I. PRIVACY POLICY: introduction

This privacy policy concerns how Upgrade Estate NV deals with the personal data of its customers (individuals) and all other private persons who come into contact with Upgrade Estate NV (hereinafter referred to as “you”).
Upgrade Estate NV attaches great importance to protecting your personal data and your privacy and therefore processes and protects your personal data in a transparent, proper, and lawful manner. By ‘personal data’ we understand ‘every form of information that allows you to identify yourself directly or indirectly as a private individual’.
When processing your personal data, Upgrade Estate NV evidently complies with the law, in the past the Belgian Act of 8 December 1992 and, from 25 May 2018, the European Regulation No. 2016/679 of 27 April 2016 on Data Protection (General Data Protection Regulation – GDPR) or any other legislation that changes this.
More information on the protection of personal data can be obtained from the Belgian Data Protection Authority or Gegevensbeschermingsautoriteit.
Please read this statement carefully to ensure that you are familiar with and understand Upgrade Estate NV’s privacy policy. Moreover, this statement will be updated on a regular basis. You will find the most recent version on our website. We will notify you via our usual communication channels of any significant changes.

II. PROCESSING OF PERSONAL DATA

Upgrade Estate NV is responsible for the processing of your personal data:
Upgrade Estate NV – Burggravenlaan 31, 9000 Ghent – BE 0840.066.124 – privacy@upgrade-estate.be – 092337666
Upgrade Estate NV is accountable to the Data Protection Authority for the processing of your personal data. Upgrade Estate NV determines the purposes for which your personal data will be processed and also the means and processing properties used.
Upgrade Estate NV may use specialised service providers to process your personal data on behalf of Upgrade Estate NV and in accordance with the instructions of Upgrade Estate NV in accordance with this privacy statement. Only the personal data that are strictly necessary will be passed on to these service providers (hereinafter referred to as the ‘processors of Upgrade Estate NV’).

III. Which categories of personal data does Upgrade Estate NV process?

Below is an overview of the categories of personal data that Upgrade Estate NV may process. Moreover, other data may also be processed if these are necessary or useful for the continuation of the contractual relationship with Upgrade Estate NV. Also, the context in which Upgrade Estate NV obtains or processes these data is stated in the

Category Examples Context
1/ Identity data of the client or principal (seller or lessor) 2/ Identity data of the prospective buyer or lessee Name, address, e-mail address, place and date of birth, nationality, landline or mobile telephone number. You provide these data, and they are processed if you request information, become a customer, conclude a brokerage agreement or register to use the services of Upgrade Estate NV (online) for every identification or use. Such data may among other things be obtained by reading your identity card or by filling in our client portal ‘Omniboxx’.
Data regarding immovable property of the client or principal (seller or lessor) Title to ownership, town planning extract, inspection certificate for the electrical system, EPC certificate, post-intervention file, information about the susceptibility to flooding, soil certificate, information on the heritage value These data will be provided by you or requested by Upgrade Estate NV on your behalf from the government or technical experts.
Data of a prospective lessee relating to a proposed lease agreement Information on occupation and employment, study, the school where studies are being undertaken, solvency, family situation, wages. These data are collected with the help of forms and contracts which you fill out at your request.
Additional data for the conclusion of a lease agreement or private sale agreement National register number You provide these data yourself. The national register number will only be used in situations provided or required by law.
Data of co-owners (or their tenants) Name, address, place and date of birth, nationality, landline or mobile telephone number and the e-mail address. You, as a co-owner, provide these data to Upgrade Estate NV if Upgrade Estate NV acts as administrator.
Data related to the performance of the administrator’s services Payment operations, including names and account numbers, communication and references, card numbers. These data relate to your operations as a co-owner which are coordinated by the administrator
Data regarding operations between Upgrade Estate NV and you The information in connection with your contacts with Upgrade Estate NV, by telephone, e-mail, fax, etc., and your interactions on the web pages regarding Upgrade Estate NV, its services or its partners, on social networks. These data come from contacts of any kind whatsoever between you and Upgrade Estate NV (at meetings or events, seminars, trade fairs, subscription to a newsletter, social media channels, social networks, etc.)
Data about the conduct and preferences of the client. Information about your conduct and preferences in relation to the use of communication and relations channels, information about your personal choices and lifestyle, private or professional projects. These data are the result of choices that you have made or analyses carried out by Upgrade Estate NV in accordance with this statement and its legal obligations.

Upgrade Estate NV does not process any data revealing your ethnic origin or race, political opinions, philosophical or religious beliefs, trade union membership, health or life details or genetic data, sexual orientation or biometric data.

IV. For what purposes does Upgrade Estate NV process your personal data?

Upgrade Estate NV collects and processes your personal data only for the purposes described below. Upgrade Estate NV ensures that only necessary and relevant data are processed for a specific purpose. Upgrade Estate NV processes your data in situations permitted by law, namely:

Statutory obligations

Upgrade Estate NV must comply with legislation that requires it in specific circumstances to process your personal data in the context of its activities. These requirements may mean that Upgrade Estate NV has to cooperate with the competent authorities and/or third parties, and may have to transfer certain personal data to them. These include:

The list of statutory obligations for which Upgrade Estate NV has to process your data is not exhaustive and is subject to change.

