Welcome to Homes of Quality Limited’s (C 25704)’s privacy notice (the “Notice”).
Homes of Quality Limited (C 25704) (“HOQ”, “we”, “us” or “our”) having its registered office at 2, Paceville Avenue, St. Julians, STJ 3109, Malta, and its affiliates and subsidiaries, respect your privacy and are committed to protecting your personal data. In that respect, HOQ is part of a group of companies which provides real estate agency services to clients, including assisting them in the sale, purchase, exchange or rental of real estate as well as providing ancillary services related to the property which you may purchase (including home furnishing and property management services) (the “Services”).
We process your data in an appropriate and lawful manner, in accordance with the Data Protection Act (Chapter 440 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.
1. Important Information and Who We Are
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 HOQ collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, use our Contact Form, Register Your Property on our website 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.
Homes of Quality Limited (C 25704) (“HOQ”, “we”, “us” or “our”) having its registered office at 2, Paceville Avenue, St. Julians, STJ 3109 Malta 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[s1] , please contact the Data Protection Contact Point using the details set out below.
Our full details are:
Full name of legal entity: Homes of Quality Limited (C 25704) having its registered office at 2, Paceville Avenue, St. Julians, STJ 3109, Malta
Name or title of Data Protection Contact Point: Godfrey Swain, Director
Email address: firstname.lastname@example.org
Postal address: 2, Paceville Avenue, St. Julians, STJ 3109, Malta
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.
Changes to the privacy notice and your duty to inform us of changes
[This version was last updated on 23/05/18
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 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
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:
A. When visiting our website
It is possible to visit our website and view properties displayed on 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.
a) 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.
b) 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.
B. When Registering Your Property on our website
When registering your property on our website, you shall be asked to submit certain information, including your identity data, such as your name surname and country code. We shall also request you to provide your email address.
We shall also request that you provide information relating to the property you wish to register, including the address of the property as well as photos of the property.
This information is necessary for us to be able to register your property in our system which enables us to provide the real estate agency services you require. We shall contact you via the email address you provide in order to set up a viewing and discuss the way forward to find the right purchaser for your property. When registering your property, we create a profile within our database which allows us to be able to manage your property listing and provide the Services you request.
C. When using the ‘Contact Us’ Form
Our website allows you to submit an enquiry and get in touch with us in order to be able to provide assistance as regards your real estate needs. 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, nationality, telephone and mobile numbers) 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.
D. When using any of our Services
In order to be able to provide the Services which you request, which may include negotiating the sale, transfer, lease of your property or any ancillary property Services which we offer to our clients, we shall need to process personal data. Generally, this shall include your contact information, such as your name, surname, email, telephone number as well as your financial details.
The personal data which we request from your 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. In particular when assisting you in the purchase of property, we are considered to be subject persons under the Prevention of Money-Laundering Act (Chapter 377) of the Laws of Malta and regulations promulgated thereunder and therefore are required by law to collect additional personal data such as copies of national identification documents, copies of utility bills and other documentation necessary pursuant to our obligations as a subject person.
Through our website you may also choose to subscribe to our newsletter. You can unsubscribe to any and all marketing information at any time by emailing us on or else choosing the unsubscribe option in any communications sent to you. By subscribing to our newsletter, you shall be included in our mailing list until such time as you choose to unsubscribe to receiving any communications from us. In this regard, we shall process data relating to your preferences in receiving marketing from us to ensure that we adhere to your choices.
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, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
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 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.
Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
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|
|To register your property to be able to provide the Services you request|
(c) Financial information
(d) AML documentation
Performance of a contract with you
Compliance with our legal obligations
|To respond to your queries|
(c) Information relating to your query
|(a) Performance of a contract with you|
To manage our relationship with you which will include:
(b) Asking you to leave a review by completing our customer satisfaction questionnaire
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
(a) 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)
(b) 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|
(d) Marketing data
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
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.
You will receive marketing communications from us if you have subscribed to our newsletter or engaged us to carry out any Services. This is within our legitimate interest to develop our relationship with you and ensure that you receive the best service possible as well as to enable us to carry out any further real estate transactions which you may be interested in, such as renting a property which you have purchased through our Services.
We will get your express opt-in consent before we share your personal data with any company outside the Frank Salt group of companies for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time [by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out 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 apply to 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.
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 email@example.com
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 entity, namely Frank Salt Real Estate Ltd (C 31667) and Berkeley Investments Limited (C 20788) both having their registered office at 2, Paceville Avenue, St. Julians, STJ 3109, Malta and for any of the reasons indicated in Section 4 of this 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, 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
Whenever we enter into a contract with you we shall inform you of the identity of the service providers which may be necessary for us to be able to provide the Services you engage us to carry out.
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 generally do not transfer your personal data outside the European Economic Area (EEA) but may do so in the following limited cases:.
a) the transfer is necessary for the performance of a contract between you and Homes of Quality or for the implementation of pre-contractual measures taken at your request (such as when you purchase property abroad);
b) the transfer is necessary for the conclusion or performance of a contract concluded in your interest between us and another natural or legal person;
c) the transfer is necessary for important reasons of public interest; or
d) the transfer is necessary for the establishment, exercise or defence of legal claims.
In all other cases we shall request your explicit consent in order to transfer your personal data outside the EEA.
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 those employees, 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
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 AML documentation for a period of six years in compliance with the Prevention of Money Laundering Act (Chapter 377 of the Laws of Malta) and may 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:
You have the right to:
Request access to 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 correction of 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 erasure of 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 processing of 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 processing of 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.
Request the transfer of 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 time where 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 <firstname.lastname@example.org>
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.
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.
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