PERSONAL DATA PROTECTION POLICY
1. PURPOSE
This personal data protection policy (hereinafter the "Policy") applies, without restriction or reservation, between the User and the Company in its capacity as Data Controller.
Its purpose is to provide information regarding the manner in which the Data Controller may collect and process the User's Personal Data, in accordance with current legislation and in particular European Regulation n°2016/679 and Law n°78-17 (hereinafter the "Legislation") within the framework of using the Site.
This Policy also specifies the rights that Users hold over their Personal Data pursuant to the Legislation.
2. DEFINITIONS
Words and groups of words used in the Policy and whose first letter is capitalized have the meaning given to them below, whether used in the singular or plural.
- "Personal Data": means any information relating to the User.
- "Partners": means any natural or legal person, including real estate sites/portals, real estate agencies, agency networks, craftsmen, notaries, trustees, insurance firms, and banks with whom the Company may collaborate in the course of its activity and who may receive communication of Personal Data.
- "Data Controller": means the Company, which alone or jointly with others, determines the purposes and means of the Processing.
- "Site": means the infrastructure including data of various natures, and notably texts, sounds, still or animated images, videos, databases, intended to be consulted by the User at Res Toison D Or NICE.
- "Company": means the company AP IMMOBILIER with a capital of 8000.000000, registered in the Trade and Companies Register under the number NICE 480 525 641 00035 and whose registered office is located at Res Toison D Or NICE, this company acting both for itself and for the member companies of its group as Data Controller.
- "Processor": means any natural or legal person, public authority, agency, or other body which processes Personal Data on behalf of the Data Controller.
- "Third Party": means any natural or legal person, public authority, or body other than the Company, its eventual Processors and Partners, and the persons who are under their direct authority, who are authorized to process Personal Data.
- "Processing": means any operation or set of operations performed or not using automated processes and applied to Personal Data or sets of Personal Data, such as collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of making available, alignment or interconnection, restriction, erasure or destruction.
- "User": means any natural person, whether they have an account or not, using the services or browsing the Company's Site as a client or a simple visitor of the Site, as long as they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural, or social identity.
3. PRINCIPLES RELATING TO PROCESSING
In accordance with the Legislation, the collection and processing of Client data comply with the following principles:
- Lawfulness, fairness and transparency: Personal Data can only be collected and processed with the consent of the Client, who is the sole owner of the Personal Data concerning them.
- At each new collection of Personal Data, the Client will be informed that their data is being collected and for what reasons it will be so;
- Purpose of processing: The collection and processing of data are carried out with the aim of meeting one or more pursued objectives;
- Minimization: Only the Personal Data necessary for the proper execution of the objectives pursued by the Company, in the interest of the Client, are collected;
- Data retention: Personal Data will be kept for a limited period of which the Client is informed.
- If this information cannot be provided to the Client at the time of collection, it will be provided to them later.
- The Company nonetheless undertakes to provide the Client with the criteria used to determine the retention period;
- Integrity and confidentiality of Personal Data: The Company undertakes to guarantee the integrity and confidentiality of the data collected.
The Client is informed, prior to any Processing other than the collection to which they have already consented, that in accordance with Article 6 of the GDPR, the collection and Processing of Personal Data may only take place if they respect one of the conditions listed below:
- The Client has expressly consented to the Processing;
- The Processing is necessary for the proper performance of a contract;
- The Processing meets a legal obligation;
- The Processing is explained by a necessity related to the safeguarding of the vital interests of the person;
- The Processing relates to a mission of public interest;
- The Processing and collection of Personal Data are necessary for the purposes of the legitimate and private interests pursued by the Data Controller.
4. PERSONAL DATA PROCESSED
The Company processes Personal Data of the User browsing, consulting and/or entering personal information on our Site in order to access our services and in particular:
- Identification data (name, surname, email address, phone number, message, information related to project characteristics and real estate properties, etc.);
- Financial data;
- Technical information (IP address, browsing data).
5. MODALITIES OF PERSONAL DATA COLLECTION AND PROCESSING
The User's Personal Data may be collected and processed by the Company on various occasions, and in particular when the User:
- Browses the Site and consults articles;
- Creates an account;
- Subscribes to newsletters or alerts offered by the Company;
- Writes a comment or a review on the Site;
- Shares a review with a friend by sending an email from a property listing;
- Shares a review through Facebook, Google +, Twitter, Linkedin, Instagram or Pinterest, or from any article page;
- Fills out an information entry or correspondence form on the Site.
