PRIVACY POLICY
Information pursuant to Section 20 of the Information Act (Info. tv.)
Website operator: Villanegyed Kft.
Villanegyed Kft. is a member of the Hungarian National Association of Real Estate Agents (MIOSZ).
Operator details:
Name: Magyari Zita. Registered office: 1029 Budapest, Hűvösvölgyi út 138. Tel.: +36302115812. Fax: Web: www.villanegyed.hu. Facebook: https://www.facebook.com/villanegyed.ingatlaniroda/
Data protection contact: Maár József, email: info@villanegyed.hu
I. Introduction
Villanegyed Kft., as controller (Controller), sets out below its data processing principles and the standards it has established for itself and observes in that capacity. Its data protection principles are consistent with the applicable legislation on data protection, including in particular the following:
In drawing up these rules, we have given particular consideration to the following statutory obligations:
- Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information (Info. tv.);
- International conventions and European Union sources of law concerning data protection, in particular Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing 95/46/EC (General Data Protection Regulation);
- Act C of 2000 on Accounting (Accounting Act);
- Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (Electronic Commerce Act);
- Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities (Advertising Act).
Act V of 2013 on the Civil Code (Ptk.) and legislation relating to the sale of real estate also apply as background legislation.
This Policy uses the definitions in the Information Act for terminology relating to data processing.
This Policy also takes account of the European General Data Protection Regulation, with the proviso that the Policy must be reviewed after the Regulation enters into force.
The terms used in this notice are to be interpreted in accordance with the definitions in Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information. If you have any questions or any term is unclear, please contact our data protection contact.
Data subject: any identified natural person, or natural person identifiable directly or indirectly on the basis of personal data. In the case of advertisements, this means the persons placing them. When a real estate transaction takes place, the data subjects are its participants and anyone whose rights or legitimate interests are affected by it.
Personal data: data relating to a data subject, in particular their name, identification number and one or more factors specific to their physical, physiological, mental, economic, cultural or social identity, together with conclusions concerning the data subject that can be drawn from such data.
Consent: a freely given and definite expression of the data subject's wishes, based on adequate information, by which they unambiguously agree to the processing of their personal data, either comprehensively or for particular operations.
Objection: a statement by which the data subject objects to the processing of their personal data and requests that processing cease or that the data being processed be erased.
Controller: a natural or legal person, or an organisation without legal personality, that alone or jointly with others determines the purpose of processing, makes and implements decisions concerning processing, including the means used, or has them implemented by a processor.
Processing: any operation or set of operations performed on data, regardless of the procedure used, including collection, recording, registration, organisation, storage, alteration, use, retrieval, transmission, disclosure, alignment or combination, blocking, erasure and destruction, preventing further use, making photographic, audio or video recordings, and recording physical characteristics that can identify a person, such as fingerprints or palm prints, DNA samples or iris images.
Technical data processing: the performance of technical tasks associated with processing operations, irrespective of the methods and means used or the place of performance, provided that the technical task is performed on the data.
Processor: a natural or legal person, or an organisation without legal personality, that performs technical data processing under a contract, including a contract concluded pursuant to a statutory provision.
Data transmission: making data available to a specified third party, that is, transferring the data.
Disclosure: making data available to anyone, for example by publication on the internet.
Erasure: rendering data unrecognisable in such a way that they can no longer be restored.
Marking: attaching an identification mark to data to distinguish them.
Blocking: attaching an identification mark to data to restrict further processing permanently or for a specified period.
Data file: all data processed within a single register.
Third party: a natural or legal person, or an organisation without legal personality, other than the data subject, controller or processor.
Personal data breach: unlawful processing or technical processing of personal data, in particular unauthorised access, alteration, transmission, disclosure, erasure or destruction, as well as accidental destruction or damage.
II. PRINCIPLES GOVERNING DATA PROCESSING BY Villanegyed Kft.
The collection and processing of personal data by Villanegyed Kft. are based on law or on the voluntary consent of the data subject using the service.
On the basis of your voluntary consent (Section 5(1)(a) of Act CXII of 2011, hereinafter Infotv.). You consent to the processing of your personal data by signing an agency agreement with the Controller, making a purchase or sale offer through the Controller, or communicating an offer to the Controller. You also consent by contacting the Controller in person, by telephone, electronically or otherwise to request information, or by making an offer to conclude a contract, sell or purchase through any of these channels and providing your personal data for that purpose. Consent may also be given by using a service available on the Controller's website, such as newsletter subscriptions or support services, or by applying for a job advertised on that website. Details of which of your data are processed on the basis of voluntary consent are provided below.
