Data processing agreement

 Privacy Policy - VPI Group

This document is an automatic translation provided for reference purposes only ; it has no legal value. The official version is the French version.

The VPI Group, comprised of companies Régie VPI SA, Valorisation de Patrimoine Immobilier, Régie VPI Vaud SA, Valorisation de Patrimoine Immobilier, VPI Courtage SA, VPI Développement SA, and Régie VPGI SA, process personal data in the course of our activities in order to provide our services. This document informs you about how we process your personal data, and we remain at your disposal for any further questions you may have on this matter.

I. Data Processing Controller for VPI Group

VPI Group
Data Processing Controller
Rue Pedro-Meylan 5
1208 Geneva
Email address: lpd@vpi-sa.ch
Contact person: Mr. José Garzon

II. General Information Regarding Data Processing

1. Objectives

The VPI Group, as the data controller, takes the processing of your personal data very seriously. We collect and process personal data to fulfill our professional tasks, in accordance with legal and contractual provisions and this Privacy Policy. This document aims to describe how we process personal data, particularly what data we collect and for what purposes. It also informs you about data transmission, retention period, and your rights.

2. Definition of Personal Data and Data Processing

Personal data refers to any information concerning an identified or identifiable natural person. The concept of data processing should be understood in its context and includes any operation related to personal data, regardless of the means and methods used, including collection, storage, use, modification, communication, archiving, or destruction of data.

Typically, this data includes name, email address, phone number, as well as personal information related to contractual relationships maintained with us. Additionally, technical data that can be attributed to a person should be considered personal data (especially cookies, see below).

Your personal data is only processed to fulfill the purposes for which it was collected and then destroyed or anonymized when it is no longer necessary for the purposes of processing, subject to contrary legal requirements.

Among other things, we process your data in the context of concluding or executing a brokerage contract, lease, sale, property search mandate, property valuation, rental application submission, as a real estate advisor, when applying for a vacant position, or participating in an event, for example.

3. Legal Basis

Articles 5 and following of the Federal Act on Data Protection (LPD) constitute the legal basis for our Privacy Policy. Additionally, for the measures taken, we also refer to the sector-specific recommendations of the industry published by SVIT Switzerland.

Within this framework, we collect personal data transparently and in accordance with the principles of proportionality and purpose. Data is only processed to the extent and for the duration necessary to fulfill our tasks and obligations. We implement appropriate security measures to ensure the necessary security of your personal data and to guarantee confidentiality, integrity, and availability of your data, protecting them against any unauthorized or unlawful processing, and minimizing the risk of loss, accidental alteration, communication, or unauthorized access.

4. Personal data processed and categories

The personal data processed by us include the following data. They may include sensitive data within the meaning of the personal data protection law. Sensitive data are only processed on a case-by-case basis with all due diligence and are not shared with third parties (for example, for extracts from the debt collection register, information on solvency).

However, we may process this data based on other legal grounds; for example, in case of a dispute, for the purposes of potential litigation, or for the execution or defense of claims. Generally and subject to other provisions, we will retain your personal data until they are no longer necessary to provide our services or fulfill the objectives defined in this Policy, unless a legal obligation requires us to retain them longer. In certain circumstances, we may anonymize your personal data so that they can no longer be associated with you, in which case we may use this information without providing you with further notice.4. Objectives of the collection and processing of personal data.

We process personal data that is necessary to ensure the sustainability, security, and reliability of our offerings and services. This includes, in particular, the following objectives:
  • Management and administration of contractual relationships with clients, property owners, tenants, principals, employees, suppliers, etc.;
  • Operation of our websites and application, as well as authentication of registered users for certain parts of our websites;
  • Sending invitations and organizing events;
  • Marketing activities and sending newsletters; Collection and statistical analysis.
Depending on the purpose of data processing, the customer segment, and service areas, we collect different types of personal data, including, in certain circumstances, sensitive data.

For most contacts, counterparts, contractual partners, and clients, we process at least the following personal data :

Name, first name, email address, and, if applicable, gender, address, phone number, title, date of birth, place of origin/nationality, profession, information about the employer, title.

Furthermore, depending on the purpose of data processing, the customer segment, and the service area, we collect and process additional data in accordance with the descriptions set out in the following paragraphs.

In general, we obtain the personal data mentioned in Section III directly from you from the moment you benefit from one of the services. In certain circumstances, data may also be collected directly from third parties who will be indicated to you. Additionally, data may also come from authorities, courts, or third parties, depending on the nature and extent of our services.

We also use publicly accessible information in the media and on the internet to the extent indicated in a specific case (e.g., in the context of an application, when selecting tenants), as well as data related to website usage.

