Privacy Policy - DeVink Estates

Introduction

Welcome to DeVink Estates Limited’s privacy notice (the “Notice”).

DeVink Estates Limited’s (C85038) (“DVE” “we”, “us”
or “our”) having its registered office at 102, Birkirkara Hill, St
Julians, STJ 1144, Mallta – EU and its affiliates and subsidiaries, respect
your privacy and are committed to protecting your personal data.

The purpose of this Notice is to set out the basis on which your
personal data is processed by us, to inform you about how we will handle and
look after your personal data, including in relation to when you visit our website and whenever you register
with us for our services and tell you about (i) our obligations in regard to
processing your personal data responsibly, (ii) your data protection rights as
a data subject and (iii) how the law protects you. It should be read in
conjunction with our Cookie Policy.

We process your data in an appropriate and lawful manner, in accordance
with the Data Protection Act (Chapter 586 of the Laws of Malta) (the “Act”)
and the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”)
which came into force on 25th May 2018.

Important Information and Who We Are;
The Data We Collect About You;
How is Your Personal Data Collected;
How We Use Your Personal Data;
Disclosures of Your Personal Data;
International Transfers;
Data Security;
Data Retention;
Your Legal Rights;
Third Party Tools and Data Processors;
Conclusion
Version History

1. Important Information and Who We Are

1.1 General Information and the Purpose of this Notice

We
have structured our Website so that you can visit us on the Internet without
identifying yourself or revealing any personal information. Once you choose to
provide us with personal information, we will protect such information and use
it only in the ways described in this Notice.

This
privacy notice aims to give you information on how DVE collects and processes
your personal data through your use of this website, including any data you may
provide through this website when browsing, when you subscribe to our
newsletter, download any of our information brochures, use our Contact Form or
when you use any of our Services.

This
website is not intended for children and we do not knowingly collect data
relating to children.

It is
important that you read this privacy notice together with any other privacy
notice or fair processing notice we may provide on specific occasions when we
are collecting or processing personal data about you so that you are fully
aware of how and why we are using your data. This privacy notice supplements
the other notices and is not intended to override them.

1.2 Controller

DeVink Estates Limited (C85038) (“we”, “us” or “our”)
having its registered office at 102, Birkirkara Hill, St Julians, STJ 1144,
Mallta – EU is the data controller in relation to your personal data.

We have appointed a Data protection contact point who is responsible for
overseeing questions in relation to this privacy notice. If you have any
questions about this privacy notice, including any requests to exercise Your Legal Rights, please contact the Data
protection contact point using the details set out below.

1.3 Contact details

Our
full details are:

Full
name of legal entity DeVink Estates Limited (C85038) having its registered
office at 102, Birkirkara Hill, St Julians, STJ 1144, Mallta – EU

Registered Company Name:	DeVink Estates Limited
Alternative names:	DVE
Company Registration	C85038
Registered address:	102, Birkirkara Hill, St Julians, STJ 114, Malta – EU
Operating address:	Standard House, 1st Floor, Birkirkara Hill, St Julians, STJ 1149, Malta – EU

Name or title of Data protection contact point:	Mr Mark Daniel de Vink
Email address:	mark.dv@devinkestates.com
Postal address:	102, Birkirkara Hill, St Julians, STJ 1144, Malta – EU

You have the right to make a complaint at any time to the Information
and Data Protection Commissioner (“IDPC”) as the supervisory authority
for data protection issues (https://idpc.org.mt/en/Pages/Home.aspx). We
would, however, appreciate the chance to deal with your concerns before you
approach the IDPC so please contact us in the first instance.

1.4 Changes to the privacy notice and your duty to inform us of changes

DVE is continually improving and adding new functionality and features to its website and improving and adding to our existing products, services, and programs. Because of these ongoing changes, changes in the law, and the changing nature of technology, DVE data practices will be adapted accordingly. If there are any changes to this privacy policy, we will replace this page with an updated version. It is therefore in your own interest to check the “Privacy Policy” and “IP & Cookie Policy” pages any time you access our web site so as to be aware of any changes which may occur from time to time.

It is
important that the personal data we hold about you is accurate and current.
Please keep us informed if your personal data changes during your relationship
with us.

This Privacy Policy was
last updated 07.01.2019

1.5 Third-party links

This website may include links to third-party websites, plug-ins and
applications. Clicking on those links or enabling those connections may allow
third parties to collect or share data about you. We do not control these
third-party websites and are not responsible for their privacy statements. When
you leave our website, we encourage you to read the privacy notice of every
website you visit.

