Charter for the protection of personal data

1. Preamble

OLOA (Holidays) Ltd (hereafter "BARNES Mauritius") attaches great importance to the protection and respect of your private life and your personal data (hereafter "Personal Data" or "Personal Information").

BARNES Mauritius undertakes to implement adequate measures for the protection, confidentiality and security of Personal Data in accordance with the regulations in force in France and in the European Union, in particular the General Regulation on the Protection of Personal Data EU 2016/679 of 27 April 2016 and the rules of national law taken for its application.

The purpose of this "Personal Data Protection Charter" (hereinafter the "Charter") is to inform all natural persons concerned (hereinafter referred to as "You" or "Your/Yours") about the way in which BARNES Mauritius collects, uses and discloses Personal Data and about the means available to You to exercise your rights with regard to this information.

Consequently, BARNES Mauritius invites you to read this Charter carefully in order to know and understand the processing of Personal Data.

With its recognized know-how in the sale and rental of residential properties, BARNES Mauritius has divided its expertise into different departments, each providing a personalized response to your requirements.

In any case, we are committed to respecting the following two (2) essential principles:

You remain in control of your personal data;
Your data is processed in a transparent, fair, confidential and secure manner.

2. Identity of the data controller

2.1 BARNES Mauritius as data controller

OLOA (Holidays) Ltd, a company with its registered office at Coastal Rd,La Residence Beach Apartments ,1305-04, registered with the Mauritius Department of Companies and Enterprises under number C17152041, shall have the status of data controller for all processing operations relating to the services provided via the website "www.barnes-mauritius.com" (hereinafter the "Website") as well as via its agencies and agents (hereinafter collectively the "Services").

Via the www.barnes-mauritius.com website:

Cookie management
Management of information requests via the contact form
Management of newsletter subscriptions
Management of requests for estimates in video

Via the services provided by agencies and their authorized agents:
- Management of the communication
- Management of real estate properties
- Management of client files.

2.2 BARNES Mauritius as co-processor

Because of its special status as an exclusive licensee of BARNES INTERNATIONAL REALTY, OLOA (Holidays) Ltd will be co-manager with various actors for the following processing operations:

Prospecting.
Deposit of cookies and other tracers on the terminal of website users: co-responsibility with social networks (Facebook, LinkedIn, Instagram, Youtube), search engines (Google) and geolocation tools (Google Maps). For more information, please consult article 10 and our Cookie Policy.

This Charter concerns the processing of data by BARNES Mauritius in its capacity as data controller or joint data controller.

3. Contact details for our Data Protection Officer

Our Data Protection Officer (hereinafter referred to as "DPO") is available to answer all requests, including requests to exercise rights, relating to your personal data.

You can contact him:

Either by email at the following address: dpo@nobily.fr
Or by mail at:

BARNES Mauritius
ATTN DPO,
B45 Royal Road, Grand Baie, 30510 Maurice

4. Collection & origin of data

In the context of providing the Services, BARNES Mauritius collects and processes personal data concerning you. This data may come directly from you, or may have been collected from other partners involved in the processing operations (banking institutions, notary chosen for the sale, agents with whom you are in contact, BARNES SAS etc.).

In all cases, you are informed of the purposes for which your data is collected by us via the various online data collection forms, emails sent to you, occasional notifications or even via our Cookies Policy.

Your personal data collected by BARNES Mauritius is processed in accordance with the purposes set out at the time of collection in compliance with the RGPD and the guidelines of the CNIL.

5. Purposes and legal bases for processing

Your various data are collected by BARNES Mauritius to ensure the personalization of our services. You will find below the details of the processing activities of the information that concerns you, from the moment you request information or a video appointment, to the terms of the mission that you mandate us.

5.1 Details of the processing of management of the site's audience measurement

By default, our data processing for site audience measurement is limited to producing anonymous statistical data, essential for the proper functioning of the site. For more information, please see our Cookie Policy.

5.1.1 Legal basis

Our legitimate interest in ensuring the proper functioning of the website constitutes the legal basis for this processing.

5.2 Details of the processing of information requests via the contact form

The purpose of the operations relating to the management of requests received via the contact form is to receive and follow up on responses to your request.

5.2.1 Legal basis

For this processing, the legitimate interest is considered the legal basis.

5.3 Details of the processing of newsletter subscriptions

When you check the box intended to register to receive, by e-mail, news and offers concerning the services of BARNES Mauritius, OR when you send us your e-mail address by voluntarily entering it on the dedicated form, we consider that you consent to receive our newsletters. We consider you as a prospect.

5.3.1 Legal basis

For this processing, consent is considered the legal basis.

