ENGEL & VÖLKERS WORLD IPS
Privacy Policy
Last updated: October 2020
INTRODUCTION
Engel & Völkers, together with its subsidiaries and affiliates (“Engel & Völkers”, “we”, “us” or “our”) take your privacy very seriously. This Privacy Policy (“Privacy Policy”) describes how we process, collect, share and otherwise use information about individuals (“Personal Information”) who use this Engel & Völkers World IPS located at login.evrealestate.com (“Portal”).
This Privacy Policy describes our collection, use, sharing and processing of Personal Information, and is also subject to the Terms of Use for the Portal (“Terms of Use”). Capitalized terms used, but not defined herein, shall have the meaning set forth in the Terms of Use.
This Privacy Policy applies to all users of the Portal (“you”, or “your”), including without limitation, Engel & Völkers and (A) its (i) brokers and sales associates, (ii) master licensees, (iii) licensees, (iv) sublicensees, (v) agents and/or (vi) franchisees (collectively, “Licensees”); (B) those persons or entities (and their respective personnel) who collaborate with Engel & Völkers to provide services to Engel & Völkers, its Licensees and/or their respective customers and who are permitted by Engel & Völkers to become Members under the Terms of Use (collectively, “Collaborators” as further defined in the Terms of Use); (C) suppliers to Engel & Völkers that provide certain services or products to Engel & Völkers and/or its Licensees that are permitted by Engel & Völkers to become Members as set forth in the Terms of Use (collectively, “Approved Suppliers” as further defined in the Terms of Use); and (C) the personnel of each of the foregoing (including of Engel & Völkers) granted access to the Portal; all of the foregoing being collectively referred to as “Users”).
For purposes of this Privacy Policy, we process your Personal Information as a “processor” and a “controller” under certain data protection laws, including, without limitation, the European General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”).
1. ACCEPTANCE OF PRIVACY POLICY.
ALL USE OF THIS PORTAL IS GOVERNED BY THIS PRIVACY POLICY AND THE TERMS OF USE AS WE MAY UPDATE OR MODIFY THEM FROM TIME TO TIME IN OUR DISCRETION.
PLEASE READ THIS PRIVACY POLICY CAREFULLY to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use this Portal.
BY ACCESSING OR USING THIS PORTAL, on behalf of yourself and/or your company or organization, you agree and consent to our practices, as described in this Privacy Policy, regarding the collection, use, processing and disclosure of your Personal Information. You are also agreeing to comply with the requirements contained herein.
This Privacy Policy may change from time to time. Your continued use of our Portal after we make changes is deemed to be acceptance of those changes. It is your responsibility to periodically check for updates.
2. PROCESSING ACTIVITIES COVERED.
2.1 Information to Which this Privacy Policy Applies.
This Privacy Policy applies to Personal Information collected, stored, processed, disclosed, shared and/or used by us when:
- You visit the Portal.
- You provide information through your use of the Portal.
- You visit our branded social media pages.
- You or we send or receive communications, including e-mail, text and/or other electronic messages.
- You download mobile and/or desktop applications from the Portal, if any, which provide dedicated non-browser-based interaction between you and this Portal.
- You interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Portal.
- You respond to any surveys that we might ask you to complete for research purposes or other purposes we may identify.
- We collect such information by other means as described in this Privacy Policy.
2.2 Information to Which this Privacy Policy Does Not Apply.
This Privacy Policy does not apply to information collected by:
- Us offline or through any other means, including without limitation, on any third party website, through your visits to our office and your attendance at events; or
- Any third party, including through any application or content (including advertising) that may link to or be accessible from or on this Portal (please see “Links from this Portal” below).
2.3. Links from this Website.
- This Portal may contain links to other websites, applications, services and resources provided by or maintained by third parties (which include without limitation, those of Collaborators and/or Approved Suppliers) (collectively, “Third Party Sites”). The information practices of such third parties and Third Party Sites, and/or of social media networks that host our branded social media pages are governed by third parties’ privacy policies or statements, which we encourage you to review to better understand such third parties’ privacy practices. If you decide to access any of the Third Party Sites, or otherwise use the products or services of third parties, Collaborators or Approved Suppliers, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Sites.
