2. PROCESSING ACTIVITIES COVERED.
• You provide information through your use of our Websites.
• You visit our branded social media pages.
• You or we send or receive communications, including e-mail, text and/or other electronic messages.
• You download mobile and/or desktop applications from this Website, if any, which provide dedicated non-browser-based interaction between you and this Website.
• You interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Website.
• You respond to any surveys that we might ask you to complete for research purposes or other purposes we may identify.
• Us offline or through any other means, including without limitation, on any third party website, through your visits to our office and your attendance at events; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or on this Website.
2.3. Links from this Website.
This Website may contain links to other websites, applications and services maintained by third parties. The information practices of such other services, or of social media networks that host our branded social media pages are governed by third parties’ privacy policies or statements, which we encourage you to review to better understand such third parties’ privacy practices.
3. WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW WE COLLECT IT.
3.1 Personal Information We Collect Directly from You.
The information we collect from you on or through our Websites, which includes Personal Information, includes:
• For all users - name, telephone number and email address.
• For sellers and lessors of real estate – address of applicable real estate, detailed descriptions of the premises, price, down payment, rental terms and other similar information.
Note: Any User Contributions you post on and/or transmit to others are at your own risk. Although we may limit access to certain pages or otherwise undertake certain security measures, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of this Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
• Information that you provide by filling in forms on our Websites. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material and/or User Contributions or requesting further services. We may also ask you for information when you report a problem with our Websites.
• Records and copies of your correspondence (including e-mail addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Websites, if any. You may be required to provide financial information before making certain uses of our Websites.
• Your search queries on our Websites.
• When you use and interact with this Website, we automatically collect log files and other information about your device and your usage of this Website and other details of your visits to this Website, which may include traffic data, location data, other communication data, resources that you access and use on the Websites through cookies, web beacons or similar technologies, such as Internet Protocol (IP) addresses or other identifiers, which may qualify as Personal Information (please see Section 3.2, "Automatic Data Collection Technologies We Use" below).
3.2 Automatic Data Collection Technologies We Use.
• Flash Cookies. Certain features of our Websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, please see Section 5.2, “Choices about How We Use and Disclose Your Information”, below.
• Log Files. When you access our Websites, our servers automatically record information sent from your browser, which may include your web request, Internet Protocol address, domain names, referring Uniform Resource Locator, browser type, browser language, and operating system; the date and time of your request and access; and Cookies that may uniquely identify your browser (collectively, “Usage Data”). We may combine Usage Data with Personal Information in a manner that enables us to trace Usage Data to an individual user, and may collect, use, preserve and disclose Usage Data in any manner that we may collect, use, preserve and disclose Personal Information as provided herein (whether Usage Data is combined with any Personal Information or otherwise).
• Web Beacons. Pages of our Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).
3.3 Ways to Manage Cookies.
A. Browser Settings.
As stated above, you can control or disable cookies in your web browser. How you disable cookies depends on which browser you use. All modern browsers allow you to change your privacy settings to prevent websites from planting cookies.
These settings will typically be found in your browser’s “options” or “preferences” menu or by using 'Help' option. In order to understand these settings, the following links may be helpful.
• Internet Explorer ( https://support.microsoft.com/en-us/help/17479/windows-internet-explorer-11-change-security-privacy-settings#1TC=windows-7 )
• Safari web ( https://support.apple.com/kb/ph21411?locale=en_US )
If you configure your browser to refuse to accept cookies, you may be unable to access certain parts of this Website and/or it may not function as intended.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt-out of receiving targeted advertising from many providers, see https://www.networkadvertising.org/.
4. WHY WE PROCESS YOUR PERSONAL INFORMATION.
We process information that we collect from and/or about you, including Personal Information to perform services for you, to pursue our legitimate interests, and for other purposes, including:
• To provide our Websites and their content to you and allow you to review our services, create an account or profile or register for services on the Websites. Where we do not have an account with you or provide you with any services, we process your Personal Information.
