personal data policy

1. Request for information phase:

Information on the processing of customer personal data by Bennet and Bernard

Party responsible for data processing

BENNET AND BERNARD or any of the companies managed by BENNET AND BERNARD depending on the Project (hereinafter referred to as “BENNET AND BERNARD“).

Registered office: GOA, INDIA

Data Protection Officer contact: [email protected]

What data processing is carried out by BENNET AND BERNARD?

The processing of personal data by BENNET AND BERNARD will depend on the status of the temporary relationship with the data subject. Below, we will detail purposes, legal bases associated with the processing, categories of data processed, as well as retention periods of the personal data processed.

BENNET AND BERNARD will process the personal data collected directly from the interested parties or through the information request forms in order to be able to attend the request about the indicated promotion. In this sense and according to the request received, BENNET AND BERNARD will send the interested party information about the development of the property they are interested in. If the interested party does not wish to continue receiving information about said promotion, they may request the cancellation of communications whenever they consider it appropriate through the following e-mail address: [email protected]

Finally, the application form requests the interested party’s consent to: (i) receive information about other developments marketed by BENNET AND BERNARD and (ii) communicate their data to other companies in the real estate sector managed by Kronos so that they can send information about their products. This treatment is explained in section 5 of this document “Commercial information“. 

Legitimacy in the processing of personal data: BENNET AND BERNARD processes the information provided on the basis of:

  • The processing necessary for the implementation at the request of the data subject requesting information on a property whose marketing and sale is by BENNET AND BERNARD. (art.6.1.b) of the General Data Protection Regulation).
  • The express consent of the data subject through the boxes provided for this purpose in the information request form. (art.6.1.a) of the General Data Protection Regulation).

Categories of personal data: The personal data that BENNET AND BERNARD will process at the time of the information request are: name and surname, address, e-mail address, details of the property of interest, as well as the contact details of the sales representative assigned to your information request. 

Data Retention: BENNET AND BERNARD will keep the personal data of the interested parties during the marketing period of such promotion. If the interested parties finally decide to proceed with the purchase of the property, BENNET AND BERNARD will process the information related to the down payment or purchase in accordance with the data processing foreseen for those phases. If, in the end, the interested parties do not proceed with the purchase of the property, BENNET AND BERNARD will not process such information, except in the case foreseen in point 5 on commercial information. See point 5. Commercial Information. 

2. Choice of property phase:

BENNET AND BERNARD will process your personal data in order to manage the choice of the property by the interested party. This choice can be made by means of a deposit document.

Legality in the processing of personal data

BENNET AND BERNARD will process all information provided by the data subject for the purpose of managing the choice of a property for future purchase (art.6.1.b) of the General Data Protection Regulation). In this regard: 

  • BENNET AND BERNARD will inform the commercial agents designated in this promotion of this choice in order to carry out the execution of the promotion.
  • BENNET AND BERNARD may carry out the data processing derived from the implementation of this document or from any management derived from the guarantee deposit.

Likewise, from the moment the deposit is made, BENNET AND BERNARD implements all the obligations arising from the regulations on the prevention of money laundering and terrorist financing with the processing of personal data derived from the identification obligations. (art.6.1.c) of the General Data Protection Regulation). In this case, the data subject is informed that BENNET AND BERNARD may share this information with the other companies it manages in the real estate sector for the sole purpose of streamlining and managing the obligations that fall on these companies in this area. 

On the other hand, only in the event that the interested party has expressly consented to the option of financing the property (art.6.1.a) of the General Data Protection Regulation) the data of the interested party may be communicated to the financial institution with which BENNET AND BERNARD maintains relations to facilitate the financing of this promotion, for the purpose of contacting them for the study and management of the possible financial transaction for the purchase of the aforementioned property. This consent will imply that the entity chosen for the possible financing will communicate your data to BENNET AND BERNARD once the operation has been approved or denied in order to continue with the negotiations of the possible purchase of the property in the appropriate terms.