5.4 Details of customer file management processing

Customer file management operations cover the following objectives:

Profile analysis
Electronic handling requests
Diversification of marketing actions
Sending customer newsletters
Customer invoicing
Customer management: customer file, letters and reminders
Contract management
Management of access, rectification and opposition requests
Invoice management
Management of overdue payments/collections and litigation
Payment management

5.4.1 Legal basis

This processing is necessary for the performance of the services provided for in the mandate concluded or in the process of being concluded between BARNES Mauritius and yourself.

5.5 Details of property management processing

Real estate management operations cover the following objectives:
Assessing the creditworthiness of prospective tenants
Accounting for the management mandate
Calling general meetings
Declaration of property income
Calculation of taxes and related charges
Telematic and electronic management and transactions
Sending reminder letters
Organization of debt collection operations
Preparation of accounting documents required for collection and management of tenant accounts
Negotiation of property transactions
Adjustment of charges
Keeping accounts for interested parties
Tenant account management
Keeping landlord accounts

5.5.1 Legal basis

This processing is necessary for the performance of the services provided for in the mandate concluded or in the process of being concluded between BARNES Mauritius and yourself.

5.6 Customer loyalty management processing details

If you have benefited from our expertise in real estate transactions, we would like to contact you again in the future to offer you the same service or another service directly related to real estate.

5.6.1 Legal basis

Our legitimate interest in allowing you to continue to benefit from our expertise while thanking you for your loyalty constitutes the legal basis for this processing.

6. Processed data

The compulsory or optional nature of the personal data collected and the possible consequences of a failure to reply are indicated at the time of their collection on the associated forms.

You can consult the details of the personal data that we are likely to have on you below.

NB: the details of the information provided below are not intended to be exhaustive and aim above all to inform you about the categories of data that BARNES Mauritius is likely to process.

6.1 For audience measurement management

We process the following measures on our website:

Statistical data (audience measurement, page by page, the list of pages from which a link was followed to request the current page (sometimes called "referrer") whether internal or external to the site, per page and aggregated on a daily basis, the type of terminal, browser and screen size of visitors, per page and aggregated on a daily basis, statistics on page loading times per page and aggregated on an hourly basis, statistics on time spent on each page, bounce rate, scroll depth, per page and aggregated on a daily basis, statistics on user actions (click, selection), per page and aggregated on a daily basis, statistics on the geographical area of origin of requests, per page and aggregated on a daily basis.)

6.2 For the management of information requests via the contact form

Data relating to your identity: title, birth name, surname or married name, first name, telephone number, e-mail address, "private/professional" status
Information relating to the property
Electronic communications (e.g. content of the message sent)

6.3 To subscribe to newsletters

If you have agreed to receive newsletters by checking the box below the contact form
1. Data relating to your identity: Civil status, birth name, surname or married name, first name, telephone number, e-mail, "private/professional" status
2. Information about the property
If you have actively expressed your wish to receive the newsletters, via the dedicated form:
1. Data relating to your identity: e-mail

6.4 For the management of customer files

Data related to your identity: Marital status, ID card number, Place of birth, Current employer, Socio-professional category, First name, File number, Civil status, Customary name or spouse's name, Birth name, Personal address, Comments on the person, Date of birth, Personal e-mail, Nationality, Passport number, Driver's license number, Passport, Sex, Private landline telephone, Private mobile telephone, City, Visas, Age, Profession or job held
Data related to your professional life: Profession or job, Professional e-mail, Professional telephone number.
Financial data: Income assessment, Assets (land, real estate, accounts and investments...), Name of the lending institution, Loan repayment, Economic and financial situation
Information concerning the service: Discounts granted to the customer, Person(s) in charge of the customer relationship, Goods purchased by the customer, Transaction number, Details of the good or service subscribed by the customer, Origin of the sale (seller, partner, affiliate) or of the order

6.5 For the management of real estate

Information required for property administration, management and real estate transactions: (e.g., classification of the property, internal identification code, insurance company for the property, composition of the tenant or prospective tenant household, details of the tenant or prospective tenant's employer, etc.) Classification of the dwelling, Internal processing code allowing identification, Insurance company of the dwelling, Composition of the tenant household or tenant applicants, Contact details of the tenant employer or tenant applicants, Contact details of the agent or manager of the dwelling, Date of entry into and departure from the dwelling, Details of the goods and services provided, Identity of the applicant for rent or his guarantor, Identity of the applicant for purchase, Identity of the co-owner or landlord, Identity of the tenant, Nature and amount of charges for the property, Nature and amount of maintenance and improvement work, Property identification number, Resources of guarantors, Resources of the tenant or tenant applicant, Family status of the tenant or tenant applicant, Employment status of the tenant or tenant applicant, Housing status (owner or tenant), Type/characteristics of the current property or properties.

