PERSONAL DATA PROTECTION POLICY

1. PURPOSE

The purpose of this privacy policy is to inform you about how MPP, located at 1, Place Jean AICARD 09130 LE FOSSAT, processes your personal data in the context of its real estate activities (sales, valuations, etc.).

All personal data processing carried out in connection with the Products and Services available complies with the applicable regulations on personal data protection, in particular the provisions of the amended French Data Protection Act of 6 January 1978 and the General Data Protection Regulation (EU Regulation 2016/679) (‘GDPR’).

This Policy also specifies the rights that Users have over their Personal Data in accordance with the Legislation.

2. DEFINITIONS

‘Personal Data’ or ‘Personal Information’ refers to any information relating to an identified or identifiable natural person.

‘Data Subject(s)’ means a natural person who 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 the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

‘Partners’ means any natural or legal person, including, but not limited to, real estate websites and portals, estate agents, agency networks, tradespeople, solicitors, property managers, insurance firms and banking institutions with which the Company may enter into a relationship, on an ad hoc or ongoing basis, in the course of its business, and to which Personal Data* may, where applicable, be transmitted.

‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, communication by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

‘Data controller’ means the legal or natural person who, alone or jointly with others, determines the purposes and means of the processing.

‘Site’ means the infrastructure comprising data of various kinds, including text, sound, still or moving images, videos and databases, intended to be consulted by the User at 1, Place Jean AICARD 09130 LE FOSSAT and/or accessible at the address: https://occitanieproperties.com

‘Company’ refers to the company MPP with a capital of €50,000.00, registered in the Trade and Companies Register under number 450 241 088 FOIX and whose registered office is located at 1, Place Jean AICARD 09130 LE FOSSAT

‘Subcontractor’ refers to the legal or natural person who processes Data on behalf of another organisation (‘the Data Controller’) as part of a Service or provision.

‘Third Party’ refers to any natural or legal person, public authority, or other organisation other than the Company, its Subcontractors and Partners, and persons under their direct authority, who are authorised to process Personal Data.

‘User’ refers to any natural person, whether or not they have an account, who uses the services or browses the Company's Website as a customer or simply as a visitor to the Website, provided that 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. DATA CONTROLLER

The data controller is: MPP – ANNEKE DE GIER – 1, Place Jean AICARD 09130 LE FOSSAT – 05 61 69 36 81 – info@occitanieproperties.com – 450 241 088 FOIX

4 – MEANS OF COLLECTING PERSONAL DATA

Data subjects may provide MPP – OCCITANIE PROPERTIES their Personal Data by various means, including on the Websites when browsing the internet and through the Products or Services, by filling in various collection forms, when subscribing to a newsletter, when creating an account, when submitting an application, when making contact or when transmitting Personal Data in other circumstances:

From the User, via our forms, by telephone or by email
Browsing the Website and consulting the blog;
Creating an account;
Subscribing to newsletters or alerts;
Writing a comment or review on the Website;
Sharing a review with a friend by sending an email from a property listing;
Shares a review via Facebook, Google+, Twitter, LinkedIn, Instagram or from an article page;
Fills in an information or correspondence form on the Website.
Via other sources such as business introducers, etc.

5. PRINCIPLES RELATING TO PROCESSING

In accordance with the Legislation, the collection and processing of Customer data complies with the following principles:

Personal Data is processed in a lawful, fair and transparent manner (lawfulness, fairness, transparency);
Personal Data is collected for specific, explicit and legitimate purposes and is not further processed in a manner incompatible with those purposes (purpose limitation);
Personal Data is kept adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed (data minimisation);
Data retention: Personal Data will be retained for a limited period of time, of which the Customer will be informed. If this information cannot be provided to the Customer at the time of collection, it will be provided at a later date. However, the Company undertakes to provide the Customer 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 Customer is informed, prior to any Processing other than the collection for which they have already given their consent, that in accordance with Article 6 of the GDPR, the collection and Processing of Personal Data may only take place if it complies with one of the conditions listed below:

The Customer 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 and collection of Personal Data is necessary for the purposes of the legitimate and private interests pursued by the Data Controller.

