Privacy policy
Privacy and Data Statement Kasper & Kent
A. General
1 Definitions
1.1 'Services' means the services provided by Kasper & Kent which give rise to the processing of data to which this Privacy and Data Statement Kasper & Kent applies.
1.2 'Third party' means the natural or legal person, public authority, agency or any other body other than the data subject, Kasper & Kent or the person authorised to process the personal data under the direct authority of Kasper & Kent.
1.3 'External service providers' means service providers appointed by Kasper & Kent to supply goods and services. These include, for example, mail providers, property portals, the website hosting company, the website builder, mailing software, property software, chat software, etc.
1.4 'User', 'Data subject', 'You' or 'Your' means any natural or legal person who enters personal data on the websitewww.kasperkent.be , or who has provided personal data to Kasper & Kent directly or indirectly by telephone, e-mail or through external service providers (for example viewing requests including personal data via property portals such as Immoweb, or a subscription to a Kasper & Kent mailing list in the e-mail software used by Kasper & Kent).
Kasper & Kent distinguishes the following types of 'users':
A. 'Clients' means an owner, property developer or other natural person who has instructed Kasper & Kent to sell a property.
B. 'Prospective buyers' means a natural person who is interested in a property and requests further information or a viewing.
C. 'Viewers' means a natural person who has made an appointment to view a property offered by Kasper & Kent.
D. 'Prospective owners/sellers' means a natural person who offers a property for sale and/or who will offer a property for sale in the future.
E. 'Buyers' means a natural person who has bought a property through the intermediation of Kasper & Kent.
F. 'Staff' means a natural person who works or has worked for Kasper & Kent, either as an employee or under a self-employed cooperation agreement.
G. 'Partners and suppliers' means all natural persons who work with Kasper & Kent on a daily or occasional basis, such as: notaries, architects, fellow estate agents, suppliers of printed matter, signs, etc.
1.5 'Data' means all intangible data passed on to Kasper & Kent, in particular but not limited to personal data (of the User or of third parties), documents, photographs, files, etc.
1.6 'Data protection legislation' means, up to and including 24/05/2018, the Privacy Act and, from 25/05/2018, the Privacy Regulation.
1.7 'Privacy Act' means the Belgian Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data.
1.8 'Privacy Regulation' means 'Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data [...]' together with its implementing acts and decrees.
1.9 'Website' means the internet website(s) hosted at www.kasperkent.be (always used in the singular, even though the definition covers several sites).
2 Scope
2.1 This Privacy and Data Statement Kasper & Kent applies to all processing of personal data in the following files or arising from the following activities or business processes of Kasper & Kent:
- Property intermediation in the sale of real estate, in which various marketing channels are used, including (non-exhaustively): the website www.kasperkent.be , e-mailings, etc.
- Property marketing, in which various marketing channels are used, including (non-exhaustively): the website www.kasperkent.be , e-mailings, etc.
(table 1)
2.2 This Privacy and Data Statement Kasper & Kent is provided to You in accordance with Article 9 et seq. of the Privacy Act and Article 13 et seq. of the Privacy Regulation.
2.3 The Privacy Statement may be amended, for future processing, without prior notice. Should such amendments also affect existing processing of your personal data, however, you will be informed of this beforehand. It is advisable to consult the Privacy Statement each time you enter personal data.
3 Age of the Data subject
3.1 By accepting this Privacy and Data Statement Kasper & Kent, You expressly declare that You are 16 years of age or older.
3.2 If Art. 3.1 does not apply, Your consent must be given or authorised by the person who holds parental responsibility over You.
4 Legal basis
4.1 References in this Privacy and Data Statement Kasper & Kent to the Privacy Act are valid until 24 May 2018.
4.2 References in this Privacy and Data Statement Kasper & Kent to the Privacy Regulation are valid from 25 May 2018 onwards.
4.3 Articles 17 and 19 will enter into force on 25 May 2018.
B. Identity and contact details of Kasper & Kent
5 Identity of Kasper & Kent
5.1 For the purposes of data processing, the following identity is to be regarded as the controller in accordance with the Privacy Act and the Privacy Regulation:
• Kasper & Kent BV with registered office at Tramlaan 249, Sterrebeek and registered with the Belgian Crossroads Bank for Enterprises under number 0712.756.097
6 Contacting Kasper & Kent
6.1 You can reach Kasper & Kent:
• By post at Tramlaan 249, 1933 Sterrebeek
• By telephone on: +32 (0)2 880 40 01
• By e-mail: hello@kasperkent.be
C. The role of Kasper & Kent in the processing of your Data
7 Capacity as controller
7.1 With regard to the processing of Your Data, Kasper & Kent acts as Controller
8 Kasper & Kent as controller
8.1 With regard to the Data referred to in Art. 10 and the purposes referred to in Art. 15, Kasper & Kent acts as Controller.
