Privacy Charter
- Legal Information
This Privacy Charter aims to inform the Data Subjects (as defined below) of Dune Immobilier about how their Personal Data is collected, how it is processed by Dune Immobilier, and finally, the rights that Data Subjects have regarding such processing as defined below.
- Definitions
The following terms, whether used in singular or plural form in this Privacy Charter, will have the following definitions:
- Intermediate Archiving: refers to the transfer of Personal Data that still holds administrative interest for Dune Immobilier (such as in the case of disputes and/or legal obligations) to a distinct database, logically or physically separate, and access to which is restricted in any case. This archive is an intermediate step before the deletion or anonymization of the concerned Personal Data.
- Personal Data: refers to the personal data provided by a Data Subject in the context of the Services and/or collected by Dune Immobilier under Regulation (EU) 2016/679 regarding the protection of individuals with regard to the processing of personal data and the free movement of such data (General Data Protection Regulation or GDPR) and processed by Dune Immobilier in the context of visiting the Site, including, where applicable, the creation and management of their Member Space and Subscription, and the execution of the Services, and under the conditions and modalities as defined in the Privacy Charter.
- Specific Rights: refer to the rights granted by Data Protection Regulation to Data Subjects regarding the processing of their Personal Data (rights of access, restriction, rectification, deletion, objection, post-mortem directives, etc.).
- Data Subject: refers to any natural person with whom Dune Immobilier interacts in the context of the Services (buyers, sellers, owners, tenants, real estate agents, property managers, notaries, lawyers, prospects, clients, etc.).
- Data Protection Regulation: refers to Law No. 78-17 of January 6, 1978 related to information technology, files, and freedoms, in application of the Community Regulation of April 27, 2016 published in the Official Journal of the European Union on May 4, 2016 regarding the protection of individuals with regard to the processing of personal data and the free movement of such data (referred to as “GDPR” for General Data Protection Regulation).
- Services: refers to the usual real estate agent services provided by Dune Immobilier, particularly the sale and/or search for real estate for its clients.
- Terminal(s): refers to the hardware equipment (computer, tablet, smartphone, phone, etc.) used by the Data Subject to view or access the Site and/or any other digital medium published by a third party.
- Purposes of Processing by Dune Immobilier and Associated Legal Basis
The Personal Data of the Data Subject is necessary for Dune Immobilier’s Services, in particular for the following purposes:
| Purposes | Legal Basis | Retention Period |
|---|---|---|
| Management of contracts/mandates | Contract execution | Personal Data related to a Data Subject is retained in active base for a period of three (3) years, if no contract is concluded and the Data Subject is a prospect, or if the Data Subject is linked to an active contract/mandate of Dune Immobilier, for the entire duration of this contract/mandate, plus 5 years in Intermediate Archiving. |
| Accounting | Compliance with a legal obligation (e.g., verifying identity by requesting proof of identity) | In intermediate archiving: legal retention period (e.g., 10-year accounting obligation). Identity documents are retained as long as necessary for verifying the Data Subject’s identity. A copy of an identity document may be retained for 6 years if necessary for proof or to comply with a legal obligation. |
| Customer relationship management | Satisfaction surveys | Legitimate interest of Dune Immobilier |
| Complaints management | Contract execution | |
| Selection of clients / Studies / Surveys | Service quality studies | Legitimate interest of Dune Immobilier |
| Sales statistics | Legitimate interest of Dune Immobilier | |
| Commercial prospecting actions (advertising messages, contests, referrals, promotions, etc.) | Electronically (for email, SMS, automated electronic communication systems, etc.), for goods or services not already purchased by the individuals concerned | Consent (see Article L. 34-5 of the CPCE) |
| By mail or automated calling systems with human intervention and telephone calls | Legitimate interest | |
| To professionals (by electronic means, mail, or phone) | Legitimate interest | |
| By electronic means, for similar goods and services already purchased/subscribed from the data controller | Legitimate interest | |
| Cookies | See cookie module |
The operations described below do not involve the establishment of profiles that could reveal sensitive Personal Data such as racial or ethnic origins, philosophical, political, union, religious opinions, sexual life, or health, and do not involve, particularly personality testing, the production of automated decisions by Dune Immobilier.