• To provide you access to our services.
• To provide you with information, products or services that you request from us. Where we do not have an account with you or provide you with any services, we process your Personal Information based on our legitimate interest to operate and administer our Websites and to provide you with content you access and may request.
• To provide you with customer support and communication, and notices about your account, which may include expiration and renewal notices.
• For analytical purposes, which may include generate and analyze statistics about your use of the Websites for operational and/or security purposes, measurement of the effectiveness of our marketing activities, performance improvements, research, testing and other business purposes.
• To notify you about changes to our Websites or services we offer or provide through one or more of the Websites.
• To allow you to use participate in interactive features on our Websites.
• To process your Personal Information by managing your user account for the purpose of providing services to you.
• To develop and improve our Websites.
• To conduct marketing research, advertise to you, provide personalized information about us on and off our Websites and to provide other personalized content based upon the services we provide to you to the extent it is necessary for our legitimate interest in advertising our Websites or, where necessary, to the extent you have provided your prior consent, including without limitation, through requests made by you or use of built-in convenience features of the services we provide to you.
• To send you marketing information, service recommendations and other non-transactional communications about us and our affiliates and partners, including information about our services, promotions or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent, including without limitation, through requests made by you or use of built-in convenience features of the services we provide to you.
• To cooperate with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our Websites, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes or to respond to lawful requests.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties' services that may be of interest to you. If you do not want us to use your information in this way, please uncheck the relevant box located on the form on which we collect your data (the order form/registration form or adjust your user preferences in your account profile).
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
5. HOW WE USE OR SHARE YOUR INFORMATION.
5.1. Disclosure of Your Information.
• To our subsidiaries, affiliates and/or Licensees.
• To contractors, service providers and other third parties we use to support our business service providers. We may share Personal Information collected through our Websites with companies that perform services on our behalf, including companies that provide website development, hosting, payment processing and billing services.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of all or any portion of Engel & Völkers' assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Engel & Völkers about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it. For example, if you give us information regarding your requirements for a home you are seeking to purchase, we may display it on the Websites or otherwise use it to contact Licensees of ours and/or interested sellers.
• With third-party social media networks, advertising networks and websites, which may also act as separate controllers, so that we can market and advertise on such third-party platforms and websites.
• For the purpose of providing services, to your professional advisors including lawyers, bankers and insurers acting as joint processors or joint controllers.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
We may also disclose your Personal Information:
• To comply with any court order, law or legal process, including to respond to any government or regulatory request. We may disclose your personal information when we believe disclosure is appropriate to comply with the law or respond to a court order or subpoena; to prevent or investigate a possible crime, such as fraud or identity theft; or to protect the rights, property or safety of ourselves or others. We reserve the right to report to appropriate law enforcement, governmental authorities and other third parties any activities that we, in good faith, believe to be harmful or unlawful, with or without providing notice to you
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Engel & Völkers, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We may also disclose aggregated information about you and other users that does not identify you or any other individual, without restriction.
5.2 Choices About How We Use and Disclose Your Information.
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your Personal Information:
• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by unchecking the relevant box located on the form on which we collect your data (the order form/registration form). You can also always opt-out by logging into the applicable Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to email@example.com.
• Links to Internet or Mobile Sites. Our Websites may contain links to Internet or mobile sites not owned or operated by us, including to sites featuring companies, products, services or news that may be of interest or to pages that we maintain on YouTube, Facebook, Twitter or other social media sites. You should review the privacy and other policies of other Internet and mobile site providers carefully, as these policies may be different than the policies of our Websites. We assume no responsibility or liability for any third party Internet or mobile site operator’s privacy practices.
• Promotional Offers from the Company. If you do not wish to have your e-mail address/contact information used to promote our own or third parties' products or services, you can opt-out by unchecking the relevant box located on the form on which we collect your data (the order form/registration form) or at any other time by logging into the applicable Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to firstname.lastname@example.org. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.