Categories of personal data: The personal data that BENNET AND BERNARD will process at the time of choosing the property will be your name and surname, address, e-mail address, details of the property of interest, the salesperson assigned to your request for information, guarantee deposit, account information from financial institutions, signed deposit documents, expected time of formalization of the purchase contract and identification documents required by BENNET AND BERNARD in order to comply with obligations for the prevention of money laundering. BENNET AND BERNARD may also obtain additional data, either from common information files for the prevention of money laundering, as well as from official public registries. 

Data retention: BENNET AND BERNARD will keep your personal data during the period of choice of the property or it can be extended in the event that the purchase is formalized. In the event that the purchase of the property does not materialize, your data will be kept blocked for a period of ten years to comply with the obligations of conservation of documentation derived from the regulations on prevention of money laundering and terrorist financing.

3. Purchase and Sale Formalization Phase:

BENNET AND BERNARD will process the buyers’ data in order to manage and formalize the purchase contract. 

Legality in the processing of personal data: BENNET AND BERNARD processes the information provided on the basis of the processing necessary for the performance of a purchase contract between the data subject and BENNET AND BERNARD. (art.6.1.b) of the General Data Protection Regulation). In this regard, this relationship will involve the following processing of personal data:

  • Necessary management for the formalization of the purchase contract.
  • Documentary/contractual, accounting, tax and administrative management.
  • Management and, if necessary, communication of data with public registries, agencies, insurance companies and notaries involved in the process.
  • Pre- and post-sale management. All the activities that are carried out according to the needs that may arise from the provision of the property.

Compliance with identification obligations derived from the applicable regulations (art.6.1.c) of the General Data Protection Regulation):

  • Prevention of money laundering and financing of terrorism. In this case, you are informed that BENNET AND BERNARD may share such information with other companies that it manages and that have already been mentioned above for the sole purpose of streamlining and managing the obligations that fall on such companies in such matters.
  • Necessary data communications with public bodies that either may require information or such data communication derived from the regulations themselves, such as tax regulations.

Only in the event that the interested party has consented to the financing of the property, their data may be communicated to the financial institution with which BENNET AND BERNARDmaintains relations to carry out the economic operation of the purchase of the property. (art.6.1.a) of the General Data Protection Regulation).

Categories of personal data: The personal data that BENNET AND BERNARDwill process when you choose a property will be your name and surname, address, e-mail address, details of the property you are interested in, the salesperson assigned to your request for information, guarantee deposit, financial institution account information, professional information, family information, financial situation information, tax information, signed deposit documents, expected completion dates of the purchase contract and identification documents required by BENNET AND BERNARD in order to comply with anti-money laundering obligations. Furthermore, BENNET AND BERNARD may obtain additional data, either in common information files for the prevention of money laundering, as well as from official public registries. Likewise, BENNET AND BERNARD may process personal data of third parties provided by the buyer, such as: legal representatives, collaborators, guarantors, relatives or other related persons in case of presenting personal and material guarantees. 

With respect to the above-mentioned processing of third-party data, the purchaser confirms that such data are genuine and that the subjects concerned have been informed and have consented to the processing of their personal data by BENNET AND BERNARD. 

Data retention: BENNET AND BERNARD will keep your personal data during the entire process of formalization of the purchase. Once the period of one year and a half has elapsed (the period provided for possible post-sale management) your data will be kept blocked for a period of ten years to comply with the obligations of conservation of documentation derived from the regulations on the prevention of money laundering and terrorist financing. 

4. Quality surveys:

Also, BENNET AND BERNARD will send you, based on its legitimate interest (art.6.1.f) of the General Data Protection Regulation), quality surveys on the service offered, the properties offered in order to learn from customer feedback, improve the information and quality of the processes and therefore the experience of all stakeholders in BENNET AND BERNARD promotions. BENNET AND BERNARD has carried out a weighting test of the aforementioned legitimate interest in order to verify that the sending of these satisfaction surveys to those interested in BENNET AND BERNARD promotions does not undermine their data protection rights. After such analysis, BENNET AND BERNARDunderstands that these rights are not violated given the clear information contained in this information document, as well as the possibility of the interested party to oppose the sending of such surveys either (i) via email at the time of the request and (ii) in the unsubscribe procedure that exists in such communication. Likewise, BENNET AND BERNARD will not send such surveys to those who have not consented to receive information about other BENNET AND BERNARD Group promotions. If you would like to know more about the details of this weighting test, you can request this at the following email address: [email protected]