- Collection of Personal Data
Dune Immobilier collects, in the course of its interactions with Data Subjects, certain Personal Data concerning them, including:
- Identity: Name, first name, age, date of birth, postal address, country, phone numbers, proof of identity, address and family situation (marriage contract, PACS agreement, etc.), property title, or partition deed, property certificate, latest property tax and housing tax notice, co-ownership regulations.
- Data Subjects’ Preferences: Interests concerning a property and/or concerning types of buyers, sellers, tenants, owners, and/or more generally any information related to the provision of Services between Dune Immobilier and the Data Subjects.
- Commercial Relationship Tracking: Call recordings, email and SMS conversations, internal comments by Dune Immobilier employees related to commercial relationship management, completed real estate transactions, etc.
- In Response to Requests: Responses to Dune Immobilier forms.
- Reviews: Data related to contributions by individuals who post reviews on services, noting that the Site does not offer a space dedicated to such reviews.
The website https://www.duneimmobilier.fr/ is hosted by O2switch.fr, whose contact details are available by clicking here https://www.duneimmobilier.fr/mentions-legales/.
All precautions have been taken to store the Personal Data of Data Subjects in a secure environment and to prevent it from being distorted, damaged, or accessed by unauthorized third parties.
- Recipients or Categories of Recipients of the Data Subjects’ Personal Data
The Personal Data of Data Subjects is processed by authorized personnel of Dune Immobilier for the purposes mentioned above.
The Personal Data of Data Subjects may be communicated to providers such as:
- Hosting and maintenance providers for the website and Dune Immobilier’s information system.
- Marketing solutions and commercial prospecting management providers and communication via social networks.
- Customer service providers.
- Other Data Subjects for the execution of Services (notaries, owners, sellers, buyers, real estate agents, etc.).
- etc.
If applicable, any transfer of Data Subjects’ Personal Data outside the European Economic Area will be carried out by Dune Immobilier with appropriate safeguards, including contractual clauses, technical, and organizational measures, in compliance with Data Protection Regulation.
- Rights of Data Subjects
In accordance with Data Protection Regulation, Data Subjects can, at any time, exercise the following Specific Rights:
- Access,
- Rectification,
- Deletion,
- Restriction of processing,
- Portability,
- Objection,
- Post-mortem directives,
- Withdrawal of consent.
a. Right of Access
The Data Subject has the right to obtain from Dune Immobilier confirmation as to whether or not their Personal Data is being processed and, where it is, access to the said Personal Data as well as the following information:
a) The purposes of the processing;
b) The categories of Personal Data;
c) The recipients or categories of recipients to whom the Personal Data has been or will be disclosed;
d) Where possible, the envisaged period for which the Personal Data will be stored, or, if not possible, the criteria used to determine that period;
e) The existence of the right to request from Dune Immobilier the rectification or deletion of Personal Data, or a restriction of processing, or the right to object to such processing;
f) The right to lodge a complaint with the CNIL;
g) Where the Personal Data is not collected from the Data Subject, any available information as to its source;
h) the existence of automated decision-making, including profiling, and, at least in such cases, useful information regarding the underlying logic, as well as the significance and the anticipated consequences of this processing for the Data Subject;
When Personal Data is transferred to a third country or to an international organization, the Data Subject has the right to be informed of the appropriate safeguards concerning this transfer.
Dune Immobilier provides a copy of the Personal Data being processed.
Dune Immobilier may require payment of reasonable fees based on administrative costs for any additional copies requested by the Data Subject.
When the Data Subject makes a request electronically, the information is provided in a commonly used electronic format unless they request otherwise.
The Data Subject’s right to obtain a copy of their Personal Data must not infringe upon the rights and freedoms of others.
b. Right to Rectification
The Data Subject has the possibility to obtain from Dune Immobilier, as soon as possible, the rectification of Personal Data concerning them that is inaccurate. They also have the possibility to obtain the completion of incomplete Personal Data, including by providing a supplementary statement.
c. Right to Erasure
The Data Subject has the possibility to obtain from Dune Immobilier the erasure, as soon as possible, of Personal Data concerning them when one of the following grounds applies:
a) The Personal Data is no longer necessary in relation to the purposes for which it was collected or processed by Dune Immobilier;
b) The Data Subject has withdrawn their consent for the processing of this Personal Data, and there is no other legal basis for the processing;
c) The Data Subject exercises their right to object under the conditions set out below, and there are no overriding legitimate grounds for the processing;
d) The Personal Data has been processed unlawfully;
e) The Personal Data must be erased to comply with a legal obligation;
f) The Personal Data was collected from a child.
