Instruction on the rights of the data subject

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I. Right to information (Section 19 of the Act; Article 13 of the Regulation)

I. Right to information (Section 19 of the Act; Article 13 of the Regulation)

For the purpose of fulfilling the controller’s information obligation corresponding to the data subject’s right to information, the controller, in accordance with the provisions of Section 19 of the Act and Article 13 of the Regulation provides the data subject with the following information:

I. Identification and contact details of the controller:

Business name:HERRYS s.r.o.
Registered office:Žilinská 7-9, 811 05 Bratislava
Corporate ID:45 280 436
Registered in:in the Commercial Register of the District Court Bratislava I, Section: Sro,
entry no. 61514/B
Statutory body:JUDr. Martin Bečár – executive,
Ing. Filip Žoldák – executive
Phone:02/20868866
e-mail:info@herrys.sk
Reservation a/c:SK40 1100 0000 0029 2987 7994
Regular a/c:SK59 1100 0000 0029 2685 5132

II. Purpose of the controller processing the data subject’s personal data:

concluding a Purchase Agreement, Letting Agreement, Brokerage Agreement, Deposit Agreement; preparation of the Handover Protocol, Proposal for Cadastral Entry, Information, instructions and consumer consent for contracts concluded at a distance, or contracts concluded off-premises, in particular preparation for concluding a contract or other relevant documents; registration of contracts and related documents, including all changes thereto in the controller’s internal system; fulfilment of the subject matter of the contract, and checking its performance from the side of the data subject; handling claims and complaints; recovery of receivables arisen in connection with contractual default – the legal basis for processing personal data for this purpose is the provision of Article 6(1)(b) of the Regulation, i.e. the performance of the relevant contract; preparation of a Viewing Record – the legal basis for processing your personal data for this purpose is the provision of Article 6(1)(f) of the Regulation, i.e. our legitimate interest. Our legitimate interest in this case is the proper and undisturbed performance of our business activity, that we would not be able to perform if you were, regarding the purchase, or letting of a real estate property, to communicate with the owner without our involvement, despite the property in question having been presented to you by our company.
processing of personal data for the purpose of server, web cloud, IT services and the implementation of advertising by internet real estate portals in real estate CRM software, i.e. offering properties for the purpose of their sale or letting to a third party; the real estate CRM software contains, for individual properties, for reason of simpler identification for the controller, also personal data on the data subject as the property owner, though this data is not visible to third parties – the legal basis for processing personal data for this purpose is Article 6(1)(a) of the Regulation, i.e. the data subject’s consent, processing of personal data for the purpose of providing services of cooperating mortgage experts specialists,
bookkeeping and the preparation of accounting documents, in particular the administration and invoicing of services provided on the basis of contracts, processing of accounting, tax documents and invoices – the legal basis for processing personal data for this purpose is the provision of Article 6(1)(e) of the Regulation, i.e. the fulfilment of duties under special regulations, in particular Act no. 431/2002 Coll. on accounting, as amended,
registration of mail and registry administration, i.e. registration and management of mail items, mail received and sent from and to an electronic mailbox, and registration and archiving of contracts, accounting, tax and related documents in the controller’s internal systems – the legal basis for processing your personal data for this purpose is Article 6(1)(e) of the Regulation, i.e. the fulfilment of our legal duty under separate regulations, and this in particular under the Accounting Act and under Act no. 395/2002 Coll. on archives and registries, and on the amendment of certain acts; the controller’s advertising and marketing services, and products, in particular the sending of information newsletters on our products and services, and current offer of properties, etc. – the legal basis for processing personal data for this purpose is the provision of Article 6(1)(a) of the Regulation, i.e. the data subject’s consent.

III.

We will keep your personal data for the time necessary for fulfilling the defined purposes of personal data processing, though at most for the duration of the relevant contract, or settlement of mutual obligations arising therefrom. We keep invoices, as well as other tax and accounting documents in accordance with the relevant legal regulations for a period of 10 years after the year to which they relate. We store personal data processed for advertising and marketing purposes for a period of 3 years from their provision. After this time, your personal data will be deleted. In the event that at any time during the life of the contractual relationship you object to the processing of your personal data for direct marketing of our services and products, we will stop processing your personal data for this purpose;

IV.

We necessarily need your personal data from you, because no contract can be created between us without it, since your personal data is an essential part of contracts concluded between you and our company pursuant to Act no. 40/1964 Coll. the Civil Code, as amended, and Act no. 513/1991 Coll. the Commercial Code, as amended. Consequently, we would not be able to provide you with the real estate services we offer. However, if you choose not to provide us with your telephone number or e-mail address, this does not prevent the creation of a contractual relationship between us, nor the provision of real estate services, though our mutual communication will not be as efficient.

If we process your personal data also on the basis of consent, you have the right to revoke this consent to the processing of your personal data at any time. The revocation of consent shall have no effect on the legality of personal data processing based on consent prior to its revocation. You can revoke the granted consent in the same manner as you granted the consent, i.e. in writing.

We do not track you on our website, so we will know only the personal data that you explicitly provide to us. HERRYS uses cookies on the herrys.sk website, which are necessary for the proper functioning of the website and the provision of our services.

