The protection of personal data is very important to us. For this reason, we continuously analyze all processes of personal data and ensure their compliance with 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 on the free movement of such data, repealing Directive 95. / 46 / EC (General Regulation on the Protection of Personal Data) (hereinafter referred to as the "Regulation"), which is binding on all Member States of the European Union, as well as Act no. 18/2018 Coll. on Personal Data Protection and on Amendments to Certain Acts (hereinafter referred to as the “Act”).
In order to fulfill the information obligation of the operator, which corresponds to the right of the person concerned to information, the operator in accordance with the provisions of § 19 of the Act and Art. 13 of the Regulation provides the person concerned with the following information:
1. What are our identification and contact details?
In order to exercise all and any of your rights regarding the protection of personal data, we would like to provide you with our identification and contact details:
Absolute Real, spol. s r. o.
Registered seat: Sekurisova 1920/ 4, 841 02 Bratislava
CRN: 54 265 509
(hereinafter referred to as the "operator")
Operator contact details:
for postal communication:
- correspondence address: Absolute Real, spol. s r. o., Sekurisova 1920/ 4, 841 02 Bratislava, Slovakia
for electronic communication:
- e-mail: firstname.lastname@example.org
for telephone communication:
- telephone contact: 0948 046 680
Office for Personal Data Protection of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27, Tel: 02/32 31 3214, e-mail: email@example.com (hereinafter referred to as the "supervisory body")
2. Responsible person
Due to the fact that the obligation in question does not follow from the legislation, we have no designated person in the field of personal data protection, and we fulfill all and any obligations and commitments in this area ourselves with the highest professional care you can rely on.
3. What is the purpose and legal basis of the processing of personal data?
The operator processes the personal data of the data subject or her personal data may be processed for the following purposes:
- Contractual and pre-contractual relations - clients - elaboration of documents for realization of real estate business - conclusion of Purchase Agreement, Lease Agreement, Mediation Agreement, Deposit Agreement, elaboration of Handover Protocol, Proposal for Deposit, etc. In particular, preparation of the conclusion of the relevant contract or other documents, records of the contract and related documents, including all their changes in the operator's internal system, performance of the contract and control of its performance by the person concerned, handling complaints and grievances, recovery of claims arising .
The legal basis is the provision of Art. 6 par. 1 letter b) Regulations, i. performance of the relevant contract.
- Elaboration of the Inspection Record - processing of personal data of the person concerned, which in this case is a potential buyer, resp. tenant, in order to confirm that the property was presented to him through our company.
The legal basis is the legal basis is the provision of Art. 6 par. 1 letter f) Regulations, t. j. legitimate interest of the operator. Our legitimate interest in this case is the proper and undisturbed performance of our business, which we could not carry out if you were to purchase, respectively. they communicated with the owner without our participation, even though the property in question was presented to you by our company.
- Complaint handling - processing of personal data of the person concerned, the client who is making a complaint
The legal basis is Article 6 (2). 1 letter c) Regulations - the processing of personal data is carried out in fulfillment of legal obligations
- Evidence of the supply and demand database - processing of personal data of the person concerned, which in this case is a potential buyer, seller, respectively. lessee or lessor, for the purpose of including this client in the corporate database of clients looking for or offering real estate for sale or rent.
The legal basis is Article 6 (2). 1 letter a) Regulations ie. the data subject has consented to the processing of his or her personal data
- Realization of advertising through internet real estate portals in real estate CRM software - realization of advertising through internet real estate portals in the form of offering real estate for the purpose of their sale resp. lease to a third party. In the relevant real estate CRM software, the personal data of the person concerned as the owner of the property are also listed for the individual properties for the sake of easier identification for the operator, but they are not visible to third parties.
The legal basis is Article 6 (2). 1 letter b) of the Regulation ie. the processing of personal data is necessary for the performance of the contract
- Processing of data from contact forms on social networks and websites - this includes responding to messages, requests and inquiries from potential clients who have contacted us via the contact online form and conducting proper business communication.
