Privacy Policy
1. General information
This Privacy Policy (hereinafter ‘Privacy Policy’) provides you with an overview of the purposes, legal bases, and manner in which Estmak Capital OÜ (registry code: 11559160; address Kai 1, Tallinn 10111, Republic of Estonia; email: info@estmakcapital.ee), its subsidiaries and affiliated companies that legally use the trademark of ‘Estmak Capital’ in their business activities (hereinafter collectively ‘Estmak Capital’) process the personal data specifically concerning you as well as potential and existing customers, marketing contacts, visitors to the websites of Estmak Capital, and contact persons of partners. The Privacy Policy also contains information on what personal data is processed by Estmak Capital, for how long the personal data is retained, and your data protection rights.
In order to ensure the most effective protection of your personal data and the lawfulness of its processing, Estmak Capital complies with the requirements set out in the General Data Protection Regulation (EU) 2016/679 (hereinafter ‘GDPR’) and other legislation throughout its activities.
The controller of your personal data is an entity of Estmak Capital, i.e. an undertaking within the group, which processes your data on the basis of a contractual or pre-contractual relationship or other services provided by the corresponding entity which you have used or intend to use.
Contact details for all the entities of Estmak Capital can be found here .
If you have any questions concerning the processing of personal data, please contact us by sending an email to info@estmakcapital.ee.
2. Purposes and legal bases for processing personal data
Estmak Capital processes personal data only to the minimum extent required to provide its services. Any processing of personal data has a specific and limited purpose and a legal basis, which are described in more detail below.
In situations where the legal basis for the processing of personal data is the legitimate interest of Estmak Capital, then the latter has carefully analysed the respective processing activities and has ascertained that your interests, fundamental rights, and freedoms will not be disproportionately affected and that your personal data will only be processed to the minimum extent necessary.
The purposes for which personal data are processed and the legal bases for the processing are described in more detail below.
2.1. Concluding and performing customer contracts
The principal activities of Estmak Capital involve investment activities, the development of real estate, and the provision of related services, including leasing and sales. In this context, Estmak Capital advises its customers on real estate matters, carries out pre-contractual negotiations with them, and may enter into various types of contracts, such as consultancy, booking, and sales contracts. In the course of such activities, Estmak Capital may process your contact and payment details (given name and surname, personal identification number, bank account details, email address and correspondence between you and Estmak Capital, telephone number, country of residence).
The legal basis for the processing of personal data described in this section is the obligation to perform the contract concluded between Estmak Capital and the customer or the need to take steps prior to the conclusion of the contract (Article 6(1)(b) of the GDPR).
2.2. Marketing activities
Estmak Capital may publish on its website and social media accounts materials promoting the services of Estmak Capital and its partners, including photos and videos that may also depict people (for example, videos depicting the real estate development process). The purpose of such data processing is to introduce the services offered by Estmak Capital to potential customers.
If the persons in the photos and videos are identifiable, the consent of the data subject is a prerequisite and legal basis for the processing of personal data for this purpose (Article 6(1)(a) of the GDPR). The data subject has the right to withdraw their consent at any time by sending a request to this effect by email to info@estmakcapital.ee.
If you have given your relevant consent to Estmak Capital, we will occasionally send you newsletters and other information relating to the services of Estmak Capital that may be of interest to you. The legal basis for sending newsletters is the consent of the data subject (Article 6(1)(a) of the GDPR). You can withdraw your consent at any time by clicking on the ‘Unsubscribe’ button located next to the newsletter . You can also unsubscribe from newsletters by sending us a request by email to info@estmakcapital.ee.
Please note that the withdrawal of consent does not affect the lawfulness of data processing carried out based on the previous and valid consent.
2.3. Ordering services and products from partners
Estmak Capital purchases the goods necessary for the provision of its services and outsources services to partners. For this purpose, Estmak Capital processes the names and contact details (email address, telephone number) of the contact persons of the partners and, if necessary, data on professional position, education, qualifications, and employer.
The legal basis for the processing of personal data is Article 6(1)(b) of the GDPR (processing of data for the preparation and performance of a contract). In cases where Estmak Capital approaches a product or service provider itself, the legal basis for the processing of personal data is Article 6(1)(f) of the GDPR, i.e. legitimate interest, which is the need of Estmak Capital to order goods and services from various market participants in order to provide its services. Estmak Capital also processes the personal data of the contact persons of its partners only to the minimum extent necessary in order to minimise the interference with the interests of data subjects.
2.4. Complying with legal obligations
In certain cases, Estmak Capital needs to process personal data in order to comply with its legal obligations. Such situations may include, for example, fulfilling accounting obligations, responding to queries from public authorities, fulfilling obligations under the Money Laundering and Terrorist Financing Prevention Act, and notifying supervisory authorities and individuals of breaches and suspected breaches.
In such situations, the legal basis for the processing of personal data is the need to comply with a legal obligation of the controller (Article 6(1)(c) of the GDPR).
3. Retention of personal data
Estmak Capital will retain your personal data only for the time required to fulfil the purposes of the processing as set out in Chapter 2 of the Privacy Policy.
• Personal data processed in connection with the conclusion and performance of customer contracts
The relevant personal data is generally retained for the duration of the customer contract and, after the termination of the customer contract, until the expiry of the statutory limitation period for potential claims. Personal data processed in the course of pre-contractual negotiations or advice which have not ended with the conclusion of the customer contract (e.g. data processed in the course of advice and quotations) will be kept for 3 (three) years from the end of the respective negotiations.
• Personal data processed in the course of marketing activities
The personal data concerned will be kept until the need for the processing ceases to exist, but no longer than the withdrawal of the consent on which the specific marketing activities were legally based.
