Personal data protection charter

Last update: 15 03 2022

1. Préamble

MY LYON PROPERTY (hereinafter "BARNES Lyon") attaches great importance to the protection and respect of your private life and your personal data (hereinafter "Personal Data" or "Personal Information").

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

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

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

In any event, we undertake to respect the following two (2) essential principles:

You remain in control of your personal data;
Your data are treated transparently, loyally, confidentially and securely.

2. Identity of the controller

2.1 BARNES Lyon as data controller

MY LYON PROPERTY, a simplified joint stock company with a capital of €10,000.00, whose registered office is located at 14 QUAI GENERAL SARRAIL 69006 LYON, registered in the Lyon Trade and Companies Register (known as “Registre du commerce et des sociétés” in French) under number 803199785, shall have the status of data controller for all processing relating to the services provided via the "barnes-lyon.com" website (hereinafter the "Website") as well as via its agencies and agents (hereinafter collectively the "Services").

Via the website barnes-lyon.com :

Management of the site's audience measurement.
Management of information requests via the contact form.
Management of newsletter subscriptions.

Via agency services and its appointed agents:

Management of customer files.
Property management.
Communication management.
Customer loyalty management.

2.2 BARNES Lyon as joint controller

Due to its special status as an exclusive licensee of BARNES INTERNATIONAL REALTY held by the Company, MY LYON PROPERTY will have the status of Joint-Controller 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 see Article 10 and our Cookie Policy.

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

3. Contact details of ou data protection officer

Our Data Protection Officer (hereinafter "DPO") is available to respond to all requests, including the exercise of rights, relating to your personal data.

You can reach him at

Or by e-mail to the following address: dpo@nobily.fr
Or by post:

BARNES LYON 6E,

ATTN DPO,

14, Quai du Général Sarrail, 69006 LYON.

4. Data collection & origin

In order to provide the Services, BARNES Lyon 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 will be 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 via our Cookie Policy.

Your personal data collected by BARNES Lyon 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 of the processing

Your various data are collected by BARNES Lyon to ensure the personalisation of our services. You will find below the details of the data processing activities that concern you, from the moment you request information or a video appointment, to the terms of the mission that you have entrusted to us.

5.1 Details of the processing of audience measurement of the site

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

5.1.1 Legal basis

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

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

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

5.2.1 Legal basis

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

5.3 Details of the processing of newsletter subscriptions

When you tick the box to register to receive news and offers concerning BARNES Lyon's services by e-mail, OR when you send us your e-mail address by entering it voluntarily on the dedicated form, we consider that you consent to receive our newsletters. We consider you thus 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

The performance of operations relating to the management of customer files covers the following objectives:

Profile analysis
Electronic takeover requests
Diversification of marketing actions
Sending out customer newsletters
Customer billing
Customer management: customer file, letters and reminders
Contract management
Management of requests for access, rectification and opposition rights
Invoice management
Management of unpaid/collection 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 being concluded between BARNES Lyon and yourself.

5.5 Details of property management processing

The implementation of property management operations covers the following objectives:

Assessment of the creditworthiness of applicants for the rental of a property
Accounting for the management mandate
Convocation of general meetings
Declaration of property income
Settlement of taxes and related charges
Management and transaction by telematic and electronic means
Sending reminder letters
Organisation of debt collection operations
Preparation of accounting documents necessary for the collection and management of tenants' accounts
Carrying out negotiation operations in connection with real estate transactions
Regularisation of charges
Maintenance of the accounts of the persons concerned
Tenant account keeping
Maintenance of owners' accounts

5.5.1 Legal basis

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

5.6 Details of the processing of Customer Loyalty Management

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

The legal basis for this processing is our legitimate interest in ensuring that you continue to benefit from our expertise while thanking you for your loyalty.

6. Data processed

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 see details of the personal data we may hold about you below.

NB: the information provided below is not intended to be exhaustive and is primarily intended to inform you about the categories of data that BARNES Lyon may 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, by page and aggregated on a daily basis, the type of terminal, browser and screen size of visitors, by page and aggregated on a daily basis, statistics on page loading time, 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 individual/professional" status
Information about the property
Electronic communications (e.g. content of the message sent)

6.3 To subscribe newsletter

If you have agreed to receive newsletters by ticking the box below the contact form
1. Data relating to your identity: title, birth name, surname or married name, first name, telephone number, e-mail address, "private individual/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 customer file management

Data relating to your identity: Marital status, Identity card number, Place of birth, Current employer, Socio-professional category, First name, File number, Civil status, Customary or married name, Birth name, Personal address, Comments on the person, Date of birth, Personal e-mail, Nationality, Passport number, Driving licence number, Passport, Sex, Private landline telephone, Private mobile telephone, City, Visas, Age, Occupation or job held
Data relating to your professional life: Profession or job held, professional e-mail, professional telephone number.
Financial data: Income assessment, Assets (land, property, 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 goods or services subscribed by the customer, Origin of the sale (seller, partner, affiliate) or of the order

6.5 For property management

Information needed for property management, trusteeship and real estate transactions: (e.g: Classification of the dwelling, Internal processing code allowing identification, Insurance company of the dwelling, Composition of the tenant or tenant applicants' household, Details of the tenant or tenant applicants' employer, 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 tenant applicant or his guarantor, Identity of the prospective purchaser, Identity of the co-owner or landlord, Identity of the tenant, Nature and amount of charges for the dwelling, Nature and amount of maintenance and improvement works, Identification number of the dwelling, Resources of the guarantors, Resources of the tenant or tenant applicant, Family situation of the tenant or tenant applicant, Occupational situation of the tenant or tenant applicant, Dwelling status (owner or tenant), Type/characteristics of the current dwelling or property.

6.6 For management and communication :

Information exchanged through 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 from customers and prospects, prospecting.

