Privacy Policy
POLICY OF TREATMENT OF INFORMATION
Real Estate Agency Dominican Republic – AGIREDOM
With a view to protect and ensure the holders of personal data a proper treatment of their information, and in observance of Law No. 172-13 of December 15, 2013, Real Estate Agency Dominican Republic – AGIREDOM., (hereinafter Real Estate Agency Dominican Republic – AGIREDOM) issues the following guidelines in the treatment of Personal Data:
IDENTIFICATION OF THE PERSON RESPONSIBLE FOR THE TREATMENT OF PERSONAL DATA.
Real Estate Agency Dominican Republic – AGIREDOM, as responsible for the processing of personal data, is a company registered in the Chamber of Commerce of Puerto Plata. Telephone 809 803 0271 and e-mail [email protected].
Real Estate Agency Dominican Republic – AGIREDOM, is a Web platform adaptable to Android and IOS systems, in order that individuals find real estate to buy or lease in accordance with the offer of the subscribers of the platform (builders, real estate agents, real estate and individuals). In order to comply with the purpose of the platform each of the parties must provide their personal information, as well as their contact information to establish communication between the parties and meet the needs of users.
All personal data collected and stored are voluntarily provided by the owner, and are presumed to be truthful and are specific to the person accessing the platform.
This Policy of Protection of Personal Data will be applied to all the Data Bases and/or Files that contain Personal Data that are object of Treatment on the part of Real Estate Agency Dominican Republic – AGIREDOM considered as responsible and/or in charge of the treatment of Personal Data.
The coverage of these policies covers all the clients natural persons, suppliers of Real Estate Agency Dominican Republic – AGIREDOM, as well as the potential clients with whom the society maintains communication.
Within Real Estate Agency Dominican Republic – AGIREDOM there is no treatment (collection, storage, use, circulation or suppression) of sensitive data of the holders of the personal data.
GENERAL CONCEPTS
In order to provide greater clarity to users and interested parties, the following is a list of the general concepts to be taken into account regarding Habeas Data, in accordance with the national legislation in force:
Private data: personal information that, due to its intimate or reserved nature, is only relevant to the Data Subject.
Semi-private data: data that is not of an intimate, reserved or public nature and whose knowledge or disclosure may be of interest not only to its owner but also to a certain sector or group of persons or to society in general. For example, financial data in the case of a financial risk assessment entity.
Public data: that information of the holder that is qualified as “Public” by the Law or the Political Constitution. Additionally, all data that are not semi-private or private are considered public data, in accordance with Law No. 172-13 of December 15, 2013. For example, data contained in public documents, duly executed judicial sentences that are not subject to reserve and those related to the civil status of persons.
Sensitive Data: This is personal information that affects the privacy of the Data Subject or whose improper use may generate discrimination. Sensitive data are those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, membership in trade unions, social organizations, human rights organizations or that promote the interests of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data relating to health, sex life and biometric data.
Data Controller: The natural or legal person, public or private, who by himself or in association with others, decides on the processing of data.
Data Processor: The natural or legal person, public or private, that by itself or in association with others, performs the Processing of personal data on behalf of the Data Controller.
HOLDERS OF PERSONAL DATA
According to Law No. 172-13 of December 15, 2013 is understood by holders of personal data, the “natural person whose personal data are subject to treatment”, however, legal entities, client of the company Real Estate Agency Dominican Republic – AGIREDOM., deliver personal information of their employees and therefore extends the scope of the treatment policy to all legal entities that are its customers and that use the platform service and include personal data of natural persons (employees) in the databases of Real Estate Agency Dominican Republic – AGIREDOM.
PRIVACY OF THE HOLDERS OF PERSONAL DATA
Real Estate Agency Dominican Republic – AGIREDOM, respects the privacy of all and each one of the third parties that provide their personal data by means of the different means of collection and capture of this information arranged for such effect. Real Estate Agency Dominican Republic – AGIREDOM receives the mentioned information, stores it of suitable and safe form with the suitable technological methods to avoid that third without authorization accede to this information and of such form assuring the confidentiality of the information provided by the holder of the personal data.
