The purpose of this Policy is to inform you about how your personal data may be processed by WHISE as a data controller. This Policy also sets out your rights with respect to our processing of your personal data.
WHISE undertakes to act in a transparent manner, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of these data, and repealing Directive 95/46/EC (hereinafter referred to as the “GDPR “). For any question / request / complaint, you can contact us:
- by email: email@example.com
- by post: WHISE S.A., Chaussée de Louvain 775, 1140 Brussels, Belgium.
WHISE offers a CRM software and related services to real estate agents. Our software is a complete and mobile IT solution to assist real estate agents in their administrative and commercial activities. WHISE also offers third party suppliers of services or products related to the sale or renting of real estate (“marketplace customers”) the possibility to use the software and to enable WHISE real estate customers to order services or products directly from them.
If you are a real estate or marketplace customer of WHISE, you may process personal data from your customers, prospects and contact persons via the WHISE software. With respect to these data, you act as data controller and WHISE acts as data processor on behalf of you. With respect to these data, we refer to the data processing agreement between us included in WHISE’s general terms and conditions.
The personal data that WHISE may collect from its (potential) customers and software users would typically include their name, email address, telephone number, company information, job title, payment information, user names and passwords, as well as information on the use that is made of the WHISE software and services or the products and services offered via the WHISE software. If you contact or interact with WHISE, e.g. via its website or by email, WHISE may process personal information such as your name, email address and company information, or other information that is relevant to your communication or enquiry.
WHISE may process your personal data for the following purposes:
- to set up your account and to provide its website, software and services to you;
- for customer administration and relationship management;
- to communicate with you and to respond to your questions, requests or complaints;
- to improve, develop and market new services;
- to inform you of new products and services, promotions, and other information that may be of interest to you;
- to identify potential customers;
- to operate its websites and software and to improve their technical and functional management;
- to enforce its legal rights and to protect the rights of third parties;
- to prevent fraud and illegal content and behaviour;
- to comply with its legal obligations.
For these activities, the processing of your personal data is based, as the case may be, on your consent, on a (pre-)contractual relationship, on a legal basis, or on WHISE’s legitimate interests as a business (i.e. WHISE’s legitimate interests to provide services, to manage customer relations, to provide a safe and well-functioning website, to prevent fraud, etc.). WHISE does not retain your data longer than necessary to achieve the purpose(s) for which they were collected or as long as it is required by law or competent authority.
WHISE employees, agents or independent contractors may access your personal information to the extent necessary for operational purposes or in the performance of their duties (e.g. maintenance of the software, etc.). WHISE may also share your personal data and aggregated or de-identified information with third-party service providers that it engages for the provision of its software or services, such as IT service providers, web analytics providers, chat messenger providers and payment processors. It is also possible that WHISE discloses personal information to a third party if it believes that such disclosure is necessary for preventing fraud, enforcing its agreements, or protecting the safety of its customers, or if WHISE is required by law or by court or regulatory order to disclose your data.
When you choose to order products or services from marketplace customers, personal data may be shared with these marketplace customers. WHISE does not control the use of your personal data by these marketplace customers, which is based on their own privacy policies.
WHISE shall not keep the data longer than necessary to carry out the missions for which these data are made available. In this case, WHISE will delete them appropriately and definitively. This also applies to media on which a copy of the data has been stored.
At the end of the contract with the Customer, WHISE shall delete all personal data and existing copies after 3 months, or return them to the Customer at its written request, unless Union or Member State law requires storage of the personal data. WHISE’s obligation to destroy personal data shall not apply to the extent necessary to demonstrate compliance with its obligations under the agreement or data protection legislation, or if a legal obligation, a binding decision of a public authority or a judicial decision prohibits the destruction.
You have the right to request access to the personal data that WHISE processes about you and to correct these data. In certain circumstances, you also have the right to request a restriction of the processing of your personal data, or to have your personal data deleted.
You also have the right to object (i) to the processing of your personal data for direct marketing purposes and (ii) if substantiated and except if WHISE can demonstrate compelling legal grounds for the processing, to the processing of your data based upon WHISE’s legitimate interests.
You may also request to receive your personal data in a structured, commonly used and machine-readable format and to have those data transmitted to another controller.
If the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. This does not affect the lawfulness of the processing based on your consent before your withdrawal.
Please note that some of these rights are subject to legal conditions and may be limited.
If you wish to exercise any of the rights described above, you must send your written (including electronic) request, dated and signed, to WHISE with proof of your identity (see mail and email address above). You also have the right to file a complaint with the competent data protection authority (for details about the Belgian Data Protection Authority, see https://www.dataprotectionauthority.be/).
WHISE pays particular attention to the protection of your personal data and therefore undertakes to implement all appropriate security measures to protect your personal data against loss, theft, misuse or alteration of information received, disclosure or unauthorized use, such as encryption technologies that are recognized as industry standards within the IT sector.