- Please note: Links to certain Third Party Sites or applications and services of Collaborators and Approved Suppliers may not be obvious because they may contain our branded media and/or content. Please note the URL at a Third Party Site or other identifying information on such Third Party Site to determine whether it is one of our websites. This is important because this Privacy Policy and our Terms of Use do not apply with respect to such Third Party Sites or the services, resources and/or the social media networks they or our Collaborators or Approved Suppliers provide. These Third Party Sites are governed by such third parties’ privacy policies or statements, which we encourage you to review to better understand such third parties’ privacy practices. As stated above, if you decide to access any of the Third Party Sites or use the products or services of any third party, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such Third Party Sites.
- PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT.
3.1 Personal Information We Collect Directly from You.
- The information we collect from you on or through the Portal, which includes Personal Information, includes:
- First name, last name, telephone number, email address and physical address.
- For sellers and lessors of real estate – address of applicable real estate, detailed descriptions of the premises, price, down payment, rental terms and other similar information. Note: Any User Contributions you post on and/or transmit to others are at your own risk. Although we may limit access to certain pages or otherwise undertake certain security measures, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of this Portal with whom you may choose to share your content or materials through the Portal (“User Contributions”). Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
- Information that you provide by filling in forms on the Portal. This includes information provided at the time of registering to use the Portal, subscribing to our services, posting material and/or User Contributions or requesting further services. We may also ask you for information when you report a problem with our Portal.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through the Portal, if any. You may be required to provide financial information before making certain uses of our Portal, or services and products offered through the Portal.
- Your search queries on the Portal.
- When you use and interact with this Portal, we automatically collect log files and other information about your device and your usage of this Portal and other details of your visits to this Portal, which may include traffic data, location data, other communication data, resources that you access and use on the Portal through cookies, web beacons or similar technologies, such as Internet Protocol (IP) addresses or other identifiers, which may qualify as Personal Information (please see Section 3.2, "Automatic Data Collection Technologies We Use" below).
3.2 Automatic Data Collection Technologies We Use.
As you navigate through and interact with the Portal, we use common information collection tools to automatically collect information. The information we collect automatically is statistical data and may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve the Portal and to deliver a better and more personalized service, including by enabling us to estimate our audience size and usage patterns, store information about your preferences and use of our services, allow us to customize the Portal and recognize you when you return to the Portal, among other things. This information is collected through our use of cookies and other tracking technologies including:
- Cookies. Cookies (browser cookies) are small files of letters and numbers that we store on your browser or the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Portal. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Portal.
- Flash Cookies. Certain features of our Portal may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Portal. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, please see Section 5.2, “Choices about How We Use and Disclose Your Information”, below.
- Log Files. When you access the Portal, our servers automatically record information sent from your browser, which may include your web request, Internet Protocol address, domain names, referring Uniform Resource Locator, browser type, browser language, and operating system; the date and time of your request and access; and Cookies that may uniquely identify your browser (collectively, “Usage Data”). We may combine Usage Data with Personal Information in a manner that enables us to trace Usage Data to an individual user, and may collect, use, preserve and disclose Usage Data in any manner that we may collect, use, preserve and disclose Personal Information as provided herein (whether Usage Data is combined with any Personal Information or otherwise).
- Web Beacons. Pages of our Portal and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related Portal statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
- Social Networks. We may allow you to log in to the Portal using sign-in services such as Facebook. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address. If you use the social networking connection functions offered through our services, we may access your social network profile information that you have made available to be shared and to use it in accordance with this Privacy Policy. Please refer to the instructions governing your social network account to manage the information that is shared through your account.
3.3 Ways to Manage Cookies.
- Browser Settings.
As stated above, you can control or disable cookies in your web browser. How you disable cookies depends on which browser you use. All modern browsers allow you to change your privacy settings to prevent websites from planting cookies.
These settings will typically be found in your browser’s “options” or “preferences” menu or by using 'Help' option. In order to understand these settings, the following links may be helpful.
If you configure your browser to refuse to accept cookies, you may be unable to access certain parts of this Portal and/or it may not function as intended.
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
3.4 Third Party Use of Cookies and Other Tracking Technologies.
Some content or applications, including advertisements, on our Portal are served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Portal. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see https://www.networkadvertising.org/.
- WHY WE PROCESS YOUR PERSONAL INFORMATION.