Contractual relationship between you as the client and Upgrade Estate NV

Before concluding contracts, Upgrade Estate NV must, in some situations, obtain and process certain data, in particular to, among other things:

In the context of ongoing contracts or the management of contracts, Upgrade Estate NV has to process certain personal data, in particular, to comply with administrative and accounting obligations.

In this context, your data may be sent internally – within Upgrade Estate NV – to the various departments, including those not directly responsible for the relationship with you or the execution of a specific contract. More specifically, Upgrade Estate NV processes your data in the execution of contracts as follows:

Upgrade Estate NV may process your personal data for additional purposes in the context of the execution of contracts and the relationship with you.

Legitimate interests of Upgrade Estate NV

Upgrade Estate NV also processes your data to realise its legitimate interests. In this regard, Upgrade Estate NV seeks to achieve a fair balance between respect for your freedoms and rights and the need to process data, including the protection of privacy. Personal data will be processed, among other things, for:

Specific legitimate interest of Upgrade Estate NV: direct marketing

Upgrade Estate NV carries out customer segmentation – in particular, according to your needs – in order, for example, to offer suitable premises and services that correspond to your professional and personal situation. For this purpose, Upgrade Estate NV may, among other things:

Your consent for the processing and sending of electronic advertising (electronic direct marketing)

Upgrade Estate NV may process your personal electronic contact details (i.e. your mobile telephone number and e-mail address) to send you personal information, advertisements or proposals via direct marketing or newsletters. In this case, Upgrade Estate NV has to request your specific prior permission.
By accepting this privacy policy, you are permitting the processing of your personal data for electronic direct marketing purposes and the sending of electronic advertising.

V. To whom WILL Upgrade Estate NV disclose your personal data?

Upgrade Estate NV handles your personal data with great care and will only share your data to offer you the best services when carrying out its task.

Upgrade Estate NV may send your data to other entities within its group in Belgium and abroad, and in particular to other entities in the group that assist Upgrade Estate NV with the implementation, management, and monitoring of the activities, including reporting, support, and computer security, or the offering specific services and products.

In some cases, Upgrade Estate NV is required by law to share your data with third parties, including:

Upgrade Estate NV will also transfer your data to specific service providers to help with:

Upgrade Estate NV also has to pass your data on to online and social network providers that use Upgrade Estate NV to offer advertising services.

Your personal data may also be disclosed to bailiffs or lawyers in the context of court proceedings.
In the above-mentioned cases, Upgrade Estate NV ensures that third parties only have limited access to the personal data that are needed to carry out the required specific tasks. Upgrade Estate NV will ensure that third parties undertake to use the personal data securely and confidentially in accordance with the instructions of Upgrade Estate NV and its data protection policy.

Upgrade Estate NV stores your personal data within the EEA. No data will be transferred to countries outside the EEA.

VI. How long WILL your personal Data BE retained?

Upgrade Estate NV will not retain your personal data for longer than is necessary for the achievement of the purposes for which the data are collected. This period is linked to Upgrade Estate NV’s statutory and tax obligations and also the statutory requirement to retain your data outside the retention period as evidence or to respond to requests for information from the competent authority, e.g.:

VII. How are your personal data secured?

Upgrade Estate NV applies strict standards to protect the personal data under its control against unlawful and unauthorised processing and accidental loss, damage or destruction. Upgrade Estate NV takes measures of a technical and organisational nature such as encryption, anti-virus, firewalls, access controls and strict selection of employees and suppliers to prevent and detect inappropriate access, disclosure or loss of your personal data.

In the unlikely and unfortunate event that your personal data under the control of Upgrade Estate NV are compromised by a breach of information security, Upgrade Estate NV will immediately act to identify the cause of such breach infringement and take action through appropriate mediating measures. If necessary, Upgrade Estate NV will inform you if this incident in accordance with applicable law.

VIII. What are your rights WITH regard TO THE processing OF your personal data?

Right of INSPECTION, correction, restriction, erasure, data portability and of objection
For the above-mentioned purposes you have the:

You can exercise your rights by sending a signed and dated written request by post, including a copy of your proof of identity, to Upgrade Estate NV, Burggravenlaan 31, bus 1 – 9000 Ghent or by e-mail to privacy@upgrade-estate.be or by using the contact form on the website.

Right to object to THE sending of electronic advertising

In IV.5, your permission was requested to process and use your electronic contact details to send you commercial information, advertising or personal proposals (via direct marketing campaigns or electronic newsletters). This applies in particular to communications to your mobile telephone number and your e-mail address.

You have the right to object to the processing of your personal data for electronic direct marketing and to object to receiving such advertising in the future. You can inform us of this in the following ways:

However, the exercise of the right of objection may not prevent Upgrade Estate NV from contacting you for any other purpose, including a legal obligation or the performance of the contract, in accordance with this statement.

Right to lodge a complaint

If you have any complaints regarding the processing of your personal data, you can contact us as follows:

You can also submit a complaint to the Data Protection Authority, by post to Drukpersstraat 35, 1000 Brussels, by e-mail to commission@privacycommission.be, or by telephone to +32 2 274 48 00.