[I] General Items
SIA “MERKS”, registration number LV40003304295 (hereinafter referred to as MERKS) is one of the largest construction companies and the leading developer of real estate in Latvia. One of the operational directions of MERKS is construction and sale of housing. Desires and needs of each customer is determined during the sales process; solutions required for the customer are sought; sales transactions of immovable property are made. During these processes, MERKS obtains and processes data of natural persons.
When processing the personal data as the Controller, MERKS complies with the requirements of the General Data Protection Regulation of the European Union and of the Parliament No. 2016/679 (hereinafter referred to as the Regulation), as well as requirements of other regulatory enactments effective in Latvia.
Contact information of the Controller: Riga, Rūpniecības street 25-97, Latvia, LV-1045, E-mail: firstname.lastname@example.org, telephone: +371 67373380.
[II] Stages and Purposes of Personal Data Processing
MERKS mostly obtains personal data on the basis of information provided by a customer (natural person) or its authorised person about themselves. MERKS processes personal data of the customers for the following purposes:
- marketing for the purposes of apartment sale and keeping records of the potential customers;
- initiating the process of concluding a real estate transaction (concluding a deposit and purchase agreement);
- storage of proof to transfer of ownership obtained as a result of real estate sale transaction and payment obligations;
- records of obligation fulfilment and accounting;
- communication with the Purchaser for execution of the apartment sale transaction, including elimination of discrepancies during the warranty period in case of application.
[III] Legal Basis for Personal Data Processing
MERKS processes personal data on the following legal basis:
- Consent of the data subject
- For the purposes of concluding contract or performance of the contract
- Performance of a legal obligation determined by a regulatory enactment
- Securing legitimate interests of MERKS
[IV] The Right to Withdraw the Consent of Data Subject
If processing of the personal data has been initiated and takes place in accordance with the consent of a data subject, data subject shall have the right to withdraw it.
If the customer has expressed the wish to receive information regarding any real estate available for purchase, MERKS shall process the customer’s name, telephone number and e-mail address on the basis of consent from the data subject. This data is used while the customer does not refuse from receipt of offers, but not later than within twenty-four (24) months if the customer does not show the desire to be acquainted with the provided offer in more detail after receipt of offers from MERKS.
If the customer has agreed to receiving the advertising, he/she can withdraw from it by sending refusal to MERKS e-mail address: email@example.com with a reference: “REFUSAL FROM RECEIVING NEWS”.
Withdrawal of the consent shall not affect data processing performed while the Customer’s consent was valid. Such data processing cannot be stopped by withdrawing the consent that is based on other legal basis.
[V] Retention Period of the Personal Data
MERKS shall store the personal data in accordance with the defined purposes of data processing and legal basis for personal data processing while at least one of the following criteria exists:
- MERKS has a legal obligation to retain the data;
- MERKS has a necessity to implement its legitimate interests;
- MERKS has a necessity to fulfil the undertaken contractual obligations;
- there is a valid consent of a data subject for the respective processing of personal data.
[VI] Recipients of MERKS Customer’s Personal Data
Personal data of MERKS customer in relation to fulfilment of this Contract may be accessible to MERKS employees, processors, manager of the residential house, subcontractors, cooperation partners, credit institutions, valuers of real estate. In cases set out in the law MERKS may transfer information to the third parties, for example, to notary public, land register, tax and consumer rights protection institutions.
MERKS can also use services in order to ensure more effective performance of functions.
Personal data shall not be transferred to the third parties.
[VII] Rights of MERKS Customer to Access Their Personal Data; Other Rights of a Data Subject
In order to receive information regarding personal data or to implement other rights of the data subject, data subject shall optionally submit:
a written and signed application that is addressed to MERKS, Rūpniecības street 25-97, LV-1045 or,
application that has been signed by a secure electronic signature and has been addressed to MERKS and sent to the e-mail address: firstname.lastname@example.org.
MERKS shall contact the data subject by using the contact information provided by data subject (telephone number, e-mail address, address (reply shall be sent as a registered postal consignment sent to the postal address specified in the application). Response can also be received in person at MERKS office (by presenting an identification document).
In separate cases the data subject shall have the right to request deletion of personal data, restriction of personal data processing, to object against personal data processing, to request correction of the personal data in accordance with the provisions of the Regulation.
Contact person in matters of personal data processing may be reached by e-mail: email@example.com.
If you believe that your right to the protection of personal data has been infringed, you may submit a complaint to the personal data supervisory authority according to your permanent residence.
The document shall be effective as of 1 January 2019.
MERKS shall be entitled to make changes at any time by publishing it on the website www.merks.lv.