6. PURPOSE AND RETENTION OF PERSONAL DATA
The Personal Data collected are necessary for the following processing operations:
| Purpose of Processing | Concerned Data | Legal Basis of Processing | Retention Period of Personal Data |
|---|---|---|---|
| Creation and management of client accounts | First name, last name, email address, postal address, phone number, date of account creation, date of account deletion, collection of consent, message, information related to project characteristics and real estate properties | User's consent | 3 years from the User's last connection to their client account OR immediately upon request for account deletion |
| Commercial prospecting | First name, last name, email address, postal address, phone number, information related to project characteristics and real estate properties, collection of consent | User's consent | 3 years from the last contact by the User |
| Management and follow-up of commercial relations | First name, last name, email address, phone number, message, information related to project characteristics and real estate properties, collection of consent | User's consent | 3 years from the last contact by the User |
| Securing and improving the Site | IP address, browsing data | Legitimate interest of the Data Controller to manage, secure and administer the Site, prevent and fight against fraud and malicious acts | 13 months |
| Site statistics, marketing studies | IP address, browsing data, collection of consent | User's consent | 6 months |
| Personalization of Site content, display of targeted advertising particularly on social networks. | IP address, browsing data, collection of consent | User's consent | 6 months |
| Management of requests to exercise rights over Personal Data | Email address, phone number, copy of identity document | User's consent | 3 years from the last contact by the User |
The Company reserves the right to anonymize data subject to Processing before deleting them.
7. RECIPIENTS OF PERSONAL DATA
The Company, its eventual Processors, and where applicable, the Company's Partners, are the sole recipients of the Personal Data, particularly in the context of the creation, updating, maintenance, and storage of databases, with a view to performing the Company's services and preventing and fighting against fraud.
The Company undertakes to require from its Processors and Partners sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the Processing meets legal and regulatory requirements and guarantees the protection of the User's rights.
The Company may also communicate to any Third Party Personal Data that is being processed when a legal obligation to do so exists, or if you expressly and beforehand consent to it, or when the Company considers in good faith that it is necessary to:
- Respond to any claim against it;
- Comply with judicial and/or administrative requirements;
- Enforce any contract to which the User is a party;
- Safeguard the vital interests of any natural person;
- The execution of a mission of public interest.
8. TRANSFER OF PERSONAL DATA OUTSIDE THE EUROPEAN UNION
All Personal Data are stored on secure servers located within the European Union.
No transfer of Personal Data outside the European Union will be carried out by the Company without the express and prior authorization of the User.
9. USER RIGHTS OVER PERSONAL DATA
The User benefits, according to the conditions and modalities and within the limits defined by the Legislation, from the following rights regarding Personal Data:
- Right of access: the User may obtain confirmation that Personal Data concerning them are processed or not by the Company and, when they are, access to said Personal Data, as well as certain information relating to the Processing of Personal Data and the characteristics of such Processing;
- Right to rectification: the User may request the correction of Personal Data that they consider incomplete or inaccurate;
- Right to erasure: the User may, in certain cases provided for by the Legislation, request the erasure of their Personal Data (except, for example, if they are necessary for the performance of contractual relations with the Company, or if they are necessary for the Company to comply with its legal or regulatory obligations or to establish or exercise its rights);
- Right to restriction of Processing: the User may request the restriction of the Processing of their Personal Data, and in certain cases request the marking of their Personal Data in order to limit any future Processing;
- Right to portability of Personal Data: the User may, in certain cases and under certain conditions provided for by the Legislation, request to receive the Personal Data concerning them or, where technically possible, that they be transferred to a third party, in a machine-readable form (it being specified that this right only applies to Processing based on the User's consent or on the execution of contractual relations, and provided that the Processing of Personal Data is carried out using automated processes);
- Right to withdraw consent: the User may withdraw their consent if the Processing is implemented on the basis of your consent, without such withdrawal affecting the lawfulness of the Processing based on consent carried out before its withdrawal;
- Right to define directives relating to the storage, erasure or communication of Personal Data after death: In this regard, in the event of death brought to the knowledge of the Company, please note that Personal Data will be deleted (unless retention is necessary for a specific period for reasons relating to our legal and regulatory obligations and/or statutory limitation and/or mandatory retention periods), after having been communicated, where applicable, to a third party possibly designated by the User;
- Right to object: the User may, in certain cases and under certain conditions provided for by the Legislation, benefit from a Right to object which allows them to oppose the Processing of their Personal Data for reasons related to your particular situation;
- Right to register on the telephone solicitation opposition list: the User has the right to register on the "Bloctel" telephone solicitation opposition list, in accordance with Article L 223-1 of the Consumer Code.
