• James

New procedure on Handling owner details. 17 August. 2018

HANDLING REQUESTS BY PROPERTY OWNERS TO REMOVE OWNER/S DETAILS

With the introduction of the new GDPR (regulations) as ‘Data Controllers’ RE/MAX

Malta is now constrained to abide with owner/s requests to remove their personal

data from our database whenever we are asked to do so. Primarily this is required

in one of two cases, either the property is no longer for sale or it is no longer for

rent.

Typically this information reaches us either in verbal format or through a written

correspondence. At any rate and in any case we need to take immediate action but we

first need to determine as to whether or not RE/MAX had had any transactions in relation

to the property in question DURING THE 5 (five) YEARS immediately preceding the date

of when we are being requested to remove the property from our database. This is

important as in instances where the Vendor/Lessor has had any form of business

transaction with RE/MAX the FIAU regulations impose that we keep records dating back

to 5 (five) years from the last business transaction. In other words, if RE/MAX

rented/sold a property for a Lessor/Vendor on the 30

th of July 2017 (this being the

latest transaction) we are obliged to keep records for the next five years or, therefore

up to the 30th July of 2012, before we remove all records, as a minimum because in

actual fact, the TAX department will also require us to keep this records for a further 5

(five) years, therefore bringing the total to 10 years or, in this example, to the 30th July

2027. On the other hand, if no transactions were ever made through RE/MAX, then the

removal of the personal data on that particular property is instant:

Scenarios – Better Explained:

A property owner (Lessor/Vendor) advises any one of our offices/personnel to

remove his/her property from the RE/MAX Malta database:

First action to be taken is to determine if the property has been sold or rented out

through RE/MAX anytime in the immediate previous five (5) year period and then adopt

the below:

Important: Property details still to be kept in their entirety in all cases.

Scenario 1 – A property listed with us (which needs to be withdrawn), which was NOT

SOLD nor EVER WAS rented out through RE/MAX. Procedure to be followed:

1. Substitute the name of the owner and replace it with the purposely created

‘owner name’, called ‘’RE/MAX Malta’’ which is located in your ‘drop down’ list of

owners and NOT TO BE MANUALLY TYPED IN EVERYTIME

2. The Service Fees Agreement form is also to be removed from the Docs Section of

i-List. This means that the Database Administrator is to be informed so she may

comply. Keeping the original signed copy in our files at the office is acceptable.

3. Once the above has been done, we need to follow the usual procedure in order

for the property to get withdrawn, which includes the following:

a) Write notes in the activities section explaining why the property needed to be

withdrawn;

b) Send an e-mail to the Administration Secretary for approval who will in turn

fill in the show/hide form on i-Core;

c) Forward the approval to Paula at Head Office.

Scenario 2 – A property listed with RE/MAX (which needs to be withdrawn), but which

has been rented/sold through RE/MAX within the immediate previous 5 (five) years.

It is very important to note that the five (5) years start counting from the day we

collect the money from the owner.

1. The owner contact details as well as the Service Fees Agreement form are to be

kept on our database records;

2. Write notes in the Activities section of the listing as to why property is needed

to be withdrawn but also explaining why the owner’s details are being kept for

the required minimum of five (5) years from the date of the latest transaction,

ta

king care of registering this date within this note.

e.g.: If the property was rented out on the 30th July, 2015, and we are in 2018,

then we have to keep the info till 30th July, 2020 and not till 30th July, 2023. On the

other hand if the property was recently sold then we calculate five (5) years from

the date of Contract, say 30th July 2018 and write down that date, in this case, 30th

July 2023, in the Activities section as the date on which we will then remove the

Owner’s details/Service Fees Agreement on.

Once the above has been completed, we need to follow the usual procedure in order

for the property to get withdrawn, which includes the following:

a) Send an e-mail to the Administration Secretary for approval;

b) Fill in the show/hide form on i-Core;

c) Forward the approval to Paula at Head Office.

NB. The properties which would be having the owner’s details kept for another five

(5) years or less are going to be recorded through our new system, which would send

us notifications as we get close to the date so we are reminded to complete the

removal of these details in time.

Very Important: Check out the updates to the BOM (Back on Market) procedures

which have been necessitated through these changes (Section 7.10 sub section ‘f’

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