Privacy Notice for Clients Entering into an Engagement Agreement
This is an informational translation — the Hungarian version prevails. (Ez egy tájékoztató jellegű fordítás — a magyar nyelvű változat az irányadó.) In case of any discrepancy between this English text and the Hungarian original at
/adatkezeles, the Hungarian text governs.
I. The data controller(s)
The RE/MAX Franchise, comprising the following:
- HT ESTATES KFT. (registered seat: 1061 Budapest, Andrássy út 5. IV emelet, 14 ajtó, company registration number: 01 09 961937, tax number: 23361117-2-42, represented by: Kesthely Bence László), (hereinafter RE/MAX Hungary), as the exclusive Hungarian owner of the RE/MAX Franchise rights
- Every RE/MAX Franchise office registered in Hungary that is subject to a valid Franchise agreement concluded with RE/MAX Hungary and actively carries on real estate agency activity
Under the agreement concluded between them, the members of the RE/MAX Franchise Network qualify as joint controllers, meaning that the purposes and means of the data processing described in this privacy notice were determined jointly by them.
The data controller's data processing principles are in line with the data protection legislation in force, in particular the following:
- Act CXII of 2011 on the Right to Informational Self-Determination and on Freedom of Information (hereinafter: Infotv.)
- Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (in particular Section 13/A)
- Act XC of 2005 on the Freedom of Electronic Information
- Act C of 2003 on Electronic Communications
- Act CLV of 1997 on Consumer Protection
- Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (GDPR)
II. The purpose and legal basis of the processing, the scope of data processed, and who is entitled to access the data
A.
| Purpose of processing | Legal basis | Data processed | Who can access the data? |
|---|---|---|---|
| Providing real estate agency services to the client under a contract | GDPR Article 6(1)(b) — processing necessary for the performance of the contract | the client's name, name at birth, address, mother's name, place of birth, e-mail address, phone number, the property's details and parameters | The client's personal data may be accessed by that Franchise Partner of the RE/MAX Franchise Network, or by the property adviser in a legal relationship with that Franchise Partner, in whose portfolio the client's property is listed, or who has an interested client wishing to view the given property. |
| Enforcement of the RE/MAX Franchise Network's lawful civil-law claim where a transaction is concluded by circumventing the real estate agent | GDPR Article 6(1)(f) — pursuit of the controller's legitimate interest | the client's name, name at birth, address, mother's name, place of birth, e-mail address, phone number | The client's personal data may be accessed by the RE/MAX Franchise Network, the Network's Partner, or the property adviser in a legal relationship with it [HELYŐRZŐ – source text breaks off here] |
| [HELYŐRZŐ – missing purpose, most likely: customer due diligence under the Pmt.] | the mandatory data processing prescribed by Act LIII of 2017 on the Prevention and Combating of Money Laundering and Terrorist Financing (Pmt.) | the client's name, name at birth, address, mother's name, place and date of birth, nationality, the type and number of the identifying document, and, for a foreign natural person, the place of residence | The client's personal data may be accessed by the RE/MAX Franchise Network, the Network's Partner, or the property adviser in a legal relationship with it who is or was in a contractual relationship with the client. |
| Obligation to retain accounting records | the obligation to retain accounting records prescribed by Section 169(2) of Act C of 2000 on Accounting | the client's name, address, the invoice amount, other invoice data | The client's personal data may be accessed by that Franchise Partner of the RE/MAX Franchise Network who issued the accounting record to the client. |
B.
| Purpose of processing | Legal basis | Data processed | Who can access the data? |
|---|---|---|---|
| Where the property is sold, transferring the client's data to the company/person entitled to issue an energy performance certificate that is in a contractual relationship with RE/MAX Hungary, so that the company/person can contact the client in order to provide its service | GDPR Article 6(1)(a) — the data subject's voluntary consent | the client's name, phone number, address, the property's details | - RE/MAX Franchise Network |
| Sending client satisfaction enquiries and questions to clarify client requirements, by e-mail and/or phone | GDPR Article 6(1)(a) — the data subject's voluntary consent | - name - e-mail address - phone number - the property's parameters - answers given to questions qualifying the client's requirements - answers given to the client satisfaction questionnaire | - RE/MAX Hungary, as well as the Franchise Partner, and the property adviser in a contractual relationship with it, who is in direct contact with the client |
| Market research, market analyses, preparation of statistics | GDPR Article 6(1)(a) — the data subject's voluntary consent | the property's details, data relating to the sale of the property (e.g. listing price, sale price, etc.) | - RE/MAX Franchise Network |
III. Data transfers
The RE/MAX Franchise Network transfers the clients' data, in the cases specified in the Pmt., to the Hungarian Anti-Money Laundering Information Office operating within the National Tax and Customs Administration.
