Privacy Policy
Introduction
As Portugal is part of the EU and our company (Diamond Properties Algarve) is registered as a business for 30 years in Portugal, we adhere to the GDPR legislation. The GDPR (General Data Protection Regulation) set rules concerning the protection of personal data which was adopted in May 2016, it is a comprehensive privacy legislation that applies across all sectors and companies of all sizes which replaces the Data Protection Directive 1995/46. The EU Charter of Fundamental Rights stipulates that EU citizens have the right to protection of their personal data and aims at making Europe fit for the digital age with the overall objectives to lay down rules for i) the protection of personal data and ii) the movement of data.
1.WHO WE ARE & OUR POLICY PURPOSE
Dream Diamond Properties Algarve trade as Diamond Properties Algarve also known as Diamond Algarve. Reference to ‘we/us/our’ in this document is Diamond Properties Algarve and you/your/user/visitor is you the reader, our current/potential client, customer and partner.
We are a registered Portuguese owned company in Portugal with Loule Council since 1995. We are a Licensed Real Estate Agency, one of the longest Portuguese owned independent family businesses established in the region. We service both International and National clients and customers, including many English speakers from all over the World, as well as Portuguese customers and partners, fluent in both languages with heritage roots in Portugal, Ireland and the UK, communicating effectively with both the local and overseas Portuguese and English speaking community who want to live in or own a holiday home in Portugal.
As many of our clients live and work abroad from countries such as America, Canada, England, Scotland, Wales, Ireland, France, Italy and Brasil and many other European and International Countries, we have provided this Policy in English to reach a wider audience of international English speakers, expats and immigrants interested in moving to or from Portugal. Our staff are bilingual in English and Portuguese to help the local and international Portuguese community. To access this Policy in your language you can copy and paste sections to a trusted online free translation service such as Google translate or similar.
Our property portfolio includes private residential property, holiday homes, resorts, new condo developments, businesses and commercial premises, covering the whole of Portugal, specialising in the Central Algarve including Loule, Almancil, Vale do Lobo, Quinta do Lago, Quarteira, Vilamoura, Albufeira.
Our assigned Licence to sell properties is AMI 13405 (previously 1100), and our Governing Body Association Membership APEMIP number is 469. Our company is registered to sell properties in Portugal under company registration number 4477/200000105 with Portuguese VAT number 504 809 253.
Our company operates in Portugal as a dual Real Estate Agency, meaning we work directly with the buyer/entrepreneur/investor and homeowner/business owner/developer including a residential house, holiday home and commercial property, in addition to the professional partners we also collaborate with. Our business services include house hunting, property searches, showing homes, neighbourhood tours, valuations, marketing, home staging, negotiating, and the sale and purchase of property.
Our business also offers a complete Property Management Service where we assist the homeowner and guest and maintain the property and homeowner’s vehicle. We undertake all aspects surrounding assisting with vacant/rented property getting it ready to sell, buy or rent in Portugal, all detailed in our website under Services. This document details our Business Terms and Conditions of Service to protect our company business and sensitive customer data and covering all legal risks.
Diamond Properties Algarve respects your privacy and security and is committed to protecting your personal data. This privacy policy aims to inform you about your personal data, how we manage it, your privacy rights and protection, and to provide you with information on how we collect and process your personal data through your use of this website and/or our services, including any data you may provide through this website, when you sign up to our newsletter, during email transactions, telephone calls, events and exhibitions, when you enquire, acquire or use any of our services or take part in or respond to any special offers or any marketing, competitions, publications or advertising. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.If a change happens to our business, then the new business owners may use your personal data in the same way as set out in this privacy notice.
2.DATA CONTROLLOR
This privacy policy is issued by Dream Diamond Properties Algarve Mediação Imobiliária Unipessoal LDA which consists of the following trade names for whom we are the data controller of:-
Diamond Properties Algarve www.DiamondPropertiesAlgarve.com
Diamond Algarve found across most Social Media platforms.
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this policy. If you have questions, including any requests to exercise your legal rights, please contact the DPO using the details set out below.
The contact and communication details for our company are as follows:
Please keep us informed if your personal data changes at any time, or if your circumstances change or you no longer wish to receive emails, newsletters or texts messages, or phone calls, for this reason it is important that the personal data we hold about you is accurate and current or removed, please update us at email: DiamondP@mail.telepac.pt.