The Controller collects and processes certain personal data because this is also required by law (Section 5(1)(b) of Infotv.). One such law is Act LIII of 2017 on the Prevention and Combating of Money Laundering and Terrorist Financing (Pmtv.), which requires the Controller to carry out customer due diligence on persons qualifying as customers, record specified personal data and retain those data and the associated documents. Processing may also be based on laws concerning taxation or the retention of accounting records, including Act CXVII of 1995 on Personal Income Tax, Act C of 2000 on Accounting and the Value Added Tax Act,
Act CXXVII of 2007. Details of which of your data are processed under the Pmtv. or other legislation are provided below.
In addition, unless otherwise provided by law, Villanegyed Kft. may process the personal data collected to comply with its legal obligations or to pursue its own or a third party's legitimate interests, provided that pursuing those interests is proportionate to the restriction of the right to personal data protection. Such processing may take place without additional consent and after the data subject has withdrawn consent.
III. OUR PROCESSORS
Your personal data are stored on our server. Hosting is provided, in the capacity of processor, by Villanegyed Kft. (registered office: 1029 Hűvösvölgyi út 138.; telephone: +36302115812; email: info@villanegyed.hu).
Where property data appear in an advertisement placed with an external service provider in the performance of an assignment, the provider of that advertising platform is the processor in respect of those data.
Some of our agents and associates do not act as employees; they carry out processing activities as independent contractors.
IV. PROCESSING ACTIVITIES, LEGAL BASES, PURPOSES AND RETENTION PERIODS
The Controller processes personal data for various purposes in the course of several activities. Processing takes place in connection with the following activities:
- Real estate agency and valuation: Villanegyed Kft. provides real estate agency and valuation services under an agency or service agreement.
- Advertising services: data subjects, as sellers or landlords, may order advertising on the Villanegyed Kft. website under the following conditions. Villanegyed Kft. publishes the advertisement ordered on its website for the period requested by the data subject on the advertising order form. Advertisements contain only data voluntarily supplied by data subjects. Advertising URL: www.villanegyed.hu.
- Newsletter service: Villanegyed Kft. offers a newsletter service on its website, available to anyone who provides the necessary details.
- eDM messages: at the data subject's request, Villanegyed Kft. sends direct messages to the specified email address containing information about its services, possible promotions and other important information.
- Support services: Villanegyed Kft. provides various property-related support services on its website, which data subjects may use or subscribe to separately. Some newsletters and calculators are operated by MIOSZ, which acts as controller, while Villanegyed Kft. acts as processor for these services. Support services include free loan administration, state subsidies, customer satisfaction statements, a property transfer duty calculator and a property tax calculator for personal income tax.
- Creation of statistical and sales databases: for internal records, property market analysis, support for sales and
valuation, Villanegyed Kft. creates statistical and sales databases from property data, advertisements and data relating to sales.
- Job advertisements: jobseekers may apply through the Villanegyed Kft. website where this possibility is specifically indicated.
The following table provides detailed information on the categories of personal data, the purposes and legal bases of processing, and retention periods.
| Data subject | Data processed | Purpose of processing | Legal basis | Retention period |
|---|---|---|---|---|
| Property owner (seller) | Surname and given names, surname and given names at birth, nationality, place and date of birth, mother's birth name, home address or, failing that, residence, type and number of identification document. | Performance of a real estate agency or valuation assignment, provision of information, establishing contact between seller and buyer, facilitating the sale contract, and customer due diligence under the Pmtv. | Infotv., Section 5(1)(b) (mandatory processing); Pmtv., Sections 7-9; Infotv., Section 5(1)(a) (voluntary consent). | 8 years from completion or termination of the assignment. |
| Property owner (seller) | Tax identification number, personal identification number, bank account number, telephone number and email address. Property data: address and cadastral number, type (e.g. detached house, condominium, plot), purchase price, date of sale, year built, location within or outside the built-up area, construction condition (e.g. new, nearly new, renovated, used, requiring renovation or demolition), plot area and internal usable floor area, construction method, level of amenities, heating method, number of rooms, external/internal condition, photographs and floor plan. Other features and technical data where necessary. | Performance of a real estate agency or valuation assignment, information, establishing contact between seller and buyer, and facilitating the sale contract. Supporting possible enforcement of the Controller's rights. Use of property data to create statistical and sales databases and for valuation, excluding the customer's name and house number. | Infotv., Section 5(1)(a) (voluntary consent). | Up to 5 years from recording, or, if longer, 5 years from completion/termination of the assignment. Data processed for statistical and valuation purposes are retained until consent is withdrawn, but no longer than 10 years from recording. |
