Conditions d'utilisation

PRIVACY STATEMENT FOR PROCESSING OF PERSONAL DATA OF DATA SUBJECTS EXTERNAL TO IKO

What is the objective and scope of this document?

The purpose of this privacy statement is to inform you of how IKO Development and its subsidiaries (IKO, “we”, “us” or “our”) processes your personal data when you liaise with us. This privacy statement is addressed at individuals other than IKO’s personnel and job candidates.

Who is responsible for handling your personal data?

IKO is the controller for the processing operations described in this document.

What personal data do we process?

Personal data highlighted in this privacy statement are processed for various purposes by different divisions of IKO to manage your interactions with the organisation.

If you are a visitor of IKO’s premises/sales points or participating to events hosted by IKO (visitors and guests)

Marketing and communication
• To organise events, manage your attendance and/or participation to events, and promote these events on different media
What personal data do we process? Videos, pictures including digital pictures and video recordings, attendance data (name, corporate email address), professional role, food preferences for small events

• To manage prospects (including direct marketing and marketing research and market studies and building public relations)
What personal data do we process? Identification data (name, professional role, professional and/or personal contact details – address, phone number, ID attributed by the data controller)

• To send you messages for direct marketing (newsletter), to send you client satisfaction surveys, to answer your questions, requests, queries when you contact us through the contact form of the website or through emails, to monitor your behaviour and activity on our website.
What personal data do we process? Through the contact form on our website, we may process your names and surname, email address, and telephone number and where applicable your custom message.

When you use our website, personal data collected through social plug-ins operated by third parties.

We also process your Personal Data collected through the cookies of our website. For more information regarding this specific policy, please refer to our Cookie policy.

• Website maintenance and use
What personal data do we process? Electronic identification data (IP address, cookies, moment of connection, information for browsing sessions). Information collected through the contact form – name, email address, personal data shared voluntarily by the data subject through the contact form

Administration
• Building security (ensure safe and secure use of office premises and other properties)
Mail reception and sending (includes standard packages as well as reception of mails coming from bailiffs).

What personal data do we process? Name, professional address, professional role, License plate of used vehicles,CCTV footages recording the HQ building.

If you are involved in the provision of services or products to IKO (suppliers and other contractors)

Administration
• Building security (ensure safe and secure use of office premises and other properties)
Mail reception and sending (includes standard packages as well as reception of mails coming from bailiffs).
What personal data do we process? Name, professional address, professional role, License plate of used vehicles, CCTV footages recording the HQ building.

Legal
• For the purposes of managing your contract(s) with us, and the case of disputes or litigations
What personal data do we process? Names, contact details, professional roles, behaviours and any other data derived from the claims

Accounting
• To carry out accounting- related activities such as issuing invoices for the services and/or products we bought from you as our vendor
What personal data do we process? Identification data, contact details, bank account details, credit card number, compensations, conventions and agreements

If you are involved in the provision of services or products to IKO (suppliers and other contractors)

• Administration
Building security (ensure safe and secure use of office premises and other properties)
Mail reception and sending (includes standard packages as well as reception of mails coming from bailiffs) What personal data do we process? Name, professional address, professional role, License plate of used vehicles,
CCTV footages recording the HQ building.

• Legal
For the purposes of managing your contract(s) with us, and the case of disputes or litigations

What personal data do we process? Names, contact details, professional roles, behaviours and any other data derived from the claims.

• Accounting & Project management
To carry out accounting- related activities such as issuing invoices for the services and/or products we bought from you as our vendor.
What personal data do we process? Identification data, contact details, bank account details, credit card number, compensations, conventions and agreements

If you are a client or potential future client of IKO

• Marketing & communication
If you expressed interest in some of our offers, we may process your data for marketing purposes (e.g., to give you further information regarding an offer or to send you our newsletter).
What personal data do we process? Name, surname, e-mail address, other contact details

• Accounting
To carry out accounting- related activities such as issuing invoices for the services and/or products you bought from us.
What personal data do we process? Identification data, contact details, bank account details, credit card number, compensations, conventions and agreements

• Residential and After sales
For the purposes of pre-sales, sales, rent, contract management, and after-sales services offered to you, as one of our residential property clients.
What personal data do we process? Identification data (name, professional role, professional and/or personal contact details – address, phone number, ID attributed by the data controller, date of birth, nationality, marital status, personal ID documents), financial related data (source of funds)

