Private Policy

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PRIVACY POLICY OF THE REAL ESTATE INTERMEDIATION PROCESS

INTRODUCTION

An important piece of information to note initially:

The protection of personal data is one of the values of WESTMARK estate agency and WESTELAKEN IMOBILIÁRIA, UNIPESSOAL LDA. Compliance with the regulations regarding the protection of personal data in force is a priority objective for us.

The objective of this policy is to explain how we will treat the personal data that you provide us through the different forms and other personal data entry channels present in the real estate brokerage process.

INDEX

Responsible for the treatment
Types of interested parties and data
Purposes of the treatments
Legitimation of the treatment
Recipients of the data
Storage periods
Profiling
Exercise of rights
Confidentiality and security in data processing
International Transfers

RESPONSIBLE FOR THE TREATMENT

The person responsible for processing your personal data is our company:
Company name: WESTMARK estate agency – WESTELAKEN IMOBILIÁRIA, UNIPESSOAL LDA

Email: info@westmark.pt

Data Protection Officer:
Waltherus Reinier van de Westelaken, e-mail: wouter@westmark.pt

TYPES OF INTERESTED PARTIES AND DATA

This privacy policy refers to the treatments related to the following types of interested parties and data provided by the interested parties through the different forms, contracts and other personal data entry channels during the real estate brokerage process:

2.1. Property search engine:
Identification data.
Contact information.
Economic data.
Data about the data subject's environment.

2.2. Potential client owner:
Identification data.
Contact information.
Data about the data subject's environment.

2.3. Proprietary client / seeker participating in an operation:
Identification data.
Contact information.
Economic data.
Data about the data subject's environment.
Billing data.

PURPOSES OF THE TREATMENTS

Our company collects your personal data for the following purposes:

3.1. Property search engine/ Potential owner client:
Real estate brokerage.
Comply with the obligations contained in the contract, pre-contract or agreement.
Follow up on ongoing operations.
Report any eventuality that occurs within the framework of the provision of services offered.
Comply with legal obligations, such as regulations on money laundering or data protection, among others.
Sending commercial communications in case of having your consent for this purpose.
Contact you to know your opinion about the service offered.

3.2. Proprietary client / seeker participating in an operation:
Real estate brokerage.
Carry out procedures related to the purchase/lease process for you if you authorize it.
Comply with the obligations contained in the contract, pre-contract or agreement.
Follow up on ongoing operations.
Report any eventuality that occurs within the framework of the provision of services offered.
Billing for the services offered.
Sending commercial communications related to the contracted services.
Comply with legal obligations, such as regulations on money laundering or data protection, among others.
Sending commercial communications in case of having your consent for this purpose.
Contact you to know your opinion about the service offered.
Any other purpose will be communicated to you before proceeding with the processing of your data.

LEGITIMATION OF THE TREATMENT

The basis of legitimacy of the treatment of your data is the following:
4.1. Consent of the interested part:
If you give us your consent, we will carry out the treatments related to the scope of the consent and with the informed purposes.
On the other hand, we can also carry out other additional treatments in case you give us your consent for this purpose, such as sending commercial communications, for example.
At any time you can revoke your consent to receive commercial communications in each of the communications, by clicking on the link that we will include for this purpose, or by communicating your wish to revoke consent by email.
Likewise, and in case of having your authorization, we can carry out procedures on your own that will help you to speed up the process of buying or selling your property, such as the presentation of documentation before the notary or the communication of data between the parts involved in the sale.

4.2. Performance of a contract:
The law allows us to process your data in the event that this is necessary for the execution of pre-contractual or contractual measures, in order to carry out our services, and to fulfill the obligations established in said agreement.

4.3. Legal obligation:
It is possible that some process requires the processing of your data, such as billing, accounting processes, tax declaration, or the prevention of money laundering, for example, and we have to do it because the law requires it.
4.4. Legitimate interest:
We may carry out treatments aimed at improving the quality and personalizing the service in order to increase your level of satisfaction. For this we will need to collect your opinion, and analyze your habits and preferences.

