Charter for the protection and processing of personal data




Last update: June 18, 2018

Protecting your personal data and respecting your privacy are of utmost importance to us and we undertake to implement appropriate confidentiality and security measures in compliance with the current EU regulations, including but not limited to the General Data Protection Regulation of April 27, 2016.

We invite our clients and any users of our website to read this Charter carefully in order to be familiar with and understand the processing of personal data.

By browsing our website, users accept the terms and conditions of use and this Charter for the protection and processing of personal data.


I- PERSONAL DATA

Article 1. Controller

The controller of user data processed by the Patrice Besse Real Estate Agency is PB SARL "Patrice Besse Châteaux & Demeures de France" with capital of €9,147, having its head office at 7, rue Chomel 75007 Paris, France. Tel.: +33 (0)1 42 84 80 84.
SIREN Company No.: 343 503 967 RCS Paris.
Professional License for "Transactions" No. CPI 7501 2017 000 016 722, issued by the Chamber of Commerce and Industry of Paris Ile-de-France.
Surety: QBE Insurance (Europe) Limited - 110, Esplanade du Général de Gaulle, Cœur Défense - Tour A 92931 La Défense Cedex, France.

The publication director of this website is Mr. Patrice Besse in his capacity as Managing Director.

For any query related to this Charter and regarding any rectifications, amendments or updates, users are invited to apply to Agence Patrice Besse:
• By sending an email to the Data Protection Officer at delegue.rgpd@patrice-besse.com
• Or by sending a mail to the following address: Agence Patrice Besse – Att.: Délégué à la Protection des Données (Data Protection Officer) – 7 rue Chomel – 75007 Paris, France.


Article 2. Principles applicable to the collection of Personal Data

On a general basis, website users can browse the website without having to provide the Patrice Besse Real Estate Agency with Personal Data. However, when the website or certain services related to the website are used, certain data are collected automatically: the IP address, the references of the browser used, the browsing data (day, time, contents compiled, search terms used, etc.), references of the operating system.

Among the technologies used to collect such information, the Patrice Besse Real Estate Agency can use “php” sessions which store the data of each user by means of a unique session ID. The data collected during those sessions can be kept for up to seven days after the user’s last browsing of the website, and are then deleted.

The Patrice Besse Real Estate Agency will collect information provided by users, in particular:
▪ When they create their personal space on the website of the Patrice Besse Real Estate Agency and/or Application,
▪ When they enter and send contact forms from the website of the Patrice Besse Real Estate Agency and/or Application,
▪ When they browse the website and/or the Application (to view ads, do some research, etc.).


Article 3. Type of personal user data collected by the Patrice Besse Real Estate Agency

The Patrice Besse Real Estate Agency only collects the Personal Data which are necessary to run the process under the implemented procedure, and agrees to apply a high level of protection to such data.

The Patrice Besse Real Estate Agency collects in particular the following data from users or their terminals:
▪ first and last names and gender,
▪ email address,
▪ fixed and mobile telephone numbers,
▪ mail address (number, street, zip code, town/city and country)
▪ For any users of our “Sell”, “Purchase”, “Stay”, “Survey” and “Join Us” sections, information on their plans which will have been provided to the Patrice Besse Real Estate Agency when completing the free text box,
▪ IP address of the terminal or unique ID of the Application they use,
▪ unique username and password,
▪ Information pertaining to the contents browsed and the interactions thereof with the Services, Application and/or Website (browsing history, forms, cookies, etc.).

Article 4. Lawfulness of processing

In pursuance of Article 6.1 of the General Data Protection Regulation, users are informed of the fact that the various types of data processing referred to below are necessary for the performance and provision of the Services offered by the Patrice Besse Real Estate Agency in order to help them in their real estate project, and for the purposes of the legitimate interests pursued by the Patrice Besse Real Estate Agency to improve its Services and better understand the expectations of users, by protecting in particular the users’ rights and Data, and to comply with the statutory and/or regulatory obligations of the Patrice Besse Real Estate Agency (in particular to fight against the financing of terrorism and money-laundering, in conformity with Sections L561-1 et seq of the French Monetary and Financial Code).
The Users’ Personal Data are processed subject to their free, express, informed and unequivocal consent. For minors under 18, such consent must be given by the holder of parental responsibility.