• Legal and compliance
In the case of a dispute or a conflict between IKO and you, for the purpose of managing or resolving such dispute or conflict.
What personal data do we process? Names, contact details, professional roles, behaviours and any other data derived from the claims

• Legal and compliance
To perform compliance procedures for the purposes of combating fraud and customer breaches (ex: AML KYC) What personal data do we process? Personal Identification data, professional role, contact details, information for ID documents, financial information, signatures

• Residential and After sales
For the rent of a property owned by you as a property owner
What personal data do we process? Names, nationality, personal identifiers (date of birth, national ID number), contact details, financial information, conventions and agreements, signature, information for ID documents

• Project management
Project management on behalf on you, as one of our clients.
What personal data do we process? Bank account details, credit card number, Identification data, signature, conventions, and agreements

• Property management
Property management on behalf of affiliate companies from the Group for existing corporate clients.
What personal data do we process? Names, including data issued by public authorities such as ID, passport, or national identification number, contact details, job role, conventions and arrangements, signature

• Residential and After sales
client relationship management & client contract management for residential clients (residential services contracts, service contracts with construction related companies and NDAs, contracts with pre-selected property management companies, insurance companies’ contracts).
What personal data do we process? Personal Identification data (names, contact details, email, social security number, nationality, date of birth), including data issued by public authorities such as ID document, passport or national identification number, signature, invoicing-related information, bank account details

• Corporate Sales
client relationship management & client contract management for corporate clients (services contracts, service contracts with construction related companies and NDAs, contracts with pre-selected property management companies, insurance companies)
What personal data do we process? Names, professional role, conventions and arrangements, signature

If you liaise with IKO without an underlying contractual relationship (other third parties)

• Legal
In the case of dispute or conflict between IKO and IKO’s contractual parties involving you as a third party What personal data do we process? Names, contact details, professional roles, behaviours and any other data derived from the claims

Processing activities not covered by this privacy statement

There might be processing activities which involve processing of personal data of individuals external to IKO that are addressed into details in separate privacy statements.

On what basis we process your personal data?

a) Necessary for the performance of a contract
In certain cases, the processing of your Personal Data is necessary for the performance of a contract to which you are a party, or to carry out pre-contractual measures at your request. This is the case specifically when we consider concluding with you an agreement regarding the sale or rent of a real estate property.

b) Consent
In very limited instances we process your personal data on the basis of your explicit consent. That is the case specifically when:
• You contact us through our website to get more information about our offers, or
• You request to receive our newsletter, or
• We ask for your consent to collect some information related to your food preferences in relation to your attendance to an event organized by IKO, or
• We ask for your consent to take pictures or record videos of you during an event organized by IKO.
Whenever we are processing your personal data on the basis of your consent, you are entitled to withdraw your consent at any moment and without any detriment by contacting IKO at the following address mailto:data.protection@ikorealestate.eu
In the email, you should clearly indicate sufficient details for us to identify you, and clearly outline for which purpose your consent was initially collected.
When your consent has been withdrawn, the processing activities that rely on that consent will be stopped as soon as practicable. However, the withdrawal of your consent does not affect the legality of the processing activities on which the consent given prior to its withdrawal was based. All data processing operations that were based on consent and took place before the withdrawal of your consent remain lawful.

c) Compliance with a legal obligation of the data controller
In certain cases, the processing of your personal data is necessary for compliance with a legal obligation to which IKO is subject. This is specifically the case when:
• We collect information within the framework of our whistleblowing process,
• We collect information about you as a client or potential client to comply with our obligations arising from Anti-Money Laundering laws and from the Civil Code regarding the final purchase of a contract,
• We use your personal data to comply with our obligations arising for Commercial law, tax and accounting laws.

d) Legitimate interest of the data controller
The majority of our personal data processing activities are necessary for our legitimate interest the legitimate interest pursued by a third party. In all those instances we make sure that the processing is proportionate to the purposes identified by IKO and that this does not override your interests or fundamental rights or freedoms.

How long do we keep your data (retention period)?

In all circumstances personal data will be kept for no longer than necessary to fulfil its purpose.

