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Personal data protection charter

Last update: 02 08 2021

INSPIRATION SAS (hereinafter "BARNES Léman") attaches great importance to the protection of personal data (hereinafter "Personal Data" or "Personal Information") and respect of your privacy.

BARNES Léman is committed to implementing adequate measures to ensure that your Personal Data is protected, confidential and secure in accordance with the regulations in force in France and in the European Union, in particular the General Data Protection Regulation EU 2016/679 of 27 April 2016 and the rules of national law adopted 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 Léman collects, uses and discloses Personal Data and about the means available to You to exercise your rights in relation to this information.

Consequently, BARNES Léman 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 Léman 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:

  1. You remain in control of your personal data;
  2. Data is handled in a transparent, confidential and secure manner.

Article 1. Identity of the Data Controller

1.1 BARNES Léman as the Data Controller


        INSPIRATION, a simplified joint stock company (or known as “a Société par Actions Simplifiées”) registered in the Trade and Companies Register under number 803199785, and whose registered office is located at 1, place du Port 74500 ÉVIAN-LES-BAINS, shall have the status of data controller for all processing relating to the services provided via the "BARNES Léman.com" website (hereinafter the "Website") as well as via its agencies and agents (hereinafter collectively the "Services".)

        • Via the website BARNES éman.com :
          • Cookie management
          • Processing enquiries made via the contact form
          • Newsletter subscription management
          • Handling of valuation requests through video conferencing
        • Via agencies’ services and its authorised agents:
          • Communication management
          • Property management
          • Prospecting and selling.


        1.2 BARNES Lyon as joint controller

        Due to its special status as an exclusive licensee of BARNES INTERNATIONAL REALTY held by the Company, INSPIRATION will have the status of co-processor with various actors for the following processing operations:

        • Management of customer files
        • Deposit of cookies and other tracers on the terminal of website users: co-responsibility with social networks (Facebook, LinkedIn, Instagram, Youtube) and search engines (Google). For more information, please see Article 10 and our Privacy Policy regarding the use of cookies.

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

        Article 2. Contacts details of our 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 our Data Protection Officer 

        • by email : dpo@barnes.realty
        • Or by post: BARNES Léman, ATTN DPO, 1, place du Port 74500 ÉVIAN-LES-BAINS.

        Article 3. Data collection & its origins

        In the context of providing the Services, BARNES Léman 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, the BARNES-INTERNATIONAL Company, etc.)

        In all cases, you will be recalled to check this Charter for the purposes for which your data is collected by us, via the various online data collection forms, emails sent to you, occasional notifications or specially regarding the use of cookies through our Privacy Policy.

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

        Article 4. Purposes and legal bases of the processing

        Information about you is collected by BARNES Léman 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 make an appointment for a video conference, until the end of the mission you are mandating us to carry out.

        4.1 Details of personal data processing in prospecting and marketing operations

        The purposes covered by the way we carry out prospecting and marketing campaigns related to the sale/rental of real estate are as follows :

        • Advertising targeting (using cookies on the website)
        • Digital prospecting
        • Sending newsletters to prospects
        • Management of the Do Not Call List
        • Management of prospects
        • Organisation of competitions, lotteries or any promotional operation
        • Commercial prospecting

        4.1.1 Legal basis

        The prospecting and marketing campaigns are carried out based on your consent, if you are concerned.

        In compliance with the principles of privacy by design and by default, BARNES Léman endeavours to obtain the necessary consents when registering for the newsletter and when using our website in order to be able to offer you other related services, offers or our news which may be outside the services provided in direct connection with the customer relationship, without exceeding your expectations. No profiling is carried out, either by the functionality of the website or by the processing of files by our agencies and its agents.

        Finally, BARNES Léman will ask for your consent if you wish us to retain your information beyond 5 years after the execution of the mandate.

        4.2 Details of personal data processing in customer file management

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

        • Profile analysis
        • Online requests for support
        • Diversification of marketing actions
        • Preparing email listings to send 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
        • Handling outstanding debts, recovery and litigation
        • Payment management

        4.2.1 Legal basis

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

        4.3 Details of personal data processing in property management

        The processing related to property management 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
        • Debt collection operations and reminder letters
        • Accounting documents necessary for the collection and management of tenants' accounts
        • Conducting real estate negotiations
        • Regularisation of charges
        • Maintenance of the accounts of those concerned
        • Tenant account keeping
        • Maintenance of owners' accounts

        4.3.1 Legal basis

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

        4.4 Details of personal data processing in communication management

        The personal data is processed for communication operations, covering the following objectives :

        • Analysis of customer reviews
        • Compilation of business statistics
        • Satisfaction surveys.
        • Compilation of statistics.
        • Management of people's opinions on products, services or content.
        • Selection of people for loyalty actions.
        • Management of client selection for studies, surveys and product testing.

        4.4.1 Legal basis

        The processing is carried out for our legitimate interest in ensuring the proper functioning of the communication between BARNES Léman and you.

        Article 5. Data processed

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

        You can consult below details of the personal data we may have about you.