Real Estate Agency Dominican Republic – AGIREDOM will store in a safe way the collected information, therefore, it will take all the precautionary measures to protect its information against loss, abuse, alteration, access or not authorized or fraudulent use.
Real Estate Agency Dominican Republic – AGIREDOM, is not responsible for any consequence derived from the undue entrance of third parties to the database nor for any technical failure in the operation and/or conservation of data in the system of storage of the information, for causes that are not imputable to it, such as:
- Provision of passwords to third parties
- Access to the application through non-secure platforms
- Provision of banking information to third parties
- The passwords chosen by users are personal and non-transferable; each user undertakes to maintain the secret custody of such passwords.
PERSONAL DATA SUBJECT TO PROCESSING
The personal data susceptible of treatment on the part of the society Real Estate Agency Dominican Republic – AGIREDOM are the following ones:
Clients: when they are natural persons that offer a property to rent or sell they must provide their name, identification, address of the property, contact number, e-mail. When the client is a legal entity, it provides the information of the company, however, such information may include personal data of its employees.
Natural person users: names, identification documents, address, contact telephone number, contact e-mail.
Employees: name, ID, telephone, address, bank account, blood type.
TREATMENT AND PURPOSE
According to Law No. 172-13 of December 15, 2013, ‘Processing of Personal Data’ means any operation or set of operations on personal data, such as the collection, storage, use, circulation or deletion of them. Real Estate Agency Dominican Republic – AGIREDOM may collect information from its customers, users and / or any other person with whom it has, or may come to have civil and / or commercial relationship, and may also treat the information for as long as the purpose of treatment is justified.
Real Estate Agency Dominican Republic – AGIREDOM uses this information for the following purposes:
Clients
- The registration and validation of Clients
- To administer the accounts of the Clients
- To allow the access and exit of the clients of their accounts
- To be able to offer their properties in the market through the use of the platform.
- Contact directly with the user interested in the property and be able to make visits and close a deal.
- Invoicing
- To allow to advertise pieces or advertising information.
- To schedule appointments with the employees of Real Estate Agency Dominican Republic – AGIREDOM and to fulfill the purposes of the contract (photographs and videos of the property).
- To receive commercial and/or advertising information related to the platform.
- To send commercial information related to the portal
Users
- Registration and validation of users
- Manage user accounts
- Allow the access and exit of users from their accounts
- Being able to contact directly with the owner of the property if interested in obtaining or renting it.
- Sending possible properties that are of interest to you according to the characteristics listed at the time of registration
- Sending offers and invitations via email and text message that are of interest to you.
- Send commercial information related to the portal
- To transfer personal data to third parties, natural or legal, civil or commercial persons, who in turn are clients of Real Estate Agency Dominican Republic – AGIREDOM, and with whom it is necessary to contact in order to achieve the purposes of the services provided by the platform such as, but not limited to, the contact between buyer and seller, the contact between lessor and lessee, contact between clients and commercial intermediaries interested in offering products or services related to the information provided by each client, such as real estate agencies or intermediaries.
Employees
- To fulfill the purposes of an employment contract.
- To be able to make payments to the indicated accounts, in accordance with the law.
- To inform the clients who will be the person who will take the photos and videos of the properties.
TREATMENT OF SENSITIVE DATA
According to Law No. 172-13 of December 15, 2013, Sensitive Data are understood as those that affect the privacy of the Data Subject or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, membership in trade unions, social organizations, human rights organizations or that promote the interests of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data relating to health, sex life, and biometric data.
