Privacy Notice

PRIVACY NOTICE
on data management in relation to the use of the LIVING mobile application and direct marketing activities carried out through it

I. INTRODUCTION

The purpose of this specific privacy notice (the "Notice") is to provide data subjects with transparent and clear information about the processing of data in connection with the use of the LIVING mobile application and direct marketing activities carried out through it, in accordance with the provisions of the General Data Protection Regulation 2016/679/EU (hereinafter: GDPR ).1

Please note that this Notice only provides detailed information on the circumstances of data processing in connection with the use of the LIVING mobile application and direct marketing activities carried out through it.

With regard to the processing of data not mentioned in this Notice, the provisions of the General Data Processing Notice and the specific and individual data processing notices relating to the services and activities concerned shall apply, as well as the General Data Processing Notice available on the website (www.livinghomes.hu) of the data controllers mentioned in point II./a) and also available at their headquarters and business premises. Detailed information on the data processing carried out by the controllers referred to in point II./b) is available on the so-called eHÁZ condominium management system operated by the respective controller.

The LIVING mobile application ensures that its users can optionally use the following services via the LIVING mobile application: the primary purpose of the LIVING mobile application is to serve as a communication channel for contractual communication between the contracting parties for the sale of real estate and to make available the functions of the smart home service. The LIVING mobile application also allows users to be contacted with marketing messages and, once the condominium is established, ensures that certain matters related to the condominium are handled through the LIVING mobile application by the authorised user.

All services available through the LIVING mobile application are accessible without the use of the LIVING mobile application, the LIVING mobile application is only a convenience, so its installation and use is not a condition for accessing the services indicated above, the use of the LIVING mobile application is not mandatory.

II. DATA CONTROLLER

a) (Joint) controllers within the LIVING Group:

(Joint) data controllers belonging to the LIVING Group of Companies:
1) LIVING I. Real Estate Development Investment Fund (registered office: 1095 Budapest, Máriássy utca 7.);
2) LIVING II Real Estate Development Investment Fund (registered office: 1095 Budapest, Máriássy utca 7.);
3) LIVING III Real Estate Development Investment Fund (registered office: 1095 Budapest, Máriássy utca 7.);
4) LIVING IV Real Estate Development Investment Fund (registered office: 1095 Budapest, Máriássy utca 7.);
5) PW3 Ingatlanfejlesztő Korlátolt Felelősségű Társaság (registered office: 1095 Budapest, Máriássy utca 7.);
6) LIVING-Szabolcs Kft. (registered office: 1095 Budapest, Máriássy utca 7.);
7) ParkWest 2 Ltd. (registered office: 1095 Budapest, Máriássy utca 7.);
8) V45 Ltd. (registered office: 1095 Budapest, Máriássy utca 7.);
9) LIVING-Service Kft. ( headquarters: 1095 Budapest, Máriássy utca 7 .) - data controller (gdpr@livinghomes.hu);
hereinafter together referred to as LIVING, Joint Controllers or Controller.

Detailed information about the LIVING Business Group, in particular the definition of the participating controllers, the legal relationship between the joint controllers, the processing of data related to the Business Group, etc., can be found in the General Data Processing Notice available on the Controller's website (https://livinghomes.hu/hu/adatkezelesi-tajekoztato).

i. Data management related to the use of the LIVING mobile application

For the data processing in connection with the use of the LIVING mobile application, there is not always a joint controller, the responsibility of the participants is as follows.

  • The data controller in relation to the natural person (natural person representative of a legal person) appearing as a buyer in a real estate sales contract (registration contract, preliminary contract, final sales contract) is always the project company that has a contractual relationship with the buyer in the capacity of a seller in the given project (hereinafter: Project Company).
  • A service and licence agreement has been concluded between the Project Company2 and LIVING-Service Ltd. for the provision of the LIVING mobile application, in order to fulfil this mandate, LIVING-Service Ltd. processes the personal data contained in the LIVING mobile application as a data processor on behalf of the Project Company as the data controller.
  • The smart home service available through the LIVING mobile application is provided by the Project Company as the data processor mandated by the data controller, and Boston Technologies Ltd. (see point VI./2.) as the data processor.
  • LIVING-Service Ltd. has entrusted the data processor (BDO Hungary IT Solutions Ltd.) specified in Section VI./4. of this Policy with the development and operation of the LIVING mobile application and the related data processing.

