Politique de confidentialité - Protection des données personnelles

1. Overview

This Privacy Policy (hereinafter: the “Policy”) details how real estate agency Pilet & Renaud SA (hereinafter “The Company”, “We” or “Us”) handles the personal information which has been shared by you, or which has been obtained from other sources or third parties and which may concern you in any way. This includes the different ways in which you interact with Us, including in person, by email, over the phone, through our software application or through our website (hereinafter: the “Site”).



“Personal Information” refers to any details relating to an identified or identifiable natural or legal person, directly or indirectly.

2. Contact details for the party responsible for the handling of your Personal Information

The Company is responsible for the handling of Personal Information referred to in this Policy. Its headquarters are in Geneva, and the Company can be contacted by email at the following address: data@pilet-renaud.ch



The Company’s main activities include the purchasing, sale, management, administration, surveying, valuation, development and leasing of real estate, the provision of consultancy and referral services within these various fields, and access to its Site (hereinafter the “Services”).



Please read the following document carefully, as it details the justification for both the collection and handling of your Personal Information by the Company. However, should you have any further requests, please do not hesitate to get in touch.

3. Personal Information collected

3.1 In general

You will find below the different types of Personal Information that we collect, depending on the Services provided to you by the Company. 

3.2 When contacting the Company

Whenever you contact or communicate with Us (e.g. by email, letter, over the phone or in person at the Company), We may collect any Personal Information that you provide to us. This Personal Information may include your first name, surname, the details of your request, the property concerned, your postal and email addresses and your telephone number(s). It should be noted here that this is not an exhaustive list.



This Personal Information is collected for the purposes of providing you with our Services. The handling of this Personal Information is necessary and justified for the purposes of signing agreements and for the execution of signed agreements.

3.3 When using the Site

Whenever you use the Site, We may collect the following Personal Information:

• your full name, postal and email addresses, your company name and your telephone numbers;
• information about the use of the Site, including any information that you share with Us or that you enter on the Site;
• technical information, including the IP (Internet Protocol) address used to connect your computer to the internet, the type of mobile device you are using, a unique device ID (e.g. your phone’s IMEI number, your network’s MAC address or the mobile phone number used by the device), as well as location and browsing data.


 

This Personal Information is also collected by cookies and similar technologies, the use of which is governed by section 6 of this Policy. 


 

The collection of technical information is based on our legitimate interest to provide you with the best experience on our Site, and to track your preferences for any offers in relation to the Services that we provide. With regard to any additional Personal Information, this may be handled with your consent.

3.4 When subscribing to our newsletter

If you sign up to receive our newsletter, we will ask you for your email address, first name and surname. We may ask you for additional information, but this will be optional. We collect this Personal Information in order to personalise the information and offers sent to you, and to ensure that all materials sent are in line with your interests.



When you sign up, you give Us permission to hold your Personal Information for the purposes of regularly sending newsletters to you. This permission is equivalent to your consent, and constitutes the legal basis for handling your Personal Information in this context. If the applicable law does not require consent, the regular sending of newsletters will be justified by our legitimate interest in keeping you informed of our activities and of the Services that we offer.



Should you wish to unsubscribe at any time, however, there is a link at the bottom of every newsletter.

3.5 When using social media

Whenever you authorise a third-party social network (such as Instagram, Facebook, Twitter, YouTube, LinkedIn, Pinterest, etc.) to share your Personal Information with Us, We may collect any Personal Information that you share on that social network publicly, whether it forms part of your public profile, or whether you have given permission to the social network to display it publicly (e.g. your name, email address, gender, profile picture, friends list, username, preferences, etc.). 



The Company will also receive Personal Information about your profile whenever you use a social network feature which is integrated into our Site, whenever you interact with Us through a social network, or whenever you visit Our pages on a social network. We may assume that you have been duly informed of both the terms of use and the Privacy Policy that apply to any social network in question, and of any updates to those materials, both of which remain the sole responsibility of the network in question.



This Personal Information is collected for the purposes of personalising and improving your experience, and in order to inform you of any news or offers which may be of interest to you. This information is handled on the basis of your consent.

3.6 When looking for a property to rent

When you are looking for a property to rent, including when you send Us a rental application form or following the signing of a lease agreement, We may collect the following Personal Information:

• your identification details (full name, your company name, ID number, passport, residence permit type, place and date of birth, nationality, certificate of residence or certificate of settlement from the OCPM or other relevant authority, identity card); 
• your contact details (postal and email addresses, telephone number);
• your personal and family situation (marital status, number of children, legal custody or guardianship details, number and type(s) of vehicle, number and type(s) of animal, name of home insurance provider, details of current residence and landlord, current rental amount, reason for moving home); 
• your financial situation (your role, employer, net monthly income, last three payslips and/or balance sheets, audited profit and loss account and appendices, official statement from the Office of Prosecution and/or Bankruptcies, statement from the RC, any commercial information (e.g. Infocom or PICO)); 
• any other information provided on the form or otherwise communicated voluntarily.