5.3 Accessing, Controlling Updating, Correcting and Deleting Your Personal Information.
When you use our Websites, we work to provide you the ability to access, review, correct, edit, or remove your Personal Information and related content that you have provided to us. You can do this by logging into the Website and visiting your account profile page. Although most changes will occur immediately, some information may stay stored on your browser’s web cache. We take no responsibility and are not liable for the information stored in your cache or on any other electronic devices through which you may access our Websites.
For your information, the removal of your Personal Information may impact our ability to provide you or your ability to use our services.
5.4 Choices for Personal Information.
5.5 Opt-Out/Changing Your Account.
You may unsubscribe or opt-out of any of our email lists, electronic newsletters, bulletins, guides or marketing campaigns at any time by following the instructions included in such email or other communication, or by contacting us by phone at +1.833-789-0001 (toll-free) or +1.212-234-3100, or emailing to email@example.com.
6. STORAGE AND INTERNATIONAL TRANSFER OF PERSONAL INFORMATION.
Your Personal Information is currently processed and stored in the United States.
Please note, not all countries provide the same level of data protection. In this event, we will ensure that the recipient of your Personal Information offers an adequate level of protection in the country in which it is processed, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission with respect to the GDPR or other applicable requirements, or we will ask you for your prior consent to such international data transfers.
7. DATA RETENTION AND SECURITY.
7.1 Data Retention.
We retain your Personal Information and information stored and collected through our Websites for as long as we have a business or tax need or as applicable laws, regulations, or government orders require. When your information is no longer necessary or relevant for the identified purpose or to fulfill a legal or business requirement, we will use reasonable commercial efforts to securely dispose of and destroy your information collected through the Website.
After the expiry of the applicable retention periods, your Personal Information will be deleted. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such information.
7.2 Data Security.
We follow generally accepted standards, including organizational, technical and physical measures to help safeguard against the accidental or unlawful destruction, loss, alteration and unauthorized disclosure of, or access to, the Personal Information we process or use. We are not responsible for circumvention of any privacy settings or security measures contained on this Website.
You are solely responsible for protecting your password, limiting access to your devices and signing out of our Websites after your sessions. Any transmission of Personal Information is at your own risk. If you have any questions about the security of our websites, please contact us by using the information in the “Contact Information” section, below
If you have any questions about the security of our Websites, please contact us by using the information in the “Contact Information” section, below.
8. YOUR RIGHTS
8.1.1 Data Protection Officer. Engel & Völkers has a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at Americas.DPO@engelvoelkers.com.
8.1.3 Your Rights as a Data Subject. The GDPR may provide you the right to: • Make a Data Subject Access Request to access your Personal Information at any time. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
• Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate Personal Information we hold about you corrected, although we may need to verify the accuracy of the new data you provide to us.
• Request erasure / deletion / removal of your Personal Information. This enables you to ask us to delete or remove your Personal Information where we do not have a valid reason to continue to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Please Note: we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to process it.
• Data Portability / Request the transfer of your Personal Information to you or directly to another controller. This right only applies to automated information which you initially provided consent for us to use or where we used the Personal Information to perform a contract with you. We will (unless there is an exemption) assist you by securely transferring your Personal Information directly to another controller where technically feasible or by providing you with a copy in a structured commonly used machine-readable format.
• Withdraw consent at any time where we are relying on your consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
8.1.5 Legal Basis for processing your Personal Information. Engel & Völkers will only use your Personal Information when the law allows us to. Most commonly, we will use your Personal Information in the following circumstances:
• To fulfill a contract we are about to enter into or have entered into with you;
• To provide you with access to and use of the Websites;
• To provide services, products or information requested by you through the Websites;
• Where it is in our legitimate interests;
• When it is our legal or regulatory duty; and
• When you consent.