ii. Data processing for direct marketing purposes

In the case of data processing for direct marketing purposes via the LIVING mobile application, the members of the LIVING Group of Companies shall be considered as joint data controllers until the transfer of the contract pursuant to point II./b. becomes effective. Thereafter, LIVING-Service Ltd. shall be considered as an independent controller for direct marketing purposes, and the project companies shall not perform any data processing activities via the LIVING mobile application after the transfer of the contract.

With regard to data processing related to direct marketing activities, the data controllers involved in joint data processing use a common database on the LIVING mobile application.

If the data subject has provided consent in accordance with the applicable data protection regulations (checkbox on the mobile application), LIVING-Service Kft. will contact the data subject in order to promote the services of the joint data controllers, but the Project Company with which the data subject has a contractual relationship will always contact the data subject with direct marketing messages related to a given project. In order to promote the special services of LIVING-Service Kft., LIVING-Service Kft. will always contact the data subjects via the LIVING mobile application.

The liability for the fulfilment of obligations arising from data management for direct marketing purposes is as follows. LIVING-Service Ltd., as the designated contact person for the data subjects, is responsible for fulfilling the obligations arising from data protection legislation. Data subjects may exercise their rights in relation to the processing of their personal data by sending a request or a complaint to LIVING Service Kft. (by post to 1095 Budapest, Máriássy utca 7., by e-mail to gdpr@livinghomes.hu).

If the data subject wishes to withdraw his or her consent to data processing, he or she can do so in the interface of the mobile application by going to the Settings menu.

The Joint Controllers shall jointly provide information to data subjects in relation to direct marketing enquiries in the form of this (joint) Notice.

The Joint Data Controllers collect the consent statements for direct marketing purposes (checkboxes in the mobile application) jointly in the admin interface of the mobile application.

Among the participants in the joint data management, LIVING-Service Ltd. has contracted with the data processor specified in Section VI./4. of this Notice to develop and operate the LIVING mobile application and to perform the related data management operations.

The above sharing of responsibility for the processing of personal data between Joint Controllers does not of course affect the right of data subjects to exercise their rights under data protection law in relation to and against each controller.

In the context of direct marketing activities, LIVING-Service Kft. (registered office: 1095 Budapest, Máriássy utca 7.) has been appointed by the Joint Data Controllers to contact the data subjects:

Website: www.livinghomes.hu
Contact details: e-mail service@livinghomes.hu
telephone: +36 1 808 0882
Contact details of a Data Protection Officer: gdpr@livinghomes.hu


The data management relationship of the participants in the joint data management in relation to the LIVING mobile application shall continue until the effective date of the transfer of the contract as set out in point II./b. of this Notice.

After the transfer of the contract, only LIVING-Service Kft., the provider of the LIVING mobile application, will be the data controller in the data management relationships, from then on the project companies will not carry out data management through the LIVING mobile application.

b) Condominium

The Project Company, in a contractual relationship with a natural person (the natural person's representative of a legal person) acting as a buyer in the contract for the sale of real estate, pursuant to Section 6:209 (1) of Act V of 2013 on the Civil Code (hereinafter: Civil Code) - the Project Company and LIVING-Service Kft. Ltd. for the provision of the LIVING mobile application, the Project Company has given its prior and irrevocable consent to the transfer of all its rights and obligations (contractual position) to the respective Condominium (the community of owners) after the formation of the Condominium and the registration of the Condominium and the individual sub-units (real estate) in the Real Estate Register.

The transfer of the contract becomes effective upon notification of LIVING-Service Kft., from which point onwards, the position of the data controller will also change, as from the effective date of the transfer of the contract, the capacity of data controller will be vested in the Partnership House with regard to the data processing related to the use of the LIVING mobile application, while LIVING-Service Kft. will be the data controller with regard to the processing for direct marketing purposes (see II./a)/ii.).

