1. Introduction
Preliminary remark.
We respect the privacy of our customers and visitors to our website. We therefore handle your personal data with care. Through this privacy policy, we wish to inform you of how we process your personal data when you use this website, as well as when you use our services.
An introduction to data protection.
Since 25 May 2018, a new European regulation has set out your rights regarding your personal data. The most important concepts in this new legislation (known as the GDPR) are data subjects, personal data and processing. The data subject is you, the individual visiting this website or using our services. Your personal data is any data relating to you: this may include your name and email address, but also the fact that you have contacted us via a contact form, or the contract you have entered into with us. What we do with your personal data is known as processing. This ranges from collecting and storing data to using it, as well as for various other purposes.
2. What personal data?
Why do we process your personal data?
We process your personal data in order to sell or let your property, to find a property that meets your requirements and needs from amongst the properties we let and sell, and to keep you informed about properties that may be of interest to you.
On what legal basis do we process your personal data?
Any use of your personal data must have a «lawful» legal basis. We process your data on the basis of our legitimate interests, your consent, the pre-contractual stage, the performance of a contract, and a legal obligation.
We are sometimes «legally obliged»
to request personal data.
For example, drawing up a preliminary sales agreement requires your national identity number.
For certain matters, such as sending newsletters by email, we ask for your consent. You may withdraw your consent at any time. This can be done easily by sending an email to info@comptoir-foncier.be.
We also retain data on the basis of our «legitimate interest». This legitimate interest encompasses what you would expect as a client: that we, as estate agents, process data in order to carry out our work properly. This includes, for example, compiling lists of prospective buyers or specific information that is relevant in the context of certain properties or clients.
Finally, we obviously need personal data – such as your contact details – in order to fulfil the contract between us and you.
What personal data do we hold about you?
The personal data we hold about you depends on your relationship with us. We refer to these as ‘categories of data subjects’.
| Relationship | Description |
| VISITOR | An individual who visits the website without identifying themselves and without providing any personal data. |
| FREE SERVICES | An individual who uses our free services (such as personalised searches, free property valuations and the contact form) without entering into a contract. |
| PROSPECTIVE TENANT | A prospective tenant who, in relation to a specific property or whilst searching for a rental property in general, provides us with detailed information and may visit one or more properties. |
| PROSPECTIVE BUYER | A prospective buyer who provides us with information regarding a specific property or in the context of a general search for a property, and who may visit one or more properties. |
| OWNER | The landlord, with whom a tenancy agreement is entered into. |
| SELLER | The seller, with whom a selling mandate has been entered into. |
| RESIDENT | The person living in a property, where that person is not the owner or the seller in the transaction. |
| PROSPECT | A natural person who contacts us or whom we contact with a view to the sale or letting of a property relating to that person. |
Below, we set out the different categories of customers, how we process your personal data, whether you can object to such processing, and what the consequences of doing so are. We then outline the rights you have in relation to us as a data subject.
What personal data do we process about visitors?
If you, as a visitor to our website, do not share any personal data, we will not store any personal data. Depending on your browser settings, cookies may be placed on your device. See the Cookie Policy.
What personal data do we process in connection with our free services?
Some of our services are completely free of charge. In such cases, we only process the data required for that service.
These services include: creating a profile, saving searches, requesting a free valuation of your property, filling in a contact form, and subscribing to a newsletter. When creating a profile, the following data may be requested: identification details and contact details. When saving a search, in addition to an email address, the information necessary or useful for compiling the requested search is recorded. A free valuation of your property requires a certain amount of work, and it is normal for us to retain various personal data, such as property details, identification details, contact details and the reason for requesting the valuation. Carrying out a free valuation implies authorisation to collect this data. Once a valuation has been carried out, we retain it, based on both your consent and a legitimate interest, as well as any potential liability arising from that valuation.
When you fill in a contact form, we record your contact details and your enquiry or comment, as well as any other correspondence. When you subscribe to a newsletter, your email address will be recorded.
Except as stated above, all processing is carried out on the basis of your consent.
We retain this personal data for as long as processing is ongoing and for up to 6 months or more after your last activity.
What personal data do we process relating to prospective tenants?
You are considered a prospective tenant as soon as you register with us for this purpose. The following processing operations may be carried out for a prospective tenant: a pre-screening process enables us to complete your tenant profile. This is by no means an automated decision. We collect this information to enable you to view properties that may meet your needs and to avoid viewing properties that do not correspond to your requirements at all. This personal data may include: your payslip or other information about your income, your family situation, when you wish to start renting, your budget, as well as all details regarding the property you are interested in. We also make a note when a property is viewed. When a tenancy agreement is concluded, all the data necessary for the conclusion of the tenancy agreement is collected and recorded.
We retain this personal data with a view to potentially entering into a tenancy agreement. The legal basis for the processing is therefore the pre-contractual stage. The retention period for personal data is at least 6 months, but depends on your level of activity as a prospective tenant, and may be extended reasonably to establish a long-term tenant profile. If, on the basis of your reduced activity as a prospective tenant, we decide to cease processing your data, you will be informed in advance. If you sign a tenancy agreement, we are required to retain your personal data for at least 10 years, in accordance with our contractual obligations.