The legal basis is the consent of the data subject to the processing of personal data pursuant to Art. 6 par. 1 letter (a) Regulations.
- Accounting and processing of accounting documents - especially administration and invoicing of services provided on the basis of contracts, processing of accounting, tax documents and invoices.
The legal basis is the provision of Art. 6 par. 1 letter c) Regulations, i. fulfillment of obligations according to special regulations, especially Act no. 431/2002 Coll. on accounting as amended, Act no. 222/2004 Coll. on value added tax, Income Tax Act no. 593/2003 as amended
- Contractual and pre-contractual relations - intermediaries - for the purpose of concluding commercial relations with real estate agents, tipsters, etc.
The legal basis is Article 6 (2). 1 letter b) of the Regulation ie. processing of personal data is necessary for the performance of the contract and Article 6, para. 1. letter c) of the Regulation ie. fulfillment of legal obligations: Act no. 513/1991 Coll. Commercial Code
- Publication of photographs and other data on the Internet - these are photographs and other data about the persons concerned - real estate agents on the website and on other communication channels in the presentation and business activities of the operator
The legal basis is Article 6 (2). 1 letter a) Regulations on the processing of personal data shall be carried out with the consent of the data subject
- Administration of archiving, registration of mail and complaints - processing of personal data of the person concerned by the operator in order to ensure the administration of the registry - registration and archiving of contracts, accounting, tax and related documents in the internal systems of the operator. Records of incoming and outgoing mail, records of electronic mail.
The legal basis is the provision of Art. 6 par. 1 letter c) Regulations, t. j. fulfillment of our legal obligation according to special regulations, especially according to the Act on Accounting and Act no. 395/2002 Coll. on archives and registries and on the amendment of certain laws.
- Resolution of the GDPR data subject - processing of the data subject's personal data by the operator exercising the rights under the Regulation for the purpose of processing them (requests). The processing concerns ordinary personal data. It concerns the person concerned exercising his rights under the Regulation.
The legal basis is the fulfillment of legal obligations by the operator in accordance with EU legislation (Regulation 679/2016) and Act no. 18/2018 Coll. On personal data protection) according to Art. 1 letter c) Regulations.
- Fulfillment of legal obligations in terms of AML - goes e.g. (b) identifying the end-user of the benefits, obtaining information on the purpose and intended nature of the transaction or business relationship, determining whether the client or the end-user of the client's benefits is a politically exposed person or a sanctioned person, determining the origin of funds or assets relationship, determining whether the client is acting in his own name, performing ongoing monitoring of the business relationship.
The legal basis is the provision of Art. 6 par. 1 letter c) Regulations, t. j. fulfillment of our legal obligation according to § 7, 8 and 10 of Act no. 297/2008 Coll. on protection against money laundering and terrorist financing
4. For how long do we keep your personal data?
We store your personal data only for the necessary period of time in accordance with the requirements of Act no. 395/2002 on archives and registries. Personal data, the retention of which is necessary for the fulfillment of all our obligations arising from the statutory Regulation, we must retain for the period specified by the relevant legal regulation, regardless of your consent. For tax and accounting documents, this period is usually 10 years. After the expiration of the retention period of personal data, we ensure their deletion or anonymization, in full compliance with the Regulation.
5. To whom is your personal data provided?
In connection with the performance of the contract, your personal data may be provided to the extent necessary to third parties, for example:
- real estate agent,
- a lawyer for the purpose of preparing or assessing the contractual documentation (for example, for the preparation of a purchase contract), or for carrying out the authorization of a contract,
- a notary in order to prepare a notarial record or a bank in order to prepare a binding,
- an expert for the purpose of drawing up an expert opinion or energy certificate for real estate,
- a financial intermediary for the purpose of arranging a loan for the acquisition of real estate,
- the cooperating real estate agency, if it represents the other party to the joint business case,
- to the relevant district office (cadastral department) when submitting a proposal for registration in the real estate cadastre.