2. The data we collect about you

2.1 How we collect your personal data

Personal
data, or personal information, means any information about an individual from
which that person can be identified. It does not include data where the
identity has been removed (anonymous data).

We may
collect, use, store and transfer different kinds of personal data about you
which we have grouped together follows:

Identity Data includes first name, last
name, title, nationality, date of birth and gender.
Contact Data includes, email address,
telephone or mobile numbers and postal or residency address.
Compliance Data includes the results of
your police conduct, medical records, work contract, passport or national
identification document. We will not retain a copy of your police conduct and
medical records.
Financial Data includes your credit card
details
Technical Data includes internet protocol
(IP) address, browser type and version, time zone setting and location, browser
plug-in types and versions, operating system and platform and other technology
on the devices you use to access the Site.
Profile Data includes your username and
password, your interests, preferences, feedback and survey responses.
Usage Data includes information about
how you use the Site and Services.
Marketing and
Communications Data includes your preferences in receiving marketing from us and our
business partners and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any
purpose. Aggregated Data may be derived from your personal data but is not
considered personal data in law as this data does not directly or indirectly reveal your identity. For
example, we may aggregate your Usage Data to calculate the percentage of users
accessing a specific website feature. However, if we combine or connect
Aggregated Data with your personal data so that it can directly or indirectly
identify you, we treat the combined data as personal data which will be used in
accordance with this privacy notice.

2.1.1 When visiting our website

It is
possible to visit our website without submitting any personal data. In order to
provide you with the best experience when browsing our website, we may need to
process certain data which can identify you and can therefore be considered to
be personal data. In this regard we may collect the following information about
you whenever you visit our website.

Technical information: including the IP address
used to connect your computer to the Internet, your login information, browser
type and version, the full Uniform Resource Locators (URL), clickstream to,
through and from our Site (including date and time) as well as other information
regarding your experience on our Website such as page response times, download
errors, length of visits to certain pages, page interaction information (such
as scrolling, clicks, and mouse-overs), methods used to browse away from the
page.
Location Information: We may receive
information about your location. We may determine your location through your IP
address and, when accessing the Website through a mobile device, by using the
data that we collect from this device. This includes precise location information
from GPS or information about the wireless networks or cell towers near your
mobile device at the time of access.

Please refer to our Cookie Policy for further information as to how this website may collect certain information about your visit to our website.

2.1.2 When using the ‘Contact Us’ Forms

Our
website allows you to submit an enquiry and get in touch with us in order to be
able to provide assistance or process your requests. In order to be able to
reply to your query accurately and be of the most assistance to you, we shall
require certain basic contact information (your name, surname and email
address) as well as information relating to your query.

Based
upon the information which you provide, one of our representatives will contact
you in order to be able to provide assistance as per your request.

2.1.3 When using any of our Services

In
order to be able to provide the Services which you request, we shall need to
process personal data. This is necessary for us to take steps to enter into a
contract or agreement with you or to be able to perform the contract with you
and provide the Services which you request. If you are applying for our Relocation
Services or Housing package, we will process your personal data mainly in order
to find matching properties with real estate agencies registered with DVE and
apply for the requested documents with the Maltese authorities and other
instances that are relevant for the relocation process. Generally, this shall
include your contact information, such as your name, surname, email, telephone
number as well as work contract, your passport or national identification card.

We
shall provide specific privacy notices with our contracts with you or when we
request the collection of your personal, employment and company details which
shall list the information which we require as well as other pertinent
information relating to how and why we shall process your personal data. These
privacy notices should be read in conjunction with this Privacy Policy.

The
personal data which we request from you shall generally be restricted to the
data which is strictly necessary for us to be able to provide the services
which you request. In addition, we may also request certain personal data to
ensure compliance with our legal obligations. This may include recording the
results of your police conduct and medical records which will be returned to
you without DVE retaining a copy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or
ethnicity, religious or philosophical beliefs, sex life, sexual orientation,
political opinions, trade union membership). Documents concerning your health
and genetic and biometric data will only be asked if necessary, to fulfil the
relocation service and these documents are requested by official Maltese authorities.

2.2 If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a
contract we have with you and you fail to provide that data when requested, we
may not be able to perform our services or the contract we have or are trying
to enter into with you.