        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 Léman may process.

        5.1 For prospecting and marketing operations

        • Data relating to your identity: surname or married name, first name, personal address, personal e-mail, private mobile phone, private landline phone.
        • Data relating to your professional life: Profession or job held, professional e-mail, professional telephone number.
        • Information contained in the commercial communication
        • comments from customers and prospects 
        • requests for information as a customer or prospect.

        5.2 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, Profession 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 purchased by the customer, Origin of the sale (seller, partner, affiliate) or of the order

        5.3 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 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, Professional situation of the tenant or tenant applicant, Housing status (owner or tenant), Type/characteristics of the current dwelling or property.

        5.4 For 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 customer newsletter, date of request to unsubscribe from the newsletter, opening of the newsletter, promotion, requests for documentation from customers and prospects, prospecting.

        Article 6.  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 Data Processors ;

        Depending on the nature of services provided, certain categories of our Data 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 Data Processors, you can send a request to our Data Protection Officer at dpo@barnes.realty.

        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 give your consent (for more details, see Article 10 and our Privacy Policy on the use of cookies);

        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.

        Article 7.  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 using subsequent services 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@barnes.realty.

        Article 8. Duration of data retention

        We only keep your data for as long as is necessary for the purposes described in article 5 of this Charter.


        8.1 For prospecting and marketing operations

          The data allowing your identification in these operations are kept until your consent is withdrawn. 

          Your subscription to our newsletter is kept for a period of 3 years after the last contact.

          If you are already a client at BARNES Léman, as a result of our business relationship, we also wish to re-use your information for direct marketing of our similar products or services.

          If you have visited our website www.barnes-leman.com, cookies and other commercial tracers may be deposited on the terminal for a maximum of 13 months. For more information, please refer to Article 10 and our Privacy Policy regarding the use of cookies.

          8.2 For customer file management

            Information relating to the provision of services to you as a client is kept for up to 5 years after the end of the business relationship.

            8.3 For property management

              Your information collected in the context of a property renting, purchase or sale is kept for up to 10 years after the contract we sign with you comes to an end.

              8.4 For communication management

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

                Article 9. Cookies

                For the proper functioning of the BARNES Léman 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 Léman has set up a Cookies Manager in order to inform you more specifically about their use.

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

                Article 10. Minors

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

                Article 11. Social networks

                When browsing the BARNES Léman 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 Léman may have access to personal information that you have indicated as public and accessible from their Instagram, Facebook and LinkedIn profiles. However, BARNES Léman does not create or use any database independent of Facebook, Instagram and LinkedIn and does not exploit any of your data 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 sections on social media with the aim of limiting the audience.

                Article 12. Security

                BARNES Léman complies with the GDPR and the French Data Protection Act (known as the “Loi Informatique et Libertés”) 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 internally)

                Article 13. Rights of individuals

                In accordance with the GDPR, you have the following rights:

                13.1 Right to information on the processing of Personal Data

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

                  13.2 Right of access to Personal Data 

                    You may access the Personal Data processed by BARNES Léman and have the right to receive a copy in electronic form (for any additional copies, BARNES Léman will be entitled to charge a fee based on the administrative costs incurred).

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

                      You have the right to request the deletion and/or rectification of your Personal Data when these are erroneous or obsolete.

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

                      13.4 Right to object 

                        You may object at any time for legitimate reasons:

                        • to the use of your Personal Data for direct marketing purposes or
                        • to the re-use of your Personal Data for processing other than that consented to, except in the case of the performance by BARNES Lyon of one of its legal obligations.

                        13.5 Right to limit the processing of Personal Data 

                          You have the right to request that the processing of their Personal Data be limited to what is necessary. This right is applicable only :

                          • if you dispute the accuracy of their Personal Data;
                          • if you can establish that the processing of your Personal Data is unlawful and requests a limitation of its use rather than erasure;
                          • if BARNES Léman no longer needs your Personal Data but it is still necessary for you to establish, exercise or defend legal rights;
                          • if you object to the processing on the basis of the legitimate interest of BARNES Léman, during the verification as to whether the legitimate grounds pursued by us prevail over those of the user.

                          13.6 Right of complaint to a supervisory authority

                            If you consider that the efforts made by BARNES Léman to preserve the confidentiality of Personal Data do not guarantee the respect of your rights, you 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).

                            13.7 Right to the portability of Personal Data 

                              You have a right to data portability, allowing them to obtain your Personal Data from BARNES Léman in a structured, commonly used and machine-readable format and to request that this Personal Data be transmitted to another controller.

                              13.8 Right to decide what happens to Personal Data after death 

                                You also have the right to organise the fate of your Personal Data after their death by adopting general or specific directives which BARNES Léman undertakes to respect.

                                In the absence of such directives, BARNES Léman 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@barnes.realty.

                                Article 14. Modification of the personal data protection charter

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

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

                                Article 15. Language of the Charter

                                If there is an inconsistency or contradiction between the French version and the English version of this Charter, the French version of this Agreement shall control.

                                Article 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 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.