Article 5. Purpose of processing

The User Data processed by the Patrice Besse Real Estate Agency are used for the following purposes:

• To specifically reply to their queries by email or by telephone (information on the properties, sending of ads and/or descriptions, organization of visits, estimates, properties taken for sale, proposals for collaboration),
• To better understand the Users’ property search criteria,
• To enforce the mandate granted by the Users,
• To give them the opportunity to create an account and to provide them with the Services which are available via the Website and/or the Application,
• To email newsletters to them on the activity of the Patrice Besse Real Estate Agency, the organization of events intended for clients, developments on the Website and/or the Application and in the various sections of the Website and/or Application,
• To better know their requirements and make browsing easier and/or to analyze or anticipate data such as their personal preferences, interests, reliability and behavior,
• To conduct client satisfaction surveys,
• To generate general statistics on traffic on its website and/or its Application and on the various sections it contains.

Article 6. Recipients of Personal User Data

For one or more purposes defined in Article 5 and in compliance with the statutes applicable to the Patrice Besse Real Estate Agency, the data can be disclosed to the following persons:
• To the executive body and the duly authorized and qualified staff of the Patrice Besse Real Estate Agency who may have to process the Data,
• To associates (independent sales agents) of the Patrice Besse Real Estate Agency involved in the sale or contemplated sale of a property according to its geographic location or involved in a property search for a purchasing prospect on the basis of his search criteria,
• To the IT service providers of the Patrice Besse Real Estate Agency responsible in particular for providing a user-friendly service and measuring the number of visitors of the Website and/or Application,
• To the administrative or judicial authorities provided for under the laws of France,
• To real estate agencies abroad which are under a partnership with the Patrice Besse Real Estate Agency and are involved in the contemplated sale of a property or in a property search for a purchasing prospect
on the basis of the geographic location of properties, The duly authorized staff and the associates of the Patrice Besse Real Estate Agency are bound by a duty of discretion.

The Patrice Besse Real Estate Agency may not sell any collected Personal Data to third parties.
The Personal Data collected from users of the website shall be exclusively kept in France and may not be transferred outside the European Union.

In the event the Patrice Besse Real Estate Agency uses affiliates or service providers situated outside the European Union, it agrees to check if appropriate measures have been implemented to protect the user’s Personal Data appropriately


Article 7. Retention times for Personal User Data

The Patrice Besse Real Estate Agency shall keep the Data for as long as it is necessary to meet the users’ requirements. Failing any concrete outcome, the Data will be deleted upon expiry of a period of 5 years as from their last contact with the Patrice Besse Real Estate Agency (changes in the user’s account, browsing of the Website and/or Application, entry of a form on the Website and/or Application, etc.). The data may also be kept for an extra period of two years, with restricted and exceptional access thereto, as evidence in compliance with the statutory and regulatory obligations of the Patrice Besse Real Estate Agency. Accounting documents and records are kept for 10 years as supporting evidence.


II - USERS’ RIGHT TO OPPOSE, HAVE ACCESS TO, RECTIFY AND DELETE DATA

Article 1. Users’ rights

Subject to the limitations laid down by the laws in force and provided users give the Patrice Besse Real Estate Agency evidence of their identity, Users enjoy the following rights:
- Right to be informed on how their Personal Data will be processed,
- Right to have access to the Personal Data processed by the Patrice Besse Real Estate Agency,
- Right to receive electronically a copy of the Personal Data they have provided the Patrice Besse Real Estate Agency with, free of charge,
- Right to delete and rectify their Personal Data (however the Patrice Besse Real Estate Agency may keep certain Personal Data if required by law or for legitimate reasons),
- Right to oppose the use of their Personal Data for direct marketing purposes or for types of processing which are different from the ones they have agreed to (unless to comply with the legal obligations incumbent on the Patrice Besse Real Estate Agency),
- Right to limit the processing of Personal Data to what is strictly necessary
▪ In the event a user challenges the accuracy of Personal Data,
▪ Or the user can demonstrate that the processing thereof is unlawful and demands that their use be limited instead of having the data deleted,
▪ In the event the Patrice Besse Real Estate Agency no longer needs the user’s Personal Data but may still need them for the establishment, exercise or defense of legal claims,
▪ In the event the user is opposed to any form of processing based on the legitimate interests of the controller, during the verification phase aiming to know whether the legitimate reasons pursued by the controller prevail over those of the user,
- Right to the portability of Personal Data by which the user is authorized to obtain from the Patrice Besse Real Estate Agency all of his/her Personal Data in a structured format commonly used and legible by a machine, and to communicate such Data or cause them to be communicated to another controller,
- Right to determine what to do with his/her Personal Data after his/her death by laying down general or specific instructions that the Patrice Besse Real Estate Agency agrees to abide by. Failing any such instructions, the Patrice Besse Real Estate Agency will give the heirs the faculty to exercise a number of rights, including but not limited to the right to have access to the data if need be for the purpose of settling the succession of the deceased, and the right to oppose the use thereof.
In the event a User exercises his/her right to oppose the use of his/her Data, the Patrice Besse Real Estate Agency shall cease to process his/her Data, unless there are legitimate and imperative reasons to process them or to ensure the establishment, exercise and defense of his/her legal claims, in compliance with the General Data Protection Regulation. Should the case arise, the Patrice Besse Real Estate Agency shall inform the User of the reasons why the rights he/she wishes to exercise cannot be entirely or partially fulfilled.