Depending on the type of categories, the processed data can be summarized as follows:

a) When using the website, one of its sub-sites, or linked external sites

When using the website, one of its sub-sites, or linked external sites, we may collect the following personal data:
  • Your identification and contact information (e.g., name, address, phone number, email address, including secondary data) 
  • Customer data (e.g., date of birth, nationality, marital status, profession, title, job description, etc.) Information about the real estate property
  • Other data (e.g., commercial register data, land register data, search criteria, including any information you may share with us or enter on our site)
  • Financial information (e.g., bank details) 
  • Marketing information (e.g., newsletter subscriptions, email alerts)
  • Information regarding the use of our site
  • Technical information transmitted automatically to us or our provider, information related to usage behavior or website settings (e.g., IP address, device type, country of origin, number of clicks on the page, newsletter opening, link clicks, etc.)
In parallel, when you visit our site, we may automatically collect analytical data regarding user behavior on our website or, for example, upon receiving the newsletter/SMS.

Furthermore, on our website, we collect the necessary information when you subscribe to a newsletter, register for an event, estimate your property, fill out a contact form, or use any of our various services. We process this data as part of safeguarding legitimate interests to enhance our quality, analyze data, or promote our services.

b) When you entrust us with the management or sale of your real estate property.

When you entrust us with the management, appraisal, or valuation of your real estate property, or the development of a real estate project, or a brokerage mandate, we may collect the following personal data :
  • Your identification information (full name, company name, ID card, passport, type of residence permit, place and date of birth, residence or establishment certificate, identification card) 
  • Your contact details (postal and email address, phone number)
  • Your bank or postal details
  • Your family and personal situation (including marital status)
  • Information about the real estate property (object category, technical data of the real estate property, price, condominium regulations, accounting, minutes of general meetings, etc.)
These personal data are collected for the purpose of identifying you, communicating with you, and managing or advising you on your real estate property. Personal data stored in the context of advisory, management, and brokerage mandates are retained for ten years after the conclusion of said mandate. We reserve the right to anonymize retention.

During the marketing process, personal data of sellers, potential buyers, and buyers are stored as long as the process requires (e.g., identification information, contact details, family and personal situation, financial situation, bank details, information related to the real estate property, any other information spontaneously provided). This personal data is collected for the purpose of identifying you, communicating with you, and selling the real estate property or proposing a real estate property corresponding to your expectations. Personal data of sellers and buyers, as well as documents related to the process, are retained for a period of ten years (claim period and SIA prescription period). All personal data of potential buyers is deleted once the marketing process is completed, unless the individual has given consent for the use of their personal data for future marketing processes. We reserve the right to anonymize retention.

c) When you are tenants or searching for a property to rent.

When you are tenants or searching for a property to rent, especially when you submit a rental application form digitally or on paper, or upon signing a lease agreement, we may collect the following personal data :
  • Your identification information (full name, company name, ID card, passport, type of residence permit, place and date of birth, residence or establishment certificate, identification card)
  • Your contact details (postal and email address, phone number)
  • Your family and personal situation (marital status, number of children, existence of guardianship or trusteeship, number and type of vehicles, number and gender of pets, name of your household insurance, your current manager, guarantor, your current rent as well as your reason for moving)
  • Your financial situation (your profession, your employer, your net monthly income, your latest pay slips, an official extract concerning you from the Debt Enforcement Office) 
  • Your bank or postal details
  • Information about the desired real estate property or your search criteria (price, features, areas, down payment, mortgage lender, loan amount, certificates, easements, sales notice, condominium regulations, etc.)
  • Any other information indicated on the form or communicated spontaneously
This personal data is collected for the purpose of identifying you, communicating with you, proposing a real estate property corresponding to your expectations, managing your lease agreement, ensuring your right to reside in Switzerland, ensuring your solvency, and proposing solutions that meet your needs. They are processed based on the concluded or to be concluded contract.

During the rental process, we inform the individuals concerned that we collect personal data from third parties (including commercial information). We appropriately inform the individuals concerned about the sources of this externally collected personal data. Once the rental process is completed, the personal data of potential tenants is deleted if the process does not result in a rental or if the individual concerned does not authorize the use of their personal data for a future rental process.

Personal data collected before the LPD comes into force in the context of ongoing rental mandates and lease agreements are processed in accordance with this Policy and deleted when no longer necessary to provide our services.
Lease agreements and the related personal data are retained, according to the general prescription period principle (Art. 127 CO), for ten years after the last contractual service (usually, the settlement of charges or after the refund of the security deposit).

d) When you participate in events that we organize

We collect personal data for the purpose of organizing and conducting the event, and, if applicable, to provide you with additional information. We also use your information to inform you about other events. It is possible that during these events we may take photos of you or film you, and that we publish these images internally or externally. We process this data as part of safeguarding legitimate interests, such as event management, customer segmentation, dissemination of information about our events, organizational quality, or marketing campaigns.
  • This includes, but is not limited to, the following information :
  • Your full name, postal and email address, the name of your company, and your phone numbers
  • Personal information (such as your profession, position, title, employer, or company)
  • Photos or videos  
5. Your Rights  

Any individual can request information about the data processed concerning them, as well as about the origin, recipient, and purpose of the collection and processing of the data. Additionally, you have the right to request rectification, blocking, or erasure of your data. Pursuant to Article 28(1) LPD, any individual has the right to request us to provide them with the personal data they have communicated to us in a common electronic format. Data retained under legal provisions or necessary for business management respectively must not be deleted. If the data is not subject to a legal archiving obligation or our predominant interest in retention, we will delete your data upon your request.