8.2 Kasper & Kent provides the information and explanation set out in the sections
D. Processing of Data as controller
9 Data processed
9.1 Depending on the data you make available to Kasper & Kent and depending on the type of user you are, certain data will be processed by Kasper & Kent as Controller, as set out in column 4 of the personal data processing schedule.
10 Special categories of personal data
10.1 Should Kasper & Kent process special categories of personal data in accordance with Articles 6 and 7 of the Privacy Act and Article 9 of the Privacy Regulation, this will be done in an appropriate manner.
11 Requirements for data processing
11.1 The processing of the Data set out in the personal data processing schedule:
with legal basis for processing = legal obligation (LO)) is required by law (necessity)
with legal basis for processing = pre-contractual actions and performance of a contract (A)) is required contractually (necessity)
11.2 The processing of the Data set out in the personal data processing schedule:
with legal basis for processing = opt-in for Direct marketing (DM) or Consent (C) is optional
11.3 The consequences of failing to provide the personal data prescribed as optional are that the direct marketing purposes cannot be carried out and that no targeted offers (advertisements, offers, e-mailings, etc.) can therefore be presented to the user.
12 Source of the Data
12.1 All data included in the personal data processing schedule is obtained from the user themselves, either directly by the user providing it, or indirectly by the user providing it through a processor/subcontractor acting on behalf of the controller (property software, property portals, e-mail software, etc.).
13 Lawfulness of the processing of Data
13.1 As a controller, Kasper & Kent may process your personal data only on the legal bases for processing set out in column 3 of the personal data processing schedule.
14 Purposes of processing
14.1 Kasper & Kent processes Your Data for the purposes listed in the personal data processing schedule.
14.2 The lawfulness of the processing of personal data by Kasper & Kent is based, in whole or in part, on the legitimate interests pursued by Kasper & Kent or by a third party (LI); see the personal data processing schedule.
These legitimate interests of Kasper & Kent or of the third party are:
• the right of Kasper & Kent to carry out essential business processes, such as being able to reach and contact a buyer with whom a transaction has been concluded
• the right of Kasper & Kent to carry out essential business processes, such as being able to reach and contact a prospective owner/seller who has indicated that they wish to sell their property
• the right of Kasper & Kent to process the age of the data subject with a view to the correct application of data protection legislation
15 Existence of automated decision-making or profiling
15.1 The Website does not process any data for automated decision-making purposes.
16 Recipients and categories of recipients of the personal data
16.1 Depending on the purpose and the necessity of the processing, the personal data may be disclosed to the following recipients and external service providers:
- Mailchimp.com (mailing software for sending direct marketing e-mails)
- Lessannoyingcrm.com (customer relationship management system)
- Maximmo (property software)
- Zopim.com (chat software)
16.2 The recipients listed above will always process the personal data received in accordance with this Privacy Statement.
17 Data storage period
17.1 When storing your personal data, Kasper & Kent applies various retention periods. The exact retention periods are set out in column 4 of the personal data processing schedule.
E. Your rights as a data subject
18 Access
18.1 The User is entitled to information about the processing of the User's Data carried out by Kasper & Kent. To the extent that the User does not find the requested information in this Privacy and Data Statement, he or she may always contact Kasper & Kent using the details in Art. 6.
19 Rectification
19.1 The data subject has the right to obtain from Kasper & Kent, without undue delay, the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by providing a supplementary statement.
20 Data portability
20.1 You have the right to receive the personal data concerning you which you have provided to Kasper & Kent, in a structured, commonly used and machine-readable format, and to transmit that data to another controller without hindrance from Kasper & Kent, where the processing is based on:
• your consent, or
• the performance of a contract to which you are a party or your prior wish to enter into a contract, and
• the processing is carried out by automated means.
20.2 When exercising your right to data portability pursuant to Art. 20.1, you will have the right, where technically feasible, to have the personal data transmitted directly from Kasper & Kent to the other controller.
21 Withdrawal of consent
21.1 You have the right to withdraw your consent at any time, in particular but not exclusively with regard to the special categories of personal data referred to in Art. 10. 21.2 Any withdrawal of consent shall not affect the lawfulness of the processing of data based on the consent given before its withdrawal, nor the lawfulness of processing based on another legal basis, such as the performance of a contract to which you are a party.