After the assignment, therefore, it will always be the Condominium3 to which the Project Company has transferred its contractual position that will become the data controller (this will always be settled in a separate agreement between the Project Company and the Condominium).

You can contact the condominium as the data controller via the central contact details of the legal/natural person responsible for the common image or via the so-called eHÁZ condominium management system operated by the condominium.

You can contact the condominium as the data controller via the central contact details of the legal/natural person responsible for the common image or via the so-called eHÁZ condominium management system operated by the condominium.

  • Headquarters: 1095 Budapest, Máriássy utca 7.;
  • Company registration number: 01-10-045154
  • Tax number: 13357371-2-44

III. THE CIRCUMSTANCES OF DATA PROCESSING PRIOR TO THE TRANSFER OF THE CONTRACT4

TARGET SUBTITLE CATEGORIES OF DATA PROCESSED LEGAL BASIS STORAGE TIME
Using the mobile app. Create the user account (Fibaro ID) (activate the application). Name (first name, surname); email address; activation code; apartment number, list of devices and rooms of the smart home system used, device control enabled and device status. Consent of the data subject.
[Article 6(1)(a) GDPR]
Until consent is withdrawn (= account cancellation)5 .
Liaising to ensure cooperation between the contracting parties. Name (first name, surname); e-mail address; apartment number (project, staircase, subfloor). Until the consent is withdrawn (= account deletion).
The deployment of the basic package of the6 smart home service (by the data processor as described in point VI./2 of this Notice). Name (first name, surname); apartment number; user ID; e-mail address; telephone number; telephone number, e-mail address of the designated contact person; scope of access (scope of equipment to be managed, e.g. lighting, intercom). Until the consent is withdrawn (= account deletion).
Contacting data subjects by means of direct marketing to promote the products/services of the joint controllers. Name (first name, surname); e-mail address. Consent of the data subject.
[Article 6(1)(a) GDPR]
Withdraw consent (toggle button available in the Settings menu.)
Ex-post verification of the lawfulness of the contact with the data subject for marketing purposes. Identifying information and information about the fact, time, manner and content of previous contact. Legitimate interest of the data controller7 in pursuing legal claims and proving compliance
[Article 6(1)(f) GDPR]
The general limitation period (5 years) from the date of withdrawal of consent under the Civil Code.
Not to contact the data subject who has withdrawn consent for future processing. Identifying data and the content of the statement withdrawing consent to processing. Legitimate interest of the data controller8 in not contacting the data subject in the future who has withdrawn consent or refused consent to data processing, to avoid possible complaints about unsolicited enquiries, loss of reputation.
[Article 6(1)(f) GDPR]
From the time of the withdrawal of consent to processing until the time the Data Controller carries out marketing activities or until the data subject consents to the processing of his or her personal data for such purposes.
Investigating any complaints or disputes related to the Service and (ex-post) verifying its lawful operation. Identifying data, contact details, personal data relating to the circumstances of the dispute (e.g.: the recorded content of communications with the customer). The Data Controller's legitimate interest in resolving any complaints or disputes related to the Service.
[Article 6(1)(f) GDPR]
The general limitation period (5 years) from the date of withdrawal of consent under the Civil Code.


