GENERAL DATA PROTECTION REGULATIONS (GDPR) & COOKIES
The present Charter is drawn up by Guillaume PINTE, acting as a representative of the OFFICE DES PROPRIETAIRES, registered at the Crossroads Bank for Enterprises (CBE) under the number: BE0841.885.269 (hereinafter referred to as "the processing manager").
The purpose of the present Charter is to inform people contacting the real estate agency OFFICE DES PROPRIETAIRES and visitors to the website located at www.op.be (hereinafter the "website") about the way in which data are collected and processed by the processing manager.
The present Charter is based on the wish of the processing manager to act in complete transparency, in accordance with the act of 8 December 1992 on the protection of privacy with regard to the processing of personal data and the Regulation (EU ) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing the Directive 95/46/EC (hereinafter referred to as the "general data protection regulation").
The processing manager pays special attention to the protection of the privacy of the users and is therefore committed to taking reasonable precautions to protect their collected personal data against loss, theft, disclosure, or unauthorised use. If the user wishes to respond to one of the provisions described below, the user may contact the processing manager at the postal address or e-mail address specified in the "contact details" section of the present Charter.
By consulting and/or contacting the real estate agency OFFICE DES PROPRIETAIRES or by visiting and using its website, the user declares to have taken note of the information below, accepts the present Charter and explicitly gives permission to the processing manager for the collecting and processing of personal data communicated by the user via the website and/or in the framework of the services offered by the website and at the agency, for the purposes outlined below, and in accordance with the modalities and principles detailed in the present Charter.
The user has the right to withdraw his permission at any time. The withdrawal of this consent does not affect the legality of the processing that has already taken place on the basis of the prior consent.
Which data do we collect?
By visiting and using the website, the user expressly agrees that the processing manager collects and processes the following personal data, according to the modalities and principles described below:
- the surname, first name, address, telephone and mobile numbers;
- the e-mail address of the user if the user has provided it in advance, for example by posting messages or asking questions on the website, by contacting the processing manager via e-mail, by accessing the restricted part of the website through identification, etc.;
- all the information concerning the pages visited by the user on the website;
- any information provided voluntarily by the user, for example in requests for information and/or registrations on the website, or by accessing the restricted part of the website through identification.
It is possible that the processing manager also collects non-personal data. These data are qualified as non-personal, because they do not allow a particular person to be identified, directly or indirectly. They can, therefore, be used for whatever purpose, for example, to improve the website, the products, and services offered or the advertising of the processing manager.
If personal data are combined with non-personal data so that identification of the individuals concerned would be possible, these data will be treated as personal data until they can no longer be linked to a specific individual.
The processing manager collects the personal data through the website and the services offered by the real estate agency OFFICE DES PROPRIETAIRES.
Purposes of processing
The personal data are collected and processed solely for the purposes listed below:
- Management and monitoring of the implementation of the services offered;
- Sending & follow-up of invoicing;
- Sending information about the properties, products and services managed or performed by the processing manager;
- Possible sending of service offerings;
- Answering questions of all visitors;
- Improving the quality of the website and the services offered by the processing manager;
- Forwarding information related to both the services of and new properties in the processing manager’s portfolio;
- Direct marketing purposes;
- Allowing better identification of the interests of the user;
- Meeting legal obligations (e.g., Royal Decree dated 12 July 2007 - resale right).
The processing manager may be led to carry out processing which has not yet been provided for in the present Charter. In that case, the processing manager will contact the users before reusing their personal data, to inform them of the changes and give them the opportunity to refuse such reuse, if need be.
Length of data retention
The processing manager will only retain the personal data for a period that is reasonably necessary to achieve the set objectives and in accordance with the legal and regulatory requirements. At the end of the retention period, the processing manager will make every effort to ensure that the personal data have been made unavailable.
Data access and copy
By means of a written, dated and signed request, sent to the processing manager at the address mentioned in the "contact details" section of the present Charter, users can, after having proven their identity (by adding a copy of their identity card), obtain the written information or a copy of the collected personal data free of charge.