3. How we use your personal data

We
will only use your personal data when the law allows us to. Most commonly, we
will use your personal data in the following circumstances:

Where we need to perform
the contract, we are about to enter into or have entered into with you.
Where it is necessary for
our legitimate interests (or those of a third party) and your interests and
fundamental rights do not override those interests.
Where we need to comply
with a legal or regulatory obligation.

4. Purposes for which we will use your personal data

We
have set out below, in a table format, a description of all the ways we plan to
use your personal data, and which of the legal bases we rely on to do so. We
have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
For Clients requesting the housing or relocation package: To be able to take steps to enter into a contract with you with DVE.* *In particular we shall maintain information on our Customer Relationship Management (CRM) Tools.	1. Identity 2. Contact 3. Housing request 4. Relocation specifications 5. Technical 6. Profile 7. Compliance data	To take steps to enter into a contract with you or perform the contract which we enter into with you. Compliance with a legal obligation
For Clients requesting Property Management Services: To To be able to take steps to enter into a contract with you with DVE.* *In particular we shall maintain information on our Customer Relationship Management (CRM) Tools.	1. Identity 2.Contact 3. Property specific details 4. Technical 5. Marketing data 6. Profile 7. Compliance data	To take steps to enter into a contract with you or perform the contract which we enter into with you. Compliance with a legal obligation
For Clients requesting Property or Relocation Consultancy: To be able to take steps to enter into a contract with you with DVE.* *In particular we shall maintain information on our Customer Relationship Management (CRM) Tools.	1. Identity 2. Contact 3. Property specific details 4. Relocation specifications 5. Technical 6. Profile 7. Compliance data	To take steps to enter into a contract with you or perform the contract which we enter into with you. Compliance with a legal obligation
For all Site Visitors: To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	1. Identity 2. Contact 3. Technical	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) Necessary to comply with a legal obligation
To make suggestions and recommendations to you about goods or services that may be of interest to you	1. Identity 2. Contact 3. Technical 4.Marketing data 5. Profile	Consent Necessary for our legitimate interests (to develop our products/services and grow our business)

4.1 Additional Data

In
cases where you instruct us to provide certain specific service requests, we
shall accede to your requests in order to provide you with the best possible
service. In order to be able to provide you with a more tailored experience of
your housing, relocation or property management, we shall retain a record of
your preferences so that we can improve your experience with us.

This
analysis of your preferences is within our legitimate interest to ensure that
we provide the best service possible to our clients. In order to carry our such
analysis we use the following personal data:

Contact data
Profile data
Property data
Any personal preferences or
additional services which you may request

You have the right to object at any time to such processing of your
personal data. You can exercise this right by contacting us on: mark.dv@devinkestates.com For further information on
your data subject rights, please see Section 9 of this Notice below.

4.2 Marketing

We
strive to provide you with choices regarding certain personal data uses,
particularly around marketing and advertising.

4.3 Promotional offers from us

We may
use your Identity, Contact, Technical, Usage and Profile Data to form a view on
what we think you may want or need, or what may be of interest to you. This is
how we decide which products, services and offers may be relevant for you (we
call this marketing).

You
will receive marketing communications from us if you have subscribed to our
newsletter or you have subscribed to our marketing program or have an ongoing
relationship with us. This is within our legitimate interest to further our
established relationship with you and inform you of any offers which may be of
interest to you.

In all
other cases, you shall be requested to provide your consent in order to receive
marketing communications.

4.4 Third-party marketing

We
will get your express opt-in consent before we share your personal data with
any company outside DeVink Estates Limited for marketing purposes.

4.5 Opting out

If you have provided your consent to receive marketing material you can withdraw your consent at any time and you can ask us or third parties to stop sending you marketing messages at any time by following the ‘unsubscribe’ links on any marketing message sent to you or by contacting us at any time.

Where
you opt out of receiving these marketing messages, this will not affect the
processing of personal data provided to us as a result of the Services which we
provide to you or any personal data which we are obliged to retain as a result
of our legal obligations.

4.6 Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

4.7 Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we
need to use your personal data for an unrelated purpose, we will notify you and
we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your
knowledge or consent, in compliance with the above rules, where this is
required or permitted by law.

5. Disclosures of your personal data

We may
have to share your personal data with the parties set out below for the
purposes set out in the table in paragraph 4 above.