IV. THE CIRCUMSTANCES OF PROCESSING AFTER THE TRANSFER OF THE CONTRACT9

TARGET SUBTITLE CATEGORIES OF DATA PROCESSED LEGAL BASIS STORAGE TIME
Using the mobile app. Reserving community spaces and tools. Name of the user; item to be reserved (e.g.: living room, tools, etc.); apartment number (name of the project). Consent of the data subject.
[Article 6(1)(a) GDPR]
Until the consent is withdrawn (= account deletion).
Monitoring the use of common spaces and tools. Name of the user; item to be reserved (e.g.: living room, tools, etc.); start and end date of reservation, duration and information on receipt and return of the reserved item (free text comment); apartment number (project name). The legitimate interest of the data controller10 in preserving the integrity of its community spaces and tools.
[Article 6(1)(f) GDPR]
Handling error reports [Condominium, smart home, app, warranty issues not included]. Name (first name, surname); apartment number; free text field to describe the error. Consent of the data subject.
[Article 6(1)(a) GDPR]
Control of the Ecohome service [including operation of customer service and support; receiving and handling error reports; logging activity]. Name (first name, surname); apartment number; user ID; e-mail address; telephone number; phone number, e-mail address of the designated contact person; active/inactive status; access scope and changes (e.g. new users, changes in access levels).
Opening entrance gates, garages, common areas without using keys from a distance. Video intercom with picture and sound.
Liaising - mass communication - with stakeholders. Name (first name, surname); apartment number; monthly balance.
Temperature display in the area of the apartment registered and selected in the app. Location data of registered dwelling.
Contacting data subjects by means of direct marketing in order to promote the products/services of the data controller .11 Name (first name, surname); e-mail address. Consent of the data subject.
[Article 6(1)(a) GDPR]
Withdraw consent (toggle button available in the Settings menu.)
Ex-post verification of the lawfulness of the contact with the data subject for marketing purposes. Identifying information and information about the fact, time, manner and content of previous contact. Legitimate interest in asserting legal claims and demonstrating compliance
[Article 6(1)(f) GDPR]
The general limitation period (5 years) from the date of withdrawal of consent under the Civil Code.
Not to contact the data subject who has withdrawn consent for future processing. Identifying data and the content of the statement withdrawing consent to processing. Legitimate interest of the data controller in not contacting the data subject in the future who has withdrawn consent or refused consent to data processing, to avoid possible complaints about unsolicited requests, reputational damage
[Article 6(1)(f) GDPR]
From the time of the withdrawal of consent to processing until the time the Data Controller carries out marketing activities or until the data subject consents to the processing of his or her personal data for such purposes.
Investigating any complaints or disputes related to the Service and (ex-post) verifying its lawful operation. Identifying data, contact details, personal data relating to the circumstances of the dispute (e.g.: the recorded content of communications with the customer). The Data Controller's legitimate interest in resolving any complaints or disputes related to the Service.
[Article 6(1)(f) GDPR]
The general limitation period (5 years) from the date of withdrawal of consent under the Civil Code.


V. FURTHER IMPORTANT INFORMATION REGARDING THE PROCESSING FOR THE ABOVE PURPOSES

STAKEHOLDERS 1) Natural person, natural person representative of a legal person acting as a buyer in a real estate sales contract (registration contract, preliminary contract, final sales contract).
2) The owner of the property (natural person registered as the owner in the land register, natural person authorised to represent a legal person).
3) A natural person (e.g. tenant, family member) entitled to use the property (with other appropriate title).
SOURCE FROM - Affected;;
- FIBAR GROUP Spółka Akcyjna

A prerequisite for using the smart home service is that the user creates a Fibaro user account (Fibaro ID). FIBAR GROUP Spółka Akcyjna is considered an independent data controller for the processing of data in this context (see point III. of this Notice / subsection 1.).
  • Contact: Registered office in Wysogotowo 62-081, Serdeczna 3 street, entered into the Register of Entrepreneurs kept by the District Court Poznan Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under number: 553265, NIP [tax identification number] 7811858097, share capital PLN 1,063,850.00, e-mail address dpo@fibaro.com

