Last updated: January 30, 2025

Privacy and protection of your data are very important to HERCESA INMOBILIARIA PORTUGAL, S.A.

This document aims to provide detailed information about the use and protection given to your personal data by HERCESA INMOBILIARIA PORTUGAL, S.A., the reason for processing them, as well as the rights that assist you, thus complying with Article 13 of the General Data Protection Regulation (Regulation (EU) 2016/679)

1. Personal data processed by HERCESA INMOBILIARIA PORTUGAL, S.A. as data controller

HERCESA INMOBILIARIA PORTUGAL, S.A. collects and processes the personal data necessary to provide the agreed service, but also for commercial prospecting purposes, for itself and for third parties.

The personal data processed may be provided by the Clients themselves and/or third parties (for example, by providing civil identification documents and personal information, use of digital channels or through personal interaction) or may be the result of established relationships.

In providing services, HERCESA INMOBILIARIA PORTUGAL, S.A. processes various categories of personal data, including:

• Civil identification data (e.g., name, gender, date of birth, signature);
• Tax identification data (e.g., tax identification number, tax code);
• Digital identification data (e.g., IP address, geographic coordinates);
• Other identifying data (e.g., father’s name, mother’s name, social networks);
• Address and contact data (tax address, postal address);
• Personal data (e.g., immigrant, non-resident [TIN and Country], retired, titles);
• Professional data and academic qualifications (e.g., occupation, employer, income, public positions, ENI);
• Contractual and capital data (bank account data, asset value, account number, IBAN);
• Voice and image recording data (e.g., call recordings, video, photos).

2. The purposes for which personal data processing is intended

The personal data collected are processed for the following situations:

Execution of a contract entered into with you or carrying out pre-contractual measures at your request:

HERCESA INMOBILIARIA PORTUGAL, S.A. may need to process your personal data related to the purchase, sale and rental of real estate (for example, the conclusion of a promissory purchase and sale contract, deed of sale, rental contract and visit requests, management of the contractual/commercial relationship).

Compliance with legal obligations to which HERCESA INMOBILIARIA PORTUGAL, S.A. is subject

HERCESA INMOBILIARIA PORTUGAL, S.A. is subject to various legal and regulatory obligations, which may imply the need to process your personal data, such as:

• Compliance with retention, payment or declaration obligations for tax purposes;
• Compliance with legal or regulatory obligations relating to the activity of HERCESA INMOBILIARIA PORTUGAL, S.A.;
• Compliance with legal obligations relating to communication or responses to public authorities;
• Compliance with procedures for preventing and combating financial crimes;
• Information security and personal data protection;

Pursuing the legitimate interests of HERCESA INMOBILIARIA PORTUGAL, S.A.

Your personal data are also used to develop available services, to improve service quality and to defend the legal rights and interests of HIGH INNOVATION REAL ESTATE, S.L., including:

• Litigation management (e.g., evictions, specific executions, claims, demarcations);
• Fraud prevention and fight
• Marketing and communication of own services (e.g., analysis and data processing to identify opportunities for property presentation; boosting business activities for marketing and sending direct commercial communications);
• Service quality improvement and monitoring (e.g., analysis and data processing aimed at communicating business opportunities in real estate, information related to the quality and performance of various means and processes of buying, selling and renting real estate, complaint management).

3. Recipients of personal data

To comply with its obligations and provide quality service, HERCESA INMOBILIARIA PORTUGAL, S.A. may need to communicate your personal data to other entities, including the following categories of recipients:

• In compliance with legal and/or contractual obligations, your personal data may be transmitted to third parties, for the achievement of their own purposes, specifically to network operators, banks and insurers, judicial, administrative, supervisory or regulatory authorities and also entities that lawfully carry out data compilation actions, fraud prevention and fight actions, market or statistical studies;
• Other entities based in the European Area, specifically other banks and companies for the purchase, sale and rental of real estate at the client’s request;
• Other entities belonging to the Group;
• Service providers of HERCESA INMOBILIARIA PORTUGAL, S.A., lawyers and auditors;
• Real estate appraisers;

In the case of international transfers (outside the European Union), where the European Commission has declared, through an adequacy decision, that the country outside the European Union in question guarantees a level of personal data protection equivalent to that offered by EU legislation, the data transfer will be based on that adequacy decision.

