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Scenario 1 – A property listed with us (which needs to be withdrawn), which was NOT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