Starting from the second information request within 12 months, we may demand remuneration covering expenses (maximum CHF 300, in accordance with Article 19 OPDo).

For inquiries concerning a specific person, requests for rectification, or deletion requests, a copy of the identity card or passport allowing identification of the user must also be provided. The identity document will be deleted after the identity of the requester has been verified. Additionally, you may enforce your rights in court or file a complaint with the competent data protection authority.

6. Collaboration with Third Parties – Transmission and Transfer Abroad

We transmit your data to third parties if you have consented to it, or only if it is necessary to provide our services, if these third parties provide us with a service, if we are obliged by law or authorities, or if we have a predominant interest in the transmission of personal data (commercial intelligence companies within the framework of credit checks, for example), as well as to other third parties when the defense of our legitimate interests or those of third parties requires it.

Your personal data will primarily be processed in Switzerland but may also be processed in other countries, particularly in Europe or the United States (e.g., Google Analytics), if the execution of your contract requires it or if we subcontract services to one or more foreign provider(s). These companies and providers are subject to the same data protection requirements as we are. We will comply with applicable rules and adopt all necessary measures prior to transmitting personal data abroad.

The following categories of recipients may receive personal data from us: 
  • Service providers (e.g., IT service companies, hosting providers, suppliers, consultants, lawyers, insurance companies; maintenance service, companies mandated in the execution of works, management of requests and damage notification, advertising services);
  • Third parties depending on the requested services (e.g., property owners when you wish to acquire a real estate property or when you wish to rent a real estate property, potential buyers when you entrust us with a brokerage mandate);
  • Third parties within the scope of our legal or contractual obligations, authorities (including audit supervisory authorities or tax authorities), governmental institutions, courts.
The third parties we mandate have contractually committed to respecting data protection and to processing data only for the purposes we have indicated to them. We also allow certain third parties (who provide us with services, for example, tool providers on our website, etc.) to collect your personal data, for example, on our website, our application, and during events we organize. When we have no control over these data collections, these third parties are independent data controllers. If you have any questions or wish to exercise your data protection rights regarding these third parties, we invite you to contact them directly. The information you have provided to us may also be anonymized and transmitted to third parties for statistical analysis purposes.

7. Customer Account and Digital User

We offer certain services through a personal client/user account. When you create an account, your data is processed to contact you in relation to our services and to improve them. A personal client/user account can be deleted at any time. Personal data will be removed from our databases within three months following the request of the client or user. We reserve the right to anonymize data.

8. Newsletter and Online Registration on the VPI Group Website

We provide the opportunity to subscribe on our website to receive information electronically. The data requested upon registration is used to personalize the information and offers sent to you and better tailor them to your interests. Upon registration, you authorize us to regularly send you newsletters. There is an unsubscribe link at the bottom of each newsletter through which you can unsubscribe at any time.

9. Contact Form

On our website, we provide a contact form. When you use this form, in addition to your contact details and the content of the message, we also process the documents and images you have uploaded. Providing this data is necessary to process and respond to your request; without it, we could not do so or could do so only in a limited manner. The collected data includes all the information you provide us when filling out the form, including identification information, contact details, information about the subject of your interest, and any other information provided spontaneously. Personal data collected via digital contact forms is deleted within one month. Further contact is made via email (see above), phone, or in-person contact.

10. Data Protection Measures

We place great importance on data protection. We take appropriate technical and organizational security measures to protect personal data against unauthorized access and misuse. These measures include computer and network security solutions, access restrictions, encryption of data storage and transmission, instructions, training, and controls. If third parties have access to our data, special measures are taken in subcontracting contracts to ensure data protection at all times.

11. Use of Cookies, Tracking and Analysis Tools, and Third-Party Integrations

Cookies help make your visit to our website simpler, more enjoyable, and more useful, and they ensure functionality; they may also be used to offer you ads based on your interests. Cookies are files containing information that the internet browser automatically stores on your computer's hard drive when you visit our website. Our digital offerings can generally be used even without cookies ; however, some functionalities may be limited.