Your personal data will be provided to our cooperating entities only to the extent strictly necessary for the performance of their work or rights, and which at the same time in relation to the information provided or made available will be to the extent and under the conditions agreed in a written agreement with them.
6. From where we obtain personal data:
- directly from the persons concerned when concluding contracts;
- from persons who have voluntarily provided the company with their personal data and given its consent to their processing (by e-mail, special consent, via a website, a record of the inspection performed, etc.)
- from publicly available registers, lists and records.
7. What are the consequences of a possible refusal by the data subject to provide personal data to the controller:
- If the legal basis for the processing of the data subject's personal data is the fulfillment of the controller's legal obligation and the data subject refuses to provide him with personal data, this may lead to, for example, damage which we can claim against the data subject (eg non-compliance was sanctioned). In such a case, the provision of personal data of the data subject is a legal requirement and the data subject is obliged to provide them. Otherwise, the failure to provide personal data to the data subject as required by law may result in the non-conclusion of a contractual relationship with him or her, in which case the provision of personal data is voluntary.
- If the legal basis for the processing of personal data of the data subject is the conclusion or performance of a contractual relationship with the controller and the data subject refuses to provide him with personal data, it will not be possible to enter into a contractual relationship with the controller. The provision of personal data of the data subject is voluntary.
- Where the legal basis for the processing of the personal data of the data subject is a legitimate interest of the controller in accordance with Article 6 (1). 1 letter f) The person concerned is obliged to tolerate this processing by regulation, but has the right to object to it.
- If the legal basis for the processing of personal data of the data subject is his consent to the processing of personal data and the data subject refuses to grant it to the controller, it will not be possible to process your personal data for the intended purpose and act appropriately by the controller. However, the provision of personal data of the data subject is voluntary.
If the legal basis for the processing of personal data is the consent of the data subject to the controller, the data subject may withdraw it at any time by delivering a notification to the controller on his / her contact details above. The content of the notification must be the withdrawal of the consent given. Withdrawal of consent does not affect the lawfulness of the processing of personal data based on consent prior to its revocation. You can revoke the consent given in the same way as the consent was given, i. in writing.
8. Do we transfer your personal data outside the European Union?
The operator would like to inform you that your data is not transferred outside the European Union to third countries or international organizations.
9. What are your personal data protection rights?
As an affected person, the Regulation gives you rights that we dare to draw your attention to in this way, namely:
9.1. Right of access to personal data (Article 15 of the Regulation)
The data subject has the right to access his or her data. At the request of the data subject, the controller shall issue a certificate as to whether the personal data of the data subject concerning him or her are being processed. If the controller processes this data, he shall issue a copy of the personal data of the data subject upon request. If a person requests information by electronic means, it will be provided in a commonly used electronic form, by e-mail, unless he requests otherwise.
9.2. Right to rectification of personal data (Article 16 of the Regulation)
The data subject has the right to correct personal data if the controller registers incorrect personal data about him. At the same time, the data subject has the right to complete incomplete personal data.
9.3. Right to erasure of personal data (right to "be forgotten") (Article 17 of the Regulation)
The data subject has the right to delete personal data without undue delay after exercising this right in the case of:
- personal data are no longer needed for the purposes for which they were obtained or otherwise processed;
- the person concerned withdraws the consent on the basis of which the processing is carried out,
- the data subject objects to the processing of personal data (Article 21 (1) of the Regulation)
- personal data were processed illegally,
- the reason for the deletion is the fulfillment of the obligation of a law, special regulation or international agreement by which the Slovak Republic is bound, or
- personal data was obtained in connection with the offer of information society services to a person under 16 years of age.