• Personal data of contact persons of partners
The relevant personal data is retained for the duration of the cooperation contract and, after the termination of the cooperation contract, until the expiry of the statutory limitation period for potential claims.
In order to comply with legal obligations and in other exceptional cases, the processing of personal data may be necessary for a longer period than specified above, including:
(a) to fulfil the legal obligations of Estmak Capital;
(b) for accounting reasons;
(c) for reasons related to the realisation of potential claims.
For example, Estmak Capital retains original accounting documents containing personal data (e.g. invoices) for 7 (seven) years from the end of the financial year in which the accounting entry in question was made. In order to enable the filing of claims or the filing of objections to potential claims against Estmak Capital, the latter may store personal data for up to 3 (three) years in accordance with the limitation periods for claims, up to 10 (ten) years in the case of intentional infringement, and up to the final resolution of pending disputes.
4. Web cookies
In addition to the foregoing, Estmak Capital uses web cookies on the website at https://www.estmakcapital.ee and its sub-sites [ST|N1] (hereinafter ‘Website’) to provide you with a better, faster, and safer user experience. Web cookies are small text files that are stored on your device. Web cookies provide Estmak Capital with information on how the Website is used, enable the compilation of statistics on the number of visitors to the Website, and ensure the functionality and user-friendliness of the Website.
The Website uses the following web cookies.[ST|N2] [MEV3] [ST|N4]
| Name of cookie | Function | Period of validity |
|---|---|---|
| _gid | _ga | _gat_gtag_[property ID] |
| Used to distinguish unique users. | Used to distinguish unique users. | Used to compile website traffic statistics. |
| 24 hours | 2 years | Website visit session |
The cookies used on the Website may change over time. For the use of cookies necessary for the functionalities of the Website, the Website does not ask for your consent. To use the remaining cookies, the Website asks for your consent.[ST|N1]
You can opt out of web cookies at any time by changing the settings of the web browser of the device you are using and deleting the cookies stored.
5. Origin of personal data and access rights
Estmak Capital may receive personal information about you from you (for example, when you contact Estmak Capital by telephone, email or through a web form) or from another Estmak Capital entity for the purposes set out in Chapter 2 of the Privacy Policy. In certain cases, Estmak Capital may receive your personal data from third parties to whom you have disclosed your personal data (for example, a real estate agent or other partner).
Access to the personal data described in the Privacy Policy is granted to the members of the management board and staff of the entity of Estmak Capital acting as the controller of your personal data, as well as of Estmak Capital OÜ, the parent undertaking of the group of Estmak Capital, for the performance of their specific duties. For example, personal data relating to price inquiries and quotations are processed by staff in the sales department.
In certain cases, personal data may also be accessed by the service providers providing specific services to Estmak Capital (for example, IT-service, accounting service, newsletter delivery service).
Estmak Capital does not transfer your personal data to countries outside the European Union.
6. Data protection rights
In relation to the processing of your personal data by Estmak Capital, you have the following data protection rights under the GDPR.
• Right to request access to personal data
You have the right to request information about what personal data (if any), on what legal basis, and in what manner Estmak Capital processes about you. You also have the right to request a copy of the personal data processed about you.
• Right to request rectification and erasure of personal data
You have the right to request Estmak Capital to correct errors in the personal data we process about you (for example, if the personal data has changed). You also have the right, in certain cases, to request that Estmak Capital erase the personal data processed about you. Please note that Estmak Capital may have the right to refuse the deletion of specific personal data, for example, if the continuation of processing is necessary to safeguard potential claims or to comply with legal obligations.
• Right to restriction of processing
You have the right to request Estmak Capital to restrict the processing of your personal data. In such a situation, Estmak Capital retains the right to process your personal data only to a limited extent, for example, in order to safeguard potential claims or to comply with legal obligations.
• Right to object
If the legal basis for the processing of your personal data is a legitimate interest of Estmak Capital, you have the right to object to the processing of your personal data. You also have the right to object to any automated decision-making by Estmak Capital and to the processing of personal data related to direct marketing (for example, sending newsletters).
• Right to transfer of personal data
You have the right to request Estmak Capital to provide you with personal data in a structured, commonly used format and in a machine-readable form. If technically feasible, you also have the right to request Estmak Capital to transfer your personal data to another controller indicated by you.
• Right to withdraw consent at any time
Where consent is the legal basis for processing your personal data, you have the right to withdraw your consent at any time. Please note that the withdrawal of consent does not, however, affect the lawfulness of data processing carried out based on the previous and valid consent.
To exercise the above rights, please contact us by email at info@estmakcapital.ee. Please note that data protection rights are not absolute, and that Estmak Capital will have to assess whether and to what extent data protection legislation allows your request to be granted. Estmak Capital will normally respond to your request within 1 (one) month of receipt. If it is not possible to respond to the request within 1 (one) month, Estmak Capital may extend the deadline for responding by 2 (two) months, informing you of the extension and the reason for it within 1 (one) month of receipt of the request.
7. Questions and complaints
If you have any questions or complaints about the processing of your personal data, please contact us by email at info@estmakcapital.ee. Estmak Capital will respond to you within 1 (one) month of receiving your question or complaint. If you disagree with the answer you receive, you have the right to complain to the supervisory authority, which is:
1) in the Republic of Estonia: Andmekaitse Inspektsioon (address: Tatari 39, Tallinn 10134; email: info@aki.ee; telephone: +372 627 4135);
2) in the Republic of Latvia: Datu valsts inspekcija (address: Elijas iela 17, Rīga, LV-1050; email: info@dvi.gov.lv; telephone: +371 672 23131.
Information on data protection authorities in other EU countries is available here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.