The processing manager may require reasonable payment for the administrative costs engendered by additional copies requested by the user.
If the user submits this request electronically, the information will be delivered in a commonly used electronic format, unless the user requests otherwise.
The copy of these data will be communicated to the user no later than one month after receipt of the request.
Right to rectification
By means of a written, dated and signed request, sent to the processing manager at the address mentioned in the "contact details" section of the present Charter, and after having proven their identity (by adding a copy of their identity card), users can obtain free of charge, as soon as possible and at the latest within a period of one month, the rectification of their personal data, if these should be incorrect, incomplete or irrelevant, and, if necessary, ask that these data be completed.
Right to oppose the processing
By means of a written, dated and signed request, sent to the processing manager at the address mentioned in the "contact details" section of the present Charter, users can at any time and free of charge, for reasons relating to their particular situation and after having proven their identity (by adding a copy of their identity card), oppose the processing of their personal data.
Execution of the user's opposition may be refused, if the processing manager determines the existence of compelling and legitimate reasons that justify the processing and prevail over the interests or the rights and freedoms of the user, or when necessary for the establishment, exercise or defense of legal claims. In the event of a dispute, the user can appeal against this in accordance with the "objections and complaints" section of the present Charter.
By means of a written, dated and signed request addressed to the Processing Manager at the address mentioned in the "contact details" section of the present Charter, users can oppose the processing of their personal data at any time and after their identity has been verified (by adding a copy of their identity card), without any justification and free of charge, if these data were collected for direct marketing purposes (including profiling).
The processing manager is required to respond to the user’s request as soon as possible and within a period of one month at the latest. The processing manager must also justify a negative response to the user’s request.
Right to restrict processing
By means of a written, dated and signed request, sent to the processing manager at the address mentioned in the "contact details" section of the present Charter, and after having proven their identity (by adding a copy of their identity card), users can obtain the restriction of the processing of their personal data in the following cases:
- When the user disputes the accuracy of a datum and only for the period that the controller needs to check this;
- When, although it is no longer required for the purposes of the processing, the user needs the restriction for the establishment, exercise or defense of legal claims;
- During the time needed to examine the validity of an application for opposition by the user, in other words, the period the processing manager requires to balance the legitimate interests of the processing manager and those of the user.
The processing manager will inform the user as soon as the limitation of the processing is lifted.
Right to erasure (right to be forgotten)
By means of a written, dated and signed request, sent to the processing manager at the address mentioned in the "contact details" section of the present Charter, and after having proven their identity (by adding a copy of their identity card), users can obtain the erasure of their personal data if one of the following motives applies:
- The data are no longer required for the purposes of the processing;
- The user has withdrawn his or her consent to the processing of his or her data, and there is no legal basis for further processing;
- The personal data must be deleted to comply with a legal obligation (the law of the European Union or the law of a Member State) to which the processing manager is subject.
However, the erasure of the data does not apply in the following 5 cases:
- If the processing is necessary for the exercise of the right to freedom of expression and information;
- If the processing is necessary in order to comply with a legal obligation that requires processing as provided for by the law of the European Union or by the law of the Member State to which the processing manager is subject, or to perform a task carried out in the public interest or in the exercise of the public authority vested in the processing manager;
- If processing is necessary for reasons of public interest in the field of public health;
- If the processing is necessary for archival purposes of public interest, for scientific or historical research or statistical reasons, and on condition that the right to erasure can prevent or seriously compromise the realisation of the purposes of the processing;
- If the processing is necessary for the establishment, exercise or defense of legal claims.
The processing manager is required to respond to the user’s request as soon as possible and within a period of one month at the latest. The processing manager must also justify a negative response to the user’s request.