You have the right to access and the right to have objectively incorrect data rectified. No specific personal data (such as race, religion, sexual orientation, health status, etc.) is retained unless you explicitly request it.
What personal data do we process relating to prospective buyers?
You are considered a prospective buyer as soon as you register with us for this purpose. We process the following personal data for prospective buyers: we record your name, email address and mobile phone number. We record your preferences and requirements regarding the property you are looking for, as well as any other information you provide us with regarding your circumstances or which we consider useful for finding a suitable property. If you view a property, we record this as an activity relating to that property. The seller, who has access to the activity report via an online profile, can see that a viewing has taken place. If you make an offer, we will retain your offer and the seller’s response. If an offer or counter-offer is accepted, all the legal data required to draw up a preliminary agreement may be collected and retained (such as a copy of your identity card). The preliminary agreement is also saved. If you have shown a genuine interest in a property or have viewed a property, and if we complete our assignment without selling the property, the seller will receive a list of all (genuine) prospective buyers by registered post. This list contains your name, your email address and a partially masked mobile phone number. We will pass on your contact details to the seller on the grounds of an overriding legitimate interest, in particular due to the contractual terms set out in the mandate. This means that you cannot object to being included on the list. The following precautions are taken in this context: the seller is prohibited from contacting you on the basis of this list; they are also prohibited from informing anyone that you are on this list, or from passing on the list. After six months, the seller is obliged to delete the list, along with any copies or scans in their possession.
Furthermore, we may pass this list on to an estate agent who takes over the mandate, or with whom we work.
Apart from what is stated above, your data is processed on the basis of your consent and our legitimate interest in being able to offer you a better service. Your data is retained for a minimum of 2 years. If you make a firm offer, sign a binding undertaking to purchase or a preliminary agreement, we must retain your personal data for at least 10 years to fulfil our contractual obligations. By default, we retain your data for a period of 30 years, but after 10 years, you may request that your data be erased.
You have the right to access and the right to have objectively incorrect data rectified. To this end, you must provide us with proof of your identity, the correct information and, where applicable, sufficient evidence of its accuracy. No special categories of personal data (such as race, religion, sexual orientation, health status, etc.) are stored unless you explicitly request this.
What personal data do we process about the owner?
As part of a letting mandate, we retain all data necessary for the performance of the letting mandate, such as details of the property, your identity and your contact details. We also retain additional information that we obtain regarding the property or other information that may be useful to a tenant of your property. Please note that the GDPR prohibits the processing of any personal data relating to race, religion, sexual orientation or health status; therefore, the other relevant information we record must under no circumstances relate to such data.
Personal data is retained in order to fulfil the tenancy agreement. Personal data is retained for at least 10 years, in accordance with the relevant legal obligations and our contractual liability. By default, we retain your data for a period of 30 years, but after 10 years, you may request that your data be deleted.
If you ask us to draw up a CPE or an electrical compliance certificate, the necessary personal data will be passed on to our partner. If a tenancy agreement is concluded, the data required to draw up the tenancy agreement will be retained.
If you decide to list your property on one or more property portals, we will only send the property details to that portal, and no other contact details or information about you.
What personal data do we process relating to the seller?
As part of a sales mandate, we retain all data necessary for the fulfilment of this mandate, such as details of the property, your identity and your contact details. We also retain any additional information we obtain regarding the property or other information that may be useful to a prospective buyer of your property. Personal data is retained for at least 10 years, in accordance with the relevant legal obligations and our contractual liability. By default, we retain your data for a period of 30 years, but after 10 years, you may request that your data be erased.
If you instruct us to obtain a CPE certificate or an electrical compliance certificate, the necessary personal data will be passed on to our partner. If a preliminary sale agreement is drawn up, the data required to prepare the agreement will be retained. If you decide to list your property on one or more property portal websites, we will only send the property details to that portal, and no other contact details or personal information about you.
See below for important information regarding your potential responsibilities as a seller.
What personal data do we process about residents?
As part of a sale or letting mandate, we retain all data necessary for the fulfilment of the mandate, including the resident’s contact details. We retain this data until the mandate ends. This data is then deleted unless you have any further dealings with our agency.
What personal data do we process about prospective customers?
We distinguish between prospects who contact us and those we contact. If you contact us regarding a potential mandate, we will retain your identity, your contact details, the information we obtain about your property, and any other information that enables us to assess your property and the context or reason for your enquiry. We do this on the basis of a legitimate interest, in particular to ensure the efficient handling of this non-binding enquiry. We retain the data you provide to us for a period of 2 years by default.
We may also contact you if we learn that you intend to put your property up for sale or to let. The contact details you provide may be stored in accordance with the GDPR. If you wish to have further contact with us, we will process your personal data in the same way as we do for people who contact us of their own accord. If you no longer wish to be contacted by us, or only after a certain period (e.g. three months), we will respect your request.