We process information that we collect from and/or about you, including Personal Information, to perform services for you, to pursue our legitimate interests, and for other purposes, including:
- To fulfill our obligations under a contract we have with you, your employer or agency.
- To provide the Portal and its content to you and allow you to review our services, create an account or profile or register or purchase products or services through the Portal.
- To provide you access to our services.
- To provide you with information, products or services that you request from us.
- To provide you with customer support and communication, and notices about your account, which may include expiration and renewal notices.
- For analytical purposes, which may include generate and analyze statistics about your use of the Portal for operational and/or security purposes, measurement of effectiveness of our marketing activities, performance improvements, research, testing and other business purposes.
- To notify you about changes to the Portal or the products and services we offer or provide through the Portal.
- To allow you to use and participate in interactive features on the Portal.
- To process your Personal Information by managing your user account for the purpose of providing products and services to you.
- To promote the security of the Portal by verifying accounts and activity, investigating suspicious activities and enforcing our Terms of Use and policies to the extent necessary for our legitimate interests in promoting the safety and security of the systems and applications used by the Portal and to protect our rights and the rights of others.
- To develop and improve the Portal.
- To conduct marketing research, advertise to you, provide personalized information about us on and off the Portal and to provide other personalized content based upon the services we provide to you to the extent it is necessary for our legitimate interest in providing the Portal or, where necessary, to the extent you have provided your prior consent, including without limitation, through requests made by you or use of built-in convenience features of the services we provide to you.
- To send you marketing information, service recommendations and other non-transactional communications about us and our affiliates and partners, including information about our services, promotions or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent, including without limitation, through requests made by you or use of built-in convenience features of the services we provide to you.
- To cooperate with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Information to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our Portal, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes or to respond to lawful requests.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about our own and third parties' services that may be of interest to you. If you do not want us to use your information in this way, please uncheck the relevant box located on the form on which we collect your data (the order form/registration form or adjust your user preferences in your account profile).
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
- HOW WE USE OR SHARE YOUR INFORMATION.
5.1. Disclosure of Your Information.
We may disclose Personal Information that we collect or you provide as described in this Privacy Policy or the Terms of Use:
- To our subsidiaries, affiliates, and/or Licensees.
- To contractors, service providers and other third parties we use to support our business service providers. We may share Personal Information collected through our Portal with companies that perform services on our behalf, including companies that provide website development, hosting, payment processing and billing services. We require these service providers to contractually commit to protect the security and confidentiality of the information they process on our behalf.
- To our business partners, including Collaborators and Approved Suppliers, who may provide services or products to you through the Portal or linked to the Portal. We may share personal information with such third party business partners. We require our business partners to contractually commit to protect the security and confidentiality of the information they process on our behalf.
- To consumers requesting information regarding a particular real estate listing and/or broker or sales associate. We may share Personal information with consumers when responding to inquiries about a brokerage, sales associates, or when responding to complaints.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of all or any portion of Engel & Völkers' assets or equity interests, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Engel & Völkers about our Portal Users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- With third party social media networks, advertising networks and websites, which may also act as separate controllers, so that we can market and advertise on such third party platforms and websites.
- For the purpose of providing services, to your professional advisors including lawyers, bankers and insurers acting as joint processors or joint controllers.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your Personal Information:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request. We may disclose your Personal Information when we believe disclosure is appropriate to comply with the law or respond to a court order or subpoena; to prevent or investigate a possible crime, such as fraud or identity theft; or to protect the rights, property or safety of ourselves or others. We reserve the right to report to appropriate law enforcement, governmental authorities and other third parties any activities that we, in good faith, believe to be harmful or unlawful, with or without providing notice to you.
- To enforce or apply our Terms of Useand other agreements.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Engel & Völkers, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We may also disclose aggregated information about you and other users that does not identify you or any other individual, without restriction.
We will not otherwise distribute, sell, rent, transfer, or otherwise disclose your Personal Information to any third party, except as provided for in this Privacy Policy or with you consent.
- Choices About How We Use and Disclose Your Information.
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your Personal Information:
- Tracking Technologies and Advertising.You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
- Disclosure of Your Information for Third Party Advertising.If you do not want us to share your Personal Information with unaffiliated third parties for promotional purposes, you can opt-out by unchecking the relevant box located on the form on which we collect your data (the order form/registration form). You can also always opt-out by logging into the Portal and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to privacy@evrealestate.com.
