This Privacy Policy aims to inform Users of the site www.lapepite.pt (hereinafter the “Site”), about the Processing carried out by the company LA PEPITE LDA (hereinafter the “Company”), as Data controller, in accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, amended by Law No. 2018-493 of June 20, 2018 following the entry into force of the general data protection regulation (hereinafter the “Law”).

Users of the Site are invited to read this Privacy Policy carefully.

ARTICLE 1. DEFINITIONS

Personal data/Data

Refers to any information relating to a natural person identified or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to him. This may include the User’s first and last names, their telephone number, their email and postal addresses or their gender (e.g. female, male).

Cookies

Refer to automatic tracking processes such as text files placed on a terminal (computer, tablet, smartphone) which record information when visiting a website or viewing an advertisement. Cookies can have various purposes, and retain information for a certain period of time.

Privacy Policy

Refers to this confidentiality policy relating to the Processing of User Data and the use of Cookies on the Site.

Data controller

Refers to the Company La Pépite, LDA, with capital of 1000 euros, registered in the Trade and Companies Registry of Faro under number 45/20230830, whose head office is located at Rua Dr Francisco Sa Carneiro, lote 7, 1C, 8100- 578 Loulé, Portugal, duly represented by its co-manager Mr Cabrita Wilson, who determines the purposes and means of the processing as defined herein.

Treatment

Refers to any operation or set of operations relating to the Data, such as for example the collection, recording, conservation, consultation, communication or even the erasure and destruction of Personal Data.

User

Refers to any person accessing the Site, whether or not they are a customer of the Company.

ARTICLE 2. GENERAL

This Privacy Policy may be modified at any time by the Company, in particular in order to comply with developments in the Law, case law, technology or even the requirements of the authorities. In the event of a modification of the Privacy Policy, the Company will inform the User and/or seek their agreement when necessary.

The latest version of the Privacy Policy is that available on the Site.

Users are invited to consult the Privacy Policy before browsing the Site and to regularly read the Privacy Policy in order to be aware of the modifications and/or updates made by the Company.

For any questions relating to this, the User can contact the Company by e-mail at the following address: contact@lapepite.pt, or by mail at the address: Rua Dr Francisco Sa Carneiro, lote 7, 1C, 8100-578 Loulé, Portugal.

ARTICLE 3. PERSONS CONCERNED BY THE PROCESSING

The people concerned by the Data Processing carried out by the Company are the Users of the Site, and in particular:

– Users visiting the Site

– Users completing the various forms on the Site (contact, valuation of a property, creation of a dedicated alert, sharing by email of a property referenced on the Site).

ARTICLE 4. DATA COLLECTION

4.1 – When using the Site, the User’s Personal Data may be collected directly or automatically by the Company.

Personal Data is notably collected via forms when:

– Marital status (surname, first name) *

– Address*

– E-mail*

– Phone*

– Characteristics of the User’s property (apartment, house, m2* surface area, number of rooms, floor)

The request for information sent by the User on the Site requiring the communication of the following Personal Data:

To be contacted by email:

– Name

– E-mail*

To be called back by telephone:

– Telephone number*

The creation of a dedicated e-mail alert on the search for real estate, requiring the communication of the following Personal Data:

– Marital status (surname, first name)

– E-mail*

4.2 – Among the Personal Data listed below, the communication of information marked with an asterisk “*” is essential for the corresponding processing. If the User does not wish to communicate the requested information, and in particular that which contains an asterisk “*”, the Company will not be able to respond to his request. The communication of other Personal Data being optional, it is left to the free discretion of the User.

The User may also communicate any other information that he wishes to bring to the attention of the Company, it being understood that the provision of this information is not obligatory. If the User transmits Personal Data in this context, the Company will process them under the conditions provided for herein and in accordance with the Law.

4.3 – The User’s Personal Data may also be collected through Cookies, subject to the User’s choices regarding these Cookies, and which may be modified at any time (To find out more: see the article 10 of the Policy).

4.4 – The Company does not collect any sensitive Data within the meaning of the Law on the Site.

4.5 – The Company allows the User to send to the person of their choice, via their own email address, a link redirecting on the Site to a real estate advertisement. The User who wishes to use this functionality acknowledges that sending this e-mail is done under their sole responsibility and ensures that they have obtained the consent of the person concerned in order to send them this e-mail.

ARTICLE 5. LEGAL BASIS AND PURPOSES OF PROCESSING

5.1 – The Data is used by the Company in accordance with the Law. The processing of Data is therefore lawful to the extent that:

– It aims to respond to requests/requests from the User concerned and/or;

– It aims to comply with the legal obligations to which the Company is subject and/or;

– The User has consented to the processing of their Data and/or;

– There is a legitimate interest pursued by the Company. The Company’s legitimate interest is primarily based on commercial and financial reasons requiring Personal Data to be processed by it.

5.2 – The Data referred to in Article 4 above are collected and processed for the following purposes:

– Management of responses to User requests concerning:

1) The valuation of real estate;

2) Various requests for information;

3) The creation of a dedicated e-mail alert on the search for real estate;

4) Sharing by email a property referenced on the Site.

– Sending information concerning promotional operations and other events as part of commercial communication;

– Carrying out real estate transactions;

– Management of requests to exercise rights;

– The development of commercial statistics;

– The establishment of means of proof necessary to defend the rights of the Company.

ARTICLE 6. SHELF LIFE

6.1 – Personal Data will not be kept beyond the period strictly necessary for the purposes pursued as set out in this Privacy Policy and in accordance with the Law.

6.2 – Personal Data collected in order to respond to requests for estimation of the value of real estate or requests for various information are kept until the Company provides a response to the User’s request. Once the response has been sent by the Company to the User, the Personal Data concerning them will be deleted.