3.THIRD PARTY WEBSITE LINKS
Dream Diamond Properties Algarve Mediação Imobiliária Unipessoal LDA website may include third party website links, widgets, plug-ins and applications by clicking on those links or enabling those connections these actions may allow third parties to collect or share data about you. Once you leave our website we do not control and are not responsible for third party privacy policies and we encourage you to read the privacy notice of every website you visit.
4.COLLECTION OF YOUR PERSONAL DATA
To ensure we provide you with the best service for your property purchase or sale experience, we use different methods to collect data from and about you through:
a) You contacting us direct sharing your name, contact details and service requirements, this includes personal data you provide when you:
b) Most websites have in-built Cookies and automated technologies, however when you browse our current website as we write this policy our website does not use Cookies, pop-ups or automatically collect your data, however a future updated website version may automatically collect technical data about your browsing preferences, actions, patterns and location.
c) Our website is hosted off sight by a third party, our website does have live web chat facility and an online form on Contact Us that collects your data where you can volunteer to input your contact information and raise your query for us to contact you to as a potential customer, where we save it for future business.
d) We receive technical data about you if you visit other websites utilising their cookies, online forms, technologies and contact details.
e) Third party and other available public sources. We may receive personal data about you from various third parties and public sources such as:
5.DATA ABOUT YOU
Personal data means any personal information which can directly and personally identify an individual data subject, not data where the identity of the individual has been removed (anonymous subject data).
The different kinds of personal data we may collect, use, store and transfer about you is grouped together follows:
Failure to provide personal data where by Portuguese or EU Law we are required to collect your personal data under the terms of a contract we have with you, and you fail to provide data that is accurate, incomplete, on time or not at all or fail to make an outstanding payment, when requested, we may not be able to continue to provide you with the services, resources and contacts performed within our contract and we will resort to legal resources to share your date to collect outstanding payments, and we will notify you in writing by email, text or post if this is the case.
6.HOW YOUR PERSONAL DATA IS USED
We may use your personal data in the following circumstances:
We rely on consent as a legal basis for processing your personal data in relation to contacting you by phone or sending direct marketing communications to you via email or other resources. Your consent includes completing our online form, responding to marketing or advertising, contacting us directly, acquiring our home services to sell, rent or manage your home, providing us with your doorkey, passing your details to a third party who has referred you/us, in these circumstances we consider you have an interest in our services or similar products or services offered by or through us or our partners, and you have permitted us under data protection legislation to communicate with you and issue you with an invoice, where appropriate, to enable you to reimburse us for our services.
We comply with data protection legislation in our electronic marketing and you have the right to withdraw consent to marketing at any time by emailing us at: DiamondP@mail.telepac.pt.
7.MARKETING
We aim to provide you with a personal service that supports your individual needs and wants and enables you to choose how certain personal data is used;
a) Promotions - we may contact you with our services, properties, contacts, products, resources, tips, news or information we think you may want or need to know. You will receive marketing from us if you have submitted a request. You can opt out (below) if you decide whether this is not relevant for you and you no longer want to receive advertising and marketing we issue.
b) Third-parties – We work with third parties in the property industry professionals who may have information, products, services or properties or money saving resources for which you provide your opt-in consent to share your personal data with us or them.
c) Opt-out – By contacting us you can opt-out of your personal data being used to send you marketing materials and messages from or us, or our third parties. This excludes your personal data provided as a result of business transactions and services you have experienced from us/third parties.
d) Change of purpose – Please contact us if your circumstances, interests or personal data has changed and inform us with the new purpose/information for us to update your data. You can request an explanation as the new purpose we collect your personal data and how we process it to be useful and compatible to you.
e) Home Service – help you buy, sell, rent or manage a property.
Please note we will notify you to explain if we need to use/process your personal data for an unrelated purpose without your knowledge or consent where this is in compliance with, required or permitted by law for a legal basis which allows us to do so.
8.PERSONAL DATA DISCLOSURE
Your personal data may be shared as per paragraph 4 above with third parties set out below;
We respect the security of your personal data and require all third parties we chose to share it with to treat it in the same way in accordance with the law, our detailed specified purposes, and our instructions to prevent misuse.
We do not permit, share nor allow internal or external third parties to misuse or process your personal data for their own purposes or self gain or to the detriment of our business purpose of finding/selling/managing/letting property for which we stand to receive legitimate payment for our services which is our sole company income.