- Links to Internet or Mobile Sites. Our Portal may contain links to Internet or mobile sites not owned or operated by us, including to sites featuring companies, products, services or news that may be of interest or to pages that we maintain on YouTube, Facebook, Twitter or other social media sites. You should review the privacy and other policies of other Internet and mobile site providers carefully, as these policies may be different than the policies of our Portal. We assume no responsibility or liability for any third party Internet or mobile site operator’s privacy practices.
- Promotional Offers from the Company.If you do not wish to have your e-mail address/contact information used to promote our own or third parties' products or services, you can opt-out by unchecking the relevant box located on the form on which we collect your data (the order form/registration form) or at any other time by logging into the Portal and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to privacy@evrealestate.com. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt-out does not apply to information provided to Engel & Völkers as a result of a product purchase, warranty registration, product service experience or other transactions.
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.
5.3 Accessing, Controlling Updating, Correcting and Deleting Your Personal Information.
When you use the Portal, we work to provide you the ability to access, review, correct, edit, or remove your Personal Information and related content that you have provided to us. You can do this by logging into the Portal and visiting your account profile page. Although most changes will occur immediately, some information may stay stored on your browser’s web cache. We take no responsibility and are not liable for information stored in your cache or on any other electronic devices through which you may access the Portal.
You may also send us an e-mail at privacy@evrealestate.comto request access to correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. Under certain privacy laws you may have a right to access your Personal Information that we hold about you (See Section 8, “Your Rights” below); however, your rights to access your Personal Information are not absolute. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical. In some instances, a request that requires disproportionate technical effort to accommodate may be processed for an additional fee. You authorize us to use and disclose, in accordance with this Privacy Policy and the Terms of Use, any new or modified information that you provide. Please note our data retention practices identified below. In addition, we may not accommodate a request to access or change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If we deny your request for access to, or refuse a request to correct Personal Information, we shall explain why.
For your information, removal of your Personal Information may impact our ability to provide you the Portal or your ability to use our services.
If you delete your User Contributions from the Portal, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Portal users. Proper access and use of information provided on the Portal, including User Contributions, is governed by our Terms of Use.
5.4 Choices for Personal Information.
We will ask for your consent prior to collecting or using Personal Information for any purpose other than those described in this Privacy Policy or other supplementary privacy notices. You may be given the option to opt-out of some of our data collection practices. If we propose to use Personal Information for any purpose other than those described in this Privacy Policy or other supplementary privacy notices, we will provide you with an effective way to opt-out of such use. Please note that declining to submit Personal Information for any service may prevent us from being able to provide that service to you.
5.5 Opt-Out/Changing Your Account.
You may unsubscribe or opt-out of any of our email lists, electronic newsletters, bulletins, guides or marketing campaigns at any time by following the instructions included in such email or other communication, or by contacting us by phone at +1-833-789-0001 (toll free) or +1-212-234-3100, or emailing to privacy@evrealestate.com.
If you wish to change the status of your profile, you may so do by us by contacting us by phone at +1-833-789-0001 (toll free) or +1-212-234-3100 or emailing us at privacy@evrealestate.com. If you no longer wish to use our services or maintain your profile as active, upon your request, we will, as soon as practicable and in accordance with all applicable laws, deactivate your profile and login information. After we have deactivated your profile, information about profile may remain on the Portal and/or in our databases and we may continue to use log information in accordance with this Privacy Policy. We may also retain your information to comply with any applicable laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any lawful investigations, enforce our Terms of Use, or to take any other actions permitted by law.
6. STORAGE AND INTERNATIONAL TRANSFER OF PERSONAL INFORMATION.
The information that we collect from you may be transferred to, and stored at, a destination outside of your country of domicile. It may also be processed by employees, subcontractors and sub-processors (“Our Providers”) operating outside of your country of domicile who work for us, or on our behalf. Our Providers may be engaged in, among other things, the fulfilment of any requests and the provision of support services. By submitting your Personal Information, you agree to this transfer, storing or processing. We take steps we believe reasonably necessary so that your Personal Information is treated securely and in accordance with this Privacy Policy.