The Personal Data collected for the purposes of creating an e-mail alert dedicated to the search for real estate are kept until the User unsubscribes, which can be done at any time.

Personal Data collected for the purpose of sharing a property referenced on the Site by email are kept until the Company has shared the said property by email.

Notwithstanding the foregoing, when the User has given consent to receive commercial communications, the Personal Data used may be kept for a period of three (3) years from their collection or the last contact from the prospect (the the later date being retained). At the end of this period, the Company may contact the User concerned to find out if they wish to continue to receive commercial requests. In the absence of a positive response, the Company will delete the Data in accordance with the legislative and regulatory provisions in force.

Personal Data collected for the purposes of carrying out real estate transactions are kept for the entire duration of the relationship between the User and the Company and for a period of ten (10) years following the last contact between the User and the Company. This retention period corresponds to the sales cycles of real estate and is justified by the nature of the Company’s activity, the mission entrusted and the obligations assumed by it as a professional.

The Data collected regarding the management of requests to exercise rights is kept between one (1) year and six (6) years depending on the right exercised.

Data collected for the purposes of producing commercial statistics is kept for a period of two (2) years from the last contact.

However, Personal Data enabling proof of a right or contract to be established, or retained for compliance with a legal obligation, may be subject to secure archiving for a period not exceeding the duration necessary for the purposes for which they are kept (in particular but not exclusively those provided for by the Commercial Code, the Civil Code and the Consumer Code but also by the accounting and tax provisions applicable to the Company).

Cookies have a maximum lifespan of thirteen (13) months.

ARTICLE 7. ACCESS TO DATA

7.1 – All or part of the Company’s authorized personnel may have access to all or part of the Personal Data. Persons who can access Personal Data are subject to an obligation of confidentiality.

7.2 – Furthermore, the Company’s partners and subcontractors may have access to the Data, in particular:

The processing carried out by the Company’s service providers and partners is governed by a contract in which they undertake to respect the Law and all of the obligations imposed on them, particularly in terms of security and confidentiality of Data.

– Commercial agents linked to the Company as part of their real estate negotiation missions, management of the commercial relationship and prospecting;

– The Company’s service providers responsible for hosting the Site and Data;

– The Company’s service providers in charge of the development and maintenance of the Site;

– The Company’s service providers responsible for managing audience analysis and measurement tools.

7.3 – The Data may also be transmitted to judicial and supervisory authorities and to court officers and ministerial officers as part of their debt recovery missions and protection of the Company’s interests.

ARTICLE 8. TRANSFER OF DATA

User Data is stored by the Company within the European Union.

However, to the extent that certain service providers and subcontractors of the Company may be located in third countries, outside the European Union, the Company may transfer User Data to these third countries. In such a case, the Company ensures that this transfer is carried out in compliance with the Privacy Policy and the Law but also that the subcontractor/service provider guarantees a level of protection sufficient privacy and fundamental rights of the User.

ARTICLE 9. PROTECTION OF PERSONAL DATA

Taking into account the state of knowledge, the implementation costs and the nature of the Data in question, the Company undertakes to put in place appropriate measures to preserve the security and confidentiality of the Data. The Company thus takes care to prevent the Data from being distorted or damaged or from unauthorized third parties having access to it.

– Raising awareness of the confidentiality requirements of the Company’s employees who have access to the Data;

– Securing access, sharing and transfer of Data;

– The high level of requirements in terms of Data protection when selecting the Company’s subcontractors and partners.

However, the Company cannot be held to an obligation of result with regard to the risks and difficulties inherent in the use of electronic networks.

ARTICLE 10. DATA BREACH

11.1 – The Company makes every effort to protect Users’ Personal Data as effectively as possible and taking into account technical developments.
However, and in particular due to the rapid evolution of security techniques, it is understood that no transmission or storage technology is infallible, despite the extent of the measures implemented.
11.2 – In the event of a violation of Personal Data likely to result in a high risk for the rights and freedoms of individuals, the Company will communicate this violation to the Users concerned as soon as possible, except in the exceptional cases provided for by law.
In the event of a violation of Personal Data, the Company will notify the violation in question to the National Data Protection Commission as soon as possible, and at the latest within the time limits provided for by law, unless the violation is not likely to occur. create a risk for the rights and freedoms of natural persons.

ARTICLE 11. USER RIGHTS

12.1 – The User has the right to access Personal Data concerning him or her and to request that they be rectified, completed or updated. The User may also request the erasure of Personal Data concerning them or object to their processing. He may also request the limitation of the processing of his Personal Data.
With regard to processing implemented on the basis of the User’s consent, the User may withdraw it at any time, the Company therefore undertakes to put an end to the processing in question as soon as possible.
The User may request to exercise his right to the portability of his Personal Data, i.e. the right to receive the Personal Data he has provided in a structured format, and the right to transmit this Personal Data to a third.
Notwithstanding the foregoing, the Company may retain certain Personal Data concerning the User when the laws and regulations applicable to its activity require it or when it has a legitimate reason to do so.
The User may formulate directives relating to the conservation, deletion and communication of his Personal Data after his death (conservation, deletion or communication to a designated third party).
12.2 – The User can exercise their rights with the Company by e-mail to the following address contact@lapepite.pt or by post to the following address: Rua Dr Francisco Sa Carneiro, lote 7, 1C, 8100-578 Loulé , Portugal.
The Company may verify the identity of the User and/or ask them to produce a copy of their identity document to respond to their request. The Company will ensure that it responds to the User’s request as soon as possible and, in any event, within the time limits provided for by law.
In the event of a dispute in the implementation of their rights, the User may lodge a complaint with the National Data Protection Commission (CNPD): www.cnpd.pt