Personal Data Processing Policy
of Immocap Services, s. r. o.
1. General provisions
This Personal Data Processing Policy includes information on how Immocap Services, s. r. o., with registered office at Mlynské nivy 55, 821 09 Bratislava - Ružinov, ID No.: 36 36 362 531, registered in the Commercial Register of the Municipal Court Bratislava III, Section Sro, Insert No.: 40734/B as the controller (hereinafter referred to as "we" or "the Company"), processes your personal data. This information is provided in accordance with Article 13 of 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 and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR").
For the purposes of this Policy:
"Project" is the project of the construction of a residential complex KVARTER on Jégeho Street in Bratislava, as described in more detail on the website www.kvarter-living.sk.
„Immocap“ is the company Immocap, a. s., with registered office at Mlynské nivy 55, 821 09 Bratislava - Ružinov, ID No.: 35 944 536, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sa, Insert No. 3633/B, the Slovak Republic.
„Immocap Construction“ is the company Immocap Construction s. r. o., with registered office at Mlynské nivy 55, 821 09 Bratislava - Ružinov, ID No.: 53 328 655, registered in the Commercial Register of the Municipal Court Bratislava III, Section Sro, Insert No. 151194/B, the Slovak Republic.
2. Personal data controller
Immocap Services, s. r. o.
ID No.: 36 362 531
Contact details:
Mlynské nivy 55, 821 09 Bratislava - Ružinov
byvanie@immocap.sk
If you have any questions regarding this Policy, the use of your personal data, or if you wish to exercise your rights described in this Policy, you may contact our Company by email or in writing at the above address.
3. Purpose, legal basis and retention period
We process your personal data as the controller on the following legal bases and for the following purposes.
A) Purposes related to the performance of a contract or related to acts carried out at the request of the data subject prior to the conclusion of a contract, in accordance with Article 6(1)(b) of the GDPR:
| Purpose | Personal data included | Data retention period |
|---|---|---|
| Presentation of the Project and communication as part of pre-contractual relations or negotiations regarding your expressed interest (e.g. request for a quote, questions about available flats and apartments, sending a request via the web form, etc.). | E-mail address and, if you have provided them in the text of the contact form or provided them to us when communicating with us, also the following data: first name, last name, telephone number, and any other personal data that you have provided in the text of the contact form or provided to us when communicating with us. | For as long as is necessary to answer your questions from the contact form or for the duration of our pre-contractual communication, but no longer than 3 months from the time you last contacted us. |
| Fulfilment of contracts with our clients or negotiation of contracts with our clients in connection with the sale/rental of flats and non-residential premises in the Project. | The relevant identification, payment and contact details as set out in the relevant contract between you and our company. | For the duration of the contractual relationship and thereafter for as long as necessary to assert claims under the contract; in special cases, e.g. for the purpose of protecting against impending or arising legal disputes, the processing period is extended until the relevant circumstance has ceased (e.g. the end of the legal dispue). |
B) Purposes related to the fulfilment of a legal obligation under Article 6(1)(c) of the GDPR:
| Purpose | Personal data included | Data retention period |
|---|---|---|
| To fulfil our accounting, tax and filing obligations. | Relevant identification, payment and contact details provided in contractual, accounting and tax documents. | For a period of 10 years from the end of the tax year in which the transaction took place, unless otherwise provided by law. |
C) Purposes related to the legitimate interests of the controller or of a third party, pursuant to Article 6(1)(f) of the GDPR:
| Purpose and legitimate interest | Personal data included | Data retention period |
|---|---|---|
| Sending our newsletter by email to our existing clients and other marketing messages to our existing clients. The legitimate interest pursued by this processing is our ability to provide our existing customers with information regarding other flats, apartments, premises and related services available at the Project, and other information relating to the Project. |
Relevant identification and contact details to the extent necessary for marketing purposes when sending the newsletter. | For the duration of our legitimate interest, but no longer than until you object to the processing of your data for this purpose or unsubscribe from the newsletter. |
| Communicating with our existing customers who are legal persons. The legitimate interest pursued by this processing is our ability to communicate with our clients who are legal persons during pre-contractual negotiations and after the conclusion of the contract in the performance of the contract and the exercise of our contractual rights and obligations. |
