Privacy policy

1. Who are we?

ERA Belgium NV, headquartered at 9100 Sint-Niklaas, Grote Markt 6/A, registered in the Register of Legal Entities Ghent, Dendermonde Division, with Crossroads Bank for Enterprises number 0454.106.983 (referred to hereinafter as “ERA”), is a close-knit collaboration of high-quality real estate agents.

ERA stands for Electronic Realty Associates. Originally an American company, ERA operates independently with franchisees throughout Belgium.

2. Why do we have a Privacy Policy?

ERA takes your privacy very seriously. Since the nature of our business requires us to process a large amount of personal data, we are committed to maintaining the highest standards of privacy to ensure that your personal data are protected and used only as necessary.

3. When is this Privacy Policy applicable?

This Privacy Policy applies to any user of the ERA.BE website and all its sub-sites (collectively referred to hereinafter as “the Website”). ERA is the owner and operator of the Website as well as the controller of your personal data.

This Privacy Policy applies to all personal data transmitted to us electronically. These data may be collected via forms to be completed on the Website as well as via the information you provide to us via email.

Please note that if you contact us via another electronic medium (such as Facebook, Instagram or LinkedIn), the privacy policies of these websites will take precedence in case of any conflicts with this Privacy Policy.

4. What information do we collect and what do we use it for?

For all processing of your personal data, we either request your consent as a prospective or current customer of ERA or we process these data because this is necessary for the performance of an agreement between you and ERA, in order to comply with a legal obligation or because it is necessary for ERA’s legitimate interests in the pursuit of its business activities. In the case of the Website, all processing of your personal data will be based on consent.

To contact you in the correct manner, we always ask for your name, email address, landline or mobile phone number. In this way, we can answer all your questions quickly and easily. Any other personal data you provide to us is on an optional basis. Failure to complete or incorrect completion of the required fields may mean that your question will not be answered or not be answered in full.

The box below explains the purposes of data processing in detail, along with the personal data used for each type of processing.

4.1 What is the purpose of data processing and what data are used for this purpose?

• Communication channels
  If you subscribe to a newsletter, WhatsApp messages or any other form of periodic communication, we will send you information about the sector, branch news, practical tips for sellers and buyers, competitions, events, investment opportunities, vacancies, greeting cards, appointment confirmations, valuations, details of properties that match your search criteria, etc., depending on what applies to you.
  Name, email address and landline or mobile phone number.
• Open Houses Day
  We process these data to contact you in connection with the ERA Open Houses Day. We also request the postal code of the property to be sold so that we can offer you an ideal pairing with potential buyers from our ERA Buyers’ Waiting Room.
  Name, email address and landline or mobile phone number.
• Buyers’ Waiting Room
  If you contact us via the ERA Buyers’ Waiting Room, we will process these data to contact you regarding a possible sale of your property. We also request the postal code of the property to be sold so that we can offer you an ideal pairing with potential buyers from our ERA Buyers’ Waiting Room.
  Name, email address, landline or mobile phone number and postal code of the property to be sold.
• Search
  If you send us a request to search for a property for you, we need this information to inform you about the search results.
  Name, email address and landline or mobile phone number.
• ERA Comfort Guarantee
  If you send us an inquiry about the ERA Comfort Guarantee that can add value to your home, we need your information to contact you with the answers to your questions.
  Name, email address, landline or mobile phone number and postal code of the property to be sold.
• Events
  If you wish to participate in certain events, you will receive invitations from us for the events organised by us, such as Open Houses Days, local fairs, the opening of new branches, receptions, etc., provided you are eligible for the event.
  Name, email address and landline or mobile phone number.
• Investment opportunities
  If you would like to sign up as an investor for potential investment opportunities, we will be happy to keep you informed.
  Name, email address and landline or mobile phone number.
• Job applications
  If you are looking for a job with ERA or an estate agent affiliated with ERA, we will ask for your data in order to process your job application.
  Name, email address, landline or mobile phone number and CV.
• Contact
  If you send us a general message, we require your data to contact you with the answers to your questions.
  Name, email address and landline or mobile phone number.

4.2 Your profile
To provide our services to our customers in the best possible manner, your data collected via the above channels will be stored in our CRM system. In this way, we can always link the above-mentioned contacts to existing customers.

5. Who has access to your data?

We have access to your personal data if this is necessary for the processing purposes described above. We will not disclose your personal data to third parties without your consent. Your personal data will be stored in our CRM system, where access is restricted and the appropriate technical and organisational measures have been taken to ensure the security of the system. All persons with access to the CRM system are bound by the duty of confidentiality.

We may share your information with the following parties:

• With our staff, including those who are self-employed, so that they can carry out their tasks.
• With all companies and affiliates associated with ERA so that they can carry out their activities.
• With Alfabet, as the holding company to which ERA belongs, and all companies and affiliated enterprises connected to Alfabet, for the execution of their mission. Each acts as a separate data controller.
• With estate agents affiliated with ERA, who are franchisees of ERA, so that they can carry out their activities.
• With third-party service providers who provide services or process data on our behalf or for data centralisation and/or logistical purposes. They act only as processors and therefore use your data only under strict conditions imposed by us.
• With suppliers, consultants, marketing partners and other service providers who need access to such information in order to work on our behalf. They too only act as processors and therefore use your data only under strict conditions imposed by us.
• With competent authorities following a request for information if we believe that such disclosure is consistent with or otherwise required by any applicable law or regulation (civil-law notary, municipality, Public Waste Agency of Flanders, etc.) or legal process.