6. WHAT CATEGORIES OF DATA DO WE PROCESS – WHY? – RETENTION PERIOD

Below, we detail the personal data we process according to the purposes we pursue and how we collect it. We only process the following data when it is relevant and strictly necessary for processing.

User consent

Create and manage your customer account

Identification data: surname, first name, email address, postal address, telephone number, date and place of birth, nationality, identity document, marriage certificate – KBis if a company, information about your property project.
Retention: 3 years after your last login or immediate deletion if you request it.

Data relating to the property

Identification data: location, characteristics, technical diagnostics, certificate of sale or title deeds, copies of property taxes, videos and photos of the property, etc. But also, in the context of the conclusion of preliminary sales contracts and final deeds, legally required supporting documents (such as location plan, invoices and various taxes).
Retention: 5 years if the transaction is completed - Deletion after breach of contract or immediate deletion if you request it.

Sending you offers and commercial information (connection information, request history, follow-up of visit reports.

Data: surname, first name, email address, telephone number, address, information about your project.
Retention: 3 years after your last contact with us.

To monitor our commercial relationship

Data: surname, first name, email address, telephone number, messages exchanged, information about your project.
Retention: 3 years after your last contact with us.

To compile statistics and conduct marketing studies (cookies, IP address, pages viewed, tracking data on actions relating to emails that MPP may send to the persons concerned (opens, clicks, etc.)

Data: IP address, website browsing (with your consent).
Retention: 6 months.

To personalise content and display targeted advertising

Data: IP address, website browsing (with your consent).
Retention: 6 months.

To manage your requests concerning your rights (access, deletion, etc.)

Data: email address, telephone number, copy of your identity document.
Retention: 3 years after your last request.

Execution of pre-contractual or contractual measures

Relationship with the Agent – the Business Introducer or any potential partner

Data: surname, first name, date and place of birth, nationality, identity document, RSAC – Documents enabling accounting and financial monitoring, such as invoices, bank details and URSSAF vigilance certificate – training certificates, where applicable
Retention: 10 years after termination of the contract

Legitimate interest (management, security, combating fraud/abuse)

Securing and improving our website

Data: IP address, website browsing.
Retention: 13 months.

Legitimate interest and compliance with a legal obligation

Management of requests to exercise rights, disputes and litigation received by electronic or postal means.

Identification data: surname, first name, email address, identity document and any other information relating to your request
Retention: for the duration of the processing or the legal retention period after the dispute has been resolved

The Company reserves the right to anonymise the data being processed before deleting it.

7. TO WHOM IS YOUR DATA TRANSFERRED?

In the course of providing our services, we may share your data. In all circumstances, we ensure a high level of protection for your data.

Recipients internal to the data controller

We only give access to your personal data to internal personnel whose role requires it. We regularly monitor this access and secure the information communicated, as far as possible.

External recipients of the data controller

Subcontractors, joint data controllers and separate data controllers

In accordance with Article 28 of the GDPR, our subcontractors' access to your data is based on signed contracts that specify their obligations regarding data security and confidentiality.

In the course of our activities, we may share your data with the following recipients:

Cloud storage and file sharing service providers;
Customer and prospect relationship management (CRM) tools;
Service providers providing part of the software maintenance

The Company may also disclose to any Third Party (various judicial and public authorities) the Personal Data that is being Processed when there is a legal obligation to do so, or if you expressly consent to it in advance, or when the Company believes in good faith that it is necessary to:

Respond to any claims made 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;
Carry out a task in the public interest.

Third parties

Within the limits of their powers, various judicial and public authorities, such as courts and tribunals, administrative authorities and legal representatives, may have access to personal data, but only upon legal request.

8. TRANSFER OF PERSONAL DATA OUTSIDE THE EUROPEAN UNION - SECURITY AND ONLINE ADVERTISING

All Personal Data is stored on secure servers located within the European Union.

No transfer of Personal Data outside the European Union will be made by the Company without the express prior authorisation of the User.

We do our best to ensure that all reasonable measures are taken to ensure that your data is stored securely at all times.

All our employees who have access to or are involved in the processing of personal information are committed to respecting the confidentiality of personal information.

Our website may include links to external websites operated by other organisations. They may collect personal information from visitors to their site. OCCITANIE PROPERTIES - MPP cannot guarantee the content or privacy practices of external websites and accepts no responsibility for these websites.