5. Commercial information:

In the information request forms, BENNET AND BERNARD will enable a mechanism for those who are interested to expressly consent to the subsequent processing (art.6.1.a) of the General Data Protection Regulation):

  • A specific consent so that BENNET AND BERNARD, either through calls from its managers or through e-mail, can send commercial information about events or other promotions marketed by BENNET AND BERNARD or other products in the real estate sector to which MONTE FORTE is a party. For the preparation of such communications, BENNET AND BERNARD will personalize them based on profiles based on the preferences of promotions that have been expressed, or, if they are customers, based on personal data that BENNET AND BERNARD has regarding their preferences and operating history.
  • Another specific consent allows BENNET AND BERNARD to send the contact details of the interested parties to other companies managed by BENNET AND BERNARD so that they can send them commercial information about their products in the real estate sector.

Only if the interested party has consented to such processing, BENNET AND BERNARD will process such information in any of its phases in order to keep them informed of other promotions or that other companies may know their data to send associated information. The interested party may always revoke the consent given. 

6. Processing of Web data:

If the interested party wishes to know about the processing of personal data carried out by BENNET AND BERNARD through www.bbmontefort.st, they may refer to the following informative texts:

If the interested party wishes to know about the processing of personal data carried out by BENNET AND BERNARD, through https://bbmontefort.st/ they can refer to the following informative texts: 

To whom are your personal data communicated? 

  • Only if the interested party has given their express consent, through the mechanism provided for this purpose, BENNET AND BERNARD may forward contact information to the other companies managed by MONTE FORTE so that they can send the interested party commercial information.
  • Depending on the time phase of the relationship with the interested party:
  • During the information request phase, BENNET AND BERNARD will not communicate your data to any third party, apart from BENNET AND BERNARD’s suppliers, as stated in the last paragraph of this section.
  • In the phase of choosing the property, BENNET AND BERNARD may communicate data of the data subject to:
  • Kronos Group companies for purposes related to the prevention of money laundering and terrorist financing.
  • In the event that the interested party is interested in financing the property, its data may be communicated to financial institutions.
  • In the purchase and sale phase:
  • Financial entity for the management of the financing and possible subrogation of real rights.
  • Entities insuring the contract.
  • Public bodies and institutions of the General State Administration, Regional and Local Administrations.
  • Security Forces and Bodies in case BENNET AND BERNARD is required to provide certain information.
  • Courts and Tribunals in the event of any proceedings or dispute arising from the purchase contract.
  • Entities that participate in the process of preparing the property, either supply or assembly companies both in a phase prior to the delivery of the property, as well as in a later phase in the event that any repairs, modifications or additional materials are necessary.
  • Finally, BENNET AND BERNARD has third party service providers that may have access to personal data of interested parties in connection with the provision of its services, such as suppliers, materials, maintenance, control and monitoring of works, architects, site technicians, auditors, experts, lawyers, managers, IT maintenance, financing services, potential investors, administrative services and destruction of documentation, among others. BENNET AND BERNARD pre-selects these suppliers based on data protection compliance criteria, has signed data protection contracts with all of them and monitors their compliance with their data protection obligations.

International Data Transfers

The interested party is informed that BENNET AND BERNARD does not carry out international transfers of its data.

Possible Claims or Exercise of Data Protection Rights

The interested party may exercise the rights of access, rectification, deletion, limitation, opposition, and portability with respect to their personal data, as well as the right to withdraw the consent given, requesting this in writing by email to [email protected]

or letter addressed to the registered office of BENNET AND BERNARD indicated above, attaching a copy of your ID card. You can also file any type of data protection claim to the address indicated above or the interested party can go to the India Data Protection Agency, the supervisory authority on data protection:  http://www.agpd.es.  

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