Privacy Policy

Introduction

Thank you for visiting our website. We are pleased with your interest in our real estate agency.

You can count on us to provide quality services, in which the protection of your personal data is extremely important to us. We are committed to protecting your privacy and ensuring that you can safely entrust us with your personal data. We thus always handle personal data in a responsible and discrete way and appropriate measures have been taken to prevent loss, changes, unauthorised access and/or any other unlawful processing of your personal data.

We want to be transparent about how we (as data controller) process your personal data and what we do with these details. More information on that subject can be found in this privacy policy. This privacy policy applies to all devices, platforms or other online applications of Dewaele Vastgoedgroep that contain a reference or link to this privacy policy and irrespective of the fact whether or not you use a computer, mobile phone, tablet or other smart device to use our services.

Who are we?

Dewaele Vastgoeddiensten NV, having its registered office at 8870 Izegem, Ambachtenstraat 33, and registered with the Crossroads Bank for Enterprises under number 0679.481.139 (hereinafter called "Dewaele Vastgoedgroep", "we" or "us").

You can contact us through the following contact details:

Address: Ambachtenstraat 33, 8870 Izegem, België

E-mail: privacy@dewaele.com

We always process your personal data in accordance with the applicable legal provisions for the protection of personal data, including the Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter called the "GDPR"), and the applicable national implementing legislation.

Some terms explained

For the application of this privacy policy, ‘personal data’ means all information about an identified or identifiable natural person (‘the person concerned). Is considered as identifiable any natural person who can be directly or indirectly identified, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or one or more elements specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. In other words, it concerns all information on the basis of which a person can be identified. This includes, for example, your first name, first name, date of birth, telephone number and e-mail address, but also your IP address or photograph.

The term 'processing' is very broad and covers among other things the collection, recording, organization, storage, updating, modification, retrieval, consultation, use, distribution, combination, archiving and erasure of data.

'Applicants' are defined as any person who, through an application form on the website or through any other channel, has sent a request to Dewaele Vastgoedgroep to apply for a position within Dewaele Vastgoedgroep.

Person responsible for the processing of your personal data (“controller”)

Dewaele Vastgoeddiensten NV is responsible for the processing of your personal data.
We are, as the GDPR says, the “controller” of your personal data. In concrete terms, this means that we, possibly together with other parties, determine the purpose and the means for the processing of your personal data.

Please note that our website may refer to third party applications, services and websites (for example, the heading "Sharing personal data?"). For more information on how these third parties handle personal data, please refer to the (privacy) policies of these parties on their respective websites. However, we have no influence whatsoever on the content of those (privacy) policies and/or the data processing, nor on the content of their websites.

Which categories of the persons concerned does Dewaele Vastgoedgroep process the personal data of?

We process personal data of website visitors, clients, suppliers, applicants and other persons who are in touch with us (e.g. via our apps, by using our platform (in this case via Dewaele DIY).

When do we collect personal data?

We collect personal data, amongst other things, when you:

• Visit our website;

• Contact us by e-mail, phone or via the contact form on the website;

• Enrol for the newsletter;

• Follow us via social media channels;

• Enter into an agreement with us;

• File an estimate appraisal request;

• Save an automated search query;

• Register on “Mijn Dewaele”;

• Register on the platform via Dewaele DIY;

• Download a document on the website;

• Register a visit;

• File a letting request;

• Apply for a position via the application form on the website;

• Request an efficiency report;

• File a request concerning holiday rentals.

We do not intend to collect personal data of persons under the age of 16. These young people may not transmit personal data to us or provide a declaration of consent without the consent of the person who has parental responsibility.

Which personal data do we process, why, on what legal basis and for how long?

In the table below, you can read:

• Column 1: which categories of personal data we process;

• Column 2: why we do so (the 'purposes');

• Column 3: on what legal grounds the processing is based; and

• Column 4: how long we keep the personal data (the 'retention period').

We can process personal data that you provide directly to us, that we receive through third parties or that we obtain through your use of our services. Furthermore, we can track and use information about your behaviour and preferences through the website using specific tools, provided you have given your explicit consent.

Each processing activity of your personal data is effected for one or more specific purposes. We only process that personal data that is necessary in the scope of the intended purpose.

In addition, there is always a demonstrable legal basis for each processing operation. The applicable legal basis, which can be found in the third column 'legal basis', has the following meaning:

• 'Consent': you have given your consent for the processing of personal data for one or more specific purposes;

• 'Agreement': the processing is necessary for the execution of an agreement to which you are a party;

• 'Legitimate interest': the processing is necessary for the pursuit of our legitimate interests or those of a third party, except when your interests or fundamental rights and fundamental freedoms that require protection of personal data outweigh those interests;

• 'Legal obligation': the processing is necessary to comply with a legal obligation which is our responsibility as a controller. Please note that the legal obligations resting on us as controller may be subject to changes.