When you use our website, the cookies we use may collect and store usage data such as your device's IP address, pages viewed, browser used, date, time, etc. In principle, this data does not allow for your identification unless you are logged into your user account. For example, we use cookies to recognize you after your first visit to our websites. In principle, it is not you as the user who is identified, but only the computer, mobile device, or browser used. We also use cookies to determine who has viewed our offerings and to deduce how often certain pages or offerings are viewed, which parts of the websites are particularly popular, and how they are generally used. We use other cookies to allow you to navigate freely and use its features, such as accessing protected areas, smoothly navigating between different pages, and saving your preferences. The use of cookies also enables us to utilize the choices you have made or the decisions you have taken as settings to make your visit more enjoyable on our websites. Overall, the use of cookies is aimed at improving our services, making them more efficient and secure. Cookies also help collect information to offer you ads that may interest you. Finally, our cookies help select online ads that are more in line with your potential interests, thereby avoiding the display of ads that may not interest you much. You can decide at any time whether or not to benefit from targeted ads tailored to your potential interests.

Most internet browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or so that you are always informed when you receive a new cookie (please refer to the corresponding settings in your browser). You can also delete cookies from your computer or mobile device using your browser's corresponding function. Most of the cookies we use are temporary session cookies, which are automatically deleted from the computer or mobile device at the end of the browsing session. However, we also use permanent cookies. These remain stored on the computer or mobile device after the end of the browsing session. We may include on our websites computer applications from third parties (cookies, plug-ins) that allow you to share content with other people or make your visit or opinion on content from our websites known to those other people. The issuance and use of cookies by third parties are subject to the privacy policies of those third parties. These cookies and plug-ins are not under our control. Please refer to the respective social media privacy policies to understand how their cookies work.

12. Social Networks

On our websites, we refer to our respective social media networks via links (e.g., LinkedIn and Facebook). This is solely a static reference to the respective channel. When you connect to our social media networks, communicate with us, or comment on our content, we process this data and receive information from the platforms that is recorded in your profile (contact information) and any information about the profiles of your friends. These platforms also analyze your use of our online presences and combine this data with other data they have about you (e.g., behavioral and preference data). They also process this data for their own purposes, including for marketing and market research purposes (e.g., to personalize advertising) and to manage their platforms (e.g., what content they show you), and for this purpose, they act as independent data controllers. You will find the purpose and scope of data collection and the subsequent processing of your data by the providers, as well as your rights in this regard and the settings options to protect your privacy, in the data protection information of the providers.

13. Use of Technologies Similar to Cookies

We employ various techniques on our website that allow us – and third parties we engage – to recognize you during your use of our website, and potentially track you across multiple visits. These technologies can be used to identify you with a certain probability (i.e., distinguish you from other users), such as "fingerprints." Fingerprints correlate your IP address, the browser you use, screen resolution, language settings, and other information your system communicates to each server, thus creating a more or less unique fingerprint. This makes it possible to do without cookies. Each time you access a server (for example, when using a website or application, or when an email includes a visible or invisible image), your visits can be "tracked." If we integrate offers from an advertising partner or an analytics tool provider on our website, they may track you in the same way, even if you cannot be identified in the particular case.

We use these technologies on our website and may also allow certain third parties to do so. Depending on the purpose of these technologies, we may collect your consent before using them. You can access your current settings directly on our website. You can also configure your browser to block or spoof certain types of cookies or alternative technologies, or to delete existing cookies. You can also add software to your browser to block certain third-party tracking. Further information can be found on your browser's help pages (usually with the keyword "data protection") or on the websites of the third parties listed below.

We currently use offers from the following service providers and advertising partners (when they use data about you or cookies placed on your computer for advertising purposes): Google Analytics: Google Ireland Ltd. (Located in Ireland) is the provider of the "Google Analytics" service and acts as our data processor. Google Ireland engages Google LLC (located in the United States) as a sub-processor (both referred to as "Google"). Google collects information about the behavior of visitors to our website (duration, pages viewed, geographic region of access, etc.) through performance cookies (see above) and, based on this, creates reports for us on the use of our website. While we may assume that the information we share with Google does not constitute personal data for Google, it is possible that Google may be able to draw conclusions about the identity of visitors from the data collected, create personal profiles, and associate this data with the Google accounts of these individuals for its own purposes. In any case, if you consent to the use of Google Analytics, you expressly agree to such processing, including the transfer of your personal data (especially regarding website and app usage, device information, and unique identifiers) to the United States and other countries.

III. Amendment of our Data Protection Statement

We may adapt our data protection statement at any time by publishing it on our websites. In the event of a modification of this data protection statement, the latest available version applies.

IV. Jurisdiction and Applicable Law

The Policy and all matters arising from or related to it, as well as the use of the websites and services, are governed by Swiss law, excluding rules on conflict of laws. The legal venue is in Geneva.

Last modified on January 1, 2024