We may disclose, transfer or otherwise give access to your personal data to our affiliated entities for any of the reasons indicated in Section 4 of this Policy. Please see a list of our affiliated entities here in our Cookie Policy.

We may
also transfer your personal data to external third parties, namely our service
providers which are necessary for us to be able to provide the Services we
offer. In particular, we may transfer your personal data to our IT and software
support service providers including our Customer Relationship Management (CRM)
tools, our insurers and external legal counsel. We require all third parties to
respect the security of your personal data and to treat it in accordance with the
law. We do not allow our third-party service providers to use your personal
data for their own purposes and only permit them to process your personal data
for specified purposes and in accordance with our instructions

In
particular we may transfer your personal data to the following service
providers:

AITOS INT. Limited having its registered
office at The Brokerage, St Marta Street, Victoria, Gozo – EU, and a company
registration number of C43572 which
provides our Web Hosting and WORDPRESS.org
which provides our website and Customer Relationship management (CRM) tools
which are integrated with our website.

We may also disclose your personal data to regulatory or governmental
agencies as well as executive and judicial authorities which may have
jurisdiction over our operations. We shall only make such disclosures in
accordance with the appropriate authority and to comply with our legal
obligations.

6. International transfers

We may
transfer your personal data outside the EEA in any of the following circumstances:

the transfer is necessary
for the performance of a contract between you and DVE or for the implementation
of pre-contractual measures taken at your request;
the transfer is necessary
for the conclusion or performance of a contract concluded in your interest
between us and another natural or legal person;
the transfer is necessary
for important reasons of public interest; or
the transfer is necessary
for the establishment, exercise or defence of legal claims.

In
certain cases we may transfer your personal data to our third party suppliers,
such as IT and system support providers which may be located outside of the
EEA. In such cases we have agreements in place to regulate the processing of
personal data and ensure that your personal data is handled responsibly and in
line with applicable data protection laws.

In particular we may transfer your personal data to the RocketGroup LLC
which operates MailChimp which is a marketing service and Cognito LLC which
operated Cognito Forms. Both these service providers are subscribed to the
EU-U.S Privacy Shield and any transfers of personal data are carried out on the
basis of this adequacy decision.

7. Data security

We
have put in place appropriate security measures to prevent your personal data
from being accidentally lost, used or accessed in an unauthorised way, altered
or disclosed. In addition, we limit access to your personal data to Maltese
authorities and agents, contractors and other third parties who have a business
need to know. They will only process your personal data on our instructions and
they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data
breach and will notify you and any applicable regulator of a breach where we
are legally required to do so.

8. Data retention

8.1 How long will you use my personal data for?

We
will only retain your personal data for as long as necessary to fulfil the
purposes we collected it for, including for the purposes of satisfying any
legal, accounting, or reporting requirements.

To
determine the appropriate retention period for personal data, we consider the
amount, nature, and sensitivity of the personal data, the potential risk of
harm from unauthorised use or disclosure of your personal data, the purposes
for which we process your personal data and whether we can achieve those
purposes through other means, and the applicable legal requirements.

By law
we have to keep basic information about our customers, including contact
details and details regarding any contracts which you may have entered into as
a result of our Services for six years after the conclusion of the contract,
taking into account the applicable prescriptive period at law. We may also
retain certain personal data to ensure compliance with our legal obligations.
In particular, we shall retain certain transactional and financial information
for a period not exceeding ten years, in compliance with tax and accounting
reporting legal obligations.

In some circumstances we may anonymise your personal data (so that it
can no longer be associated with you) for research or statistical purposes in
which case we may use this information indefinitely without further notice to
you.

9. Your legal rights

Under
certain circumstances, you have rights under data protection laws in relation
to your personal data. Under applicable data protection laws, you are entitled
to exercise the following rights:

9.1 You have the right to

Request accessto your personal data (commonly known as a “data subject access
request”). This enables you to receive a copy of the personal data we hold
about you and to check that we are lawfully processing it.

Request correctionof the personal data that we hold about you. This
enables you to have any incomplete or inaccurate data we hold about you corrected,
though we may need to verify the accuracy of the new data you provide to us.

Request erasureof your personal data. This enables you to ask us to delete or remove
personal data where there is no good reason for us continuing to process it.
You also have the right to ask us to delete or remove your personal data where
you have successfully exercised your right to object to processing (see below),
where we may have processed your information unlawfully or where we are
required to erase your personal data to comply with local law. Note, however,
that we may not always be able to comply with your request of erasure for
specific legal reasons which will be notified to you, if applicable, at the
time of your request.

