INFORMATION ON THE PROTECTION AND PROCESSING OF PERSONAL DATA
I, Petr Brzobohatý, ID No.: 74989316, with registered office at Čajkovského 1815/19, Brno 616 00, Czech republic, hereinafter referred to as “Real Estate Agent”), as the data controller, process the personal data of my clients in connection with the provision of real estate brokerage services (hereinafter referred to as “Services”) in the United Arab Emirates with a developer (hereinafter referred to as “Developer Company”).
For any questions regarding privacy, data processing and the exercise of your rights, please use the following contact details:
⦁ Contact person: Petr Brzobohatý
⦁ E-mail: info@myapartmentindubai.com
⦁ Phone number: +420774230555
1. For what purpose and what personal data do I process?
I process personal data primarily to provide you with real estate brokerage services in accordance with the law. Thus, I process your personal data for the purposes of negotiating and fulfilling our contractual obligations to our clients. I then have to process a number of personal data because it is necessary for us to fulfil our obligations under the law. In addition to this, I also process some data to protect legitimate interests and in some cases I need your consent to process your data as detailed below.
1.1 Conclusion and execution of the contract between the client and the Developer
As a real estate broker, I provide Services to my clients in the sense of arranging the conclusion of a purchase contract for a property in the United Arab Emirates directly with a real estate development company.
In order to mediate the purchase of a property, I need the following personal data of our clients:
⦁ identification data of our client or a person acting on behalf of the client (name, surname, date of birth, birth number) and contact details of the client or a person acting on behalf of the client (permanent address, delivery address, e-mail, telephone),
⦁ information about the Services requested by the Client, including information about the property requested or offered by the Client, or information about the Client’s membership in a housing cooperative, and other information contained in the Real Estate Mediation Contract or information necessary for the preparation of contractual documentation under the Real Estate Mediation Contract,
⦁ a copy of your travel document,
⦁ a copy of your ID card,
⦁ data from communication with the client.
The legal reason for processing the above data is the conclusion and performance of the Real Estate Mediation Contract concluded with our clients. Without the above data, we cannot conclude and/or properly perform the Real Estate Mediation Contract.
1.2 Compliance with the obligations under the AML Act
A real estate broker is an obliged person within the meaning of Section 2(1)(d) of Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing, as amended (hereinafter referred to as “AML”), when brokering real estate transactions.
This implies (among other things) the obligation of the Real Estate Broker to identify the Client when providing the Services and to carry out ongoing checks within the framework of the business relationship.
In order to carry out the identification according to the AML, the Real Estate Broker processes the personal data of the client required by the AML, i.e.:
⦁ identification data (name, surname, birth number or date of birth (if no RIN is assigned), place of birth, sex, permanent residence, nationality), type and number of the identity card, the State/authority that issued the identity card and the period of validity of the card,
⦁ contact details (telephone number, e-mail address, employment or employer details) identification data of the natural person acting on behalf of the legal person in accordance with the provisions of Section 5(1)(a) of the AML (function within the legal person, name and surname, birth number or date of birth, gender, permanent residence, nationality, type and number of identity card, state/authority that issued the identity card and period of validity of the card),
⦁ data from the client’s declaration as to whether he/she is not a politically exposed person within the meaning of Section 4(5) of the AML and whether he/she is not a person against whom the Czech Republic applies international sanctions pursuant to Act No. 69/2006 Coll. on the Implementation of International Sanctions, as amended, and the client’s signature on this declaration.
The real estate agent is obliged to verify the identity of the client or the person acting on behalf of the client according to the image on the identity card. In accordance with the AML, the Real Estate Agent is entitled to take and process a copy of the client’s identity document as part of the performance of its obligations under the AML.
In addition, I identify and record data necessary to fulfil the AML control obligation, including:
⦁ information on the purpose and intended nature of the transaction or business relationship, information on the source of the funds or other assets involved in the transaction or business relationship, additional information on the origin of the assets in the case of a politically exposed person client, information on the ownership and management structure of the client and its beneficial owner in the case of a legal entity client, trust fund, etc., information on the identity of the beneficial owner in the scope of name, surname, date of birth and permanent address;
⦁ information on the progress of the business relationship.