9.TRANSFERS INTERNATIONALLY
We work with national and international professional partners who may offer you services, products or information outside of the EEA (European Economic Area), where we are unable to ensure a similar degree of protection for your personal data as exists within the EEA. If you enquire about them this will involve your personal data being transferred internationally at your consent/request or on your behalf.
10.SECURITY OF DATA
We limit access to your personal data to internal and external third parties including buyers, sellers, guests, landlords, employees, agents, contractors and other third parties who have a legitimate business need to know. We enter into an agreement that they will only process your personal data on our instructions and they are subject to a duty of confidentiality. We continually review our Security of Data to endeavour to ensure efficient and effective measures are in place to prevent yourpersonal data from being misused, lost, altered, disclosed or accessed in an unauthorised way.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
11.RETENTION OF DATA
We retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of any legal, accounting, or reporting requirements.
As well as the purpose for retaining your personal data we also take into consideration the nature, amount, and sensitivity for which we process it and whether it needs to be archived.
We consider the potential risk of harm to you and our business from any unauthorised use or disclosure of personal data and the applicable legal requirements, actions and consequences for such harm.
You can independently determine the appropriate legal retention period for your personal data by contacting your lawyer or accountant.
We are required by law for tax purposes to keep our company information for a minimum of six years after each business transaction is complete. In some circumstances you can ask us to delete your data, for further information see below for Removal Request.
12.LEGAL RIGHTS
You have the right to:
To find out more about these rights, and if you wish to exercise any of the rights set out above, please contact us at: DiamondP@mail.telepac.pt.
13.DATA ACCESS FEES
To receive reasonable access to your personal data in a commonly used structure or format is free of charge and will be provided in a convenient and realistic timeframe (see below) as soon as we are available to do so, of which you will be notified. You will not have to pay a fee to access your personal data in standard form (or to exercise any of the other rights). However, if your request is clearly excessive, unfounded or repetitive we will charge a reasonable Administration Fee. Alternatively, we reserve the right to refuse to comply with unreasonable requests under abusive circumstances.
14.AUTHENTICATION SECURITY
For your security reasons to help us confirm your identity we may need to request specific information from you to help us ensure your right to access your personal data is secure (or to exercise any of your other rights), to prevent disclosure to any person who has no right to receive your personal data. To speed up our response to comply with your request for acquiring our services and you may be asked for authentication requirements or further information in order for us to process your request.
15.TIME LIMIT
We aim to response to all legitimate requests within one month, subject to the request type and urgency of the situation. Should we consider it may take us longer such it is complex or there have been a large number of requests, we will notify you and keep you updated. In the event of an emergency or breach situation please advise us and we will endeavour to inform or respond to you within 72 hours or as soon as practicable.
16.LEGAL OBLIGATION
We do not use your personal data for activities that can potentially impact you or your rights, for our own interests, to the detriment of our company, for your self gain and we consider this before we process your personal data for legitimate interests (unless required by law or part of our Performance of a Contract we have with you).
Legitimate Interest means the interest of the business we are conducting and managing, so as to provide you with the best experience to facilitate our services for your property search, rental, management, sale or purchase and investment and other professional legitimate business relationship we have with you.
Performance of a Contract means processing your data where it is necessary to perform the services you contractually acquire of us to which you are a party or to take steps at your request before entering into such a contract, in order to renumerate our company for the initiation, introduction, purchase, duration and/or completion of our services or products delivered as part of our professional business relationship. We do not introduce you to clients free of charge or with time limits.
Unless required by law means we may, when processing your personal data, be subject to compliance with a legal or regulatory obligation.
17.THIRD PARTIES
Internal and External Third Parties
From time to time we may introduce to you, you to, recommend or refer you to internal or external third party contacts with your consent for legitimate interest or performance of a contract for which you are a party.
In certain circumstances Regulators and other authorities, who may act as processors, based in Portugal (or abroad, in relation to products or services located abroad), may require reporting of processing activities that legitimately require your data for legal purposes within the terms of the Law.
Internal and external third parties include but are not limited to, commercial partners providing products or services including processing, technical, security, marketing, legal or information related to properties and home ownership and life in Portugal, including real estate agents, property developers, our clients homeowners/home buyers, lawyers and notaries, engineers, insurers, banks, mortgage providers and financial services companies such as foreign exchange companies, tax advisers, wealth management, and event organisers, media and marketing companies.
Last updated: 25/08/2024