Privacy Policy

Update and Approval

This Privacy Policy will be updated whenever necessary. Updates may be determined by legal or regulatory changes, changes in the market in which The Marvilla Collection operates and/or internal The Marvilla Collection changes. Any changes to this Privacy Policy are subject to the approval of Board of Directors.

The Marvilla Collection is committed to protecting your privacy and has adopted all appropriate and necessary security measures for the confidentiality and protection of your personal data.

The Marvilla Collection processes personal data through processors in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and other data protection legislation.

The Privacy Policy aims to inform you how we process, use and protect your personal data, the purposes for which we process it and how you can exercise your rights as a data subject.

The Privacy Policy is governed by the terms of the legislation applicable to privacy and data protection matters, in particular Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ("GDPR"), applicable since May 25, 2018 and the respective implementing law in the domestic legal order, Law no. 58/2019 of August 8.

The Marvilla Collection reserves the right to update this Privacy Policy at any time. Any update to this Privacy Policy shall automatically become part of this version with date and effect from the date of its publication on the website.

1. RELEVANT DEFINITIONS

Consent

A positive statement or action, freely given, unequivocal and informed, by which the data subject agrees to the processing of their personal data.

Controller

Legal person who decides the purpose and means of a particular type of processing of personal data.

Data subject

Identified or identifiable natural person about whom we hold personal data.

Personal data

Any information relating to a data subject that we can identify (directly or indirectly) from data alone or in combination with other identifiers that we hold or can access such as name, address, date of birth, photographs, IP address, education, training, employment and salary information, health data, online activities, know your costumer information and prevention of money laundering and terrorist financing.

Breach of personal data

Breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access to personal data transmitted, stored or processed.

Processing

Any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, storage, adaptation, alteration, recovery, access, usage, distribution, dissemination or any other form of making available, alignment or combination, restriction, erasure or destruction.

Processor

Legal entity processing personal data on behalf of the controller, i.e. not for its own purposes.

Special categories of personal data

Personal data revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, data concerning a person's health or sex life or sexual orientation, biometric or genetic data and personal data relating to convictions and crimes.

2. ABOUT US

Your data will be processed by The Marvilla Collection as the controller of your personal data.

3. WHAT DATA DO WE COLLECT?

The Marvilla Collection, as the controller of your personal data, only collects and processes the personal data necessary to carry out its activities and comply with its legal and contractual obligations. The Marvilla Collection does not process personal data that is not necessary for the legitimate purposes associated with each processing activity.

In carrying out its activities, The Marvilla Collection processes, or may process, certain types of personal data, including:

• Identification and residence data, such as name, contact details, home address, work address, email address, telephone and/or cell phone number, ID card/passport details, place of birth, nationality;
• Tax data such as tax identification number, tax residence, household, if applicable;
• Data relating to the financial situation, such as income, expenses, assets, liabilities, sources of income, as well as bank account details;
• Data on professional status, such as profession, name of the employer, type of contract, salary and level of education;
• Data relating to the holding of political office and the existence of family or close relationships with people who hold political office, or other data necessary to assess whether there is any kind of association or relationship with a politically exposed person;
• Other types of data required to comply with legal obligations, particularly tax and anti-money laundering and anti-terrorist financing obligations.

In the specific case of The Marvilla Collection Website Users, the type of personal data we collect and process when using our Website results from the information provided to us by the user, as the data subject, namely by subscribing to the newsletter or the contact request form. The personal data processed consists of identification and contact data (name, surname, phone number and e-mail address), as well as other personal data included in the body of the form.

Additionally, The Marvilla Collection's website uses preference, statistical (analytical) and marketing/targeting cookies in order to collect information about its users, with the purpose of improving and customizing the browsing experience, tracking the use and effectiveness of the Website, providing relevant advertising on and off the Website, including on other websites, and to prevent the same advertisement from appearing repeatedly. The activation of these functionalities will be subject to the express acceptance of the data subjects. For more information please consult our Cookies Policy.

The Marvilla Collection's website also contains add-ons that allow interconnection and data flow with social networks such as Facebook, Instagram and Linkedin, directing users of the website to the web pages of these social networks. These social media operators use their own cookies and may also use pixelation, web beacons and other storage tools to collect and/or receive information from the website and use this information to measure service and target advertising.

