Data Privacy Notice

This notice („Notice“) will provide information on the data processing activities of PMSCS REAL ESTATE FRANCHISING, INC. (“RE/MAX Europe”, “we” or “us”) with respect to certain personal data about the following data subjects:

  • any person who, acting as a franchisee, concluded a franchise agreement with us acting as a franchisor (“Regional Director” or “Regional Owner”);
  • any person who owns or operates an individual franchised real estate office at a particular location and address that is authorized pursuant to a franchise agreement concluded with a Regional Director to establish and operate such real estate office (“Local Franchisee” or “Broker/Owner”);/
  • any person who is under contract with, employed by, owns any interest in, represents, is engaged by or is otherwise affiliated with any Local Franchisee to provide real estate services or any related service to the general public through or on behalf of a franchisee (“Sales Associate” or “Real Estate Agent”);
  • staff members of a Regional Director, of a Local Franchisee, or of a Sales Associate (“Staff”);
  • any person who is a shareholder of a Regional Director (“Regional Director Principal”);
  • any natural person who is a shareholder of a Local Franchisee (“Local Franchisee Principal”) and
  • parties (potentially) interested in becoming a Regional Director, Local Franchisee, or Sales Associate as well as their shareholders, officers and employees (“Prospects”).

Full contact details of RE/MAX Europe and it’s representative in the European Union are as follows:

RE/MAX Europe

Company name: PMSCS REAL ESTATE FRANCHISING, INC.

Street address: Alpenstrasse 15, Postfach 7863, CH-6302, Zug, Switzerland

Email address: dataprotection@remax.eu

Phone number: +41 41 720 0338

Name of RE/MAX Europe’s representative: PMSCS Regional Franchise Services GmbH

Street address of representative: Palais Fanto, Schwarzenbergplatz 6, 1030 Vienna, Austria

Email address of representative: dataprotection@remax.eu

Phone number of representative: +43 1 269 7372

I. DEFINITIONS

For the purposes of this notice, the definitions of the EU General Data Protection Regulation (“GDPR”) shall apply. In addition to that the definitions below or elsewhere in this notice shall apply.

“Regional Franchise Agreement” shall mean a franchise agreement concluded between us and a Regional Director.

II. PERSONAL DATA

We collect and processes the personal data listed in Annex 1 (“Personal Data”). Depending on the type of data subject to whom the Personal Data relates, we collect the Personal Data from different sources: from you, from public sources, from other members of the RE/MAX franchise network or in the case of a Regional Director, from a third-party service provider as regards background checks.

The Personal Data is processed on the basis of our prevailing legitimate interest pursuant to Art. 6 para 1 lit. f GDPR to achieve the purposes set out under point III. Additionally, Personal Data relating to Regional Directors is also processed on the basis that this processing is necessary for the performance of the contract concluded between RE/MAX Europe and the Regional Director (Art. 6 para. 1 lit. b GDPR).

Regional Director has certain reporting obligations towards us (see Annex 1 for details) in compliance with the Regional Franchise Agreement. Aside from this, there is no other obligation vis-à-vis us to provide any Personal Data. However, if the Personal Data is not provided voluntarily, the relevant business processes might be delayed or impossible.

III. PURPOSES FOR WHICH WE USE PERSONAL DATA

We process your Personal Data for the following purposes:

  1. for the performance of background checks;
  2. for the management of the contractual relationship with Regional Director;
  3. for the performance of headcount reporting; monitoring and improvement of franchise sales and recruiting processes; facilitation of cooperation between Regional Directors, their respective Local Franchisees, and their respective Sales Associates; performance of due diligence; improvement of the franchise system and the proprietary concept; the continuation or improvement of the business contemplated by a Regional Franchise Agreement; performance evaluations; handing out of RE/MAX Europe and RE/MAX, LLC., 5075 S. Syracuse St., Denver, Colorado 80237-2712, USA (“LLC”) internal awards; distribution of newsletters, which can include information and/or rankings of performances; promotion of the RE/MAX brand; marketing, including the sending of offers, event invitations and/or promotional materials by electronic or other means; public social media postings about the activities of a particular Regional Director, Local Franchisee, or Sales Associate; enforcement of our rights under the Regional Franchise Agreements and/or applicable law; talent management and training; IT management and security monitoring of IT systems; financial reporting; billing and accounting; quality assurance; and investigation of potential compliance violations resulting in legal and/or reputational risks for us or LLC.

The following data will be processed for the purposes listed above under point 1, 2 and 3:

  • Personal Data relating to Regional Directors as set out in Annex 1;
  • Personal Data relating to Regional Director Principals as set out in Annex 1

The following data will be processed for the purposes listed above under point 1 and 3:

  • Personal Data relating to Prospects as set out in Annex 1.