Detailed information on the data processing by FIBAR GROUP Spółka Akcyjna can be found on the registration interface of the LIVING mobile application and at https://www.fibaro.com/us/privacy-policy/.
GOOGLE ANALYTICS FOR FIREBASE The LIVING mobile application uses the Google Firebase software suite developed by Google, which is a development platform for Android and iOS mobile applications (and web applications), i.e. a set of tools and services that help you create mobile applications (and web applications). Google Firebase operates as a Backend-as-a-Service (BaaS) platform, providing a fully-prepared, cloud-based backend for mobile applications. The LIVING mobile application uses the Google Firebase service Firebase Analytics.
Firebase Analytics does not process any personal data, the service processes data in an anonymous form for statistical purposes only, and does not allow to infer the user's activity on the mobile application interface.
Detailed information on the availability and privacy policy of Google Firebase is available at https://firebase.google.com/support/privacy.
THOSE ENTITLED TO ACCESS The authorised employees of each data controller and data processor (e.g. Project Company, Living Service, data controllers participating in joint data management, Boston Technologies Kft., BDO Hungary IT Solutions Kft., etc.), who may process the data only to the extent strictly necessary for the performance of their tasks.
DELETE USER ACCOUNT
(withdraw consent)
The deletion of the user account and thus the personal data processed in it from the LIVING mobile application does not imply the deletion of the personal data processed in it, which are lawfully processed by data controllers for other purposes (on other legal grounds) in other databases (e.g.: data processed for contractual contact purposes).
Personal data that are processed exclusively for the purpose of using the LIVING mobile application (e.g.: activation code) will be deleted as a result of the deletion of the user account.


VI. DATA TRANSMISSION, DATA PROCESSING

The personal data processed may be transferred to other persons ("recipients"). Recipients may be public authorities, public bodies or other bodies vested with public powers, or courts to whom the transfer of personal data is necessary for compliance with a legal obligation [Article 6(1)(c) GDPR]. For more information on data transfers, please see the General Data Processing Notice.

The recipients of the transfer may be third party processors who or which process the personal data on behalf of the Data Controller on the basis of a contract with the Data Controllers and for the specific purposes specified by the Data Controller. The Data Controller shall only use processors that provide adequate safeguards for the protection of personal data.

For data processing in connection with the use of the LIVING mobile application and direct marketing activities carried out through it, the data controllers use the following data processors.

  DATA PROCESSOR ACTIVITIES
1. LIVING-Service Ltd.
(registered office: 1095 Budapest, Máriássy utca 7.; tax number: 26733803-2-43; company registration
The operation of the mobile application on the basis of the data processing agreement with the Project Company and then with the Condominium as a result of the contract transfer.
2. Boston Technologies Ltd.
(head office: 1015 Budapest, Hattyú utca 18. 3. floor. door 5; tax number: 14418321-2-41; company registration number: 01-09-902980)
As a result of the transfer of the contract with the Project Company and the data processing agreement concluded with the Condominium, the implementation and operation of the smart home service, and the provision of general technical support (support, helpdesk activities) related to the LIVING mobile application (not exclusively related to the smart home service).
3. BDO Hungary IT Solutions Ltd.
(registered office: 1103 Budapest, Kőér utca 2/A. building C.; tax number: 13536266-4-42; company registration number: 01-09-942171)
Development and operation of the mobile application based on the data processing agreement with LIVING-SERVICE Kft.


VII. RIGHTS OF ACCESS

On the basis of Articles 15-22 GDPR, the data subject of the processing is entitled to:

a) request access to your personal data;
b) request the rectification of your personal data;
c) request the erasure of your personal data;
d) request the restriction of the processing of your personal data;
e) request the provision of data portability;
f) object to the processing of their personal data based on the legitimate interests of the Controller;
g) request not to be subject to a decision based solely on automated processing

In addition to the above, the data subject is also entitled to:

a) withdraw consent to the processing if the processing was based on his or her prior consent; and
b) lodge a complaint with the Controller in relation to the processing; or
c) complain to the competent supervisory authority or go to court

Right to object

The data subject also has the right to object, on grounds relating to his or her particular situation, at any time to the processing of his or her personal data on the basis of legitimate interests and to profiling.

In this case, the Controller may continue to process the personal data only if it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

The data subject may exercise his or her right to object as follows:

  • by e-mail to gdprsales@wing.hu
  • on the central contact details of the legal/natural person responsible for the common image of the Condominium or on the so-called eHÁZ condominium management system operated by the Condominium.

Withdrawal of consent to data processing

The data subject may withdraw his or her consent to these processing purposes at any time, without restriction and without giving reasons, free of charge, as follows.