In the general case, we will keep personal data for the duration of your relationship with IKO. Certain categories of personal data are kept for relatively shorter periods, for example data vested in the recordings of the CCTV system is kept for 8 days maximum, unless there is an incident (in this case, the retention period is determined by the competent authority conducting the investigation). Some other categories may be kept for longer periods, when required by the law (e.g. we may keep some of your personal data for 10 years, in line with the retention period defined by the anti-money laundering laws).

You can get any further information by contacting us at the following email: data.protection@ikorealestate.eu

To whom do we share your personal data?

Your personal data may be shared with parties both internal and external to IKO.
Read more

• Within IKO
The recipients of your personal data are normally IKO’s employees. They may also be interim workers, freelancers, trainees, or consultants working for IKO. Please refer to the former sections of this privacy statement to know how departments are processing your Personal Data.
We may also transfer your personal data to the other group companies (listed in the section “Who is responsible for handling your personal data?”) for purposes connected with the management of the company’s business.

• Outside of IKO
In some circumstances, IKO may share your data with third parties. In these cases, your data will be shared with:
– Statutory authorities
– IT service providers
– Social media platforms
– External suppliers for photos and videos
– Digital agencies
– Website maintenance providers
– Event organization companies
– CCTV system providers
– Providers of finance and accounting software
– Financial brokers
– Notaries public
– Providers of utility services for the rented apartment
– Dispute resolution authorities
– Attorneys
– Consultants
– Registered auditors

For more information regarding the service providers used by IKO please contact: data.protection@ikorealestate.eu
Some of your Personal Data may also, with your consent, be disclosed publicly.

IKO further ensures that when third-party service providers process data on behalf of IKO, appropriate contractual safeguards are put in place to protect your personal data.
Please note that we may use or disclose your personal data if we are required by law to do so or if we reasonably believe that use or disclosure is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, or other legal processes.

When do international transfers of personal data take place?

Your personal data is processed mainly within the European Economic Area or in jurisdictions which provide adequate level of protection and may be transferred outside of the European Economic Area on a limited basis.

If your personal data is transferred outside of the European Economic Area, you will be informed in the relevant privacy statements. We will also take steps to ensure that appropriate safeguards are in place to protect such data. Adequate safeguards may include a data transfer agreement with the data recipient based on the European Commission Standard Contractual Clauses (SCCs) or other appropriate mechanisms.

For the purposes set out in this privacy statement, your personal data may be transferred to third countries when we use service providers based outside of the European Economic Area.
For further details relating to the transfers described above and the adequate safeguards used with respect to such transfers, please contact us at data.protection@ikorealestate.eu

What are your rights?

You have various rights as an individual which you can exercise under certain circumstances in relation to your personal data that we hold. You have the right to access, rectify, delete or limit the processing of personal data collected concerning you.

• Your right of access – you have the right to ask us for copies of your personal information.
• Your right to rectification – you have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
• Your right to erasure – you have the right to ask us to erase your personal information in certain circumstances.
• Your right to restriction of processing – you have the right to ask us to restrict the processing of your personal information in certain circumstances.
• Your right to data portability – you have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller, where the processing is based on your consent and is carried out by automated means.
• Your right to object to the processing of your personal data – You have the right to object at any time to the processing of your personal data when it is based on our legitimate interest or the legitimate interest of a third party; in particular, you may object to the processing of your personal data for direct marketing purposes.
Please contact us at mailto:data.protection@ikorealestate.eu if you wish to make a request. You are not required to pay any charge for exercising your rights. If you make a request, we will undertake all necessary efforts to respond within a reasonable period of time.

You also have the right to lodge a complaint with the Commission Nationale pour la Protection des Données. The latter can be contacted at:
Commission Nationale pour la Protection des Données
15 Boulevard du Jazz
4370 Esch-sur-Alzette
Luxembourg

Link to file a complaint: https://cnpd.public.lu/fr/particuliers/faire-valoir/formulaire-plainte.html

How do we secure your personal data?

IKO takes all reasonable steps to ensure that appropriate security measures are in place to protect the confidentiality and integrity of your personal data.

How can you get in touch in order to exercise your rights?

If you have questions or concerns regarding this privacy statement, please do not hesitate to contact us at data.protection@ikorealestate.eu or send your request to the following address: IKO Development, 22 rue des Bruyères, L-1274 Howald, Luxembourg.