| Buyer, offeror | Surname and given names, surname and given names at birth, nationality, place and date of birth, mother's birth name, home address or, failing that, residence, type and number of identification document. | Performance of a real estate agency assignment, information, establishing contact between seller and buyer, facilitating the sale contract and customer due diligence under the Pmtv. | Infotv., Section 5(1)(b) (mandatory processing); Pmtv., Sections 7-9; Infotv., Section 5(1)(a) (voluntary consent). | 8 years from recording. |
| Buyer, offeror | Tax identification number, personal identification number, telephone number and email address. | Performance of a real estate agency assignment, information, establishing contact between seller and buyer and facilitating the sale contract. | Infotv., Section 5(1)(a) (voluntary consent). | Up to 5 years from recording. |
| Viewer | Name, mother's name, home address, telephone number and email address. | Performance of a real estate agency assignment, information, establishing contact between seller and buyer and supporting possible enforcement of the Controller's rights. | Infotv., Section 5(1)(a) (voluntary consent). | Up to 5 years from recording. |
| Other enquirer, prospective buyer | Name, telephone number, email address; details of the property sought: type, location (town/district), area, number of rooms, floor, heating method, minimum/maximum price. | Providing information, responding to enquiries and establishing contact between seller and buyer. | Infotv., Section 5(1)(a) (voluntary consent). | Up to 5 years from recording; in the case of a further enquiry, up to 5 years from that enquiry. |
| Advertiser | Name, email address and telephone number. Property data: location (town, district, street name, floor), type, year built, orientation, views, construction condition, floor area, plot area, ceiling height, construction method, level of amenities, heating method, number of rooms, parking options, asking price, photographs and advertisement text. | Providing advertising services on the Controller's website. Using property and advertisement data to create statistical and sales databases and for valuation. | Infotv., Section 5(1)(a) (voluntary consent). | The Controller retains the name, email address, telephone number and house number for up to 5 years from recording. Other property data are retained for statistical and valuation purposes until consent is withdrawn, but no later than 10 years from recording. |
| Newsletter subscriber | Name and email address. | Providing the newsletter service. | Infotv., Section 5(1)(a) (voluntary consent). | Until unsubscribing or termination of the newsletter service. |
| eDM subscriber | Name and email address. | Sending marketing information emails. | Infotv., Section 5(1)(a) (voluntary consent). | Until unsubscribing from eDM messages or termination of the eDM service. |
| Support service user | Depending on the service: property type, method of acquisition, market value, years of sale and purchase, sale and purchase prices, acquisition and sale costs, value of improvements, name, net monthly income, requested loan amount, property purchase price, email address and telephone number. | Providing the website's support services and, where necessary, contacting the user by email or telephone and providing information. | Infotv., Section 5(1)(a) (voluntary consent). | For the period necessary to provide the service. |
| Job applicant | Required in the application: name, email address and telephone number. Details the applicant may additionally provide: home address, place and date of birth, mother's name, qualifications and previous workplace(s). | Assessing applications, arranging a personal interview and filling the vacancy. | Infotv., Section 5(1)(a) (voluntary consent). | 3 years from assessment of the application. |
Terms used in the table:
Property owner (seller): a person who owns a property marketed by the Controller, holds a property right in it, such as a usufruct, or has concluded an agency agreement with the Controller for marketing the property, and the authorised representatives of such persons.
Buyer, offeror: a person who has made a purchase offer for a property marketed by the Controller.
Viewer: a person who has viewed a property marketed by the Controller.
Other enquirer, prospective buyer: in addition to the above, a person who requests information from or makes an enquiry to the Controller in person, by telephone, electronically or otherwise in connection with its real estate agency activities, including contacting it to conclude an agency agreement or to enquire about selling or buying.
Advertiser: a data subject using the advertising services of Villanegyed Kft.
Newsletter subscriber: a data subject who has subscribed to the newsletter service on the website.
eDM subscriber: a data subject who has subscribed to emails providing information about the services of Villanegyed Kft., possible promotions and other important information.
Support service user: a data subject who has used a support service available on the website.
Job applicant: a data subject applying for a vacancy advertised on the website.
V. CREATION OF STATISTICAL DATABASES AND DATA TRANSMISSION
Villanegyed Kft. is a member of the Hungarian National Association of Real Estate Agents (MIOSZ). Villanegyed Kft. is a key software development and service partner of MIOSZ for back-office and front-office solutions and the creation of statistical and sales databases.
