www.nycempireapartments.com

I. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation, NYC Empire Apartments (hereinafter, also Website) commits to adopting the necessary technical and organizational measures, according to the appropriate level of security for the risk of the data collected.

Laws incorporated into this privacy policy

This privacy policy is adapted to international regulations, including current European regulations on the protection of personal data on the internet. Specifically, it respects Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and the free movement of these data (GDPR).

Identity of the controller of personal data

The controller of the personal data collected at NYC Empire Apartments is: BROADRENTAL NYC, INC., 92-0505644.

Its contact details are as follows:

Address: 38W 31st Street, 10001, New York, New York, USA

Contact telephone: +1 [646] 934-5097

Contact email: [email protected]

Registration of Personal Data

In compliance with the GDPR, we inform you that the personal data collected by NYC Empire Apartments, through the forms extended on its pages will be incorporated and processed in our files in order to facilitate, expedite and fulfill the commitments established between NYC Empire Apartments and the User or the maintenance of the relationship established in the forms that the latter fills in, or to attend to a request or consultation of the same. Likewise, in accordance with the GDPR, except for the exception provided in article 30.5 of the GDPR, a record of processing activities is maintained that specifies, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.

Principles applicable to the processing of personal data

• Principle of legality, loyalty and transparency: User’s consent will be required at all times after fully transparent information about the purposes for which personal data is collected.
• Principle of purpose limitation: personal data will be collected for specific, explicit and legitimate purposes.
• Principle of data minimization: the personal data collected will only be strictly necessary in relation to the purposes for which they are processed.
• Principle of accuracy: personal data must be accurate and always updated.
• Principle of limitation of the retention period: personal data will only be maintained in such a way that the identification of the User is allowed for the necessary time for the purposes of its processing.
• Principle of integrity and confidentiality: personal data will be processed in such a way that their security and confidentiality is guaranteed.
• Principle of proactive responsibility: The controller will be responsible for ensuring that the above principles are met.

Categories of personal data

The categories of data that are processed in NYC Empire Apartments are only identifying data. In no case are special categories of personal data processed in the sense of article 9 of the European GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. NYC Empire Apartments is committed to obtaining the express and verifiable consent of the User for the processing of their personal data for one or several specific purposes.

The User will have the right to withdraw his consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.

On occasions when the User must or can provide his data through forms to make inquiries, request information or for reasons related to the content of the Website, he will be informed in case the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.

Purposes for the processing of personal data

Personal data is collected and managed by NYC Empire Apartments with the purpose of facilitating, expediting, and fulfilling the commitments established between the Website and the User or maintaining the relationship established in the forms filled out by the latter or to address a request or query.

Additionally, the data may be used for commercial purposes of customization, operation and statistics, and activities proper to the corporate purpose of NYC Empire Apartments, as well as for the extraction, data storage, and marketing studies to tailor the Content offered to the User, as well as to improve the quality, operation, and navigation of the Website.

At the moment personal data is obtained, the User will be informed about the specific purpose or purposes of the processing to which the personal data will be put; that is, the use or uses that will be given to the collected information

Retention periods for personal data

Personal data will only be retained for the minimum necessary time for the purposes of its processing and, in any case, only for 24 months, or until the User requests its deletion.

At the moment personal data is obtained, the User will be informed about the period during which the personal data will be kept or, when that is not possible, the criteria used to determine this period.

Recipients of personal data

In case the Data Controller intends to transfer personal data to a third country or international organization, at the moment the personal data is obtained, the User will be informed about the third country or international organization to which it is intended to transfer the data, as well as the existence or absence of a adequacy decision by the Commission.

Personal data of minors

Respecting what is established in articles 8 of the European GDPR, only those over 14 years of age can give their consent for the processing of their personal data lawfully by NYC Empire Apartments. If it is a minor under 14 years of age, the consent of the parents or guardians for the treatment will be necessary, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

NYC Empire Apartments commits to adopting the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in order to ensure the security of personal data and prevent accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized access or disclosure of such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, is fully encrypted.

However, because NYC Empire Apartments cannot guarantee the impregnability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller commits to promptly inform the User when a breach of the security of personal data occurs that is likely to entail a high risk to the rights and freedoms of individuals. Following what is established in Article 4 of the European GDPR, a violation of the security of personal data is understood as any breach of security that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized access or disclosure of such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to ensure through a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.

Rights derived from the processing of personal data

The User has the following rights over NYC Empire Apartments and can therefore exercise the following rights recognized in relation to the Data Controller:

• Right of access: It is the User’s right to obtain confirmation of whether or not NYC Empire Apartments is processing his/her personal data and, if so, to obtain information about his/her specific personal data and the treatment that NYC Empire Apartments has carried out or is carrying out, as well as, among other things, information available about the origin of such data and the recipients of the communications made or planned for them.
• Right to rectification: It is the User’s right to have his/her personal data that are inaccurate or, considering the purposes of the processing, incomplete, modified.
• Right to erasure (“the right to be forgotten”): It is the User’s right, provided that current legislation does not establish otherwise, to obtain the deletion of his/her personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his/her consent to the processing and this does not have another legal basis; the User opposes the processing and there is no other legitimate reason to continue with it; the personal data have been unlawfully processed; the personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years old. In addition to deleting the data, the Data Controller, taking into account available technology and the cost of its application, must take reasonable steps to inform the controllers who are processing the personal data of the applicant’s request to delete any link to that personal data.
• Right to restriction of processing: It is the User’s right to limit the processing of his/her personal data. The User has the right to obtain the limitation of processing when he/she challenges the accuracy of his/her personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has opposed the processing.
• Right to data portability: If the processing is carried out by automated means, the User will have the right to receive his/her personal data from the Data Controller in a structured, commonly used and machine-readable format, and to transmit them to another data controller. Whenever technically feasible, the Data Controller will transmit the data directly to that other controller.
• Right to object: It is the User’s right for the processing of his/her personal data not to be carried out or for NYC Empire Apartments to stop processing them.
• Right not to be subject to a decision based solely on automated processing, including profiling: It is the User’s right not to be subject to an individual decision based solely on automated processing of his/her personal data, including profiling, unless current legislation establishes otherwise.

Thus, the User may exercise his/her rights by written communication addressed to the Data Controller with the reference “Privacy and Data Protection – nycempireapartments.com”, specifying:

• Full name of the User and copy of the ID document. In cases where representation is admitted, identification by the same means of the person representing the User will also be necessary, as well as the document proving the representation. The photocopy of the ID document may be replaced by any other legally valid means that proves the identity.
• Request with the specific reasons for the request or information to which you want to access.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document that proves the request that is made.

This request and any other attached document may be sent to the following address and/or email:

Postal address: 38W 31st Street, 10001, New York, USA

Email: [email protected]

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites other than NYC Empire Apartments, and therefore are not operated by NYC Empire Apartments. The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Claims to the control authority

In the event that the User considers that there is a problem or infringement of the current regulations in the way his/her personal data are being treated, he/she will have the right to effective judicial protection and to file a complaint with a control authority, in particular, in the State where he/she has his/her habitual residence, place of work or place of the alleged infringement.

 

 

II.ACCEPTANCE AND CHANGES IN THIS PRIVACY POLICY

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as accepts the processing of his/her personal data so that the Data Controller can proceed with it in the manner, during the periods and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.

NYC Empire Apartments reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change. Changes or updates to this Privacy Policy will not be explicitly notified to the User. It is recommended that the User consult this page periodically to be aware of the latest changes or updates.