They are:
Session cookies, which are automatically deleted after closing the site and provide us with only non-personal information about the site visitor, on the basis of which we then know, for example how many visitors were on the website, which browsers they use. This information is needed to for optimising our site.

Functional cookies that allow you to remember the login details of each visitor to the site and ensure security after logging in. The herrys.sk website allows the generation of its own cookies for the following external systems:
these are mainly third-party cookies, which are generated exclusively by third parties, which HERRYS cannot read. These include, in particular, analytical cookies for Google Analytics, which measure the usage of the site by users, as well as cookies on social networks (Facebook, YouTube, ...), which simplify the user interface, advertising targeting, etc.

Settings for cookies can be change or deleted. It is necessary to click on the Help menu in your browser, but deleting or preventing cookies may result in incorrect operation of the herrys.sk website. More information about cookies, how to work with them and manage them can be found at www.allaboutcookies.org. Our website is not intended for children under 16 years of age. We do not process personal data of children under the age of 16.

 

 


II. Other rights of the data subject


Right of access personal data (Article 15 of the Regulation)

You have the right to obtain confirmation from us as to whether we process your personal data and, if so, you have the right to access this personal data (copies of it) as well as additional information in the extent provided for in Article 15 of the Regulation.
In most cases, we will provide you with these copies of your personal data and additional information in writing, unless you request that they be provided by another method. If you request this information by electronic means, it will be provided to you by electronic means, if technically possible.

Right to rectification of personal data (Article 16 of the Regulation)

We take reasonable steps to ensure that the information we hold about you is up-to-date, accurate and complete. This right, nevertheless, allows you to request us to rectify any incorrect personal data we have about you, or to supplement your personal data, if it is inaccurate, incomplete, or out-of-date. Please note that you are required to provide us personal data that is complete and accurate; you are responsible for any untrue personal information you provide to us.

Right to erase personal data (right to be “forgotten”) (Article 17 of the Regulation)

You have the right to request the erasure of your personal data without undue delay after the exercise of this right, for example, if your personal data are no longer necessary for the purpose for which we obtained or processed them, if you object to the processing of personal data under Article 21(1) of the Regulation, or if your personal data is processed illegally. However, this right of yours must be assessed in the light of all relevant circumstances. For example, we may have certain legal and regulatory obligations, which means that we might not be able to comply with your request.

Right to restriction of processing of personal data (Article 18 of the Regulation)

In cases stipulated by law, you have the right to request us to stop processing your personal data, e.g. if you object to the accuracy of the personal data we hold about you (but only during the period allowing us to verify the accuracy of your personal data), if you object to the processing of personal data by automated decision making or if the processing of your personal data is illegal and you object to the erasure of your personal data, and instead of this you request restriction of their use, or you object to the erasure of your personal data that we, as the controller, no longer need, and we want to delete this data, though you need them, for example for the purposes of legal proceedings.

Right to data portability (Article 20 of the Regulation)

You have the right to obtain from us your personal data that you have previously provided to us in a structured, commonly used and machine-readable format, and you have the right to request that we transfer your personal data to another controller in compliance with legal conditions; the application of this right does not affect your right to erasure of your personal data. However, the right to portability only applies to personal data that we have obtained from you with your consent or under a contract to which you are a party.

Right to object to the processing of personal data (Article 21 of the Regulation)

If the processing of your personal data is based on our legitimate interest, or if we process your personal data for the purpose of direct marketing, you have the right to object to this processing of your personal data. If you file an objection, and we do not demonstrate any compelling legitimate reason for processing your personal data, or if you object to the processing of your personal data for direct marketing purposes, we will not further process your personal data for these purposes.

Right to deactivation of automated individual decision-making, including profiling (Article 22 of the Regulation)

There is no automated decision-making or profiling from our side in processing your personal data.

Right to lodge 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 or the Regulation, you have the right to lodge a motion for the initiation of proceedings on the protection of personal data at the Office for Personal Data Protection, with its registered office at Hraničná 12, 820 07 Bratislava, Slovak Republic, corporate ID: 36 064 220 (hereinafter “the Office”) or other competent authority, in particular in the Member State of your usual residence, the place of performing work, or the place of the alleged infringement.

The motion for the initiation of proceedings (hereinafter “the motion”) must contain the first name, last name, correspondence address and signature of the petitioner, identification number, if assigned, the subject matter of the motion, indicating which rights are believed to have been infringed in the personal data processing, evidence in support of the allegations made in the motion, a copy of a document, all other evidence proving the exercise of the right as per the second part of the second chapter of the Act or Regulation, if the data subject exercise this right, or a statement of the reasons worthy of special consideration for not having exercise the right in question when the data subject submitted the motion.

A model motion for the initiation of 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 exercise your rights at the competent court of the Slovak Republic if you believe that as a result of processing your personal data in violation of the Regulation, your rights under the Regulation have been infringed.

In the event that you need any explanation, advice, or discussion regarding further processing of your personal data, you can contact us at any time at the e-mail address: info@herrys.sk

This Document shall enter into effect on 25 May 2018