The General Principles of Personal Data Processing (hereinafter the Principles) explain how AS Oma Ehitaja (registry code 11146149, address Pärnu mnt. 105 Tallinn 11312) processes Personal Data within the scope of provision of its Services.
1. Terms used in the Principles
1.1. AS Oma Ehitaja (registry code 11146149, address Pärnu mnt. 105 Tallinn 11312) – processes the Personal Data of a User as the controller within the meaning of the GDPR in accordance with the Personal Data Processing Principles;
1.2. GDPR – Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC of the European Parliament and the Council of the European Union (General Data Protection Regulation);
1.3. Personal data – any information relating to an identified or identifiable natural person (Data Subject).
1.4. User – a natural person who visits the Website and requests addition information about a specific property development and/or future property developments.
1.5. Contract – the agreement to be made between AS Oma Ehitaja and the User on the basis of which the User will receive additional information about a specific property development and/or future property developments;
1.6. Service – distribution of information about new property developments and apartments that will be sold, incl. consumer games, campaigns and/or prize draws for marketing purposes.
1.7. Processing – any operation or set of operations that is performed on Personal Data or on sets of Personal Data, whether or not by automated means, incl. collection, preservation and transfer;
1.8. Website – www.oma.ee, www.mustjoekodu.ee and other websites related to specific developments and any other websites related to AS Oma Ehitaja.
2. Personal Date and collection thereof
2.1. AS Oma Ehitaja collects Personal Data upon entry into a Contract, the provision of Services and in other ways when the User uses the Website as follows:
2.1.1. The user sends their Personal Data to AS Oma Ehitaja themselves (enters their name, contact details, uses the different functions of the Website and the Services);
2.1.2. AS Oma Ehitaja collects data about the User’s behaviour and activity on the Websites (Cookie data).
2.2. AS Oma Ehitaja processes the following Personal Data:
• identification data (name):
• contact details (telephone, e-mail, address);
• data of IP addresses and cookies.
3. Purposes of and legal basis for processing personal data
3.1. AS Oma Ehitaja processes the Personal Data of a User for the following purposes and on the following legal bases:
3.1.1. for entering into and performing a contract to be entered into or entered into with a User, e.g.
• to inform and advise the User who has entered into the Contract;
• to guarantee performance of the Contract entered into with the User, including identify and prove breaches of Contract or legislation by the User (e.g. to file claims against the User).
3.1.2. On the basis of the consent granted by the User, e.g.
• to send newsletters to the User if the User has given their e-mail address to AS Oma Ehitaja for this purpose;
• to carry out the prize draws and campaigns organised by AS Oma Ehitaja if the User has granted the relevant consent.
3.1.3. On the basis of the legitimate interest of AS Oma Ehitaja, e.g.
• for contacting the User for direct marketing purposes if it is possible to presume on the basis of a Contract entered into with the Client or a Service provided to the Client earlier that the User would be interested in the relevant offer and the User has not expressed dissatisfaction about or objected to receiving such messages;
• for the collection of statistics about visits to the Website and use of the Services and other non-personalised technical information about the use of the Website in order to update the Website and the Services.
3.1.4. for the performance of the obligations of AS Oma Ehitaja arising from law, e.g.
• the obligation to preserve accounting documents;
• the obligation to send the personal data of Users to competent authorities on the basis of the relevant lawful requests;
4. Transfer of personal data to service providers (processors)
4.1. AS Oma Ehitaja uses service providers (processors within the meaning of the GDPR) for processing the Personal Data of Users and is convinced that such service providers are reliable, has entered into data processing contracts with them and is responsible for their activities.
4.2. AS Oma Ehitaja uses Processors belonging to the following categories: server and cloud service providers, providers of the platforms used for the consumer games, prize draws and campaigns organised by AS Oma Ehitaja.
4.3. Users have the right to demand more detailed data about the Processors from AS Oma Ehitaja by contacting it using the contact details given in point 10.1.
5. Transfer of Personal Data to third parties
5.1. AS Oma Ehitaja transfers the Personal Data of a User to third parties only if this arises from law, is necessary for the performance of the Contract entered into with the User or if the User has granted their consent for this.
6. Preservation of personal data
6.1. AS Oma Ehitaja preserves the Personal Data of the User if this is necessary for achieving the objective for which they are collected, for protecting the rights of AS Oma Ehitaja or if this is required pursuant to legislation.