I need to process the above data in order to comply with my obligations under the AML; without this data I cannot provide the Services offered. The legal reason for processing them is to fulfil the legal obligations of the Estate Agent. If the Real Estate Agent makes a copy of the identity document, the Real Estate Agent processes this copy on the basis of the legal basis of the performance of a task carried out in the public interest, which the Real Estate Agent is entrusted with.
1.3 Other obligations of the Real Estate Agent arising from legal regulations
The processing of personal data is also required by legislation other than AML. Typically, I have to process personal data necessary for the fulfilment of legal obligations in the field of accounting, the fulfilment of related tax obligations, or on the basis of archiving law.
2. From whom do I receive personal data and to whom do I transfer it?
I obtain personal data primarily from you, my client. You are only obliged to provide me with accurate information and if your personal information changes, you must update your information.
I use the following processors to process your personal data:
⦁ Real estate agent (broker),
⦁ Petr Brzobohatý, ID: 74989316
Personal data may be transferred to public authorities for the purpose of exercising their legal powers.
Personal data is transferred outside the EU to the United Arab Emirates, always only to the specific development company with which the reservation or purchase contract is concluded.
3. How do I process personal data?
I process your personal data manually in accordance with the relevant purpose where manual processing is necessary or appropriate.
Personal data may be processed in electronic form by automated means, specifically by the Estate Agent’s internal systems.
I always process personal data in accordance with the relevant legal regulations and ensure proper care and protection. I make sure that you do not suffer any harm to your rights, in particular the right to privacy and human dignity.
4. How long do I process personal data?
4.1 Conclusion and performance of the contract between the client and the Developer
Personal data processed for the purpose of fulfilling obligations under the Real Estate Mediation Contract and any reservation contract will be processed for the duration of the relevant contract.
4.2 Fulfilling legal obligations and tasks in the public interest
Personal data obtained on the basis of fulfilling the legal obligation to identify and control the client according to the AML will be stored in accordance with the requirements of Section 16(1) of the AML for a period of 10 years from the execution of the trade or from the termination of the business relationship with the client. This period starts on the first day of the calendar month following the calendar month in which the last transaction was carried out.
I process personal data processed for the purpose of fulfilling other obligations of the Real Estate Agent as provided by law for the period of time specified by the relevant law. The processing period for accounting documents is 5 years from the end of the accounting period, in the case of documents relevant for VAT payments it is 10 years from the end of the tax period in which the transaction took place.
4.3 Legitimate interests
I process personal data that I process for the purpose of protecting legitimate interests (defence of claims) for the duration of the relevant limitation periods, which in the Czech Republic may be up to 15 years from the occurrence of the relevant event. In this context, I process your identification data (name and surname) and contact data (e-mail, telephone), data about the contract with the client, information about its performance. Typically, this period is 5 years from the termination of the contract with the client.
4.4 Sending commercial communications
I send commercial communications as stated above until you unsubscribe. This option is listed within each communication and is free of charge.
5. What rights do you have?
In the first place, you have the right to request access to your personal data, including a copy of all media containing your personal data and a list of the personal data processed.
I will always keep you informed about:
(a) the purpose of the processing of personal data,
(b) the personal data, or categories of personal data, which are the subject of the processing, including any available information on their source,
(c) the nature of the automated processing, including profiling, and information concerning the procedure used, as well as the significance and foreseeable consequences of such processing for the data subject,
(d) the beneficiaries or categories of beneficiaries,
(e) the intended period of time for which the personal data will be stored or, if this cannot be determined, the criteria used to determine that period,
(f) any available information about the source of the personal data, unless it is obtained from you
Your other rights include
a) ask for an explanation,
(b) to request that I rectify the situation, in particular to block, rectify, supplement, restrict the processing or destroy the personal data (right to be forgotten),
(c) to request personal data relating to you in a structured, commonly used and machine-readable format and to transmit that data to another controller without any impediment,
d) submit an inquiry or complaint to the Office for Personal Data Protection, located at Pplk. Sochora 27, 170 00 Prague 7, Czech Republic
e) object to the processing of personal data concerning you.
6. How I protect your personal data
The following means of data security are used, among others: antivirus protection, firewalls, encryption, protection by passwords, authorization data, means of physical protection (guarded objects, locked premises), and others.