In the event a User exercises his/her right to oppose the use of his/her Data, the Patrice Besse Real Estate Agency shall cease to process his/her Data, unless there are legitimate and imperative reasons to process them or to ensure the establishment, exercise and defense of his/her legal claims, in compliance with the General Data Protection Regulation. Should the case arise, the Patrice Besse Real Estate Agency shall inform the User of the reasons why the rights he/she wishes to exercise cannot be entirely or partially fulfilled.

Article 2. Exercise of Users’ rights

To exercise their rights, Users just need to send a simple mail or an email to the Patrice Besse Real Estate Agency (see details in Article 1, Title I, of this Charter) or to contact the Patrice Besse Real Estate Agency via the “Contact Us” section on the website and attach an identity document to the request (please state your first and last names and email address).

It must be noted that the CNIL (French national information science and liberties commission) makes type letters available on its website (www.cnil.fr) to help them to exercise their rights.

Prior to processing a user’s request, the Patrice Besse Real Estate Agency shall check the identity of the same against an identity document that must be attached to the request.

The Data Protection Officer will answer the query promptly and at any rate within one month of being provided with an identity document.

If need be, the above time period may be extended by two extra months on the basis of the complexity and number of queries. The Patrice Besse Real Estate Agency agrees to notify users of the extended delays and reasons therefor.


III - SECURITY OF PERSONAL USER DATA

The Patrice Besse Real Estate Agency agrees to use all reasonable efforts to secure and protect the Data of Users of its Website and/or Application and of its Services, which it will collect and process (including by using a firewall, verifying physical accesses to the data centers, accreditations, etc.)

Where it is necessary and allowed to disclose Personal Data to third parties, the Patrice Besse Real Estate Agency shall make sure that said third parties will grant the relevant Personal Data the same level of protection as the one given by the Patrice Besse Real Estate Agency, and shall demand contractual guarantees in order that the Personal Data may be exclusively processed for purposes approved by the users and with the required levels of confidentiality and security.

The Patrice Besse Real Estate Agency has implemented technological and organizational measures for a secure retention of Personal Data throughout the period required to exercise the purposes pursued.
The attention of users is drawn to the fact that there is no infallible storage or transmission technology.

Therefore, in the event of proven compromise of Personal Data likely to put the rights and liberties of users at high risk, the Patrice Besse Real Estate Agency shall notify the competent supervisory authority of such violation in conformity with the terms of the applicable regulations.

It will be the users’ responsibility to act prudently in order to prevent any unauthorized access to their Personal Data, in particular, to their IT and digital terminals (computer, smart phone, tablet in particular).

The Website may from time to time contain links to websites of partners or third party companies who have their own data protection charters.

The Patrice Besse Real Estate Agency has no control whatsoever over the contents of those websites and disclaims any liability as to the use of the information collected when users click on those links.

The Patrice Besse Real Estate Agency therefore recommends that users should become familiar with the data protection policies implemented by the editors of such websites before they send them any personal information.


IV – AMENDMENT TO THE PERSONAL DATA PROTECTION CHARTER

The Patrice Besse Real Estate Agency reserves the right to make amendments to this Personal Data Protection Charter at any time in order to comply with changes in statutes and regulations and/or to improve its policy about the processing and protection of Personal Data.

In the event of any amendment hereto, a new version shall be updated and put on line with the date of the “last Update”.


V - SETTLEMENT OF DISPUTES RELATED TO THE PROCESSING OF DATA

This Charter is governed by the laws of France, including provisions applicable to Private International Law.
Should a dispute arise between the Patrice Besse Real Estate Agency and a User as to data processing, the User may send a claim to the Patrice Besse Real Estate Agency (see details in Article 1, Title 1, of this Charter). The Patrice Besse Real Estate Agency shall use its best efforts to find a solution to the satisfaction of the User in order to abide by the applicable regulations.
Failing any reply from the Patrice Besse Real Estate Agency or should the dispute persist despite the proposal made by the Patrice Besse Real Estate Agency, the User will have the faculty, in compliance with the General Data Protection Regulation, to make a claim to the CNIL (French national information science and liberties commission) or to the supervisory authority of the Member State of the European Union where the User usually resides.



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