OCCITANIE PROPERTIES - MPP advertises using Google AdWords, Facebook Advertising, Instagram and LinkedIn Ads. As described above, we may collect information about how you browse our website, engage with our social media profiles and shop in order to improve your customer experience, enhance our customer service and provide you with communications and promotions. The purpose of our advertising is to serve users with the most relevant content possible.

To avoid seeing our online advertising based on your use of our website, please unsubscribe from our marketing and delete and disable cookies in your browser for our website. If you only unsubscribe from our marketing without deleting your cookies, you may still see online ads based on your previous visits to our site.

Any advertising you see after completing the two steps above is not based on your browsing or order history on our website. It is either circumstantial, you are visiting a website where we choose to advertise, or it is a website.

9. SOCIAL NETWORKS

The Site uses social network plugins such as Facebook, Twitter, LinkedIn, etc. (hereinafter ‘Social Networks’). For example, if the User is logged into Facebook while browsing the Site, Facebook may directly link their visit to their Facebook user account even if the User has not used the share button.

If the User interacts with the plugins, for example by clicking on the ‘Like’ button or leaving a comment, the corresponding information will be transmitted and stored on a Facebook server. It will be published on the User's Facebook account.

The Company does not manage the data collected by Social Networks via the buttons. The User should read the personal data protection policy published by the Social Networks concerned in order to find out how the data collected by them is processed and used, as well as the settings available 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 log out of the Social Network before visiting the Website.

10. USER RIGHTS REGARDING PERSONAL DATA

WHAT ARE YOUR RIGHTS REGARDING YOUR PERSONAL DATA?

Pursuant to Articles 15 to 22 of the GDPR, any natural person using the service has the right to exercise the following rights:

ACCESS

You can find out whether your data is being used and obtain a copy.

RECTIFICATION

You can correct or complete your data.

OBJECTION

You can, with some exceptions, refuse to allow your data to be used.

PORTABILITY

You can receive your data in a structured format and transfer it elsewhere.

LIMITATION OF PROCESSING

You can request that the use of your data be temporarily suspended.

FORGETTING

You can request that your data be deleted when it is no longer necessary.

WITHDRAWING CONSENT

You can withdraw your consent at any time.

11. HOW CAN YOU EXERCISE YOUR RIGHTS?

These rights can be exercised by contacting the DPO (Data Protection Officer) by email at the following address: info@occitanieproperties.com or by using the online form on the Website.

Exercise your rights

12. COOKIES

The Company uses cookies to recognise Users (whether customers or not) when they connect to the Website. These cookies are anonymised and do not collect or store any personal data.

A cookie is a small text file that is placed or stored on your device (computer, tablet or mobile device) when you visit a website. Cookies enable a website to recognise you, help you navigate from page to page on a website, provide secure connections and remember your preferences for future visits.

Users may disable cookies stored on their device at any time. To do so, 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 their browser's help menu. However, disabling cookies may prevent access to certain features of the Website that allow the Company to personalise the services it offers.

Cookies are automatically deleted thirteen (13) months after they are installed if the User does not renew their consent before the expiry of this period.

Users may refuse to give their consent to the installation of non-functional cookies, withdraw their consent and/or configure cookies at any time by using the Company's cookie manager below or by configuring their internet browser themselves.

The cookies used on the Website are as follows:

Google Analytics;
Facebook PixelCode;
Apimo / AWS

13. SECURITY MEASURES IMPLEMENTED FOR YOUR DATA

As data controller, we take all necessary precautions to preserve the security and confidentiality of your data. This includes the physical security of the buildings housing our systems and the security of the IT system to prevent external access to your data. Access to your data is limited to those persons who need to know it.

If you have any suggestions or questions about how we process your data or about our Policy, please do not hesitate to contact us!

Our contact details are available on the legal notices page of the website.

WOULD YOU LIKE TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY?

If you feel that your rights have not been respected, you can also lodge a complaint with the French Data Protection Authority (Commission nationale de l'informatique et des libertés, hereinafter ‘CNIL’), whose contact details are as follows:

On the CNIL website via the online complaint service;
By post:

CNIL

Complaints Department

3 Place de Fontenoy

TSA 8071