According to Law No. 172-13 of December 15, 2013 the processing of sensitive data is prohibited, except when:
a) The Holder has given its explicit authorization to such Processing, except in cases where by law the granting of such authorization is not required;
b) The Processing is necessary to safeguard the vital interest of the Data Subject and he/she is physically or legally incapacitated. In these events, the legal representatives must grant their authorization;
c) The Processing is carried out in the course of legitimate activities and with due guarantees by a foundation, NGO, association or any other non-profit organization, whose purpose is political, philosophical, religious or trade union, provided that they refer exclusively to its members or to persons who maintain regular contacts by reason of their purpose. In these events, the data may not be provided to third parties without the authorization of the Data Controller;
d) The Processing refers to data that are necessary for the recognition, exercise or defense of a right in a legal proceeding;
e) The processing has a historical, statistical or scientific purpose. In this event the measures conducive to the suppression of the identity of the Holders must be adopted.
Real Estate Agency Dominican Republic – AGIREDOM, will not treat sensitive data, except when it is in any of the previously established causes. If sensitive data is treated by Real Estate Agency Dominican Republic – AGIREDOM, according to the parameters established above, it will inform the holder the following:
That being sensitive data is not obliged to authorize its Treatment.
Which of the data will be object of Treatment and the purpose of the Treatment.
The authorization of the treatment of sensitive data will be expressed on the part of the holder. Nevertheless the previous thing, the clients of Real Estate Agency Dominican Republic – AGIREDOM if they are authorized for the handling and treatment of Sensitive data, their holders are empowered to request directly with the client of Real estate Agency Dominican Republic – AGIREDOM to know, to update, to rectify modification, suppression, of the sensitive information that is in these data bases.
RIGHTS OF THE HOLDERS OF PERSONAL DATA
According to Law No. 172-13 of December 15, 2013, ‘Data Subject’ means any natural person whose personal data is subject to processing. Real Estate Agency Dominican Republic – AGIREDOM is informs the Owners of personal data that the rights they can exercise in accordance with Law No. 172-13 of December 15, 2013, are the following:
To know, update and rectify their personal data: the data owner has the obligation to rectify and/or update the information by means via email in order that the information is stored correctly. This right may be exercised against partial, inaccurate, incomplete, fractioned, misleading data, or data whose processing is expressly prohibited or has not been authorized.
Request proof of the authorization granted by any user or client of Real Estate Agency Dominican Republic – AGIREDOM except when expressly exempted as a requirement for the Treatment, in accordance with the provisions of Law No. 172-13 of December 15, 2013.
When the owner of the data requests it, the Real Estate Agency Dominican Republic – AGIREDOM must provide the required information regarding the treatment that has been made to the personal data.
Be informed when your data is being used by a third party with prior authorization of the owner.
To file before the Superintendence of Industry and Commerce complaints for violations of the provisions of Law No. 172-13 of December 15, 2013 and other rules that modify, add or complement it.
To revoke the authorization and/or request the deletion of the data at any time, without the need to provide an explanation or payment of a fine or penalty, except when there is a legal or contractual relationship.
DUTIES OF Real Estate Agency Dominican Republic – AGIREDOM
The duties of Real Estate Agency Dominican Republic – AGIREDOM, are the following:
- Request the respective authorization to employees, customers, users and any other third party with labor, civil and/or commercial relationships;
- Guarantee the Holder of the personal data, at all times, the full and effective exercise for the protection of the right of Habeas Data;
- Request and keep a copy of the respective authorization granted by the Data Subject;
- To duly inform the construction companies, real estate agents and real estate agencies, which are part of the list of clients of Real Estate Agency Dominican Republic – AGIREDOM, the duty they have to inform the Holder of the personal data about the purpose of the collection and the rights they have by virtue of the authorization granted;
- Keep the information under the necessary security conditions to prevent its alteration, loss, consultation, use or unauthorized or fraudulent access;
- The Personal Data subject to Processing must be truthful, complete, accurate, updated, verifiable and understandable.
- Eliminate the information of any Data Subject that is included in a database, the Data Subject requests such elimination and there is no legal or contractual duty to remain in the SIC’s databases.