The relevant identification and contact details provided in the contractual documents concluded with our customers who are legal persons or otherwise communicated to us by our customers who are legal persons. | During pre-contractual negotiations and for the duration of the contractual relationship with customers who are legal persons. Thereafter, for as long as necessary to assert claims arising from such contractual relationship; in specific special where this is justified by a particular interest, e.g. for the purpose of protection against an impending or arising dispute, the processing period shall be extended until the end of the circumstance in question (e.g. end of the dispute). |
| Negotiations with third parties interested in purchasing or financing the Project and the performance of contracts entered into with such parties. The legitimate interest pursued by this processing is our ability, if we so choose, to (i) secure external financing for the Project, whereby the financing party may require the submission of documents for the sale/lease process of the flats, apartments and premises, (ii) execute the sale of the entire Project to a third party, whereby the prospective purchaser may require documents for the purpose of conducting a legal due diligence prior to the transaction. In both cases, the third parties shall be contractually or legally bound to maintain the confidentiality of the data provided. |
Relevant identification, payment and contact details provided in contractual, accounting and tax documents. | During pre-contractual negotiations and for the duration of the contractual relationship with such third parties. Thereafter, for the period necessary to assert claims arising from such a contractual relationship; in special cases where this is justified by a particular interest, e.g. for the purpose of protecting against an impending or arising dispute, the processing period shall be extended until the end of the circumstance in question (e.g. the end of the dispute). |
D) Purposes for which the data subject has given consent to the processing of personal data pursuant to Article 6(1)(a) GDPR
| Purpose and legitimate interest | Personal data included | Data retention period |
|---|---|---|
| Sending our newsletter to our potential customers within the KVARTER project. | Email address | For a period of 3 years or until you unsubscribe from the newsletter. |
| Contacting potential or existing customers with offers of flats and non-residential premises within other real estate projects by the controller or by Immocap. | First name, last name, telephone number, email address, preferences (if known to the controller) | For a period of 3 years or until you withdraw your consent. |
4. Rights of the data subject
We respect your rights as a data subject when processing your personal data. Under applicable law, you have several rights as a data subject in relation to the processing of your personal data, depending on the lawful reason and purpose of the processing:
- the right for information about the processing of your personal data;
- the right to access the personal data processed and stored about you;
- the right to request the rectification of incorrect, inaccurate or incomplete personal data;
- the right to request the erasure of personal data when it is no longer necessary or if the processing is unlawful;
- the right to object to the processing of personal data for marketing purposes or for any other purpose based on a legitimate ground pursuant to Article 6(1)(f) of the GDPR;
- the right to request restriction of the processing of your personal data in specific cases;
- the right to receive personal data in a machine-readable format and/or to request their transfer to another controller;
- the right to withdraw your consent at any time without affecting the lawfulness of processing based on consent given prior to its withdrawal, if you have given such consent;
- the right to request that decisions based on automated processing which concern or significantly affect you, based on your personal data, are carried out by natural persons and not by automated technical means, where personal data are processed in this way by the Controller. You have the right to express your opinion and to object to the Controller's decision;
- the right to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence, place of work or place of alleged infringement, and the right to an effective judicial remedy if you consider that the processing of your personal data is unlawful. The supervisory authority in the territory of the Slovak Republic is:
Office for Personal Data Protection of the Slovak Republic
Hraničná 12, 820 07 Bratislava 27, the Slovak Republic
Website: www.dataprotection.gov.sk
Phone no.: +421 2 3231 3214
E-mail: statny.dozor@pdp.gov.sk
- the right to make a request or lodge a complaint with the controller in relation to the protection and processing of your personal data. Any data subject who wishes to make a request or complaint and exercise his or her rights may do so in person, in the form of a letter or electronically using the contact details set out in Article 2 above.
