-133 Porto

PortoFoz@engelvoelkers.com

License Partner of Engel & Völkers Porto

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 this data, the purpose of the processing and the methods of data processing). In addition, under certain circumstances, you have the right to object to the future processing of your data, as well as the right to restrict the use or erasure of said 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,

-        Elimination (or request for omission),

-        Restriction of processing,

-        Data portability,

-        Objection to the processing of your personal data,

-        Complaint to supervisory authorities.

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 no longer process your personal data for this purpose.

In accordance with Art. 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 Once your consent has been revoked, we will no longer process your data.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 have your data deleted is subject to certain restrictions. For example, we are not obliged or permitted to delete data that we are required to retain for statutory retention periods. Data that we may need to confirm, enforce or defend against legal claims are also excluded from your right to deletion.

In the event of a complaint about the way in which we process your data, 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 that is required of us 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 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 Internet website

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

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

IV.            The data subject applies on his/her 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's website

We only process personal data if you submit such personal data to us via the contact forms on our company's 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 data relating to 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".

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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

E-mail: info@engelvoelkers.com

You can find the Cookie Policy at the bottom of the pages of our company's Internet presence.

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2.         Purpose of processing and its 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 user 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 implicit 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 that technically implements the valuation) and (c) the legitimate interest in the marketing of our services or your consent, in 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 the 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. Art. 21 GDPR applies in this regard.

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 the third party or we have a legitimate interest in the transfer, if there is a legal obligation, or if the data subject has given his/her consent. The situation of 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 entered by you in this case to the respective company within the Engel & Völkers Group. Völkers, 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 within the meaning of §§ 15ff. AktG (German Stock Corporation Act) as well as the (main) license partners that 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 paragraph above “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 trade secrets or other confidential information.

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II.         You have completed a search request or a 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 searching to buy, sell or rent a property, requesting a property exposé or evaluating a property, we usually process the following personal data from 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 evaluating a property, the details of the property being evaluated;

●      Email address – provided that the user has agreed to receive promotional information, in particular, the offer or evaluation of properties, or wishes to receive communication by email;

●     In the case of purchase/sale or rental of real estate, bank details, identification data, copy of the ID document (in the case of purchase/sale of property), as well as the land registry, electricity, water and gas bills, detailed general invoices, sharing statements, WEG minutes (resolutions) and/or purchase agreement (in the case of sale of property) or in the case of rental, bank details, identification data, CV if applicable, proof of salary, proof of solvency, confirmation from the landlord and/or rental 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 billing and creditworthiness assessment (the legal basis is Art. 6 I lit. b GDPR and Art. 6 I lit. f GDPR; our legitimate interest in connection with 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). legitimate interest in carrying out credit checks arises 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 lit. c GDPR);

●      Promotional information about properties marketed by us or other licensing partners of the Engel & Völkers (the legal basis is Art. 6 I lit. f GDPR; we have a legitimate interest in processing your personal data for direct advertising purposes. The legal basis is also your consent in accordance with Art. 6 I lit. f GDPR if 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 carried out based on your consent up until the 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. Art. 21 GDPR applies in this regard.

3.         Disclosure of personal data

If the contact request made by you (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 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 outsourced 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:

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 trade secrets or other confidential information.

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.

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

If we are searching for a property for you together 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 are responsible for the processing of personal data. Völkers to which your data is provided, we 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 we do not jointly process your data. If you wish to assert your rights as a data subject, please first check whether you want to assert your rights against us or against the other licensing partner of the Engel & Völkers Group who 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 if you wish to assert your rights as a data subject. 

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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 data. Providing your address and telephone number/email address, which is stipulated as mandatory information, is necessary for us to contact you about your application and to process the application.

2.         Purpose of processing and legal basis

If the legal basis is consent, the data subject has the right to revoke consent at any time, without affecting the lawfulness of the processing carried out on the basis of 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 arising from his or her particular situation. In this respect, Art. 21 GDPR applies.

3.         Disclosure of your data

We will only disclose your personal data to third parties if it is necessary for the performance of the contract, if we or that third party has 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 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:

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 trade secrets or other confidential information.

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

We store your personal data for as long as necessary to fulfil 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 documentation purposes and is then deleted or destroyed, which includes any additional documents that have been provided to us in connection with the application process.

In the event that you give us express consent to retain your data for future applications, the relevant data will be kept for a longer period of time.