Your privacy rights

In order to give you more control over the processing of your personal data, you have many rights. These rights are set out, amongst other things, in Articles 15-22 of the GDPR.

You have the following rights:

• The right to inspect the personal data that we process about you (art. 15 GDPR):
  

You have the right to learn from us at any time whether or not we process your personal data. If we are processing these data, you have the right to access these personal data and receive additional information about:

1. The purposes of processing;

2. The categories of personal data concerned;

3. The recipients or categories of recipients (in particular, recipients in third countries);

4. The retention period or, if that is not possible, the criteria for determining that period;

5. The existence of your privacy rights;

6. The right to lodge a complaint with the supervisory authority;

7. The source of the personal data if we obtain personal data from a third party;

8. The existence of automated decision-making.

If we are unable to provide you with access to your personal data (e.g., due to legal obligations), we will inform you of the reason why this is not possible.

You can also obtain a free copy of the personal data processed in an understandable format. Please note that we may charge a reasonable fee to cover our administrative costs for each additional copy you request.

• The 'right to erasure / to be forgotten' (the right to ask us to erase your personal data) (art. 17 GDPR):

In certain cases, you can ask us to delete your personal data. In this case, however, please note that we will no longer be able to provide you with a service if you wish so. Please also note that your right of erasure is not absolute. We have the right to continue to save your personal data when this is necessary for, amongst other things, the execution of the agreement, the fulfilment of a legal obligation or the institution, exercise or substantiation of legal claims. We will inform you in more detail in our response to your request.

• The right to rectification and addition (art. 16 GDPR):

When your personal data are incorrect, aged or incomplete, you can request us to have these inaccuracies or deficiencies corrected.

• The right to portability of your personal data (art. 20 GDPR):

You also have the right, under specific conditions, to have the personal data that you have provided to us for the purpose of executing the agreement or for which you have given your consent transferred by us to another data controller. In as far as technically possible, we will transfer your personal data directly to the new controller.

• The right to restriction of processing (art. 18 GDPR):

If one of the following elements is applicable, you can request us to restrict the processing of your personal data:

1. You dispute the accuracy of these personal data (in this case, the use of these is limited for a period that allows us to verify the accuracy of the personal data);

2. The processing of your personal data is unlawful;

3. We no longer need your personal data for the original processing purposes, but you need them for instituting, exercising or substantiating a legal claim;

4. As long as no decision has been taken on the exercise of your right to object to the processing, you may request that the use of your personal data is restricted.

• The right to object (art. 21 GDPR):

Based on your particular situation, you can object to the processing of your personal data, if this processing comes under the scope of our legitimate interest or of the fulfilment of a task of general interest. In that case, we will cease processing your personal data, unless we can demonstrate compelling and legitimate grounds for the processing which outweigh your interests, or if the processing of the personal data is related to the institution, exercise or substantiation of a legal claim.

• The right not to be subject to automated individual decision-making (art. 22 GDPR):

You have the right not to be subject to a decision made solely on the basis of automated data processing which significantly affects you or has legal consequences and which is made without substantial human intervention.

There are three situations in which you cannot invoke this right:

1. If a law allows this (e.g. for the prevention of tax fraud);

2. If the decision-making rests on an explicit consent of the person concerned; or

3. If this is necessary for the conclusion or the execution of an agreement (Please note that we will always consider on a case-by-case basis whether less privacy invasive methods exist to enter into or execute the agreement.).

• The right to withdraw your consent (art. 7 GDPR):

When your personal data are processed on the basis of your consent, you can withdraw this consent at all times by means of a simple request.

Exercising your rights

In order to exercise these rights, you can contact us by e-mail on the following e-mail address: privacy@dewaele.com.

In order to be able to check your identity, we ask you to send a copy of the front side of your identity card.

You can exercise all these rights free of charge, unless your request is clearly unfounded or excessive (e.g. because of the repetitive character). In that case we have the right to charge you a reasonable compensation or to refuse to comply with your request.

Sharing personal data

1. Within Dewaele Vastgoedgroep

Dewaele Vastgoedgroep handles your personal data with the utmost care and only shares your personal data in order to offer you the best services in the implementation of its assignment.

Within our company, we make sure that your personal data are only accessible to persons who need these in order to fulfil the contractual and legal obligations. Please note: in the scope of the training of our trainees-real estate agents, your personal data may be included in our training tool. This means that your personal data might be visible to our trainees-real estate agents (and might also be used during the oral aptitude test with the BIV).

Dewaele Vastgoedgroep may send your personal data to other entities affiliated to Dewaele Vastgoedgroep which assist Dewaele Vastgoedgroep in the operation, the management and the control of its activities, including reporting, support and computer security or offering specific services and products.

2. Beyond Dewaele Vastgoedgroep

We will only share your personal data with third parties in accordance with the legal provisions, when you have given us your consent to do so or when it is necessary for providing our services.