RECIPIENTS OF THE DATA

Your data will not be sold, rented or made available to third parts. In certain cases, access to your data will be given to certain providers that provide services to our company, such as sending newsletters, storing data or web pages, but in no case will they process the data for their own purposes.
You can request the list of the categories of providers that may have access to your data due to the provision of a service to the address info@westmark.pt
We may communicate your data to third parties in the following cases:
To the clients who own the properties whose data have been provided by the company to the search clients.
To the clients who own the properties that have been visited by the search clients accompanied by the company.
To clients looking for real estate who have offered to perfect the projected real estate transaction.
To the notaries, the property registries or the agencies that intervene in the operations.

CONSERVATION PERIODS

Your data will be kept for the period strictly necessary to achieve the purposes of the treatment, without prejudice to its conservation for making it available to the competent authorities and to deal with claims.
In this case, the data will be kept blocked until the expiration of the limitation period, at which time they will be deleted.
In particular, it is reported that the company will keep for a period of ten years the documentation that formalizes compliance with the obligations established in Law 10/2010, of April 28th, on the prevention of money laundering and the financing of the terrorism, proceeding after it to its elimination.
After five years from the termination of the business relationship or the execution of the occasional operation, the documentation kept will only be accessible by the internal control bodies of the obliged subject, including the technical prevention units, and, where appropriate, those charged with their legal defense.
Likewise, it is reported that the company may keep your data duly anonymized for statistical or market study purposes, whenever possible, without prejudice to the due blocking to comply with any applicable legal obligation.

PREPARATION OF PROFILES

Any decision regarding primary treatment will be based on a manual process. We do not make automated decisions in relation to the real estate brokerage process and we do not create profiles either.
However, for some services, we may process your personal data using automated means. This means that certain decisions are made automatically without human intervention. For example, targeting you based on whether you are interested in certain sections of the Westmark website.
Likewise, we can create a profile by analyzing your behavior on the web, showing you products that may be of interest to you, based on the preferences you have shown by browsing, or information obtained through cookies.
The newsletters may be adapted and personalized according to the interests of the users, either based on the products and services requested, or based on the data that we can deduce or obtain from their browsing, interest in certain content, reaction to our communications, among others.
Said personalization is carried out in a partially automated way, in the sense that the company determines the personalization parameters, but the technological platform is the one that generates the user's profile.
We do not send general communications that are not segmented through the above procedure, since we consider that it is of interest, both for the company and for the user, to receive relevant information, and because not segmenting it would not alter the number of communications received, but just their content. In this sense, if any user does not wish to be segmented, please do not subscribe to these communications.

EXERCISE OF RIGHTS

Current regulations grant you the following rights:
Right of access: You will have the right to know the personal data that we process in relation to your person.

Right of rectification: You will have the right to be able to rectify or complete any data that is inaccurate or incomplete.

Right of deletion: You may request that your personal data be deleted from our systems and files.

Right of opposition: You may oppose the processing of your data in relation to direct marketing actions. As well as for personal reasons, unless the basis of the treatment is legitimate interest.

Right to limit treatment: You may request the limitation of treatment in the event that you challenge its accuracy or when it is illegal and you oppose the deletion of your personal data and request instead the limitation of its use. Also when the data is no longer necessary for the treatment, but you need it for the formulation, exercise or defense of claims. And finally, when you have opposed the treatment, while verifying whether the legitimate interest of the person in charge prevails over that of the interested party.

Right to the portability of your data: You will have the right to obtain a copy of all the data that you have provided us and when technically possible, you will have the right to request that your personal data be communicated to another data controller.

You can exercise these rights free of charge, as well as withdraw the consent given at any time, by contacting our company through any of the following means and attaching a copy of your ID or equivalent document that proves your identity:

By email to be sent to the address info@westmark.pt

CONFIDENTIALITY AND SECURITY IN DATA PROCESSING

The data received by our company will be treated with the utmost reserve and confidentiality. Our company has established all the technical and organizational means at its disposal to prevent the loss, misuse, alteration, unauthorized access or copying of the data provided.

INTERNATIONAL TRANSFERS

In the event that any of our service providers process personal data in a third country, our company will apply all the measures and controls at its disposal to protect your personal data.
The main measures that our company adopts when an international transfer of personal data is made are the signing of standard contractual clauses approved by the European Commission, adherence to international agreements, such as the Privacy Shield, and the request for approved certifications or codes of conduct and recognized.