What if you belong to two categories of people at the same time?
Over time, you may fall into more than one category of data subject. For example, a prospective buyer may later become a seller. In this case, your personal data will be processed in accordance with both categories, possibly on the basis of several legal grounds. The longest retention period will apply.
What about data from third parties, such as portal sites?
Properties for sale and to let can be advertised on property portals. Property portals allow you to search for properties, save your favourites and store your contact details. With your permission, a property portal will provide us with your contact details and information about the property you are interested in.
You will immediately receive an email from us confirming that we have received your contact details and the details of the property you are interested in. This email may include an invitation to opt in to receive automatic notifications about similar properties.
We can also automatically send you a selection of properties similar to the one you’ve enquired about (many customers find this service useful). You can unsubscribe at any time with just one click.
Historical data.
Historical data refers to personal data held in our database prior to 25 May 2018, the date on which the GDPR came into force. For individuals with whom we have a mandate, or for whom we have a legal obligation to retain personal data, we will, of course, continue to retain this data. As for other personal data, which is held in our database either on the basis of consent or on the basis of our legitimate interest, it is generally difficult, if not impossible, to determine on what basis we are retaining this data. A company has two ways of managing this.
One option is to send an email to everyone listed in this file, asking them to renew or confirm their consent to the use of their personal data. In this case, only the personal data of those who have actually given their consent will be retained. A second approach is to treat the processing of personal data as a legitimate interest. In this case, the data subject has the right to object to the processing at any point; such an objection will bring the processing to an end. Each of these approaches can be combined with a process to cleanse the database of old customer data.
We have opted for the second method of processing historical data. It goes without saying that you are always entitled to request the erasure of this historical personal data (provided there are no legal obligations or ongoing contracts).
Your responsibilities as a seller.
There are several reasons why the sales contract you have entrusted to us may come to an end without your property being sold. In this case, at the end of our assignment, you will receive a list of prospective buyers who have viewed your property or who have expressed a serious interest. This list contains the personal data of these prospective buyers, in particular their first name and surname, email address and mobile phone number (which may be partially obscured).
Even as a private individual, you have obligations under the GDPR in relation to this list and are responsible for it. You are authorised to store and access the personal data on this list for 6 months after receipt. You are not permitted to disclose this personal data to anyone or in any way whatsoever, nor to share it with anyone, unless you contact an estate agent with whom you wish to work. You are also prohibited from actively seeking contact with these individuals. After 6 months, you are obliged to destroy this list, as well as any copies, scans and photographs in your possession.
Contact.
If you have any questions or enquiries regarding the processing of your personal data, please contact us at the following address:
COMPTOIR FONCIER SA
, 4, quai de la Batte
, 4500 Huy
,
info@comptoir-foncier.be
Your rights as a data subject.
As a data subject, you have a number of rights relating to your personal data. You have the right of access to your personal data. This means you have the right to access the personal data we hold about you. Please note that we have one month to respond to your request and that we may ask you to provide proof of your identity before responding to your request. You also have the right to rectification. This means you have the right to correct any inaccurate personal data. In this case, we may ask you to provide evidence of the accuracy of the data you supply. You also have the right to erasure. This means you can request the deletion of your personal data. Please note that this is not always possible, particularly if we are legally obliged to retain personal data, if you have entered into a contractual relationship with us, or in other exceptional circumstances. The right to erasure cannot be used to terminate an existing contract. You may also object to certain processing activities, in particular those we carry out on the basis of our legitimate (non-overriding) interests. You may also withdraw your consent at any time for processing operations for which you have given your consent. In the case of both objection and withdrawal of consent, we will cease processing if there are no other legal grounds requiring such processing. Finally, you always have the right to lodge a complaint with the Data Protection Authority (www.privacycommission.be).
Safety.
Your personal data will be treated confidentially. It is also protected in a manner appropriate to the risk involved in its processing and, where applicable, stored and secured in accordance with specific legal requirements.
Disclosure to third parties.
We will only pass on your personal data to third parties once we have obtained your consent, where required by law, or following a court or administrative decision, or as set out above in connection with the performance of the contract.
Social media and other third parties.
We have no control over social media and other third-party services used on our website, and therefore accept no liability. When you use your social media profile, the relevant social media provider processes your personal data in accordance with its own policy. We have no control over this policy. We encourage you to read their privacy policies carefully.
Direct Marketing.
«Direct Marketing» refers to any direct communication between us and you, which is intended to inform you about our products and services or to update your customer profile, and which does not consist of emails sent in connection with personalised searches that you have saved. You may at any time object to the use of your personal data for direct marketing purposes by contacting us for this purpose.
Changes to this privacy policy.
We endeavour to uphold this privacy policy. However, for various reasons, it may occasionally be necessary to amend its content. We therefore encourage you to check this page regularly.
Disclaimer regarding this privacy policy. It is possible that certain features may not yet have been fully implemented or may have been implemented differently from what is described here. We accept no liability for this. In any event, this does not affect the rights conferred upon you by the GDPR, which you may exercise from 25 May 2018.