  1. processing of data related to the use of the mobile application: service@livinghomes.hu or gdprsales@wing.hu e-mail addresses or the central contact details of the legal/natural person responsible for the common image of the Condominium or the so-called eHÁZ condominium management system operated by the Condominium (deleting the user account does not mean deleting data from other databases that are lawfully processed for other purposes);
  2. processing for direct marketing purposes: using the toggle button in the Settings menu on the app interface.

A withdrawal, objection or amendment may be made by any means that includes the name of the declarant and at least sufficient identifying information to clearly identify the declarant. Even in the absence of such information, the declaration will be accepted by the Data Controller if it is received through a communication channel (e.g. e-mail address) previously provided by the data subject to the Data Controller for the purpose of contacting him/her.

The Controller does not verify the accuracy, veracity or accuracy of the personal data provided to it. Only the data subject who provides the personal data is responsible for the truthfulness and accuracy of the personal data provided, and the data subject, when providing his/her e-mail address, assumes responsibility for the fact that he/she is the only one who uses the services from the e-mail address provided, with regard to which any liability for accesses made from an e-mail address provided shall be borne solely by the data subject who provided the e-mail address to the Data Controller.

This section summarises the specific rights of data subjects in relation to the processing of data in connection with the use of the LIVING mobile application and direct marketing activities carried out through it. Further information on the additional data subject rights that may be exercised in connection with the processing and the details of their exercise can be found in the General Data Processing Notice, which is available on the website of the Data Controller (https://livinghomes.hu/hu/adatkezelesi-tajekoztato). Detailed information on the processing of data by the Condominium is available on the so-called eHÁZ condominium management system operated by the Condominium.

VIII. LEGAL REMEDIES

As detailed in the above-mentioned information notices, data subjects have the right to lodge a complaint against the processing carried out by the Data Controllers.

The Data Controller recommends that the data subject should make use of the possibility to lodge a complaint with the Data Controller before initiating a complaint to the authorities or legal proceedings.

The data subject may lodge a complaint about the processing of his or her personal data with the National Authority for Data Protection and Freedom of Information (NAIH - 1055 Budapest, Falk Miksa utca 9-11.; postal address: 1363 Budapest, Pf.: 9.; e-mail: ugyfelszolgalat@naih.hu; telephone: +36 (30) 683-5969, +36 (30) 549-6838; +36 (1) 391 1400; Fax: +36 (1) 391-1410) or may also lodge a complaint with the court of law of the place of residence.

IX. MISCELLANEOUS PROVISIONS

This Notice or any of its contents are protected by copyright, the rights to which are held by the Data Controller, and the contents may only be used with the prior written permission of the Data Controller.

The rules of Hungarian law apply to this Notice. In matters not covered by this Notice, the GDPR and other Hungarian law shall prevail.

1 Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

2 A separate service and license agreement (and associated data processing agreement) will be concluded with each project company for the provision of the LIVING mobile application.

3 E.g. ParkWest 2 Real Estate Development Ltd., as the project company, transfers its contractual position to the new condominium (community of co-owners).

4 The Project Company (use of the LIVING mobile application), members of the LIVING Group of Companies involved in joint processing (processing for direct marketing purposes) - see: point II./a. of this Notice

5 You need to initiate an account by sending an e-mail to service@livinghomes.hu or gdpr@livinghomes.hu.

6 The service provided by the data processor appointed by the Project Company pursuant to Section VI./2. of this Prospectus, details of which are available at the following link: https://livinghomes.hu/hu/smart-living-hu?gclid=CjwKCAjw6p-oBhAYEiwAgg2PgqjHYwty06sg14mEU6YyExymVy06TeA292K50xxU17glCv1bKA4VERoCe2cQAvD_BwE

7 LIVING-Service Ltd.

8 LIVING-Service Ltd.

9 The Condominium (data processing in connection with the use of the LIVING mobile application) and LIVING-Service Kft. (data processing for direct marketing purposes) - see: points II./a./ii.- II./b. of this Information Notice

10 Condominium

11 LIVING-Service Ltd.

Contact

Sales office

+36 70 705 23 69
sales(at)livinghomes(dot)hu

LIVING Showroom
H-1134 Budapest, Klapka u. 8.

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