To serve customers more efficiently, improve sales effectiveness, determine more appropriate asking prices and provide high-quality valuation services, Villanegyed Kft. shares advertisement and property data with MIOSZ, Villanegyed Kft. and MIOSZ's partners for statistical and sales purposes. Advertising also includes cases where the advertiser uses only the advertising platform directly, on their own behalf, without a real estate agency contract. The MIOSZ privacy policy is available at: (LINK) www.villanegyed.hu. The Villanegyed Kft. privacy policy is available at: (LINK)www.villanegyed.hu.
Accordingly, the following data are transmitted to MIOSZ and Villanegyed Kft. to create statistical and sales databases: property location, including postcode, town/district, street name and floor; number of storeys in the building; property type, such as detached house, condominium or plot; location within or outside the built-up area; construction condition; plot area; internal usable floor area; number of rooms; construction method, such as brick, prefabricated panel, mixed or other; level of amenities; heating method; marketability rating (1-10); year built; external and internal condition; floor plan; photographs; date of sale; sale price; additional equipment and features; and advertisement text.
Please note that information identifying the property's exact address, such as its house number or cadastral number, is not transmitted.
If you do not consent to data collection for statistical and sales purposes or to the processing and transmission of those data, please notify us separately of your objection.
Contact details of recipients: Hungarian National Association of Real Estate Agents, registered office/postal address: 1126 Budapest, Orbánhegyi út 14. Villanegyed Kft., registered office/postal address: 1029 Budapest, Hűvösvölgyi út 138.; telephone: +36302115812; email: info@villanegyed.hu. Recipients may process the transmitted data only for the purposes specified above.
VI. PERSONS AUTHORISED TO ACCESS THE DATA
During the processing period, personal data may be accessed within the Controller's organisation only by its manager, members personally involved in the company's activities, and employees or contractors who need access to perform their duties. Data may also be accessed by persons working for service providers or contractors providing services to the Controller, where access is necessary for the performance of their duties.
III. OUR PROCESSORS
The hosting and server for the Villanegyed Kft. website are provided by Villanegyed Kft., so it does not use a separate processor for data stored there.
Where property data appear in an advertisement placed with an external service provider in the performance of an assignment, the provider of that advertising platform is the processor in respect of those data.
Some of our agents and associates do not act as employees; they carry out processing activities as independent contractors.
Your data may be transmitted in the following cases:
- If the data subject wishes to use a loan broker recommended by the Controller, their name, telephone number, email address and, where applicable, the amount of the requested loan are transmitted to that broker for this purpose. At the time of transmission, the Controller will inform you of the broker's name and contact details.
- If the data subject wishes to use a lawyer recommended by the Controller, their name, birth name, identification document number, place and date of birth, mother's name, tax identification number, home or residence address, bank account number, and the property's address and cadastral number are transmitted to the lawyer preparing the documents for the purpose of drawing up the sale contract and other necessary documents. At the time of transmission, the Controller will inform you of the lawyer's name and contact details.
- If the data subject wishes to use a specialist recommended by the Controller to prepare an energy performance certificate, the seller's name, address and telephone number and the property data are transmitted for that purpose. At the time of transmission, the Controller will inform you of the specialist's name and contact details.
VII. DATA SECURITY
Villanegyed Kft. safeguards personal data through physical and technical protection appropriate to the state of technology, preventing unauthorised access, alteration or transmission and intentional or accidental erasure or destruction. Villanegyed Kft. undertakes, if a personal data breach nevertheless occurs, to suspend the service immediately and publish a statement until the fault is remedied.
VIII. REMEDIES
A. Modification, erasure and blocking of data
1. The data subject may modify their data or request rectification at any time.
2. Except where processing is mandatory, the data subject may erase their personal data or request their erasure or blocking. In certain cases, early erasure may result in the loss of an entitlement, such as exclusion from a prize draw or from consideration of an application.
3. Villanegyed Kft. may also erase personal data as a sanction in the cases and in the manner specified in the Terms of Use.
4. Villanegyed Kft. also erases personal data if processing is unlawful, its purpose has ceased, the statutory retention period has expired, erasure has been ordered by a court or the National Authority for Data Protection and Freedom of Information, or processing is incomplete or incorrect and cannot lawfully be remedied, provided that erasure is not prohibited by law.
5. After the Service ends and the period specified in Chapter IV expires, Villanegyed Kft. erases the personal data of Service Users processed in connection with that particular Service, except data required to fulfil statutory obligations, such as accounting obligations.