The data subject will not have the right to have personal data deleted, provided that their processing is necessary:
- to exercise the right to freedom of expression and information;
- to fulfill an obligation under a law, special regulation or an international agreement by which the Slovak Republic is bound, or to fulfill a task carried out in the public interest or in the exercise of public power entrusted to the operator;
- for reasons of public interest in the field of public health;
- for archiving purposes in the public interest or for statistical purposes, in so far as the right of erasure is likely to make it impossible or seriously difficult to achieve the objectives of such processing;
- to prove, assert or defend legal claims.
9.4. Right to restrict the processing of personal data (Article 18 of the Regulation)
The data subject has the right to restrict the processing of personal data if:
- challenges the accuracy of personal data by an objection (Article 21 (1) of the Regulation), during a period allowing the controller to verify the accuracy of the personal data;
- the processing is illegal and the data subject requests a restriction on their use instead of deleting personal data;
- the controller no longer needs personal data for processing purposes, but the data subject needs them to prove, assert or defend legal claims;
- the data subject has objected to the processing of personal data on the basis of the controller's legitimate claim, until it is verified that the legitimate reasons on the part of the controller outweigh the legitimate grounds of the data subject.
- If the data subject requests a restriction on the processing of his personal data, the controller shall not carry out any processing operations on the data concerned, other than storage, without the consent of the data subject.
The data subject shall be informed by the controller if the restriction on the processing of such data is lifted.
9.5. Right to portability of personal data (Article 20 of the Regulation)
The data subject shall have the right to the portability of data, which means obtaining personal data which he has provided to the controller, and shall have the right to transfer such data to another controller in a normally usable and machine-readable format, provided that the personal data have been obtained you are a contracting party.
9.6. Right to object to the processing of personal data (Article 21 of the Regulation)
The data subject has the right at any time to object to the processing of his or her personal data on the basis of:
- the legal title of the performance of tasks performed in the public interest or in the exercise of public power, or the legal title of the legitimate interest of the operator,
- processing of personal data for the purposes of direct marketing,
- processing for statistical purposes.
If the data subject objects to the processing of personal data for the purposes of direct marketing pursuant to point 6 (a) b), its personal data may not be further processed by the controller.
The controller may not further process personal data unless it demonstrates the necessary legitimate interests for the processing of personal data which prevail over the rights or interests of the data subject or the reasons for asserting a legal claim.
9.7. The right to ineffectiveness of automated individual decision-making, including profiling (Article 22 of the Regulation).
When processing your personal data on our part, there is no automated decision-making or profiling.
9.8. The right to file a motion to initiate proceedings on the protection of personal data (Section 100 of the Act; Articles 77 and 79 of the Regulation)
If you believe that the processing of your personal data is in conflict with the law and the Regulation, you have the right to submit to the Office for Personal Data Protection, with its registered office at Hraničná 12, 820 07 Bratislava, Slovak Republic, Company Identification Number: 36 064 220 (hereinafter the "Office") or to another competent authority, in particular in the Member State of his habitual residence, the place of employment or the place of the alleged infringement, a request to initiate proceedings for the protection of personal data.
The application initiating proceedings (hereinafter referred to as "the application") must contain:
a. name, surname, correspondence address and signature of the petitioner,
b. an indication of the person against whom the application is directed, stating the name, surname, permanent residence or name, registered office and identification number, if assigned,
c. the subject of the proposal with an indication of the rights which should have been infringed in the processing of personal data,
d. evidence in support of the claims made in the proposal,
e. a copy of the document or other evidence proving the exercise of a right under Part Two of Title II of this Act or Regulation, if such a right has been exercised by the person concerned, or an indication of reasons worthy of special consideration for not exercising the right in question if the person has filed a petition.
A model of the application to initiate proceedings before the Office is published on the Office's website.
Without prejudice to your right to seek protection of your rights on the basis of a motion to institute proceedings before the Office, you also have the right to claim your rights in the competent court of the Slovak Republic if you believe that as a result of processing your personal data in In violation of the Regulation, your rights set out in the Regulation have been violated.
This information on personal data protection is effective and valid from 24.12.2021.