The following data will be processed for the purposes listed above under point 3:

  • Personal Data relating to Local Franchisees as set out in Annex 1;
  • Personal Data relating to Local Franchisee Principals as set out in Annex 1;
  • Personal Data relating to Sales Associates as set out in Annex 1; and
  • Personal Data relating to Staff, if any, as set out in Annex 1.
IV. DISCLOSURES AND DATA TRANSFERS

For the respective processing purposes set out under Section III, we may transfer the Personal Data to the following recipients or categories of recipients:

  • any Regional Director, Local Franchisee or Sales Associate;
  • LLC;
  • RE/MAX Ontario-Atlantic Canada Inc., 7107 Syntex Drive, Mississauga, Ontario L6N 6HP, Canada;
  • any potential future Regional Director, to the extent required by pre-contractual disclosure obligations;
  • banks for management of payment transactions;
  • law firms;
  • auditors;
  • courts;
  • competent administrative authorities, including tax authorities;
  • insurance companies;
  • GryphTech Inc., 2595 Skymark Avenue, Suite 206, Mississauga, Ontario, Canada; and
  • other IT-service providers.
V. CROSS-BORDER DATA TRANSFER

Some of the recipients referred to above are located or may have relevant operations outside of your country, such as in the United States, where the data protection laws may not provide a level of protection equivalent to the laws in your jurisdiction. By way of entering into appropriate data transfer agreements based on Standard Contractual Clauses (2010/87/EC and/or 2004/915/EC), which are accessible upon request from dataprotection@remax.eu, or taking other measures to provide an adequate level of data protection, we have established or confirmed that all data recipients will provide an adequate level of protection for the Personal Data.

VI. RETENTION PERIODS

The Personal Data will not be kept in a form that allows you to be identified for any longer than is reasonably considered necessary by us for achieving the purposes for which it was collected or processed or as it is established in the applicable laws related to data retention periods. Your Personal Data will, in any case, be retained at least during your business relationship with us, if any, or until you are not affiliated anymore with the RE/MAX Europe franchise system as well as thereafter as long as there are statutory retention obligations or potential claims are not yet time-barred.

VII. YOUR RIGHTS AND REMEDIES

Natural persons have the following rights (under the conditions set out in applicable law): (i) to check whether and what kind of Personal Data we hold about them and to access or to request copies of such data, and (ii) to request rectification, supplementation or deletion of their Personal Data that is inaccurate or processed in non-compliance with applicable requirements, and (iii) to request us to restrict the collection, processing or use of their Personal Data, (iv) to revoke any consent previously granted for the processing, where applicable and (v) in certain circumstances, to object for legitimate reasons to the processing of their Personal Data, and (vi) in case of a natural person who is a Regional Director, to request data portability. Withdrawing any previously given consent does not affect the lawfulness of processing based on the consent before the data subject’s withdrawal.

VIII. CONTACT

Please address your requests or questions concerning the processing of your personal data to: dataprotection@remax.eu. You also have the right to lodge a complaint with the competent data protection authority.

Last updated on: 18.02.2020

Annex 1 – Data Categories

1. Categories of Personal Data relating to (i) Regional Director, (ii) Local Franchisee, (iii) Sales Associate, (iv) Staff, (v) Regional Director Principal and (vi) Local Franchisee Principal:

General information (“Profile Data”):

  • name;
  • business address;
  • date of birth;
  • gender;
  • specialization;
  • language skills;
  • business email;
  • website address;
  • telephone numbers, fax numbers;
  • RE/MAX region, office name and number;
  • date joined RE/MAX; and
  • current job title with RE/MAX and team status;
  • educational level;
  • RE/MAX awards;
  • private address;
  • photos;
  • hobbies;
  • civic activities;
  • previous career;
  • private email address;
  • industry related awards;
  • skype name; and
  • social media contact information.

Reporting-related information (“Regional Reporting Data”):

  • the number and volume of transactions in certain intervals;
  • gross revenues; and
  • rankings.

Other data:

  • internal ID numbers;
  • completed trainings;
  • listings and associated listing information;
  • information gathered from regional websites or data base(s) or as otherwise reported and/ or collected;
  • external ID numbers and tax ID‘s (e.g. for convention and meeting registrations);
  • financial information (reported or assumed); and
  • passwords, usernames, and other authentication information for RE/MAX Europe’s or LLC’s IT systems and programs
  • background checks;
  • bank account & credit card details;
  • social security numbers (if legally required under applicable local laws); and
  • identity confirming documents.

2. Categories of Personal Data relating to (i) Regional Director and (ii) Local Franchisee only:

Reporting-related information (“Local Reporting Data”):

  • number of open and operating franchises;
  • number of active Sales Associates;
  • number of franchises sold in a certain reporting interval;
  • rankings.

Other data:

  • number of open or closed franchises;
  • names of Sales Associates;
  • franchise agreement and other contractual documentation as well as any information contained therein (e.g. start date, date of termination, reason of termination, terms and conditions, shareholder information);
  • fee information related to the business contemplated by the respective
  • franchise agreements;
  • company details and legal documentation (e.g. shareholder information, company registration, contracts); and
  • business plans.

3. Categories of Personal Data relating to Regional Director only:

  • number of Local Franchisees;
  • number of new/ renewed, terminated, transferred Local Franchisees in certain intervals;
  • types and amounts of fees collected by or payable and due to the Regional Director in certain intervals;
  • gross revenues;
  • bank account details;
  • financial statements;
  • curriculum vitae and the information therein;
  • private address;
  • private email address;
  • required documents and records for audits, if any, conducted by RE/MAX Europe or its representatives and designees;
  • background checks; and
  • website statistics, including usage statistics of Regional Director’s website.

4. Categories of Personal Data relating to Prospects only:

  • name;
  • business address;
  • date of birth;
  • gender;
  • specialization;
  • business expertise;
  • analysis of business potential;
  • language skills;
  • business email;
  • website address;
  • telephone numbers,
  • fax numbers;
  • titles (academic, professional or otherwise attained or granted);
  • educational level;
  • private email address;
  • skype name;
  • social media contact information and
  • background checks.
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