6. Instead of erasing personal data, Villanegyed Kft. blocks them in the cases specified in the Terms of Use, when the data subject requests this, or when the information available suggests that erasure would prejudice the data subject's legitimate interests. Such blocked data are processed only for as long as the processing purpose that precludes erasure continues to exist.
7. Consent to direct marketing or marketing communications containing commercial advertising may be withdrawn separately for each type of communication, such as newsletters or eDM, at any time, without restriction, justification or charge, using the instructions at the bottom of messages or the method and address specified here. In the cases specified in the Terms of Use, and within the limits of the law, the Service cannot be used after consent is withdrawn. In other cases, withdrawal does not terminate use of the Service, such as registration.
8. Session cookies placed by Villanegyed Kft. on the data subject's end-user device are deleted when the browser closes. Persistent browser cookies are stored on the device's hard drive and remain after the browser closes until manually deleted or until they expire. Browser cookies may be deleted at any time, and their use may be refused through browser settings; in that case, the data subject may be unable to use all features of the Service. Cookies must be disabled separately in each browser and on each device. Cookie management is generally available under privacy settings in the browser's tools/settings menu. Flash cookies placed by Villanegyed Kft. are stored on the hard drive and collect data until deleted or until the Flash plug-in is disabled. Further information on permanent deletion is available at http://javascriptprog.hu/2011/02/28/flash-cookie-1-resz-megosztott-helyi-objektum/ (in Hungarian) and http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html (in English).
B. Information
1. The data subject is entitled at any time to request information about their personal data processed by Villanegyed Kft., using the contact details specified in the Terms of Use for the relevant Service or in this Policy.
2. At the data subject's request, Villanegyed Kft. provides information about their data processed by it or by a processor engaged by it or on its instructions, the sources of the data, the purpose, legal basis and duration of processing, the processor's name, address and related activities, the circumstances and effects of any personal data breach and the remedial measures taken, and, where data are transmitted, the legal basis and recipient of transmission. The Controller must provide this information in an intelligible form as soon as possible, and no later than 25 days after the request, in writing if the data subject so requests.
C. Objection to the processing of personal data
1. The data subject may object to the processing of their personal data:
a. if processing or transmission is necessary solely to fulfil a legal obligation of Villanegyed Kft. or to pursue the legitimate interests of the controller, recipient or a third party, except in cases of mandatory processing;
b. if personal data are used or transmitted for direct marketing, opinion polling or scientific research; and
c. in any other case specified by law.
2. If Villanegyed Kft. finds the objection justified, it ceases processing, including further collection and any transmission, blocks the data, and notifies all persons to whom it previously
transmitted the User's personal data concerned of the objection and the measures taken. Those persons must take action to give effect to the right to object.
3. Where processing is required by law, for example for accounting purposes, the Controller may not erase the data. However, it does not transmit the personal data to the recipient if it agrees with the objection or a court has found the objection justified.
D. Submitting requests to Villanegyed Kft.
1. Requests concerning individual Services under points VIII.A-C may be submitted using the contact details at the beginning of this Policy. Villanegyed Kft. must provide information in an intelligible form as soon as possible, and no later than 25 days after submission, in writing if you so request.
2. As the data subject's account is password-protected and safeguarding the password and keeping it secret are the data subject's responsibility, Villanegyed Kft. treats requests submitted through that account as originating from the data subject.
3. Where requests may be submitted by email, Villanegyed Kft. treats a request sent from an email address previously supplied for the relevant Service as originating from the data subject. Requests from another email address or in writing may be submitted only if the requester has adequately demonstrated their status as data subject in the manner required by Villanegyed Kft. or by law.
4. If processing by Villanegyed Kft. is not based on the data subject's consent but was initiated abusively by a third party, the data subject may request erasure of personal data published about them by a User and information about the processing, upon appropriately proving their identity and connection to the personal data.
5. Following a data subject's death, any close relative or person named as a beneficiary in their will may, on presenting the death certificate or sending a copy to the Service's customer service address, request erasure of the deceased's data upon proving their relationship to them, and request transmission of the data upon proving a legitimate interest.
E. Remedies
Any data subject whose rights are infringed in connection with the processing of their personal data may bring an action before a court. The regional court has jurisdiction. At the data subject's choice, proceedings may also be brought before the regional court for their home or residence. The data subject may initiate proceedings before the National Authority for Data Protection and Freedom of Information if a violation relating to personal data processing has occurred or is imminent. Authority contact details: postal address: 1530 Budapest, Pf.: 5.; telephone: +36 (1) 391-1400; email: ugyfelszolgalat@naih.hu; website: http://naih.hu.