22 Restriction
22.1 You have the right to obtain from Kasper & Kent a restriction of processing where one of the following applies:
• you contest the accuracy of the personal data, for a period enabling Kasper & Kent to verify the accuracy of the personal data;
• the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;
• Kasper & Kent no longer needs the personal data for the purposes of the processing, but you require it for the establishment, exercise or defence of legal claims;
• you object to the processing pursuant to Article 25.1 et seq., pending the answer to the question of whether the legitimate grounds of Kasper & Kent override those of the data subject.
22.2 Where processing has been restricted in accordance with Art. 22.1, personal data shall, with the exception of storage, only be processed with your consent, or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the Union or of a Member State.
22.3 If you have obtained a restriction of processing pursuant to this article, you will be informed by Kasper & Kent before the restriction of processing is lifted.
23 Objection
23.1 In the circumstances set out in Article 12, §1, of the Privacy Act and Article 21(1) of the Privacy Regulation, you have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data, including profiling, based on the legitimate grounds for processing by Kasper & Kent or by a third party.
23.2 Kasper & Kent will cease the processing of the personal data unless Kasper & Kent demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or which relate to the establishment, exercise or defence of legal claims.
23.3 Where personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, including profiling related to direct marketing.
24 Erasure of data ('right to be forgotten')
24.1 You have the right to obtain from Kasper & Kent the erasure of personal data concerning you without undue delay, and Kasper & Kent is obliged to erase personal data without undue delay where one of the following applies:
• your personal data is no longer necessary for the purposes for which it was collected or otherwise processed;
• you withdraw your consent on which the processing is based in accordance with Article 13, and there is no other legal ground for the processing;
• you object to the processing in accordance with Article 23;
• your personal data has been unlawfully processed;
• your personal data must be erased in order to comply with a legal obligation under Union law or the law of a Member State to which Kasper & Kent is subject;
• your personal data has been collected in relation to the offer of services to a child.
25 Exercise of rights by the data subject
25.1 In order to exercise any of the rights described in this statement, the user may contact Kasper & Kent by means of:
• a signed request sent by post;
• an e-mail;
25.2 The contact details of Kasper & Kent can be found in Article 6.1.
25.3 The information will be communicated to the User without delay and in any event no later than one month after receipt of the request. This period may be extended by two further months where necessary, taking into account the complexity and number of requests. Kasper & Kent will inform the data subject of any such extension within one month of receipt of the request, stating the reasons for the extension.
25.4 Any communication or any measure provided under Arts. 18 to 25 will be free of charge. In implementation of Art. 18, Kasper & Kent will provide a copy of the personal data being processed free of charge. For any further copy requested by the data subject, Kasper & Kent may charge a reasonable fee in the light of the administrative costs.
25.5 Where You make a request by electronic means, and unless otherwise requested by the data subject, the information will be provided in a commonly used electronic form.
25.6 Where requests are manifestly unfounded or excessive, in particular because of their repetitive character, Kasper & Kent may:
• charge a reasonable fee in the light of the administrative costs of providing the information or communication or taking the action requested;
or
• refuse to act on the request.
25.7 Where Kasper & Kent has reasonable doubts about the identity of the natural person making the request referred to in Articles 18 to 25, Kasper & Kent may request the provision of additional information necessary to confirm the identity of the data subject.
G. Cookies
26 Use of cookies
26.1 Cookies on the Website. For more information on the use of cookies, please consult our separate Cookie Statement at https://www.kasperkent.be/nl/cookie-verklaring
H. Complaints
27 Complaints handled by Kasper & Kent
27.1 If You wish to lodge a complaint, You may do so through the communication channels set out in Art. 6.1.
27.2 Kasper & Kent will provide the User with the requested information about the action taken following their request, without undue delay and in any event within one month of receipt of the request. This period may be extended by a further two months where necessary, taking into account the complexity and number of requests. Kasper & Kent will notify You of any such extension within one month of receipt of the request, stating the reason for the delay.
27.3 If Kasper & Kent does not act on your request, Kasper & Kent will inform You without delay, and at the latest within one month of receipt of the request, of the reasons for not taking any action.
28 Complaints handled by the supervisory authority
28.1 If you consider that the processing of your personal data infringes data protection legislation, and without prejudice to any other administrative or non-judicial remedy, the User has the right to bring legal proceedings against Kasper & Kent before the supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement.
28.2 The supervisory authority of your habitual residence can be found via this link: https://secure.edps.europa.eu/EDPSWEB/
G. PERSONAL DATA PROCESSING SCHEDULE