Object to processingof your personal data 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 data 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 processingof your personal data. This enables you to ask us
to suspend the processing of your personal data 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 use it.

You
also have the right to object to profiling and analysis of your preferences.

Request the transferof your personal data to you or to a third party.
We will provide to you, or a third party you have chosen, your personal data in
a structured, commonly used, machine-readable format. Note that this right only
applies to automated information which you initially provided consent for us to
use or where we used the information to perform a contract with you.

Withdraw consent at any timewhere we are relying on consent to process your
personal data. 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 products or services to you. We will advise
you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at mark.dv@devinkestates.com

9.2 No fee usually required

You
will not have to pay a fee to access your personal data (or to exercise any of
the other rights). However, we may charge a reasonable fee if your request is
clearly unfounded, repetitive or excessive. Alternatively, we may refuse to
comply with your request in these circumstances.

9.3 What we may need from you

We may
need to request specific information from you to help us confirm your identity
and ensure your right to access your personal data (or to exercise any of your
other rights). This is a security measure to ensure that personal data is not
disclosed to any person who has no right to receive it. We may also contact you
to ask you for further information in relation to your request to speed up our
response.

9.4 Time limit to respond

We try to respond to all legitimate requests within one month.
Occasionally it may take us longer than a month if your request is particularly
complex or you have made a number of requests. In this case, we will notify you
and keep you updated.

10. Third-Party Data Processors

So as
to improve the quality and overall user experience of the Website, we are using
third-party data processors including analytics and marketing tools.

Analytics: we use Google Analytics which uses a set of cookies that helps us to
understand how you engage with the website. These cookies collect information
and report website usage statistics without personally identifying individual
visitors. You can learn more about this here: https://support.google.com/analytics/answer/6004245

Adwords: we collect certain information from and about its users three ways:
directly from our Web Server logs, the user, and with Cookies. When you visit
our Website, we may track information to administer the site and analyse its
usage for the purpose of serving our visitors and customers better.

This
website uses Google AdWords’ free conversion tracking features on certain
pages. If you contact us online, the destination page will have code on it that
will help us understand the path you took to arrive on that page.

To fulfill your requests
for services.
To protect ourselves from
liability.
To respond to legal process
or comply with law, or in connection with a merger, acquisition, or liquidation
of the company.

Facebook Pixel:We use Facebook Pixel to understand how users interact with our Facebook
ads across devices, allowing us to optimise delivery to our intended target
audience and drive more traffic to our website.

YouTube:Our website uses plugins from YouTube, which is operated by Google. The
operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066,
USA.

If you
visit one of our pages featuring a YouTube plugin, a connection to the YouTube
servers is established. Here the YouTube server is informed about which of our
pages you have visited.

If
you’re logged in to your YouTube account, YouTube allows you to associate your
browsing behavior directly with your personal profile. You can prevent this by
logging out of your YouTube account.

YouTube
is used to help make our website appealing. This constitutes a justified
interest pursuant to Art. 6 (1) (f) DSGVO.

Further information about handling user data, can be found in the data
protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.

Google Web Fonts:For uniform representation of fonts, this page uses web fonts provided
by Google. When you open a page, your browser loads the required web fonts into
your browser cache to display texts and fonts correctly.

For
this purpose your browser has to establish a direct connection to Google
servers. Google thus becomes aware that our web page was accessed via your IP
address. The use of Google Web fonts is done in the interest of a uniform and
attractive presentation of our plugin. This constitutes a justified interest
pursuant to Art. 6 (1) (f) DSGVO.

If
your browser does not support web fonts, a standard font is used by your
computer.

Further information about handling user data, can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy at https://www.google.com/policies/privacy/.

11. Conclusion

Any
changes that we may make in the future to this Notice will be visibly posted on
the Site and, if appropriate, notified to you via email.

If you
have any questions regarding our privacy policy, or if you would like to send
us your comments, please contact us today or alternatively write to our Data protection
contact point using the details below:

Address:	102, Birkirkara Hill, St Julians, STJ1144, Malta -EU
Telephone No:	+356 79471194
Email:	mark.dv@devinkestates.com

Please check back frequently to see any updates or changed to this
Policy.

12. Version History

Current: V2 – 08/09/2020