Both ERA as the franchiser and the affiliated real estate agent within ERA, as well as the franchisee (whom you are a client of), have access to your personal data through a Joint Control Agreement in the form of a franchise agreement. This agreement specifies who is liable in the event of a breach and outlines how your personal data is handled. If you have any questions about this, you can contact both ERA and your affiliated real estate agent within ERA. Internal liability does not prevent you from contacting either party.

Similarly, Alfabet, the holding company to which ERA belongs, and all companies associated with Alphabet, have access to your data through a Joint Control Agreement. This agreement clarifies liability in the event of a breach and details how your personal data is managed. If you have questions about this, you can reach out to both Alfabet and the relevant company associated with Alfabet. Internal liability does not restrict you from reaching out to either party.

We will not transfer your data to customers outside the EEA (European Economic Area) without your explicit consent.

6. How long will your data be stored?

We will initially store your personal data for two years. After the end of this period, you may renew your consent, for one year at a time, by accepting our request for renewal. Otherwise, your personal data will be anonymised.

7. What are your rights?

The General Data Protection Regulation (GDPR) provides for a number of rights for you as a user of the Website which may be invoked under certain conditions. Below is a list of these rights along with a brief explanation.

7.1 Right of access
Right of access means, first and foremost, that we are obliged to inform you about what happens to your personal data and specify your rights. You can find these under “Part 4. What information do we collect and what do we use it for?”.

In addition, we must provide you with a copy of your personal data at your request. You will receive a copy upon simple request via one of the above channels. Please note that only the first copy is free. We reserve the right to ask you to provide us with proof of your identity so that we can avoid disclosing your personal data to third parties. We will send you your personal data by email unless you specifically request them to be sent by post or if an email is not possible (e.g. due to technical circumstances).

It is possible that certain documents may contain personal data of third parties who enjoy the same protection as you. Therefore, we need to anonymise certain documents, which may take some time. We will always inform you if we cannot fulfil your request within one month.

7.2 Right to rectification (right to correction)
If the personal data in our possession are incorrect or no longer up to date, we will modify them upon simple request. If we suspect that your personal data are no longer up to date, we may contact you to verify this.

7.3 Right to erasure (right to be forgotten)
If you meet any of the criteria below, we will delete your data. Your email address and/or phone number and/or address and/or name will be placed on a blacklist so that our system will recognise that you no longer wish to be contacted.

Circumstances under which we may delete your personal data:

• If we no longer process your personal data or no longer need these data.
• If you withdraw your consent to a specific type of processing that was based solely on consent.
• If you have invoked your right to object (see below).
• If your data were processed unlawfully.
• If we are required by law to delete your personal data.
• If your personal data were collected in connection with the offer of information society services.

There are some specific situations where this data erasure cannot be performed. These situations are common in our sector. We may not be able to fulfil your request if we need to retain your data based on one of the following reasons:

• For ensuring compliance with a legal obligation.
• For archiving, research or statistical purposes in accordance with Article 89 of the GDPR.
• For the purpose of establishing, exercising or defending legal claims.
• For public health reasons.
• For upholding the right to freedom of expression and information.

7.4 Right to restriction of processing
We will stop processing your data in the event that:

• The data in our possession are incorrect.
• Our processing is deemed unlawful.
• Certain legal claims are involved.
• Pursuant to Article 21 of the GDPR, you have the right to object until the matter is clarified.

If the restriction on processing is no longer valid, we will communicate to you the reasons for lifting the restriction.

7.5 Right to be informed
If you invoke the above-mentioned rights, with the exception of the right of access, we will communicate this to all recipients to whom your personal data have been provided, unless this proves impossible or involves disproportionate effort. We will inform you of these recipients at your request.

7.6 Right to data portability
All personal data that you have provided to us, which we process based on consent and process via automated means, will be sent to you or another controller (if technically possible) in readable format upon request. For example, we may send you a CSV file containing your data or transfer this to another party designated by you.

7.7 Right to object
If we process your personal data on the basis of legitimate interest or for the purpose of performing a task carried out in public interest, you have the right to object to this. We will investigate your objection and continue processing only after investigation, provided we can prove that we have a legal reason to continue the processing. The conclusion of the investigation will be communicated to you.

If you object to direct marketing based on legitimate interest, we will no longer send you direct marketing messages from the time we receive your request regarding this.

8. Can you withdraw your consent?

Yes, you may withdraw your consent to the processing of your data at any time. However, there are two exceptions. Firstly, if there is another legal basis for processing your data, we will continue to process your data on that legal basis. Secondly, withdrawal of consent should not be used to bypass contractual obligations. In short, if you withdraw your consent, it only works with respect to the future and all previous processing is considered legal. If there is a need to execute a contract, your data will continue to be processed on that basis.

9. How can you reach us?

For questions, comments or complaints or to exercise your rights regarding privacy, you may contact us via the following channels:

• Address: Grote Markt 6/A, 9100 Sint-Niklaas
• Telephone: +32 (0)3 889 88 28
• Email: info@era.be
• Website: ERA.BE

If we were unable to handle your request optimally, you are always entitled to file a complaint with the Data Protection Authority:

• Address: Drukpersstraat 35, 1000 Brussels
• Telephone: +32 (0)2 274 48 00
• Email: commission@privacycommission.be
• Website: www.privacycommission.be

10. Changes to our Privacy Policy

This Privacy Policy supersedes all previous versions and is effective from 1 August 2023. We reserve the right to modify and/or update this Privacy Policy at any time.

In the event of any conflict between this Privacy Policy and the special terms and conditions applicable to certain products and services, those special terms and conditions will take precedence over this Privacy Policy.