A legitimate interest is when we have a business or commercial reason to use your information in conducting and managing our business. We will consider and balance any potential impact on you and your legal rights when we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required for compliance with a legal or regulatory obligation or permitted to by law).
8.2 Your Rights Under the California Consumer Privacy Act (CCPA).
8.2.1 The below section supplements our privacy statement to provide California residents with the information needed to exercise their rights under the CCPA. These rights include:
• Right to Access/Request. You have the right to request that Engel & Völkers disclose to you information about our collection and use of your Personal Information over the past 12 months. Upon a verifiable request, we will disclose to you: (i) the categories of Personal Information we collected about you; (ii) our business or commercial purpose for collecting that Personal Information; (iii) the categories of third parties with whom we share that Personal Information; and (iv) the specific pieces of Personal Information we collected about you (also called a data portability request).
• Right to Erase/Delete. You have the right to request the erasure/deletion/removal of your Personal Information, subject to certain exceptions. This enables you to ask us to delete or remove your Personal Information where we do not have a valid reason to continue to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Please Note: we may deny your request for erasure which will be notified to you, if applicable, to the extent Engel & Völkers requires your Personal Information to: (1) complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of Engel & Völkers’ ongoing business relationship with you, or otherwise perform a contract between Engel & Völkers and you; (2) detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; (3) to identify and repair errors that impair existing intended functionality; (4) exercise free speech, ensure the right of another consumer to exercise his/her right of free speech, or exercise another right provided for by law; (5) comply with the California Electronic Communications Privacy Act; (6) enable solely internal uses that are reasonably aligned with your expectations based on the your relationship with Engel & Völkers; (7) comply with a legal obligation; and (8) otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
• Right to Opt-Out. You have the right to object to sale of your Personal Information to a third party and we are prohibited from discriminating against you for exercising this right. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. To make a request in accordance with the California Consumer Privacy Act, please call 1-833-789-0001 (toll-free) or +1-212-234-3100, or send an email to firstname.lastname@example.org with “CCPA Privacy” in the subject line, or use this Engel & Völkers Privacy Web Form.
• Right Not to Be Discriminated Against. Engel & Völkers will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: (i) deny you use of the Websites, and (ii) provide you a different level or quality of a Website, except to the extent such Personal Information was required to provide full use and a certain quality level for such Website.
8.2.2. How to Exercise Your Rights.
To exercise your rights under the CCPA or under other applicable laws, please contact us by using the information in the “Contact Information” section below. We try to respond to all legitimate requests within 45 days and will contact you if we need additional information from you in order to honor your request. Occasionally, it may take us longer than anticipated, taking into account the complexity and number of requests we receive. If we require more time (up to 90 days) we will inform you of the reason and extension period in writing. If you are an employee of a customer of ours, we recommend you contact your company’s system administrator for assistance in correcting or updating your information.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
9.2 Children’s Privacy.
We are committed to protecting the privacy of children and encourages parents and guardians to take an active role in their children’s online activities and interests. Our Websites are not directed to children or designed to attract them. You must be at least 16 years of age to use our Websites and Services. We do not knowingly collect, use, or disclose Personal Information about users that are under 16 years of age. If we later learn that a user is under 16 years of age, we will remove that user’s Personal Information from our databases and prevent the user from further using our Websites and services. If you become aware that a user is under 16 years of age, please notify us immediately at email@example.com. If you are a user who is identified in this manner, we may require you to submit suitable proof of age, such as a copy of government-issued identification, in order to continue using our Websites.
9.3 Monitoring and Enforcement.
In accordance with applicable laws, you may request access and raise concerns or complaints regarding your Personal Information processed by us by contacting us: by email at firstname.lastname@example.org, or by phone at 833-789-0001 (toll-free) or 212-234-3100.
Engel & Völkers Americas, Inc. 430 Park Avenue, 11th Floor New York, New York, 10022 United States of America
You may also call us at +1.833-789-0001 (toll-free) or +1.212-234-3100.