In some cases Dewaele Vastgoedgroep is obliged by law to share your personal data with third parties, such as:

• Governments, bodies responsible for the inspection and supervisory authorities where there is a legal obligation to communicate/transmit information about you, such as the fiscal administration, the Data Protection Authority, etc.

• Judicial/investigative bodies such as police, prosecutors, courts, arbitration/conciliation bodies upon their explicit request

Dewaele Vastgoedgroep can also transmit your personal data to service providers in order to help with:

• The design and maintenance of computer equipment and internet applications (amongst other things, the Dewaele DIY platform);

• The commercialization of its activities, the organization of events and the management of client communication;

• Preparation of reports and statistics, printing of documents and design of products or services;

• Stewardship and syndic management;

• Payment facilities;

• Offering support on holiday rentals;

• Retrieving EPC certificates;

• Application asbestos certificate;

• Organization of your move (via "Mijn Verhuis / My move");

• Answering the estimate appraisal request.

By, for example, making an application for a holiday rental, you agree that we pass on your data to the service provider who supports us in this.

Furthermore, we note that with regard to the creation of a rental profile in order to plan a visit request, you are redirected to the website "mijnhuurprofiel.be" of Rentio NV. The personal data necessary to create a digital rental profile will be processed by Rentio NV in accordance with its privacy policy and are subsequently sent to us. If you want to know more about the way in which Rentio NV processes your personal data, please read the privacy policy of Rentio NV.

Provided that you consent, Dewaele Vastgoedgroep also transfers your personal data to online and social network providers which Dewaele Vastgoedgroep uses for offering advertising services. Likewise, your personal data may be communicated to court bailiffs or lawyers in the context of debt collection or litigation.

Where necessary Dewaele Vastgoedgroep will pass on the applicant's personal data to its social partners (e.g. the SD Worx social secretariat). This will be the case when the applicant is offered a position within Dewaele Vastgoedgroep. We also save the applicant's data (for the duration as mentioned in the table under title "What personal data do we process, why, on which legal basis and for how long?") on the mPleo-platform.

In the aforementioned cases, Dewaele Vastgoedgroep takes the necessary steps to ensure that these third parties only have limited access to the personal data they need in order to perform the specific tasks required. Furthermore, we verify whether or not these third parties use the personal data in a secure and confidential way, but we do not give any guarantees in this respect. Depending on our specific contractual relationship, we enter into the necessary agreements with these third parties.

Transfers to third countries

In principle we do not give your personal data to processors or data controllers in third countries and we save your personal data within the EEA.

In as far as such transfers might still be necessary, we will take the necessary measures to ensure that your personal data are protected to a high degree and that all transfers of personal data outside the EEA are legit. If a transfer is made to a country outside the EEA, for which the European Commission has not found that the country provides an adequate level of protection, the transfer will always be subject to an agreement that meets all requirements for transfers to third countries, such as appropriate guarantees and the approved standard data protection clauses adopted by the European Commission.

Security of your personal data

We have taken reasonable and appropriate technical and organizational security measures to protect your personal data as well as possible against accidental or intentional manipulation, loss, destruction or access by unauthorized persons. For example, we always keep your personal data in a secure place to prevent third parties from accessing your personal data.

Saving your personal data

We save your personal data for as long as these are necessary for the realization of the intended purpose (as indicated in the table above).

You should reckon with the fact that numerous (legal) retention periods mean that personal data (must) remain saved. To the extent that there is no retention requirement, data are erased on a routine basis after the purpose for which they were collected has been fulfilled.

In addition, we can save personal data if you have given us consent to do so (for example, if you subscribe to our newsletter) or if it is possible that we need these data in the scope of a legal claim. In the latter case, we need to use some personal data as evidence. To that purpose, we save certain personal data in accordance with the statutory limitation period, which can be up to thirty years; the usual limitation period in connection with personal legal claims is ten years.

Complaints?

We do our utmost to protect your personal data. If you have a complaint concerning the way in which we process your personal data, you can report this to us using our contact details as mentioned at the beginning of this privacy policy, so that we can address it as soon as possible.

You can also file a complaint with the data protection supervisory authority. The authority that oversees our organization is the Data Protection Authority, with the following contact details:

Website:

https://www.gegevensbeschermingsautoriteit.be

Contact information:

Gegevensbeschermingsautoriteit (Data Protection Authority)
Drukpersstraat 35, 1000 Brussel

• +32 (0)2 274 48 00
• +32 (0)2 274 48 35
• contact@apd-gba.be

Any more questions?

Feel free to contact us at any time by phone, e-mail or letter. We are looking forward to answering your questions.

Amendments

In order to meet feedback or to reflect changes in our processing activities, we may amend this privacy policy from time to time. We would like to invite you to check the latest version of this policy on our website.