We care about protecting your privacy, ensuring that your personal data will be treated in accordance with the applicable legal provisions, namely in accordance with Regulation (EU) no. 679/2016, of the Parliament and of the Council, of 27 April, (hereinafter referred to as "GDPR")* and Law no. 58/2019, of 8 August**, which ensures the implementation of the GDPR in the Portuguese legal order. In this sense, we transmit to the User the following information regarding data protection, regarding the processing of personal data carried out within the scope of our activity.
If, after reading this Privacy Policy, you have any questions or wish to obtain any clarification, please contact us to portugal@theagencyre.com or, alternatively, by postal mail addressed to the person responsible for the treatment, SON, MEDIAÇÃO IMOBILIÁRIA, LDA., to:
Avenida António Augusto de Aguiar, 19 4th dto., Room B 1050-102 Lisbon (PORTUGAL)
*Can be consulted at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0679
**Can be consulted at: https://dre.pt/dre/detalhe/lei/58-2019-123815982
SON, MEDIAÇÃO IMOBILIÁRIA, LDA., is a limited company, with registered office located at Avenida António Augusto de Aguiar, 19, 4º dto., Sala B, parish of Avenidas Novas, 1050-102 Lisboa, with the unique registration number and legal person number 517 250 985, with a share capital of €5,000.00 (five thousand euros) (hereinafter referred to as "The Agency"), who acts as a controller of your personal data.
"Personal data" means any information, of any nature and on any medium, relating to an identified or identifiable natural person. A person who can be identified directly or indirectly, for example by name, civil and/or tax identification number, location data, an electronic identifier or other elements enabling the identification of that natural person, such as elements specific to his physical, physiological, genetic or economic identity, shall be considered identifiable.
Within the framework of the relationship established with the Users, The Agency processes the following personal data:
• Contact information: name, e-mail, telephone/mobile number, address;
• Personal information: gender, date of birth, marital status, [...];
The personal data to which The Agency has access as controller will be processed in a lawful, fair and transparent manner, for the following purposes:
a) To conclude a real estate agentage contract;
b) Sending Newsletters;
c) To respond to requests from interested parties in real estate advertised on the Website;
d) To raise the properties subject to its mediation.
The Agency shall process the personal data of its holders on the basis of at least one of the following grounds:
a) Execution of contract and pre-contractual procedures: when the processing of personal data is necessary for the conclusion, execution and management of the contract concluded with the owners of the real estate or with The Agency;
b) Consent of the User: when he has given his express consent – in writing, orally or through the validation of an option – and beforehand, and if such consent is free, informed, specific and unequivocal. For example, in cases where you have given your consent to retain your personal data for the purpose of scheduling a visit to a property of interest to you and where you have given your consent for marketing purposes
c) Legitimate interest: when the processing of personal data corresponds to a legitimate interest of The Agency;
d) Compliance with a legal obligation: when the processing of personal data is necessary to comply with a legal obligation to which The Agency is subject, such as the communication of data to police, judicial, tax or regulatory entities.
All employees and service providers of The Agency who need them for the aforementioned purposes will have access to your personal data.
Personal data may also be transmitted to subcontractors for them to treat them on behalf of The Agency. In this case, The Agency will take the necessary contractual measures to ensure that processors respect and protect the personal data of data subjects, using only subcontractors that provide sufficient guarantees for the implementation of appropriate technical and organisational measures for that purpose.
We process your data for as long as it is necessary within the scope of the purpose for which it was collected. However, The Agency may keep it for a longer period of time when:
a) there is a period of time fixed by law;
b) There is a period of time recommended by the National Data Protection Commission ("CNPD");
c) are processed for statistical purposes; or
d) are necessary for the establishment, exercise or defence of a right in legal proceedings.
By way of example: pursuant to Article 52 of the VAT Code, we keep for 10 years the data necessary for accounting and tax purposes of the services provided by The Agency.
Once the maximum retention period has been reached, your personal data will be irreversibly anonymised (anonymised data may be retained) or will be destroyed/deleted securely.
As a data subject you may, at any time, exercise the following rights:
a) Right of access – right to obtain confirmation of which personal data are processed and information about them, such as the purposes of the processing, the storage periods, among others; b) Right to rectification – right to request the rectification of your personal data that are inaccurate or to request that incomplete personal data be completed;
c) Right to erasure of data or "right to be forgotten" – right to obtain erasure of your personal data, provided that there are no valid grounds for its retention, such as cases in which The Agency has to retain the data to comply with a legal obligation or because a legal process is ongoing;
d) Right to portability – right to receive the data you have provided us in digital format of current use and automatic reading or to request the direct transmission of your personal data, in cases where it is technically possible;
e) Right to object – the right to object to processing on the basis of legitimate interest, provided that there are no compelling or legitimate reasons that prevail over your interests, rights and freedoms, or for the defence of a right in a judicial proceeding;
f) Right to limitation – right to request the limitation of the processing of your personal data, in the form of: (i) suspension of processing or (ii) limitation of the scope of processing to certain categories of data or purposes of processing;
g) Right to revoke / withdraw consent – if the processing of your personal data is dependent on obtaining your consent, you have the right to revoke it, without such revocation invalidating the processing of the data while the consent is in force.
To exercise your rights, you must send us a written communication to the contacts listed in this Privacy Policy, indicating your intention (i.e. what right(s) you wish to exercise). The exercise of the rights is free of charge, except in cases where it is a manifestly unfounded or excessive request, in which case The Agency may charge a reasonable fee taking into account the costs.
Data subjects also have the right to lodge a complaint with the National Data Protection Commission (www.cnpd.pt) if they consider that The Agency has violated the applicable legislation on data protection, namely the GDPR and Law no. 58/2019, of 8 August, which ensures the implementation of the GDPR in the Portuguese legal order.
The Agency may send newsletters to the User's e-mail address that consents to receive them.
Newsletters may contain information, offers or promotions.
If the User does not wish to receive newsletters from The Agency, he/she must select the "Removal from the mailing list" option at the end of each email sent.
The Agency prevents unauthorized access or disclosure by using a variety of security measures to help protect and maintain the security, integrity and availability of your personal data.
We highlight the following measures:
i. Security of the Facilities: entry to the premises is restricted to employees and service providers of The Agency;
ii. Access to computer systems is protected by login and password, with different levels of security and that must be periodically changed;
iii. The entire computer network of The Agency is protected by antivirus, firewalls and monitoring of installed software;
iv. Use of SSL in the domain; and
v. Use of encryption technology in the collection or transfer of confidential data vi. Mechanisms capable of ensuring the permanent confidentiality, availability and resilience of information systems, as well as Personal Data (anonymization, pseudonymization, etc.);
vii. Mechanisms to ensure the restoration of information systems and access to personal data in a timely manner in the event of a physical or technical incident;
viii. Awareness raising and training of personnel involved in Data Processing operations;
ix. Regular audits to assess the effectiveness of the technical and organisational measures implemented, where necessary.
The Agency reserves the right, at any time, to make adjustments or changes to this Privacy Policy, ensuring the publication of information regarding the respective update on the Website. We therefore recommend regular verification of this Privacy Policy.
20/04/2023