6.2. Depending on the type of Personal Data, AS Oma Ehitaja preserves the Personal Data of the User as follows:
• Accounting documents: for seven years after the end of the relevant financial year, as required by law:
• Personal Data related to the Contract: for 10 years as of the expiry of the Contract according to the maximum expiry deadline in the case of an intentional breach;
• Data of cookies: according to the Terms of using cookies.
7. Security
7.1. AS Oma Ehitaja takes the necessary organisational, physical and information technological security measures to guarantee the security of the Personal Data of the User.
7.2. AS Oma Ehitaja is not responsible for breaches of the security requirements that arise from the User’s own activities.
8. Rights and obligations of the User
8.1. The User has the right to exercise the following rights in respect of the Personal Data processed by AS Oma Ehitaja within the scope regulated by legislation (primarily the GDPR):
• to request access to their Personal Data;
• to demand correction of their Personal Data;
• to demand deletion of their Personal Data;
• to object to the processing of Personal Data, especially if AS Oma Ehitaja processes them on the basis of a legitimate interest;
• to demand transfer of their Personal Data.
8.2. In order to exercise their rights, the User must contact AS Oma Ehitaja using the contact details given in point 10.1. of the Principles.
8.3. AS Oma Ehitaja has the right to demand submission of the additional data necessary for identification of the User.
8.4. AS Oma Ehitaja responds to the request of the User within 30 days and informs the user whether and which measures AS Oma Ehitaja has taken for solving the request of the User.
8.5. If the User’s requests are clearly unreasonable or excessive, especially due to their repetitive nature, AS Oma Ehitaja may:
• request a reasonable fee;
• refuse to comply with the requested measures.
8.6. The User may demand deletion of the Personal Data only if one of the relevant grounds exists:
• the Personal Data are no longer required for the purpose in relation to which they were collected or processed in any other manner;
• the User withdraws the consent granted for Personal Data processing and there is no other legal basis for processing the Personal Data;
• the User objects to the processing of Personal Data, which is based on a legitimate interest of AS Oma Ehitaja and there are no overriding legal reasons for processing;
• the User objects to the processing of Personal Data for the purposes of direct marketing;
• the Personal Data are processed illegally;
• the Personal Data must be deleted in order to perform an obligation of AS Oma Ehitaja arising from law;
• the Personal Data are the Personal Data of a person under 13 years of age, which is processed on the basis of consent.
8.7. If the User demands deletion of Personal Data, they must indicate in their relevant request the ground set forth in point 6 of the Principles on the basis of which they demand this. AS Oma Ehitaja is not obliged to delete the Personal Data if there is no basis for doing this or if the processing of Personal Data is necessary for the following reasons:
• to exercise the freedom of speech and information;
• to perform an obligation of AS Oma Ehitaja arising from law;
• to prepare, file or defend legal claims;
• AS Oma Ehitaja has another legal basis for processing the Personal Data.
8.8. If the Personal Data of the User are processed on the basis of the User’s consent, the User has the right to withdraw their consent to Personal Data processing at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
8.9. If a breach occurs in relation to the Personal Data of the User and in the opinion of AS Oma Ehitaja, this constitutes a major threat to the rights and freedoms of the User, then AS Oma Ehitaja will inform the User about this without unreasonable delay using the contact details given by the User to AS Oma Ehitaja or, if this is not possible, publicly.
8.10. The User is obliged to inform AS Oma Ehitaja of changes in their Personal Data in order to keep the Personal Data of the User up-to-date.
8.11. If the User’s rights have been breached, the User has the right to file a complaint with the Data Protection Inspectorate or go to a court to seek protection of their rights.
9. Amendment of the Principles
9.1. It may be necessary for AS Oma Ehitaja to amend the Principles due to amendments made to legislation, to the Personal Data Processing processes of AS Oma Ehitaja or to the guidelines given by supervisory authorities or courts. In such a case, AS Oma Ehitaja will inform the User about the relevant amendments reasonably in advance.
10. Contact details
10.1. In order to exercise their rights, withdraw consents, obtain additional explanations and file complaints against AS Oma Ehitaja, the User may contact AS Oma Ehitaja using the following details:
• E-mail: ehitaja@oma.ee
• Postal address: Pärnu mnt 105, Tallinn