Your Personal Information is currently processed and stored in the United States.
Please note, not all countries provide the same level of data protection. In this event, we will ensure that the recipient of your Personal Information offers an adequate level of protection in the country in which it is processed, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission with respect to the GDPR or other applicable requirements, or we will ask you for your prior consent to such international data transfers.
7. DATA RETENTION AND SECURITY.
7.1 Data Retention.
We retain your Personal Information and information stored and collected through the Portal for as long as we have a business or tax need or as applicable laws, regulations, or government orders require. When your information is no longer necessary or relevant for the identified purpose or to fulfill a legal or business requirement, we will use reasonable commercial efforts to securely dispose of and destroy your information collected through the Portal.
After expiry of the applicable retention periods, your Personal Information will be deleted. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such Information.
7.2 Data Security.
We follow generally accepted standards, including organizational, technical and physical measures to help safeguard against the accidental or unlawful destruction, loss, alteration and unauthorized disclosure of, or access to, the Personal Information we process or use. We are not responsible for circumvention of any privacy settings or security measures contained on this Portal.
While we follow generally accepted standards to protect Personal Information, no method of storage or transmission is 100% secure. Any transmission of Personal Information is at your own risk. The safety and security of your Personal Information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Portal, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and you agree not to provide any other person with access to the Portal or portions of it using your name, password or other security information. We urge you to be careful about giving out information in semi-public areas of the Portal like message boards or using public or shared computers so that others are not able to view or record your password or other Personal Information. The information you share in public areas may be viewed by other users of the Portal. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to exit from your account at the end of each session. We have the right to disable any user name, password or identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if, in our opinion, you have violated any provision of this Privacy Policy or the Terms of Use.
If you have any questions about the security of our Websites, please contact us by using the information in the “Contact Information” section, below.
8. YOUR RIGHTS
8.1 Your Rights Under the EU General Data Protection Regulation. If you are a European Union resident, in addition to our general Privacy Policy, we would like to bring the following to your attention:
8.1.1 Data Protection Officer. Engel & Völkers has a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at America.DPO@engelvoelkers.com.
8.1.2 Cookies. The Portal generally uses cookies to distinguish you from other users on the Portal. This helps us provide you with a good experience when you browse the Portal and also allows us to improve the Portal. A fuller discussion of what cookies are and how we use them appears above in this Privacy Policy. When you registered for an account, you checked a box allowing us to use cookies. You may also block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.
8.1.3 Your Rights as a Data Subject. The GDPR may provide you the right to:
- Make a Data Subject Access Request to access your Personal Information at any time. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
- Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate Personal Information we hold about you corrected, although we may need to verify the accuracy of the new data you provide to us.
- Request erasure / deletion / removal of your Personal Information. This enables you to ask us to delete or remove your Personal Information where we do not have a valid reason to continue to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Please Note: we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to process it.
- Data Portability / Request the transfer of your Personal Information to you or directly to another controller. This right only applies to automated information which you initially provided consent for us to use or where we used the Personal Information to perform a contract with you. We will (unless there is an exemption) assist you by securely transferring your Personal Information directly to another controller where technically feasible or by providing you with a copy in a structured commonly used machine readable format.
- Withdraw consent at any timewhere we are relying on your consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
8.1.5 Legal Basis for processing your Personal Information. Engel & Völkers will only use your Personal Information when the law allows us to. Most commonly, we will use your Personal Information in the following circumstances:
- To fulfill a contract we are about to enter into or have entered into with you;
- To provide you with access to and use of the Portal, as requested by you from time to time through your registered account;
- Where it is in our legitimate interests;
- When it is our legal or regulatory duty; and
- When you consent.
A legitimate interest is when we have a business or commercial reason to use your information in conducting and managing our business. We will consider and balance any potential impact on you and your legal rights when we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required for compliance with a legal or regulatory obligation or permitted to by law).
8.2 Your Rights Under the California Consumer Privacy Act (CCPA).
8.2.1 The below section supplements our privacy statement to provide California residents with the information needed to exercise their rights under the CCPA. These rights include:
- Right to Access/Request. You have the right to request that Engel & Völkers disclose to you information about our collection and use of your Personal Information over the past 12 months. Upon a verifiable request, we will disclose to you: (i) the categories of Personal Information we collected about you; (ii) our business or commercial purpose for collecting that Personal Information; (iii) the categories of third parties with whom we share that Personal Information; and (iv) the specific pieces of Personal Information we collected about you (also called a data portability request).