The right to data portability
By means of a written, dated and signed request, sent to the processing manager at the address mentioned in the "contact details" section of the present Charter, and after having proven their identity (by adding a copy of their identity card), users can request at any time to receive their personal data free of charge in a structured and commonly used format, readable by machines, with a view to transferring them to another processing manager:
- If the processing of the data is carried out using automated processes;
- And if the processing is based on the consent of the user or an agreement concluded between the latter and the processing manager.
Under the same conditions and modalities, users have the right to require the processing manager to transfer their personal data directly to another personal data controller, as far as this is technically possible.
The right to data portability is not applicable to the processing that is necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the processing manager.
Destination of data and disclosure to third parties
The recipients of the collected and processed data are, in addition to the processing manager, the employees or other subcontractors, the carefully selected commercial partners, located in Belgium or the European Union, who cooperate with the processing manager in the context of the commercialisation of the products or the delivery of services.
The data will never be disclosed and/or sold to third parties for direct marketing or prospecting purposes.
The processing manager reserves the right to disclose the personal data of the user if a law, legal procedure or an order from a public authority would make such disclosure necessary. No transfer of personal data will take place outside the European Union.
Use and management of “cookies”
Most web browsers are configured so that cookies are automatically accepted. If users wish to customise their management, they must change their browser settings. They will find more information on this subject in the "cookie control" section of the current provision.
Definition of “cookies”
A "cookie" is a data or text file that the server of a website will temporarily or permanently store on the user’s device (hard drive of the computer, tablet, smartphone, or any other similar device) by using the user’s browser. Cookies can also be installed by third parties cooperating with the processing manager.
Cookies store certain information, such as language preferences of the visitors or the contents of their shopping cart. Other cookies store statistics that relate to the users of the website or ensure that graphs are displayed correctly, and applications on the website work properly. Other cookies allow the content and/or advertising of the website to be adapted to the user.
The website uses different types of cookies:
- Essential or technical cookies: they are indispensable for the functioning of the website and ensure good communication and easy browsing;
- Statistical or analytical cookies: they are used to recognise and count visitors and track their browsing behaviour when they visit the website. They improve browsing quality, guiding users to what they are looking for;
- Functional cookies: they enable specific features on the website, in order to improve user-friendliness and experience, and are used to remember user preferences (e.g., choice of language);
- Performance cookies: they collect information about the visitors’ use of the website. They allow evaluation and improvement of the website’s content and performance (e.g., by counting the number of visitors and by identifying the most popular pages and links) and a better alignment of commercial proposals with the personal preferences of the user;
- Advertising or commercial cookies: these files collect data related to the user’s profile and can be installed or read by third parties cooperating with the processing manager, to improve the effectiveness of an advertisement or webpage and to better align it with the user’s interests;
A beacon is an invisible graphic file that follows the user’s activity on one or more websites and/or applications. In addition, other commercial cookies can be installed by the advertisers when their ad is displayed.
Commercial cookies contain no personal data. The information gathered with the help of commercial cookies and beacons is used to measure advertising efficiency and to optimise advertising on the website and on other websites belonging to the advertising network or for which the processing manager provides advertising services.
The retention period for cookies varies according to their type: essential cookies are generally stored until the browser is closed, while functional cookies remain valid for one year and performance cookies for four years.
The processing manager authorises the public search engines to visit the website via “spiders”, with the sole aim of making the access to the website possible and making its content accessible via these search engines, without the processing manager granting them the right to archive the website. The processing manager reserves the right to withdraw such authorisation at any time.
To make offers likely to interest the user, the processing manager may conclude agreements with advertising agencies on the internet. These are permitted by the processing manager to place advertisements on the website. When the user visits the website, these advertising agencies may also collect information.
Management of cookies
Most browsers are configured to automatically accept cookies, but all allow customisation of the settings based on the user’s preferences.
If users do not want the website to place cookies on their computer/mobile device, they can easily manage or remove them by changing their browser settings. Users can also programme their browser to send them a notification when they receive a cookie, so that they can decide whether or not to accept it.