- Rectify the information when it is incorrect and has been communicated in a pertinent manner by the holder of the personal data;
- Maintain at all times the respect for security and privacy conditions in the processing of the data subject’s information.
- Process queries and claims made in the terms set forth in the Law;
- Inform at the request of the Holder about the use given to their data;
- Inform the data protection authority when there are violations to the security codes and there are risks in the administration of the information of the Holders.
- Comply with the instructions and requirements given by the Superintendence of Industry and Commerce.
AREA RESPONSIBLE FOR THE ATTENTION OF PETITIONS, CONSULTATIONS AND CLAIMS
In Real Estate Agency Dominican Republic – AGIREDOM the area responsible for the attention of petitions, consultations and claims will be the operative department of the society.
STORAGE PROCESS
Once collected the personal data by means of the inclusion of the information requested by the client or the user in the platform, a data base will be formed (organized set of personal data that is object of Treatment). These personal data can only be treated by the Real Estate Agency Dominican Republic – AGIREDOM to fulfill the purposes of the business.
The personal data are stored in the most appropriate and safe way, configuring an obligation of means and not of result. Real Estate Agency Dominican Republic – AGIREDOM will take all the precautionary measures to protect your information against loss, abuse, adulteration, access or not authorized or fraudulent use.
LEGITIMACY FOR THE EXERCISE OF THE RIGHTS OF THE TITLEHOLDERS
The rights of the Holders established in the Law may be exercised by the following persons:
By the Holder, who must prove his identity sufficiently by the different means made available to him by the responsible party (Identity Card, or Civil Registry of birth).
By his assignees in case of death of the holder of the right, who must prove such capacity. In the case of minors, such successors may be the parents, siblings, grandparents or aunts and uncles, who must prove such condition by means of the different legal documents provided for such purpose.
By the representative and/or attorney-in-fact of the Holder, prior accreditation of the representation or power of attorney.
By stipulation in favor of another or for another.
SUPPRESSION OR REVOCATION OF INFORMATION PROCESSED BY Real Estate Agency Dominican Republic – AGIREDOM
The holders of personal data are informed that the suppression or revocation of authorization of data processing will not proceed when the holder has a legal or contractual duty to remain in the database of Real Estate Agency Dominican Republic – AGIREDOM.
CONSULTATION PROCEDURE
The Holders of personal data, the successors in title or the person legitimized in accordance with Law No. 172-13 of December 15, 2013, may request the consultation of their personal data directly to the email [email protected] with at least the following information:
- The complete identification of the Holder, assignee or authorized person of the personal data.
- The personal data they want to be consulted,
- Applicant’s address,
- Applicant’s e-mail address
- In case of being successors or any other person legitimized according to Law No. 172-13 of December 15, 2013 must attach the respective document proving their legitimacy.
The consultation will be attended by Real Estate Agency Dominican Republic – AGIREDOM, in a maximum term of ten (10) working days counted from the date of receipt of the consultation by e-mail. When it is not possible to attend the consultation within this term, Real Estate Agency Dominican Republic – AGIREDOM will inform the interested one expressing the reasons of the delay and indicating the date in which its request will be attended, which will not be able to surpass the five (5) working days following to the expiration of the first term.
When the consultation is not clear, is not understood, or does not fulfill the necessary requirements to develop an answer on the part of Real Estate Agency Dominican Republic – AGIREDOM, it will inform the holder, successor or authorized person to present the consultation again within five (5) working days following the requirement on the part of the company. After two (2) months from the date of the requirement, without the applicant presents the required information, Real Estate Agency Dominican Republic – AGIREDOM will understand, that the holder or assignee has abandoned the consultation and will proceed with the file of the same one.