The Marvilla Collection warns that it has no control or influence over any social network operator or their privacy and security policies, and users should therefore inform themselves accordingly.

4. WHAT ARE THE LEGAL GROUNDS FOR PROCESSING YOUR PERSONAL DATA?

We collect your personal data on the following grounds:

1. The execution and management of a contractual or pre-contractual relationship with the Data Subjects, within the scope of the relationships it establishes with its clients or potential clients in view of the reservation of properties requested by them, or the organization or execution of sales operations, or other forms of marketing its properties;
2. The execution and management of a contractual or pre-contractual relationship with business partners, real estate agents or suppliers;
3. The pursuit of a legitimate interest for the processing, provided that the rights and freedoms of the Data Subjects are ensured, such as the processing operations that are necessary for the purposes of contacting the competent administrative entities in the context of the development of The Marvilla Collection's real estate projects, consultation of CVs in the course of recruitment processes;
4. Compliance with legal and regulatory obligations, in particular to comply with the duties of identification and diligence arising from the applicable legislation on money laundering and terrorist financing; and/or
5. The free, specific and informed consent of Data Subjects, if and as applicable.

5. FOR WHAT PURPOSES DO WE PROCESS YOUR DATA?

The personal data of Data Subjects are processed by The Marvilla Collection for the following purposes:

1. Execution and management of the contractual relations that The Marvilla Collection establishes with its clients, including the preparation of reservation documents for the properties marketed by The Marvilla Collection, documentation relating to transactions, invoicing and collection, exchange of communications between the parties, etc;
2. Compliance with legal obligations to which we are bound that require the processing of Data Subjects' personal data, in particular for the licensing and development of real estate projects promoted by The Marvilla Collection, for tax and accounting purposes, for compliance with the duties of identification and diligence arising from the applicable legislation on money laundering and terrorist financing;
3. Provision of clarifications and relevant information about the development, following a request from the Data Subject, submitted via the contact form available on The Marvilla Collection's website or otherwise, as well as for marketing purposes / sending promotional communications associated with the dissemination and promotion of the apartments, to the extent that the Data Subject has given consent for this purpose;
4. Execution and management of contractual relations with business partners, real estate agents and suppliers; and
5. Managing and improving the browsing experience of The Marvilla Collection's website, monitoring the use and effectiveness of its content and traffic analytics.

6. WHAT ARE YOUR RIGHTS?

As a Data Subject your rights are the following:

• Right of access: you may request your personal data and obtain confirmation as to whether or not the data concerning you is being processed by The Marvilla Collection and, if so, to access it;
• Right of rectification: you may request the rectification of your personal data where it is inaccurate or incomplete;
• Right of erasure ("Right to be forgotten"): you may request the erasure of your personal data without undue delay, in accordance with the law;
• Right to withdraw consent: if the processing is based on your consent, you have the right to withdraw at any time, although this does not compromise the lawfulness of the processing carried out on the basis of the consent previously given;
• Right to object: you may object to the processing of your personal data, in accordance with the law;
• Right to restriction of processing: you have the right to obtain the limitation of the processing of your personal data, in accordance with the law;
• Right to data portability: in certain circumstances, you shall have the right to receive the data you have communicated to The Marvilla Collection, and to transmit it to another entity (data controller). To this end, the data subject has the right to a copy of their personal data, in a structured and readable format;
• Right to lodge a complaint: you may exercise the right to lodge a complaint with the competent data protection authority, namely the CNPD (National Data Protection Commission), whose contact details can be found at www.cnpd.pt.

In order to exercise any of the above rights, with the exception of the right to lodge a complaint, Data Subjects should contact The Marvilla Collection by email at address dataprotection@recapital.com.

Data Subjects also have the right to be notified, in accordance with the law, in the event of a breach of their personal data.

If the processing is based on the fulfillment of legal obligations within the scope of the Fight against Money Laundering, the exercise of the rights of access and rectification, in relation to personal data and processing activities, must be carried out through the National Data Protection Commission (CNPD).

