Privacy statement

This is a translation provided for your convenience. In case of any difference between this translation and the Dutch version, the Dutch version prevails.

In this privacy statement we explain how Makelaarshuis Helmond handles personal data.

Makelaarshuis Helmond is an estate agency that sells homes in Helmond, Eindhoven and the surrounding area itself and guides buyers in their purchase. This means that we collect and assess requests from consumers, and that we may share data with parties involved in carrying out your instruction, such as appraisers, mortgage advisers, notaries and photographers.

Where this privacy statement refers to "Makelaarshuis Helmond", "we", "us" or "our", this means:

Makelaarshuis Helmond is responsible for the processing of personal data as described in this privacy statement.

1. What does Makelaarshuis Helmond do?

Makelaarshuis Helmond is an estate agency. We handle the sale of homes in Helmond, Eindhoven and the surrounding area, we guide buyers in purchasing a home and we carry out valuations. Through our website, forms, phone, e-mail, WhatsApp and social media channels, we receive requests from people who, for example:

• want to sell their home;
• would like to receive a valuation;
• are looking for guidance in buying a home;
• are interested in a home we have for sale;
• have a question about the housing market or about our services.

We carry out these assignments ourselves. We do not sell your data and we do not trade contact details.

Where this is necessary or useful for your request, we may share data with parties such as appraisers, mortgage advisers, notaries or photographers. This only happens to the extent necessary to carry out the assignment.

When we take on a home for sale, we show that home on our website and on property platforms such as Funda. What we publish in doing so is described in article 10.

2. What personal data do we process?

Depending on your request, we may process the following personal data, among others:

• name;
• address details;
• phone number;
• e-mail address;
• details about your home;
• details about your current residential address;
• details about your wish to sell or buy;
• details about your preferred selling timeframe;
• data you enter via forms;
• data you provide to us by phone, by e-mail, via WhatsApp, social media or in any other way;
• technical data when you visit our website, such as IP address, browser data, device data and cookie data, where applicable.

We only process data that is necessary to handle your request, carry out your instruction and improve our services.

3. When you submit a sales request or valuation request

When you submit a request through Makelaarshuis Helmond for selling advice, a valuation or contact with an estate agent, we may record the following data:

• your name;
• your address;
• your phone number;
• your e-mail address;
• the address of the property;
• property details such as type of home, living area, plot size, year of construction and other property information;
• information about your plans to sell;
• information needed to assess your request and prepare a valuation;
• other information you provide to us voluntarily.

We use this data to process your request and, where necessary to carry it out, to share it with the parties involved.

4. When you submit a purchase request

When you submit a request through Makelaarshuis Helmond for purchase advice or contact with a buying agent (aankoopmakelaar), we may process the following data, among others:

• your name;
• your phone number;
• your e-mail address;
• your current place of residence or residential address;
• your search area;
• your housing preferences;
• your budget indication, if you provide it;
• other information you provide to us voluntarily.

We use this data to handle your request and, if you instruct us, to guide you in searching for, viewing, making an offer on and buying a home.

5. What do we use your data for?

Makelaarshuis Helmond uses personal data for the following purposes:

• receiving and assessing your request;
• contacting you in response to your request;
• preparing a valuation of your home;
• carrying out a sales or purchase instruction you give us;
• presenting your home on our website and on property platforms such as Funda;
• conducting negotiations and drawing up a purchase agreement (koopovereenkomst);
• engaging service providers needed to carry out your instruction, such as a photographer, a measuring company, an energy label adviser or the notary;
• showing sold homes on our website as references, without your personal data;
• using photos and presentation material of homes we have handled for our own marketing and promotion;
• improving our services, website and marketing;
• carrying out analyses and reports;
• complying with legal obligations;
• securing our website and systems;
• sending news, tips or offers where this is permitted.

Every processing of personal data must have a valid legal basis under the GDPR (AVG), such as consent, performance of a contract, a legal obligation or legitimate interest.

6. Legal bases for processing

We process your personal data on the basis of one or more of the following legal bases:

Consent

For example, when you sign up for our newsletter, or when you give us permission to use photos of your home as a reference after the sale has been completed.

Performance of a request or contract

For example, when you ask us for a valuation, or when you instruct us to sell your home or to guide you in a purchase.

Legitimate interest

For example, to improve our services, to secure our systems, to stay in touch with existing clients and to use photos and presentation material of homes we have handled for our own marketing, as described in article 10.

Legal obligation

For example, for our accounts and tax record-keeping obligations, and for the identification and record-keeping obligations that apply to estate agents under the Dutch Anti-Money Laundering and Anti-Terrorist Financing Act (Wwft).

Where we process your data on the basis of consent, you can withdraw this consent at any time.

7. Who do we share your data with?

We do not sell your personal data and we do not pass it on for the commercial purposes of third parties.

We only share your data when this is necessary to carry out your instruction or when the law requires us to do so. Depending on your situation, this may involve:

• the notary who handles the transfer of ownership;
• property platforms such as Funda, on which we present your home;
• a photographer, measuring company or energy label adviser we engage for your home;
• a building surveyor, when a building survey is carried out;
• the estate agent or buyer on the other side of the transaction, to the extent necessary for the negotiation or the purchase agreement;
• our IT, hosting and e-mail service providers, who make our systems technically possible;
• our bookkeeper and accountant, for the purpose of our accounts;
• supervisory authorities or other bodies, when we are legally required to do so.

We never share more data than is necessary for the purpose concerned.

8. Own responsibility of other parties

Some parties we share data with determine for themselves how they process that data. The notary and a property platform such as Funda are examples of this. They are themselves responsible for that processing. We advise you to consult that party's privacy statement.