COMPLAINT PROCEDURE
The Data Subject or assignee when he/she considers that the information contained in a database should be subject to correction, updating, deletion or revocation of the authorization for the Processing of personal data or when he/she notices the alleged breach of any of the duties contained in Law No. 172-13 of December 15, 2013, may file a claim directly with the Educational Institution responsible for the database and processing of the information. Such Educational Institution shall submit at least the following information:
- The complete identification of the Data Subject, assignee or authorized for the correction, updating, deletion or revocation of the authorization for the Processing of personal data.
- Description of the facts that give rise to the claim in a clear and detailed manner,
- Address of the domicile of the person filing the complaint or claims.
- E-mail address of the person filing the complaint or claim.
- In case of being successors or any other person legitimized according to Law No. 172-13 of December 15, 2013 must attach the respective document proving their legitimacy,
- Accompanying the documents that the Holder, assignee or any other person legitimized by Law No. 172-13 of December 15, 2013, wants to assert.
- In case the person who receives the claim is not competent to resolve it, he/she will transfer it to the corresponding person within a maximum term of five (5) business days and will inform the interested party of the situation.
If the claim is incomplete, not clear or not understood, Real Estate Agency Dominican Republic – AGIREDOM will require the interested party within five (5) business days following the receipt of the claim to correct the faults. Passed two (2) months from the date of the requirement, without the applicant presents the required information, the Real Estate Agency Dominican Republic – AGIREDOM will understand, that the Holder, successor or authorized has given up the claim. And therefore Real Estate Agency Dominican Republic – AGIREDOM will proceed with the file of the claim.
Once received the complete claim, a legend that says “claim in process” and the reason of the same one will be included in the data base, in a term not greater than two (2) working days. This legend must be maintained until the claim is decided.
Real Estate Agency Dominican Republic – AGIREDOM will give answer to the claim in a maximum term of fifteen (15) working days counted from the day following the date of its receipt. When it is not possible to attend the claim within this term, the interested party will be informed of the reasons for the delay and the date in which the claim will be attended, which shall not exceed eight (8) working days following the expiration of the first term.
THE PERSONAL DATA HOLDER IS INFORMED THAT THE SUPPRESSION OR REVOCATION OF DATA PROCESSING AUTHORIZATION WILL NOT PROCEDURE WHEN THE HOLDER HAS A LEGAL OR CONTRACTUAL DUTY TO REMAIN IN THE DATABASE OF Real Estate Agency Dominican Republic – AGIREDOM.
TEMPORARY LIMITATIONS TO THE TREATMENT OF PERSONAL DATA
According to Law No. 172-13 of December 15, 2013, Real Estate Agency Dominican Republic – AGIREDOM, will only be able to store, or circulate the personal data of a person, during the time that the subscription to the platform is valid. Once the user or client withdraws from the platform, and without prejudice of legal norms that dispose the opposite, Real Estate Agency Dominican Republic – AGIREDOM, will proceed to the suppression of the personal data in its possession.
As exception to the previous thing Real Estate Agency Dominican Republic – AGIREDOM will be able to conserve the personal data when this way it is required for the fulfillment of a legal or contractual obligation.
INDEMNITY OF Real Estate Agency Dominican Republic – AGIREDOM
It is presumed that the information collected and given of voluntary form on the part of the holder of personal data is true, exact and updated. The non-fulfillment of this obligation on the part of the user will maintain the Real Estate Agency Dominican Republic – AGIREDOM, by the use that is made of that false, inaccurate or outdated information on the part of Real Estate Agency Dominican Republic – AGIREDOM, or the third parties that accede to it to fulfill the purpose of the commercial relation.
ACCEPTANCE AND VALIDITY OF THE AUTHORIZATION
When the corresponding box is checked, it is understood that the present document and the treatment of the explained information have been accepted. Anyone who does not accept this privacy policy will not be able to register as a user or client of the platform.
The present document of privacy policy constitutes a copy of the authorization granted by the holder of the personal data; likewise, Real Estate Agency Dominican Republic – AGIREDOM, will keep a copy of it, together with the updates and modifications that may be made in the future in accordance with what is required and established in the corresponding Law and Decrees.