These rights are exercised by email at the following email address: contact@marchal-immobilier.fr or by using the online form on the Site.
Upon receipt of such a request, it will be responded to as soon as possible and in any event within a maximum period of one month from the receipt of the request.
If necessary, this period may be extended by two months, taking into account the complexity and the number of requests received, in which case the applicant will be informed.
In case of reasonable doubt as to the identity of the User, they may be asked to provide additional information necessary to confirm their identity and may be asked for this purpose, when the situation requires it, a photocopy of an identity document bearing their signature.
In such a case, the aforementioned response times will be suspended pending receipt of the additional information necessary to identify the User.
The request may be presented by the User or by a person specifically mandated for this purpose by the User, provided that this mandated person proves their identity and the identity of the principal, their mandate as well as the duration and precise purpose of the latter.
The mandate must also specify whether the agent may be the recipient of the response.
In the event of silence or refusal by the Company to grant the User's request, the latter could contest this decision if they consider that it infringes their rights by contacting the National Commission for Information Technology and Civil Liberties (CNIL).
The User is entitled to seize this Independent Administrative Authority through its website https://www.cnil.fr or directly by mail at the following address: 3 Place de Fontenoy, 75007 PARIS.
In the event that the integrity of the User's Personal Data is compromised in any way, the Company undertakes to inform the User by any means deemed useful and as soon as possible.
10. COOKIES
The Company uses cookies to recognize the User (client or not) during their connection to the Site.
They are anonymized and do not collect or store personal data.
A cookie is a small text file that is placed or stored on your terminal (computer, tablet or mobile device) when you visit a website.
The cookie allows a site to recognize you, help you navigate from page to page on a website, provide secure connections and remember your preferences during your next visits.
The User can deactivate the cookies stored on their terminal at any time.
To do this, they simply need to use the button provided for this purpose on the legal notices page or select the appropriate settings in their browser and consult the help menu of your browser.
However, this deactivation may result in preventing access to certain features of the Site allowing for the personalization of services offered by the Company.
Cookies are automatically deleted within thirteen (13) months from their installation if the User does not renew their consent before the expiration of this period.
The User may refuse to give their consent to the installation of non-functional cookies, withdraw their consent and/or set cookies at any time by using the Company's cookie manager below or by configuring their internet browser themselves.
The cookies used on the Site are as follows:
- Google Analytics;
- Facebook PixelCode;
- Jestimo;
- Stoneo: Online estimation, the user's data are sent to the service provider as part of the estimation (on booster only);
- KelQuartier.
11. SOCIAL NETWORKS
The Site uses social network plugins such as Facebook, Twitter, Linkedin, etc. (hereinafter "Social Networks").
For example, if the User is connected to Facebook while browsing the Site, Facebook will be able to directly link their visit to their Facebook user account even if the User has not used the share button.
If the User interacts by means of the plugins, for example by clicking on the "Like" button or by leaving a comment, the corresponding information will be transmitted and saved on a Facebook server.
They will be published on the User's Facebook account.
The Company does not manage the data collected by the Social Networks via the buttons.
The User must read the personal data protection policy published by the Social Networks concerned in order to know the modalities of processing and use of the data collected by them as well as the setting options they have to protect their privacy.
If the User does not want the Social Network to link the information collected through the Company to their Social Network user account, they must disconnect from the Social Network before visiting the Site.
12. SECURITY OF PROCESSING
The Company takes appropriate technical and organizational measures to ensure a level of security adapted to Personal Data and protect them against destruction, loss, alteration, misuse and unauthorized access, modification or disclosure, whether these actions are voluntary or accidental.
These technical and organizational measures aim to ensure the confidentiality, integrity, availability and resilience of the Site and the information systems where Personal Data are stored.
13. EVOLUTION OF THE POLICY
The Company reserves the right to occasionally modify this Policy.
In the event of a substantial modification of this Policy, the User will be informed of the new Policy.
The User is invited to regularly consult this Policy to be aware of any changes to it.
The User can send their questions about this Policy to the following email address: contact@marchal-immobilier.fr.