 

This Personal Information is collected for the purposes of identifying and communicating with you, verifying your right to reside in Switzerland, confirming your creditworthiness and ensuring that the property to be rented is suited to your needs. This information is handled on the basis of the signed agreement or the agreement to be signed. You consent to this information being shared with the Company as well as with the owners (or potential representatives) of the property for which you are applying.


 

Following the allocation of a property to you and your signing of a rental agreement, you also consent to your Personal Information and any other necessary information obtained from third parties (e.g. your employer, current landlord, administration, various information agencies etc.) being shared with third parties (e.g. your property owners and potential representatives of theirs, administrative and judicial bodies, external agents, suppliers, computer software etc.).

3.7 When entrusting Us with the management of your property

When you entrust Us with the management, surveying or valuation of your property or the development of a real estate project, We may collect the following Personal Information: 

• your identification details (full name, company name, identity card, passport, type of residence permit, place and date of birth, certificate of residence or certificate of establishment, identity card); 
  your contact details (postal and email addresses, telephone number); 
• your bank or postal details; 
• your family and personal situation (including marital status); 
• details of the real estate (unit type, PPE regulations, land registry details, accounting and minutes from the past three years’ general meetings). 


 

This Personal Information is collected for the purposes of identifying you and communicating with you, and managing your property. The information is handled on the basis of the signed agreement or the agreement to be signed. 

3.8 When entrusting Us with a brokerage mandate

When you contact Us to entrust Us with a brokerage mandate, We may collect the following Personal Information: 

• your identification details (full name, company name, telephone number, date of birth, family register); 
• your family and personal situation (marital status, matrimonial regime, usufruct / right of residence); 
• details about the real estate unit to be subject to the brokerage mandate (selling price, down payment, mortgage provider, loan amount, payment agreement, easements, sales notes, PPE regulations and minutes from past three years’ general meetings). 


 

This Personal Information is collected for the purposes of identifying you, and proposing buyers interested in your property. The information is handled on the basis of the signed agreement or the agreement to be signed. 

3.9 When contacting Us to acquire a property

When you contact Us to acquire a unit of real estate, We may collect the following Personal Information:

 
• your identification details (full name, your company name, background, date of birth, family register); 
• your family and personal situation (marital status, matrimonial regime); 
• details about the property to be purchased (price range, location of real estate desired, purchasing criteria, etc.). 


 

This Personal Information is collected for the purposes of identifying you, and offering you a property that meets your expectations. The information is handled on the basis of the signed agreement or the agreement to be signed. 

4. Personal Information retention period

Any Personal Information collected will be retained for the duration of the signed agreements and then, upon their expiry, for a period of 10 years, or beyond if the circumstances warrant it, especially in the event of any litigation or other legal obligations which require Us to keep them longer. This is a decision that We make on a case-by-case basis, and which is dependent on factors such as the nature of the Personal Information, the reason for its being collected and the legal or operational requirements for retaining it.


In certain circumstances, especially for statistical purposes, We may anonymise your Personal Information so that it may no longer be associated with you. In these cases, We may use such information without further notice.

5. People with whom we share your Personal Information

5.1 Our subcontractors

We may disclose your Personal information to individuals and companies who provide services to Us as subcontractors, including companies mandated to carry out work, as well as providers of market research services, advertising services, IT hosting services, maintenance services and call centre services.



Our subcontractors are subject to confidentiality agreements and may only use your Personal Information in accordance with our instructions and with this Policy.

5.2 Third parties

Your Personal Information may also be shared with the owners or their representatives as well as with potential buyers, for example in the acquisition or rental of real estate.



In addition, your Personal Information may be disclosed to governmental, judicial or administrative authorities, if required by law, in order to protect the rights or legitimate interests of Us, and in some cases those of third parties. It may also be disclosed to other third parties when the defence of our legitimate interests or those of third parties so requires.

6. Types and uses of cookies

6.1 Our cookies

The types of cookie (including those of our subcontractors) that We are likely to use on our Site, and the purposes for which they are implemented, are listed below:

Category 1: Necessary cookies 

These cookies are essential to enable you to navigate our Site and use its functions. Without these cookies, some content on our Site may be inaccessible to you and/or may not work properly.



We use these cookies to enable you to access the Services that We offer on our Site. The Personal Information collected by these cookies is held on the basis of our legitimate interest in the proper functioning of our Site.

Category 2: Performance cookies
 
These cookies gather information about the way in which you or other users use our Site, such as the pages you visit most often, and whether you get error messages from web pages. 



We may use these cookies to maintain the efficiency and usability of our Site and to understand how it is used. Most of the time, these cookies do not collect information that identifies the user.



Should any Personal Information be collected through the use of these cookies, it is handled on the basis of our legitimate interest in understanding and optimising the use of our Site. 



Category 3: Functional cookies

These cookies allow our Site to remember any choices that you have made (such as your username, language or region) and may also be used to provide the Services that you have requested.



We may use these cookies to maintain the efficiency and usability of our Site, and to provide you with a seamless browsing experience.