6.6 For the management of the communication

Information exchanged via communication by means of exchanges and comments from customers and prospects, Correspondence with the sales representative,Date of subscription to the newsletter, Date of request to unsubscribe from the newsletter, Opening of the newsletter, Promotion, Requests for documentation customers prospects, Prospecting.

6.7 For the management of customer loyalty

Data relating to your identity: Last name or married name, First name, Personal address, Personal e-mail, Private cell phone, Private fixed phone.
Data relating to your professional life: Profession or job held, Professional e-mail, Professional telephone number.
Data relating to former services
Information contained in the commercial communication via exchanges and comments from customers and prospects and via your requests for documentation as a customer or prospect.

7. Recipients of your data

Within the limits of their respective attributions and for the purposes mentioned in article 6, the main persons who are likely to have access to your data are the following

according to the purposes, the authorized personnel of our marketing, sales, administrative, logistic, legal and IT departments;
The authorized personnel of our subcontractors;

Certain categories of subcontractors have access to the data collected:

The website development provider.
The web marketing and SEO provider
The provider of automation and email marketing.
The real estate software publisher
The real estate administrator software publisher
The management software provider
The cloudcomputing and storage provider.

For any additional information on our subcontractors, you can send a request for additional information to our Data Protection Officer by email at dpo@nobily.fr.

Other organizations that may have access to your data are

Financial organizations (banks...) and supervisory bodies;
If necessary, the courts concerned, mediators, chartered accountants, auditors, lawyers, bailiffs, debt collection companies;
Third parties likely to place cookies on your terminals (computers, tablets, cell phones...) when you consent to them (For more details, see article 10 and our Cookie Policy);

Your personal data is not communicated, exchanged, sold or rented without your prior express consent in accordance with the applicable legal and regulatory provisions.

8. Transfer of data outside the European Union

In some cases, your personal information will be stored on servers located outside the EEA.

This is particularly the case when we transfer information to some of our subcontractors located in the United States. We have ensured that standard contractual clauses approved by the European Union Commission are in place to contractualize the security obligations and measures required by the GDPR, as set forth in its Article 46.

You may request access to documents ensuring appropriate contractual guarantees by making a request to our Data Protection Officer by email at dpo@nobily.fr.

9. Duration of data retention

We keep your data only for the time necessary for the purposes pursued, as described in Article 4 of this Charter.

9.1 For the management of audience measurement of the site

The data collected for this treatment will be kept for 13 months.

9.2 For the management of information requests via the contact form

Since most prestigious real estate projects can take up to 4 years to materialize, we allow ourselves to keep your information requests for a maximum of 4 years.

9.3 For newsletter subscription management

Since most prestigious real estate projects can take up to 4 years to materialize, we allow ourselves to keep your requests for information for a maximum of 4 years, unless you withdraw your consent before this period.

9.4 For the management of customer files

Information relating to the provision of services to you as a customer is kept for up to 8 years after the end of the business relationship.

9.5 For property management

Your information collected in connection with the purchase or sale of a property is retained for up to 10 years after the contractual documents are signed.

9.6 For communication management

The data used for communication management is kept for up to 2 years from the last contact.

9.7 For customer loyalty management

Given the fact that you may want to renew your real estate project in the future and the infrequent recurrence of the need for our expertise in this area, we consider that the need will arise no later than 8 years after your last project. We would therefore like to be able to contact you again within a maximum of 8 years from your previous transaction with us.

10. Connection data and cookies

For the proper functioning of the BARNES Mauritius website and services, we use connection data (date, time, Internet address, protocol of the visitor's computer, page consulted) and cookies (small files saved on your computer) that allow us to identify you, to memorize your consultations, and to benefit from measurements and statistics of the audience, in particular relating to the pages consulted.

In this sense, BARNES Mauritius has set up a cookie policy manager to inform you more specifically about their use.

By browsing our site, you accept that BARNES Mauritius installs this type of so-called "technical" cookies, whose sole purpose is to allow or facilitate electronic communication between your terminal equipment and our site, by facilitating the management and browsing of the site.

Our access to the information stored in your terminal equipment or the registration of information in the latter will therefore only take place in the following cases:

To enable or facilitate communication by electronic means;
When necessary to provide our online appointment service at your express request.

If the browser allows it, you can deactivate these cookies at any time by following the procedure indicated by the browser. However, BARNES Mauritius informs you that such deactivation may result in slowing down and/or disrupting access to the website.

11. Minors

The Services and the BARNES Mauritius website are not intended for minors. BARNES Mauritius does not voluntarily collect personal data from minors under the age of 15.

