Information on the Rights of Data Subjects

 

Our real estate agency AXIS REAL takes all our statutory duties towards you, our clients, very seriously. You can be sure that your personal data are save with us.

AXIS REAL real estate agency and all companies of the AXIS REAL Group (Axis real, spol. s r.o., Axis real Bratislava, spol. s r.o. a Axis Real Estate, s.r.o.) (hereinafter only as “data controller“) guarantee the protection of personal data of natural persons in accordance with requirements of the 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) and the Act no. 18/2018 Coll. on the protection of personal data, as amended.

Information on the Rights of Data Subjects

In accordance with the Act no. 18/2018 Coll. on the protection of personal data (hereinafter only as the “Act“) and 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")

I.
Right to Information (Section 19 of the Act; Article 13 of GDPR)

For the purpose of fulfilment of information duty of the data controller, which corresponds with the right of  data subject to receive information, the data controller shall provide the data subject with the following information in accordance with Section 19 of the Act and Article 13 of GDPR:

1. Purpose of processing of personal data of a data subject by the data controller:

a) conclusion of a Purchase Contract, Lease Contract, Brokerage Contract, Agreement on Payment of Deposit, issuance of Handover Protocol, Petition with Cadastre of Immovables, Information, Instructions and consent of the consumer when concluding off-premises and distance contracts, particularly preparation steps for concluding a particular contract or other aforesaid document, registration of a contract or related documents, including all their changes/amendments in the internal system of the data controller, performance of a contract and control of the performance by the data subject, responding to claims and complaints, collection of receivables arising with respect to breach of contract –the legal framework for the processing of personal data for this purpose is the Article 6 (1) b) of GDPR, i.e. performance of a particular contract,

b) drafting of Property Showing Report – the legal framework for the processing of your personal data for this purpose is Article 6 (1) f) of GDPR, i.e. our legitimate interest. Our legitimate interest here is a proper and undisturbed performance of our entrepreneurial activity which could not be exercised if you communicated with the owner regarding purchase or lease of a real estate without our participation despite the fact that the particular real estate was introduced to you by our company,

c) processing of personal data for the purpose of advertising through web real estate portals in realty CRM software, i.e. offer of real estates with the aim of selling or leasing them to a third party, whereas relevant CRM software include also personal data of data subject as the owner of a real estate due to simpler identification for the data controller; such data are, however, not visible to third parties – the legal framework for the processing of personal data for this purpose is Article 6 (1) a) of GDPR, i.e. the consent of a data subject,

d) accounting and issuance of accounting documents, particularly administration and invoicing of services provided upon contracts, processing of accounting, tax documents and invoices – the legal framework for the processing of personal data for this purpose is Article 6 (1) c) of GDPR, i.e. performance of duties in accordance with special acts. Particularly the Act no. 431/2002 Coll. on Accounting, as amended, Act no. 222/2004 Coll. on VAT Tax, as amended,

e) postal records and maintenance of registry, i.e. registration and administration of postal deliveries, post delivered and sent from and to an electronic mailbox, and registration and archiving of contracts, accounting, tax and other related documents in internal systems of the data controller - the legal framework for the processing of personal data for this purpose is Article 6 (1) c) of GDPR, i.e. fulfilment of our statutory duty in accordance with special acts, particularly the Act on Accounting and Act no. 395/2002 Coll. on Archives and Registries, as amended,

f) advertisement and marketing of services and products of the data controller, particularly sending newsletters about our products and services and the current offer of real estates, etc. - the legal framework for the processing of personal data for this purpose is Article 6 (1) a) of GDPR, i.e. the consent of a data subject.

2. We will store your personal data for a period necessary for fulfilment of the defined purposes of personal data processing but no longer than for the term of the respective contract or settlement of mutual duties arising therefrom. We store invoices, as well as other tax and accounting documents, in accordance with relevant legal regulations for the period of 10 years after the year they are related to. We store personal data processed for purposes of advertising and marketing for the period of 10 years after we are provided with them. Your personal data shall be deleted after the lapse of this period. If you contest our processing of your personal data for the purposes of direct marketing of our services and products any time during our contractual relationship, we will stop processing your personal data for this purpose.

3. We inevitably need your personal data, because otherwise no contractual relationship between you and our company can arise, as personal data are an inseparable feature of contracts concluded between you and our company in terms of the Act no. 40/1964 Coll. the Civil Code, as amended and the Act no. 513/1991 Coll. the Commercial Code, as amended. We would not be able to provide you with our realty services without your personal data. If you, however, decide not to provide us with your phone number or e-mail address, that does not prevent the establishment of contractual relationship or provision of realty services, yet, our mutual communication would not be as efficient as if you provide the aforesaid data.  