7. HOW LONG DO WE KEEP YOUR DATA?

The Marvilla Collection will only keep your personal data for the necessary period of time for the mentioned processing purposes, in particular:

• Where we have collected your personal data as required by anti-money laundering and counter-terrorist financing legislation, in particular for identification, monitoring and reporting purposes, we will retain that personal data for 7 years from the date of the end of the relationship in question, unless The Marvilla Collection is required by law or for judicial purposes to retain it for longer;
• Personal data processed in connection with the conclusion of the promissory sales and purchase agreements or lease agreements and/or pre-contractual diligences, offer of sale or completion of the unit reservation form, will be kept for a period of 10 years;
• Personal data relating to payments and receipts, accounting and other financial and administrative actions will be stored for a period of 10 years;
• Personal data associated with the history of warranty claims and audits and evaluations will be retained for 10 years and 5 years respectively;
• Personal data processed for the purpose of providing clarification and information about the project will be kept for as long as such communications are maintained, plus a prudential and reasonable retention period;
• Personal data processed for marketing purposes will be kept for a period of 3 years after the date on which the Data Subject's consent to such processing has been granted;
• The rest of the personal data collected will be kept for as long as necessary for the purposes for which it was collected, complying with legal requirements where applicable, and for the period necessary for the performance of the contractual relationship;
• Personal data will not be processed for longer than is necessary for the purposes for which it was collected.

8. WITH WHOM DO WE SHARE YOUR DATA?

We inform you that your personal data will be accessed and may be shared/transmitted to the following categories of recipients:

• Other entities in the The Marvilla Collection Economic Group;
• Business partners, when necessary to provide The Marvilla Collection's services;
• Bank(s) with which you have signed loan or credit facility agreements;
• The Marvilla Collection's service providers (e.g. entities that provide asset management services, real estate management);
• For the purposes of complying with legal obligations, namely for the purposes of combating money laundering and terrorist financing, communications are allowed to the authorities to which personal data must be transmitted (such as the Institute of Public Markets, Real Estate and Construction (“Instituto dos Mercados Públicos, do Imobiliário e da Construção, I.P.”) or the Central Department of Investigation and Criminal Action (“Departamento Central de Investigação e Ação Penal”) or other State Entities such as the Tax Authority.

All personal data processed by a processor on behalf of The Marvilla Collection (the Controller) is transmitted under a written data processing agreement (DPA) between the parties.

In addition, personal data may not be transferred from the European Union (EU) to countries outside the EU/EEA unless an available derogation applies to such a transfer. Before transferring any personal data outside the EU/EEA, we will ensure that all necessary security measures are in place, for example by ensuring that the standard contractual clauses approved by the EU Commission are concluded with the entity receiving the personal data. The Marvilla Collection clarifies that it will only transfer data outside the EU to the The Marvilla Collection Group company based in Switzerland. Even in this case, the transfer will only be carried out if the data is related to the activities carried out by that entity, being the transfer covered by the European Commission's adequacy decision.

With the exception of the situations mentioned above, your personal data will not be sold or transferred to third parties.

9. SECURITY OF YOUR DATA AND INTERNET BROWSING

The Marvilla Collection has implemented appropriate and commercially reasonable technical and organizational security measures to preserve the personal data collected, keep it confidential and protect it against unauthorized access and disclosure, accidental loss, destruction, alteration or any damage that may arise, considering the state of the technology and the cost of implementation.

The Marvilla Collection informs you that its website may contain links to third-party websites, for which The Marvilla Collection is not responsible for their security and content. The information disclosed by the Data Subject through these third-party websites, including through social networks, is exploited by the third-party entity/social network operator itself, and the Data Subject is thus subject to its terms of use, privacy and cookie policies. If directed to third party websites, Data Subjects should ensure that they have read their terms of use, privacy and cookie policies before using or transferring their personal data to these websites.

10. CONTACT DETAILS

If you have any doubts about the processing of your personal data by The Marvilla Collection, or would like to exercise any of your rights, please contact us through the following means:

REFLETECARISMA, S.A.

Address: Avenida da Liberdade, nº 108, 3º, 1250-146 Lisbon,

E-mail: dataprotection@recapital.com.

Date of last revision: September 2024