12. Social media

When browsing the BARNES Mauritius website, you have the option of clicking on the icons dedicated to the social media Twitter, Facebook, Instagram and LinkedIn on our site.

Social networks help to improve the user-friendliness of the website, and help to promote it through sharing.

When you use these buttons, BARNES Mauritius may have access to personal information that you have indicated as public and accessible from their Instagram, Facebook and LinkedIn profiles. However, BARNES Mauritius does not create or use any database independent of Facebook, Instagram and LinkedIn and does not exploit any of your privacy data through these means.

In order to limit access by third parties to your personal information on Facebook, LinkedIn or Instagram, we invite you to set up your profiles and/or the nature of your publications via the dedicated spaces on social media in order to limit the audience.

13. Security

BARNES Mauritius complies with the RGPD and the French Data Protection Act regarding the security and confidentiality of your data.

We implement all the technical and organizational measures necessary to ensure the security of our personal data processing and the confidentiality of the data we collect.

In this respect, we take all the necessary precautions, with regard to the nature of the data and the risks presented by the processing, to preserve its security and, in particular, to prevent the data from being deformed, damaged or accessed by unauthorized third parties (physical protection of the premises, authentication procedures for persons accessing the data with personal and secure access via confidential identifiers and passwords, secure https protocol, logging and traceability of connections to the software deployed in-house).

14. Rights of individuals

In accordance with the Data Protection Act and the RGPD, you have the following rights:

14.1 Right to information on the processing of Personal Data

BARNES Mauritius undertakes to make every effort to provide concise, transparent and accessible information on the conditions under which users' Personal Data is processed.

14.2 Right of access to Personal Data

Each user has the right to access the Personal Data processed by BARNES Mauritius and to receive a copy in electronic form (for any additional copy, BARNES Mauritius will be entitled to demand payment of a fee based on the administrative costs incurred).

14.3 Right to erase ("right to be forgotten") and rectify Personal Data

Each user has the right to request the deletion and/or rectification of his or her Personal Data if it is erroneous or obsolete.

It is specified that BARNES Mauritius may retain certain Personal Data when required by law or for legitimate reasons.

14.4 Right of opposition

Users may object at any time, for legitimate reasons, to

the use of their Personal Data for direct marketing purposes or
to the re-use of their Personal Data for purposes other than those consented to, except in the case of the execution by BARNES Mauritius of one of its legal obligations.

14.5 Right to limit the processing of Personal Data

Users have the right to request that the processing carried out on their Personal Data be limited to what is necessary. This right is applicable only :

if the user disputes the accuracy of his/her Personal Data;
if the user can establish that the processing of his/her Personal Data is unlawful and requests a limitation of their use rather than their deletion;
if BARNES Mauritius no longer needs the user's Personal Data but it is still necessary for the user to establish, exercise or defend legal rights;
if the user objects to the processing based on the legitimate interest of the data controller, during the verification as to whether the legitimate reasons pursued by the data controller prevail over those of the user.

14.6 Right of complaint to a supervisory authority

If users consider that the efforts made by BARNES Mauritius to preserve the confidentiality of Personal Data do not guarantee the respect of their rights, they have the possibility of lodging a complaint with the competent supervisory authority (CNIL or any other authority mentioned on the list available from the European Commission).

14.7 Right to portability of Personal Data

Users have a right to the portability of their data, entitling them to obtain from BARNES Mauritius their Personal Data in a structured, commonly used and machine-readable format and to request that this Personal Data be transmitted to another data controller.

14.8 Right to decide what to do with Personal Data after death

Users also have the right to organize the fate of their Personal Data after their death by adopting general or specific directives which BARNES Mauritius undertakes to respect.

In the absence of such directives, BARNES Mauritius recognizes the possibility for heirs to exercise certain rights, in particular the right of access if it is necessary for the settlement of the deceased's estate and the right of opposition.

You can exercise your rights by sending an e-mail to dpo@nobily.fr.

15. Modification of the personal data protection charter

BARNES Mauritius reserves the right to modify the present Personal Data Protection Charter at any time in order to comply with legislative and regulatory changes and/or to improve its policy on the processing and protection of Personal Data.

In case of modification, a new version will be updated and put online with the date of "Last update".

16. Applicable law and competent court

The present Charter is subjected to the French law, including the provisions applicable to the rules of private international law.

IN THE ABSENCE OF AMICABLE AGREEMENT, JURISDICTION IS GIVEN TO THE COURTS OF THE JURISDICTION OF THE COURT OF APPEAL OF PARIS NOTWITHSTANDING PLURALITY OF DEFENDANTS AND/OR CALL IN GUARANTEE TO KNOW ANY LITIGATION RELATING TO THE INTERPRETATION OF THE PRESENT CHARTER.