If users want to block and/or manage certain cookies, they can do so by following one of the following links, depending on their browser:
- Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies
- Chrome: https://support.google.com/accounts/answer/61416?hl=en
- Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
- Safari: http://support.apple.com/kb/PH5042
If users do not wish to accept cookies from Google Analytics, they can indicate this via the cookie notification that appears when they first visit the website, or by customising the settings of their browser so that it refuses the cookies.
In order not to be tracked by Google Analytics on any website, the user may consult the following website: http://tools.google.com/dlpage/gaoptout. If the user disables certain cookies, some parts of the website may not be accessible and/or usable, or only partially so.
The processing manager implements technical and organisational measures to ensure an appropriate level of safety with regard to the collected data and their processing, given the risks presented by the processing and the nature of the data to be protected. The processing manager takes into account the current state of knowledge, costs of implementation and the nature, scope, context, and purpose of the processing, as well as the risks to the rights and freedoms of the users.
The processing manager has set up the appropriate security measures to protect the information obtained via the website and to prevent its loss, misuse or alteration. Furthermore, the employees of the processing manager are held to a strict duty of confidentiality.
Communication by post, e-mail or telephone
Communication by post
If users send their postal address to the processing manager via the website or otherwise, this information is stored in the address file of the processing manager to answer their questions and keep them informed about the products and services offered by the manager.
Users may at any time consult, correct or delete their data in the data file of the processing manager. In order to do this, they must contact the processing manager at the address mentioned in the "contact details" section of the present Charter, stating their name and exact address (spelled correctly). These data will be removed from the list, which the processing manager shares with other companies or organisations.
Communication by telephone
If users or visitors communicate their phone number to the processing manager directly, via platforms or the website, they may receive a telephone call:
- From the processing manager to provide them with information about goods, services or upcoming events.
If users do not wish to receive these telephone calls (anymore), they can contact the processing manager at the address mentioned in the "contact details" section of the present Charter, stating their name and exact address (spelled correctly). These data will be removed from the list, which the processing manager shares with other companies or organisations.
If users communicate their mobile number to the processing manager via the website, they may be sent messages (SMS/MMS) by the processing manager to answer their questions or to inform them about their online orders.
Communication by e-mail
If users communicate their e-mail address to the processing manager directly, via a communication platform (e.g., immoweb) or the website, they may receive:
- e-mails from the processing manager to provide information about their property, about services or upcoming events (for direct marketing purposes).
If users do not wish to receive such e-mails (anymore), they can contact the processing manager at the address mentioned in the "contact details" section of the present Charter, stating their name and exact address (spelled correctly).
The Robinson List
If users do not wish (any longer) to receive e-mails or telephone calls of any company registered on the Robinson List, they can contact the Robinson service of the Belgian Direct Marketing Association:
- Free phone number: 0800-91 887
- By post: BDMA, Robinson List, Buro & Design Center, Esplanade du Heysel B46, 1020 Brussels.
Objections and complaints
The user can lodge an objection with the Belgian Commission for the Protection of Privacy at the following address:
Commission for the Protection of Privacy
Rue de la Presse, 35
Tel. + 32 2 274 48 00
Fax. + 32 2 274 48 35
The user can also submit a complaint to the Court of First Instance of his place of residence.
For more information regarding complaints and possibilities for redress, the user is invited to consult the following address of the Belgian Commission for the Protection of Privacy:
For any question and/or complaint, in particular with regard to the clarity and accessibility of the present Charter, the user can contact the processing manager:
- By e-mail: www.op.be
- By post: OFFICE DES PROPRIETAIRES, Rue Vilain XIIII, 53-55, 1000 BRUSSELS
Applicable law and competent courts
The present Charter is governed by Belgian law. Any dispute relating to the interpretation or performance of the present Charter shall be governed by Belgian law and shall fall within the exclusive competence of the courts of the judicial district of Brussels.
The processing manager reserves the right to change the provisions of the present Charter at any time. The changes will be published with a notification regarding their entry into force.
The present version of the charter dates from 25.05.2018.