6.7 For customer loyalty management

Data relating to your identity: surname or married name, first name, personal address, personal e-mail, private mobile phone, private fixed phone.

Data relating to your professional life: Profession or job held, professional e-mail, professional telephone number.
Data on former benefits
Information contained in 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 responsibilities and for the purposes set out in Article 6, the main persons who may have access to your data are the following

depending on the purpose, the authorised staff of our marketing, sales, administrative, logistics, legal and IT departments;
Authorised personnel of our subcontractors;

Certain categories of Processors have access to the data collected:

The website development provider.
The web marketing and SEO provider
The email and automation marketing provider.
The real estate software publisher
The property management software publisher
The management software publisher
The cloud computing and storage provider.

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

Other organisations that may have access to your data are

Financial organisations (banks, etc.) and supervisory bodies;
Where appropriate, the relevant courts, mediators, accountants, auditors, lawyers, bailiffs, debt collection agencies;
Third parties who may place cookies on your terminals (computers, tablets, mobile phones, etc.) when you consent to them (For more details, see Article 10 and our Cookie Policy);

Your personal data will not be disclosed, 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 EU Commission are in place to contractualise the security obligations and measures required by the GDPR, as set out in Article 46.

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

9. Duration of data retention

We only keep your data for as long as is necessary for the purposes described in article 4 of this Charter.

9.1 For the management of the site's audience measurement

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

9.2 For the management of information requests via the contact form

As most prestige property projects can take up to 4 years to complete, hence we take the liberty of keeping your enquiries for up to 4 years.

9.3 For the management of newsletter subscriptions

As most high profile property projects can take up to 4 years to complete, we allow ourselves to retain your requests for information for up to 4 years unless you withdraw your consent before that time.

9.4 For customer file management

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 the context of a property purchase or sale is kept for up to 10 years after the contractual documents have been 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 wish to renew your property project in the future and the infrequent need for our expertise in this area, we consider that sucg need could arise no within 8 years of your last project. We would therefore like to be able to contact you again within a maximum of 8 years of your previous transaction with us.

10. Login data and cookies

For the proper functioning of the BARNES Lyon 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) to identify you, to remember your visits and to benefit from audience measurements and statistics, particularly relating to the pages consulted.

In this sense, BARNES Lyon has set up a Cookie Policy Manager to inform you more specifically about their use.

By browsing our site, you accept that BARNES Lyon installs this type of so-called "technical" cookies, the sole purpose of which is to enable or facilitate electronic communication between your terminal equipment and our site, by making it easier to manage and navigate.

Our access to, or recording of, information stored on your terminal equipment will therefore only occur in the following cases:

Enabling or facilitating communication by electronic means ;
Where necessary to provide our online appointment booking 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 Lyon informs you that such deactivation may result in slowing down and/or disrupting access to the website.

11. Minors

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

12. Social networks

When browsing the BARNES Lyon website, you have the option of clicking on the Twitter, Facebook and LinkedIn social network icons on our website.

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

When you use these buttons, BARNES Lyon may have access to personal information that you have indicated as public and accessible from their Instagram, Facebook and LinkedIn profiles. However, BARNES Lyon does not create or use any database independent of Facebook, Instagram and LinkedIn and does not use any data relating to your private life in this way.

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 with the aim of limiting the audience.

13. Security

BARNES Lyon complies with the RGPD and the French Data Protection Act in terms of the security and confidentiality of your data.

We implement all necessary technical and organisational measures 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 the security of the data and, in particular, to prevent the data from being deformed, damaged or accessed by unauthorised 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 the 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 Lyon 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 may access the Personal Data being processed by BARNES Lyon and has the right to receive a copy in electronic form (for any additional copy, BARNES Lyon will be entitled to demand payment of a fee based on the administrative costs incurred).

14.3 Right to erasure ("right to be forgotten") and rectification of Personal Data

Each user has the right to request the deletion and/or rectification of Personal Data concerning him or her when these are erroneous or obsolete.

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

14.4 Right to object

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 processing other than that consented to, except in the event of the fulfilment by BARNES Lyon 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 of their Personal Data be limited to what is necessary. This right is applicable only :

if the user disputes the accuracy of their Personal Data;
if the user can establish that the processing of his or her Personal Data is unlawful and requests a limitation of its use rather than erasure;
if BARNES Lyon 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 on the basis of the legitimate interest of the controller, during the verification as to whether the legitimate grounds pursued by the controller prevail over those of the user.

14.6 Right of complaint to a supervisory authority

If users believe that the efforts made by BARNES Lyon 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 control authority (CNIL or any other authority mentioned on the list available from the European Commission).

14.7 Right to the portability of Personal Data

Users have a right to data portability, allowing them to obtain their Personal Data from BARNES Lyon 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 happens to Personal Data after death

Users also have the right to organise the fate of their Personal Data after their death by adopting general or specific directives that BARNES Lyon undertakes to respect.

In the absence of such directives, BARNES Lyon recognises 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 emailing dpo@nobily.fr.

15. Modification of the personal data protection charter

BARNES Lyon reserves the right to make changes to this Personal Data Protection Charter at any time in order to comply with legislative and regulatory changes and/or to improve its Personal Data processing and protection policy.

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

16. Applicable law and jurisdiction

This Charter is subject to French law, including the provisions applicable to the rules of private international law.

IN THE ABSENCE OF AN AMICABLE AGREEMENT, JURISDICTION IS GIVEN TO THE COURTS OF THE JURISDICTION OF THE COURT OF APPEAL OF PARIS NOTWITHSTANDING MULTIPLE DEFENDANTS AND/OR THIRD PARTY CLAIMS TO HEAR ANY DISPUTE RELATING TO THE INTERPRETATION OF THIS CHARTER.