- Right to Erase/Delete. You have the right to request the erasure/deletion/removal of your Personal Information, subject to certain exceptions. This enables you to ask us to delete or remove your Personal Information where we do not have a valid reason to continue to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Please Note: we may deny your request for erasure which will be notified to you, if applicable, to the extent Engel & Völkers requires your Personal Information to: (1) complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of Engel & Völkers’ ongoing business relationship with you, or otherwise perform a contract between Engel & Völkers and you; (2) detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; (3) to identify and repair errors that impair existing intended functionality; (4) exercise free speech, ensure the right of another consumer to exercise his/her right of free speech, or exercise another right provided for by law; (5) comply with the California Electronic Communications Privacy Act; (6) enable solely internal uses that are reasonably aligned with your expectations based on the your relationship with Engel & Völkers; (7) comply with a legal obligation; and (8) otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
- Right to Opt-Out. You have the right to object to sale of your Personal Information to a third party and we are prohibited from discriminating against you for exercising this right. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. To make a request in accordance with the California Consumer Privacy Act, please call 1-833-789-0001 (toll free) or +1-212-234-3100, or send an email to privacy@evrealestate.com with “CCPA Privacy” in the subject line, or use this Engel & Völkers Privacy Webform
- Right Not to Be Discriminated Against. Engel & Völkers will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: (i) deny you use of the Portal, and (ii) provide you a different level or quality of the Portal, except to the extent such Personal Information was required to provide full use and a certain quality level for the Portal.
8.2.2. How to Exercise Your Rights.
To exercise your rights under the CCPA or under other applicable laws, please contact us by using the information in the “Contact Information” section below. We try to respond to all legitimate requests within 45 days and will contact you if we need additional information from you in order to honor your request. Occasionally, it may take us longer than anticipated, taking into account the complexity and number of requests we receive. If we require more time (up to 90 days) we will inform you of the reason and extension period in writing. If you are an employee of a customer of ours, we recommend you contact your company’s system administrator for assistance in correcting or updating your information.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
MISCELLANEOUS
9.1 Changes To Our Privacy Policy.
We reserve the right, at any time, to change, modify, or revise this Privacy Policy and the privacy and security practices discussed herein. We will post any revised version of the Privacy Policy on the Portal. If we make any significant, material changes to the Privacy Policy, we will modify the date on which this Privacy Policy was last revised as set forth at the top of this Privacy Policy. You are responsible for periodically visiting our Portal and this Privacy Policy to check for any changes. Continued use of the Portal and our services following such changes constitutes your acknowledgment of them and agreement to be bound by their terms and conditions.
9.2 Children’s Privacy.
We are committed to protecting the privacy of children and encourage parents and guardians to take an active role in their children’s online activities and interests. The Portal is not directed to children or designed to attract them. You must be at least 16 years of age to use our Portal and services. We do not knowingly collect, use, or disclose Personal Information about users that are under 16 years of age. If we later learn that a user is under 16 years of age, we will remove that user’s Personal Information from our databases and prevent the user from further using our Portal and services. If you become aware that a user is under 16 years of age, please notify us immediately at privacy@evrealestate.com. If you are a user who is identified in this manner, we may require you to submit suitable proof of age, such as a copy of government-issued identification, in order to continue using our Portal.
9.3 Monitoring and Enforcement.
In accordance with applicable laws, you may request access and raise concerns or complaints regarding your Personal Information processed by us with by contacting us: by email at privacy@evrealestate.com, or by phone at 1-833-789-0001 (toll free) or 1-212-234-3100.
If you file a complaint, we will investigate the matter or suspected failure to comply with this Privacy Policy. It is our practice to respond to you within [45] days of receiving the complaint. We will take all appropriate action to remedy any such issues.
9.4 Contact Information.
To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: privacy@evrealestate.com or send to us at:
Engel & Völkers Americas, Inc.
430 Park Avenue, 11th Floor
New York, New York, 10022
United States of America
You may also call us at +1-833-789-0001 (toll free) or +1-212-234-3100.