4. All your personal data shall be stored in our internal systems and will be further provided to various cooperating subjects (intermediaries), namely parties interested in the sale/purchase/lease of real estates, auditors, legal counsels, notaries, experts and assessors of value of real estates, tax, accounting and financial intermediaries, banks, insurance companies, persons conducting advertising and marketing activities for the data controller, for advertising purposes, as well as operators of web realty portals in realty CRM software in the extent necessary for the performance of their work or rights, and the aforesaid subjects are obliged to keep the provided or available information confidential in the scope and under the conditions agreed in written contracts that we conclude with them or set forth by generally binding legal regulations.

5. If we process your personal data also subject to a consent, you are entitled to withdraw your consent with the processing of your personal data. Withdrawal of a consent has no effect on legitimacy of the processing of personal data subject to a consent before the withdrawal. You may withdraw your consent in the same way as you have granted it, i.e. in writing.

II.
Further Rights of Data Subjects

1. Right to access to personal data (Article 15 of GDPR)

You have the right to obtain a confirmation from us on whether we process your personal data, and if we do, you have the right to gain access to such personal data (copies thereof), as well as to additional information in the extent set forth by Article 15 of GDPR.

In most cases we provide you with such copies of your personal data and additional information in writing, unless you request other form. If you request provision of such information by electronic means, data shall be provided electronically if technically possible.

2. Right to rectification (Article 16 of GDPR)

We are adopting reasonable measures in order to provide accuracy, completeness and up-to-dateness of information about you that is at our disposal. This right, however, entitles you to require from us that we, without undue delay, rectify your incorrect personal data or updated your personal data if inaccurate, incomplete or not up-to-date.  

Please note that you are obliged to provide us only with such personal data that are complete and accurate, whereas you are liable for lack of accuracy of any personal data you have provided us with.

3. Right to erasure (right to “be forgotten“) (Article 17 of GDPR)

You have the right to seek erasure of your personal data from us without undue delay after exercising this right, e.g. when your personal data are no longer needed for the purpose for which we have obtained or processed it, when you object processing of personal data in accordance with Article 21 (1) of GDPR, or if your personal data are processed unlawfully. However, this right has to be assessed when considering all relevant circumstances. For example, we may have certain legal and regulatory duties, which would mean it would not be possible for us to satisfy your request.

4. Right to restriction of processing of personal data (Article 18 of GDPR)

Due to certain statutory reasons you may request that we stop processing your personal data, e.g. when you contest accuracy of your personal data at our disposal (however, only during the period when we are able to verify the accuracy of your personal data), object against processing of personal data by automated decision making, or when processing of your personal data is unlawful and you oppose the erasure of your personal data and request the restriction of their use instead or when you oppose the erasure of your personal data that we as the data controller don´t need any more and want to erase them, but you need them (e.g. for purposes of litigation).

5. Right to data portability (Article 20 of GDPR)

You have the right to receive from us your personal data you have already provided to us in a structured, commonly used and machine-readable format and you have the right to request from us to transmit such data to another controller in accordance with statutory requirements; exercising of this right shall not affect your right to erasure.

Right to data portability, however, concerns only personal data that we obtained from you upon consent or a contract where you are a party.

6. Right to object to processing of personal data (Article 21 of GDPR)

If processing of your personal data is based on our legitimate interest or if we process your personal data for the purpose of direct marketing, you have the right to object to processing of your personal data.

If you file an objection and we fail to demonstrate legitimate interest in the processing of your personal data, or if you object to the processing of your personal data for the purpose of direct marketing, we will no longer process your personal data for such purposes.

7. Right to ineffectiveness of automated individual decision making including profiling (Article 22 of GDPR)

We don´t exercise automated decision making or profiling when processing your personal data.

8. Right to seek judicial remedy concerning protection of personal data (Section 100 of the Act; Article 77 and 79 of GDPR)

If you are of the opinion that the processing of your personal data is in discrepancy with the Act and GDPR, you may lodge a petition concerning the protection of personal data with the Office for Personal Data Protection, seated at Hraničná 12, 820 07 Bratislava, Slovak Republic, ID no.: 36 064 220 (hereinafter only as the “Office“) or other relevant body mainly in a member state of your common residence, place of work or place of an alleged breach.

The petition shall contain as follows:

1. first name, surname, postal address and signature of the petitioner,
2. identification of the respondent, including the first name, surname, permanent residence or business name, registered seat and ID number if assigned,
3. subject matter of the petition and identification of rights that were supposedly breached while processing,
4. evidence to support statements contained in the petition,
5. copy of a document or other evidence proving exercising of right in terms of the second part of the second chapter of the Act or in terms of GDPR if the data subject has exercised such a right, or statement of special reasons for not exercising such a right if the petition has been lodged by the data subject.

A template of the petition to be lodged with the Office is published on the website of the Office.

Your right to seek the protection of your rights upon a petition to the Office shall not be affected when you simultaneously seek justice at a Slovak court of relevant subject matter and territorial jurisdiction when you are of the opinion that your rights set forth by GDPR were breached due to the processing of your personal data.

This document comes into effect on: 25 May 2018