When the transfer is to countries or organizations located outside the European Union, for which the Commission has not made a decision on adequacy, HERCESA INMOBILIARIA PORTUGAL, S.A. will implement safeguards to ensure the protection of your data.

4. Personal data retention periods

HERCESA INMOBILIARIA PORTUGAL, S.A. will retain your personal data as long as the contractual relationship that binds them is maintained. Subsequently, when they are no longer necessary for the purposes for which your personal data were collected, they will be blocked, being exclusively available to judges and courts, the Public Prosecutor’s Office or competent Public Administrations, particularly data protection authorities for the requirement of any liabilities arising from processing and for its prescription period. After this period, HERCESA INMOBILIARIA PORTUGAL, S.A. will delete your personal data.

5. Rights of data subjects when providing us with their personal data

According to applicable legislation, customers, as data subjects, have the following rights:

Right of access:

Whenever you request it, you can access your personal data, obtain information related to the processing of your data and also obtain a copy of the personal data being processed.

Right to rectification:

When you consider that your personal data is incomplete or incorrect, you can request its rectification or completion.

Right to erasure:

Without prejudice to legal and regulatory obligations that may limit the exercise of this right, you can request the deletion of your personal data in one of the following situations:

• Personal data are no longer necessary for the purpose for which they were collected or processed;
• You withdraw the consent on which the data processing is based and there is no other legal basis for processing;
• You object to data processing and there are no prevailing legitimate interests, which will be assessed on a case-by-case basis, that justify processing;
• Personal data must be deleted under a legal obligation to which HERCESA INMOBILIARIA PORTUGAL, S.A. is subject;
• Personal data were collected in the context of providing information society services.

The right to erasure is not applicable if processing is necessary:

• For the exercise of freedom of expression and information;
• To comply with a legal obligation requiring processing;
• For reasons of public interest in the field of public health;
• For archiving purposes in the public interest, scientific or historical research or statistical purposes, to the extent that the exercise of the right to erasure would seriously impair the achievement of the purposes of such processing;
• To establish, exercise or defend a right in legal proceedings.

Right to restriction of processing:

You can request the restriction of processing of your personal data in the following cases:

• If you contest the accuracy of your personal data for a period to verify their accuracy;
• If the processing is unlawful and you oppose the erasure of the data, but request instead the restriction of their use;
• If HERCESA INMOBILIARIA PORTUGAL, S.A. no longer needs the personal data for processing, but they are necessary to establish, exercise or defend a right in legal proceedings;
• If you have objected to processing until it is determined whether the legitimate interests of HERCESA INMOBILIARIA PORTUGAL, S.A. prevail over yours.

Right to portability:

When processing is based on express consent or contract execution and when the processing in question is carried out by automated means, you may request delivery, in a structured, commonly used and machine-readable format, of the personal data you have provided. You also have the right to request that HERCESA INMOBILIARIA PORTUGAL, S.A. transmit such data to another controller, to the extent technically possible.

Right to object:

You have the right to object to the processing of your personal data in the following situations:

• When processing is based on the legitimate interest of HERCESA INMOBILIARIA PORTUGAL, S.A.;
• When processing is carried out for purposes other than those for which the data were collected, but compatible with them.

If you object to processing, HERCESA INMOBILIARIA PORTUGAL, S.A. will stop processing your personal data unless it has legitimate reasons to carry out such processing and these prevail over your interests. You can also object to the processing of your data for direct marketing purposes, including profiling related to such marketing.

Right not to be subject to exclusively automated individual decisions:

In data processing based on automated processes you have the right to:

• Obtain human intervention and analysis;
• Express your point of view;
• Contest the decision made.

Right to withdraw your consent:

When data processing is based on your consent, you can withdraw it at any time. In this case, your personal data will no longer be processed, unless there is another reason that justifies such processing by HERCESA INMOBILIARIA PORTUGAL, S.A.

Right to file complaints with the CNPD:

You have the right to file complaints about matters related to the processing of your personal data with the National Data Protection Commission.

You can use the following channel to exercise any of your rights: Email: [email protected]

6. Contact points and Data Protection Officer

Email: [email protected]