Where the property is sold, the RE/MAX Franchise Network transfers the client's name, phone number and the property's details to the company/person preparing the energy performance certificate.
The RE/MAX Franchise Network may transfer the client's personal data, where it enforces a civil-law claim arising from the sale of a property in circumvention of the RE/MAX Franchise Network, to the attorney, law firm, or debt-collection company instructed by it or by the Franchise Partner.
The RE/MAX Franchise Network may transfer the client's personal data, where the property is sold, to the Buyer, in order to prepare the offer to purchase the property and/or the sale and purchase agreement.
IV. Duration of the processing
Under the Pmt. and the Accounting Act, the duration of the processing is 8 years from the termination of the business relationship.
In respect of data processed on the basis of the contractual relationship with the client, the duration of the processing is 5 years from the termination of the business relationship.
In the case of processing based on the client's voluntary consent, the duration of the processing lasts until the consent is withdrawn, but no longer than 2 years from the termination of the business relationship.
Thereafter, the controller will not use the client's data for the purpose covered by the consent.
V. Data processors
Data processors are the natural or legal persons who, within the framework of a contractual relationship with the Controller, process personal data relating to data subjects. The RE/MAX Franchise Network uses a data processor in the course of the processing. Data processors do not make independent decisions; they are only entitled to act in accordance with the contract concluded with the respective Controllers and the instructions received.
In respect of the services and processing referred to in this notice, the following persons may act as data processors:
- Other contributors and auxiliary persons in a legal relationship with the RE/MAX Franchise Network who assist in carrying out the RE/MAX Franchise Network's activity (e.g. property advisers, office managers, administrative staff, mortgage-broker subcontractors, retained valuers).
- Email for the website (aroncsuta.hu) is sent by the Resend email service (resend.com) as a data processor: it stores the name and email address of those who subscribe to the newsletter or to property offers, it delivers the requested guide and the newsletter to visitors, and it may deliver the data submitted through the website's forms to the property adviser.
VI. The rights of data subjects
Our clients are entitled at any time to request information about the personal data relating to them that is processed by the RE/MAX Franchise Network, and may request the correction of incorrect data, or their amendment in the event of a change.
Our clients may, at any time, by letter addressed to RE/MAX Hungary — the exclusive Hungarian owner of the Franchise right (HT Estates Kft., 1053 Budapest, Ferenciek tere 3.) — and sent to that address, or by letter sent to the info@remax.hu e-mail address, prohibit any further use of their personal data for a purpose for which the legal basis of the processing was their voluntary consent.
Our clients are entitled to prohibit the sending of further newsletters and offers by clicking the unsubscribe link at the bottom of the newsletters and offers we send out. Please note that if our client wishes to prohibit the sending of further e-mail newsletters, offers or other enquiries, they must unsubscribe in respect of every e-mail address they have provided.
VII. The client's obligations
The Franchise Partner of the RE/MAX Franchise Network that is in an engagement agreement with the client is required, under the provisions of the Pmt., to request the client to present a document proving their identity for the purpose of verifying their identity, to verify the validity of that document, and to make a copy of the document.
The Franchise Partner of the RE/MAX Franchise Network that is in an engagement agreement with the client is further required, under the provisions of the Pmt., to ensure that the data relating to the business relationship are kept up to date. The client is therefore required, by presenting an official document proving their identity and an official document proving their address, to inform the given Franchise Partner, within five business days of becoming aware of it, of any change in the data previously provided by them.
VIII. Remedies
The client may contact the RE/MAX Franchise Network with any question, observation or complaint relating to the processing of their data, by letter sent to the info@remax.hu e-mail address, or by letter addressed to HT ESTATES Kft. at its registered seat at 1053 Budapest, Ferenciek tere 3.
In the event of a complaint relating to the processing of their data, the client may submit a petition to the National Authority for Data Protection and Freedom of Information (NAIH), or may bring an action before the regional court (törvényszék) competent according to their place of residence (or place of stay).
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