d. Right to Restriction
The Data Subject has the possibility to obtain from Dune Immobilier the restriction of processing of their Personal Data when one of the following grounds applies:
a) Dune Immobilier is verifying the accuracy of the Personal Data following the Data Subject’s challenge of the accuracy of the Personal Data;
b) The processing is unlawful, and the Data Subject opposes the erasure of the Personal Data and requests instead the restriction of its use;
c) Dune Immobilier no longer needs the Personal Data for processing, but the Data Subject needs it for the establishment, exercise, or defense of legal claims;
d) The Data Subject has objected to the processing under the conditions set out below, and Dune Immobilier is verifying whether the legitimate grounds pursued prevail over the alleged grounds.
e. Right to Data Portability
The Data Subject has the possibility to receive from Dune Immobilier the Personal Data concerning them, in a structured, commonly used, and machine-readable format when:
a) The processing of Personal Data is based on consent or on a contract, and
b) The processing is carried out by automated means.
When the Data Subject exercises their right to data portability, they have the right to have their Personal Data transmitted directly by Dune Immobilier to another controller designated by them, where technically feasible.
The right to data portability of the Data Subject’s Personal Data must not infringe upon the rights and freedoms of others.
f. Right to Object
The Data Subject may object at any time, on grounds relating to their particular situation, to the processing of Personal Data concerning them based on the legitimate interests of Dune Immobilier. Dune Immobilier will then cease processing the Personal Data unless it demonstrates compelling and legitimate grounds for the processing that override the interests, rights, and freedoms of the Data Subject, or may retain it for the establishment, exercise, or defense of legal claims.
g. Post-Mortem Directives
The Data Subject has the possibility to provide Dune Immobilier with directives regarding the retention, deletion, and communication of their Personal Data after their death, which can also be recorded with a “certified digital trusted third party.” These directives, or “digital will,” can appoint a person responsible for their execution; otherwise, the Data Subject’s heirs will be designated.
In the absence of any directive, the heirs of the Data Subject may contact Dune Immobilier to:
- Access the processing of Personal Data for the “organization and settlement of the deceased’s estate”;
- Receive information on “digital assets” or “data resembling family memories, transferable to heirs”;
- Request the closure of the Data Subject’s account on the Site and object to the continued processing of their Personal Data.
In any case, the Data Subject has the possibility to inform Dune Immobilier at any time that they do not wish their Personal Data to be communicated to a third party in the event of death.
h. Withdrawal of Consent
The Data Subject has the possibility to withdraw their consent at any time, either via a dedicated function on the Site or by contacting Dune Immobilier under the conditions of Article 7 below.
- Exercising the Specific Rights of Data Subjects
These Specific Rights can be exercised at any time with Dune Immobilier:
- By email at the following address: 2 Rue Couvent Des Clarisses 16500 Confolens
- By postal mail at the following address: admin@duneimmobilier.fr
To exercise their rights under the conditions mentioned above, and if Dune Immobilier has doubts about the requestor’s identity, Dune Immobilier may request them to prove their identity by providing their name, surname, email address, and a copy of a valid identity document.
A response will be sent to the Data Subject within a maximum of one (1) month from the date of receipt of the request.
If necessary, this period may be extended by two (2) months by Dune Immobilier, who will inform the Data Subject, taking into account the complexity and/or number of requests.
In the event of a request by the Data Subject for the deletion of their Personal Data and/or in case of exercising their right to request the erasure of their Personal Data, Dune Immobilier may, however, retain them in the form of Intermediate Archiving, for the duration necessary to fulfill its legal obligations, or for evidentiary purposes during the applicable limitation period.
The Data Subject may also file a complaint with the competent supervisory authority (the CNIL).
- Cookies Placed on the Data Subject’s Device Following Their Navigation on the Site
Cookies are used on the Site.
A cookie is information placed on the Device that helps the Data Subject access the Site.
Cookies relate to the Data Subject’s navigation on the Site and allow determining the pages they have viewed, along with their date and time of viewing.
At no time do these cookies allow Dune Immobilier or the cookie’s publisher to personally identify the Data Subject.
The Data Subject can accept or refuse cookies on their Device at any time.