5. RECIPIENTS OF PERSONAL DATA
Recipients of your personal data include Immocap and suppliers of services to our company and external consultants, such as providers of software systems, IT services, mail and courier services, translators, accounting and tax advisors, legal advisors and marketing agencies. Immocap Construction, as the contractor for the Project, will also handle client requests. NACONI will be in charge of managing client changes in the Project.
Immocap, as an investor in a joint Project, processes your personal data as an independent controller, to the extent of identification data and history of concluded contracts and amendments, on the basis of the provisions of Article 6(1)(f) of the GDPR, for the purpose of internal record-keeping and control of the activities within the group of each investor. The legitimate interest is the ability of the investor in the Project to collect, verify and analyse data for the purpose of evaluating the efficiency of the use of the resources invested, the rate of return and the rate of improvement thereof, as well as the ability to require and implement measures to increase such efficiency and rate of return. Immocap will process the data for this purpose for as long as necessary to fulfil its legitimate interest, but no longer than until the completion of the Project (i.e. once all flats and apartments in the Project are sold) or until the exit from the Project as part of a sale of the entire Project or its interest in the Project to a third party.
Immocap may also process your personal data as a controller on other legal bases and for other purposes. For more detailed information regarding Immocap's processing of your personal data, please visit www.immocap.sk.
Your personal data may also be disclosed to courts and public authorities, where necessary, for the purpose of fulfilling the company's legal obligations, enabling the exercise of control over the company's activities, exercising the powers of a court or public authority, resolving disputes and enforcing decisions.
Your personal data may be disclosed to the acquirer if the personal data is transferred as part of a sale or other transfer of all or part of our company's assets to the acquirer.
6. THE SCOPE AND SOURCE OF THE PERSONAL DATA PROCESSED AND THE POSSIBILITY/NECESSITY OF PROVIDING THEM
The data subjects are customers and potential customers of our company, as well as contact persons of customers and potential customers of our company, if the customers are legal persons.
In most cases, we obtain personal data directly from you as the data subject. In some cases, however, we have to supplement the data from public sources (e.g. trade registers, property cadastres, commercial gazettes, etc.) or a third party (e.g. when a business partner provides personal data of their representatives or other contact persons before entering into a contract). The maximum scope of personal data processed is as follows: academic degree, first name, last name, maiden name, permanent address, mailing address (if different from the permanent address), date of birth, birth registration number, marital status, nationality, ID card or other identity document number, bank details and bank account number, email address, telephone number. This maximum scope of personal data processed is related to the purpose of the fulfilment of the contract concluded between you and our company. With regard to other processing purposes, the scope of the processed data is limited to the data necessary to achieve the purpose in question or, if you have given your consent, only to the data for the processing of which you have given your consent.
Prior to entering into a contract with us, the provision of your personal data is voluntary. Once you enter into contract negotiations and subsequently enter into a contract with us in relation to the Project, the requirement to provide your personal data arises from the relevant legislation, i.e. without providing your data, it will not be possible to enter into a valid contract and subsequently fulfil the obligations arising therefrom, as well as the obligations arising from legislation and related to the existence of the contract in question.
7. AUTOMATED PROCESSING AND PROFILING
Your personal data is not processed exclusively in an automated manner, but is always processed also by our trained staff.
8. PERSONAL DATA PROTECTION
In accordance with the requirements of applicable law, we have put in place, implement and maintain all necessary security, technical and organisational measures, internal checks and procedures to protect your personal data, in accordance with best business practice appropriate to the potential risk to you as a data subject. We also take into account the state of technological development in order to protect your personal data against accidental loss, destruction, alteration, unauthorised disclosure or access.
These measures may include, but are not limited to, taking reasonable steps to ensure the accountability of relevant employees who have access to your data and training employees.
If you wish to receive more information about the security of your personal data, please do not hesitate to contact us. Contact details are set out in Article 2 above.
9. VALIDITY OF THE POLICY
The information that we are required to provide to you in relation to our processing of your personal data may change or become out of date. We therefore reserve the right to amend this Policy. If we change this Policy in a material way, we will notify you of that change. The up-to-date version of this Policy will always be available on the Project's website.
The document is valid from 01/05/2024.
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