Where a party processes personal data solely on our behalf, such as our hosting or e-mail service provider, we make agreements with that party about security, confidentiality and the processing of personal data.

9. Identification under the Wwft

Estate agents who act as intermediaries in the purchase and sale of real estate have a legal obligation under the Dutch Anti-Money Laundering and Anti-Terrorist Financing Act (Wet ter voorkoming van witwassen en financieren van terrorisme, Wwft). When we carry out a sales or purchase instruction for you, we are therefore required to establish and verify your identity.

In doing so, we record the data prescribed by law, such as your name, date of birth, address and the details of the identity document you use to identify yourself. We use this data solely for this legal purpose and do not share it with others, except when the law requires us to do so.

We are legally required to retain this data for the period prescribed by the Wwft, even if you ask us to delete your data.

10. Property presentation and use of photos and presentation material

When we take on a home for sale, we show that home on our website and on property platforms such as Funda, and afterwards as a home we have sold.

In doing so, we may publish property information such as:

• street name or town;
• property type;
• asking price;
• photos;
• features;
• short description;
• link to the property listing on Funda.

We do not make any personal data of sellers public in this. We do not mention the names of occupants and do not publish photos in which people are recognisable, unless you have given your explicit consent.

After a home has been sold, we may continue to show it on our website as a reference.

Use of photos and presentation material for our marketing

Presentation material is produced for the sale of your home: photos, floor plans, videos, texts and sometimes a brochure. This material is produced on your instruction and the costs are borne by you. We use it first and foremost for presenting and selling your home.

In addition, we may use this material for our own marketing and promotion, including after the sale has been completed. Think of our website, brochures and printed material, our social media channels such as Facebook, Instagram, LinkedIn and YouTube, advertisements, newsletters and presentations in which we show which homes we have handled.

We record this arrangement in the service agreement you enter into with us. Insofar as a legal basis is also required, we base this on our legitimate interest in promoting our services.

We do not mention the names of occupants and do not use images in which people are recognisable, unless you have given your explicit consent. The address of the property may be visible, as it was also included in the public sales listing.

If you do not want us to use the material of your home for our marketing, please let us know via info@makelaarshuishelmond.nl. We will honour that request and remove the material from our communications as far as reasonably possible. For material that has already been printed or advertisements that have already been placed, this is not always possible retroactively.

11. Newsletters and commercial messages

Makelaarshuis Helmond may send you newsletters, tips, offers or commercial messages if you have given your consent or where this is permitted by law.

You will not be automatically subscribed to commercial newsletters without a valid legal basis.

Every commercial e-mail gives you the option to unsubscribe easily. You can also unsubscribe by sending an e-mail to info@makelaarshuishelmond.nl.

For digital direct marketing, the general rule is that consent is required, unless a legal exception applies.

12. Cookies and tracking

Makelaarshuis Helmond uses cookies and similar technologies on its website. We may use:

Functional cookies

These are needed for the website to work properly.

Analytical cookies

These help us gain insight into how our website is used.

Marketing and tracking cookies

These may be used for advertising, remarketing, conversion tracking, social media campaigns and online marketing, for example via Google, Meta/Facebook, Instagram or similar platforms.

For cookies that require consent, we ask for your consent in advance via a cookie banner or cookie settings. Tracking cookies and marketing cookies generally require prior consent.

13. Social media

Makelaarshuis Helmond may use social media platforms such as Facebook, Instagram, LinkedIn, YouTube and other platforms.

When you contact us via social media, respond to posts, share posts or follow our page, personal data may be processed by both Makelaarshuis Helmond and the social media platform concerned.

We do not have full control over the way these platforms process personal data. Please therefore also consult the privacy statement of the platform concerned.

14. Security of personal data

Makelaarshuis Helmond takes appropriate technical and organisational measures to protect personal data against loss, misuse, unauthorised access, unwanted disclosure and unauthorised alteration.

We restrict access to personal data to people and parties who need this data to carry out their work.

Although we handle personal data with care, no system can guarantee complete security. Should a data breach unexpectedly occur, we will act in accordance with the applicable legal obligations.

15. Retention periods

We do not keep personal data longer than necessary for the purpose for which it was collected. The retention period may depend on:

• the nature of the request;
• whether the request led to an instruction;
• administrative and tax obligations;
• the retention obligation under the Wwft;
• possible disputes or liability.

As a guideline, we apply the following. Requests that do not lead to an instruction are kept for a maximum of two years. Files of completed sales and purchase instructions are kept for seven years, in view of our tax retention obligation and possible liability. Data we record under the Wwft is kept for the period prescribed by law.

Personal data that is no longer needed is deleted or anonymised.

16. Your privacy rights

Under the GDPR (AVG), you have various rights. You can ask us to:

• give you access to the personal data we process about you;
• correct your data if it is inaccurate or incomplete;
• delete your data;
• restrict the processing of your data;
• object to certain processing;
• transfer your data to you or to another party;
• withdraw consent you have previously given.

You can send a request to info@makelaarshuishelmond.nl. Please state your name and clearly indicate what your request is. We may ask you for additional information to verify your identity.

In principle, we respond to your request within one month. If a request is complex or there are several requests, this period may be extended as permitted by law.

17. Complaints

If you have a complaint about the way Makelaarshuis Helmond handles your personal data, we ask you to contact us first via info@makelaarshuishelmond.nl.

You also have the right to lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).

18. Changes to this privacy statement

Makelaarshuis Helmond reserves the right to amend this privacy statement. The most recent version is always available on our website. We therefore advise you to consult this privacy statement regularly.

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