Any Personal Information collected by these cookies is handled on the basis of our legitimate interest in providing you with a user-friendly Site.



Category 4: Targeting cookies

These cookies are used to provide Us with a better understanding of the users of our Site, which allows the Company to adapt its contents and produce statistics regarding the use of said Site, in accordance with the interest that you have shown in our Services during your visit.



You can reject these cookies at any time through your browser settings. If required by the applicable law, these cookies will only be placed with your consent. Your consent will be tracked through a technical cookie, so if you delete cookies on your device, We will need to ask you again whether you agree to the implementation of said cookies.



Among other audience verification tools, We may use Google Analytics to anonymously track usage and activity on our Site. This is a web analytics service provided by Google LLC (“Google”). It uses cookies to analyse how you use the Site. You can visit https://policies.google.com/technologies/partner-sites?hl=en to find out how your Personal Information is used by Google. You may reject the use of these cookies by downloading and installing the browser plug-in available at https://tools.google.com/dlpage/gaoptout?hl=en. A non-participation cookie will then be activated on your computer to prevent the future collection of your Personal Information. Additional information about the terms of use and privacy policy can be found at https://www.google.com/analytics/terms/en.html or https://policies.google.com/?hl=en&gl=uk.

6.2 Cookies issued by third parties

We may include third-party software applications on our Site which allow you to share content from our Site with others, or to let others know your views or opinions regarding a piece of content on our Site. 



The creation and use of cookies by third parties are subject to the privacy policies of these third parties. These cookies are not under our control. Please refer to the privacy policies of the respective media or social networks to understand how their cookies work. 

7. Overseas transferability

Your Personal Information will be mainly held in Switzerland, but it may also be held in other countries (including in the United States) in order to improve our domestic services. Prior to the overseas transfer of any Personal Information, We will make sure that we comply with the applicable rules and take all necessary measures to protect your Personal Information.



For further details, please do not hesitate to contact us at the following email address: data@pilet-renaud.ch

8. Protection of your Personal Information

We cannot guarantee absolute security of your Personal Information, given that both the storage and electronic transmission of Personal Information carry undeniable risks.



However, in order to better protect your Personal Information, We take security measures in accordance with industry standards. This includes the use of access restrictions and the implementation of appropriate technical and organisational measures to ensure a level of security appropriate to the risks involved.

9. Rights of named individuals

Protective legislation with regard to Personal Information provides you a number of rights. However, these rights may become limited, especially if they infringe upon the rights and freedoms of others. We will notify you of any applicable exceptions once you notify us of your wish to exercise any of these rights and submit a request to us.



These rights include the following:

• right to access: you have the right to know what Personal Information We hold on you and to request, by writing to the address indicated in article 2 above, to see it. We will provide you with this information within one month, but this may be extended if the request is complex or if We are dealing with many requests. We may require proof of identity before disclosing any Personal Information.
• right to information: you have the right to be informed about the ways in which your Personal Information will be used. The objective of this Policy, as well as any additional notifications or information sent to you when We received your contact details, is to provide you with this information.
• right to revoke consent: whenever We handle your Personal Information on the basis of your consent (for example, to send you marketing emails or SMS messages), you may revoke this consent at any time. To do this, please use the contact information provided in section 2 of this Policy.
• right to oppose handling: you also have the right to oppose the handling of your Personal Information whenever We use it in our legitimate interest. In certain cases, and if the applicable law allows for it, you also have the right to request that the handling of your Personal Information be restricted in the event of any conflict regarding its accuracy or legitimate use. To do this, please use the contact information provided in section 2 of this Policy. However it must be stated that, if this right is exercised during a rental application process, we will no longer be able to consider or process the application in question.
• the right to be forgotten: in certain cases, and if the applicable law allows for it, you have the right to have your Personal Information deleted. Please note, however, that if you request to no longer receive marketing materials from us, We will need to retain certain pieces of information to ensure that you will not be contacted in future. 
• the right to rectification: if any Personal Information regarding you appears to be inaccurate, you have the right to request that it be rectified or amended. To do this, please use the contact information provided in section 2 of this Policy.
• the right to the transfer of information: if the applicable law allows it, you have the right to request that your Personal Information be transferred from one service provider to another. This right can only be exercised if the handling of the information is based on your consent, or whenever it is necessary for carrying out the requirements of an agreement.
• the right to file a complaint: if you are not satisfied with the way in which We have processed your Personal Information, you have the right to contact the Federal Data Protection and Information Commissioner (FDPIC) or, if you live within the European Union, the supervisory authority of your country of residence or place of work.

10. Details regarding changes to our privacy policy

This Policy may be updated without notice. We will endeavour to draw your attention to any significant changes, but recommend that you consult it regularly.

11. Jurisdiction and applicable law

The Policy and all matters arising out of or relating to it, and the use of the Site and Services, are governed by Swiss law, to the exclusion of conflict of laws rules.



You agree to the exclusive jurisdiction of the courts of the headquarters of the Company.