Privacy policy

In compliance with the provisions of the General Data Protection Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 on Data Protection and Guarantee of Digital Rights (LOPDGDD) of 5 December 2018, we inform you as follows:

DATA CONTROLLER

• Identity: Real Estate Company &LIVING, with Tax ID (CIF) B67796672, hereinafter referred to as “the Owner.”
• Postal Address: Príncipe Alfonso de Hohenlohe, Centro Comercial La Poveda, Office 8, 29602 Marbella, Málaga
• Telephone: +34 655 426 195
• Email Contact: marbella@andliving.es

PURPOSE OF DATA PROCESSING

We inform you that the data you provide will be processed for the following purposes:

• To handle and respond to contact requests, information enquiries, and/or questions received through the contact options available on the website.
• To send commercial information, subject to your prior express consent, about our products and services that may be of interest to you.
• To manage and provide real estate intermediation services requested through the contact options available on the website, as well as to facilitate, expedite, and fulfil the commitments established between the Owner and the User, and to maintain the relationship established.

In accordance with the provisions of the GDPR, a record of processing activities is maintained, specifying, according to their purposes, the processing activities carried out and the other circumstances established by the GDPR.

Personal information will not be used for purposes other than those related to the contracted services or purchased products. No automated decisions will be made on the basis of such profiles.

LEGAL BASIS FOR DATA PROCESSING

The legal basis for the processing carried out is based on:

• The consent granted by ticking the corresponding checkbox(es).
• The performance of a contract and/or service in which the User is a party, and therefore has provided personal data within the framework of a contractual or pre-contractual relationship for the purpose of handling their request and/or enquiry, with the processing being necessary for the maintenance of such relationship.
• The legal obligations applicable to the Owner that require the processing of personal data in accordance with the services provided, or obligations related to tax matters, in compliance with the applicable legislation (commercial, tax, fiscal, anti-money laundering).

PERSONAL DATA PROCESSED AND SOURCE

Depending on how the User interacts with the website, the personal data we process may include: identification data, contact data, and browsing data.

The data collected are provided directly by the User when contacting the Owner, by completing the relevant form(s), or by using other functionalities offered on the website.

The use of contact sections, forms, and/or functionalities offered on the website is voluntary. However, completing certain fields in the forms, or providing the required information through other functionalities, is necessary in order to properly handle and manage the User’s request. Refusal to provide the required information will prevent the Owner from being able to address and manage the request correctly.

The User guarantees that the data provided are truthful, accurate, and complete. Data will be cancelled, deleted, or blocked when they are found to be inaccurate, incomplete, or no longer necessary or relevant for their purpose, in accordance with applicable legislation.

If the personal data provided belong to a third party, the User guarantees that they have informed the third party of this Privacy Policy and obtained their authorisation to provide their data for the purposes described above. The User likewise guarantees that the data provided are accurate and up to date, and shall be responsible for any damage or harm, direct or indirect, that may arise as a result of failure to comply with this obligation.

The User undertakes and is responsible for the veracity and accuracy of the data provided, and commits to keeping them duly updated.

PROTECTION OF MINORS’ DATA

In accordance with current data protection regulations, only individuals over the age of 14 are permitted to give valid consent for the processing of their personal data. In the case of minors under 14 years old, the consent of their parents or legal guardians will be required in order to process their personal data.

LINKING AND SOCIAL MEDIA POLICY

The website may include links to third-party sites such as social networks where the Owner is present. These third-party websites have not been reviewed or are not subject to control by the Owner. The Owner shall not be held responsible for content freely published by Users. Users should be aware that their posts may be visible to other users, and they are therefore primarily responsible for their own privacy.

RETENTION PERIOD OF PERSONAL DATA

The personal data provided by the User will be retained while the User remains subscribed to the service, while the business relationship continues, until the User requests its erasure, or for the legally established period. Data may also be kept when necessary to comply with a legal obligation or to establish, exercise, or defend legal claims.

If the User withdraws consent or exercises the rights of objection or erasure, their data will be blocked and kept available to judicial authorities during the legally established timeframes to address any potential liabilities arising from the processing of personal data. Withdrawal of consent will not affect the lawfulness of processing based on prior consent

CONFIDENTIALITY AND SECURITY OF PERSONAL DATA

The Owner undertakes to adopt the necessary technical and organisational measures, appropriate to the level of risk, to ensure the security of personal data and prevent its accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access.

Personal data will be treated as confidential by the Owner, who undertakes to ensure, by means of legal or contractual obligation, that such confidentiality is respected by employees, associates, and any person to whom the information is made accessible.

DISCLOSURE AND RECIPIENTS OF PERSONAL DATA

Your personal data may be disclosed to third parties when expressly required by applicable law, as well as when disclosure is necessary to comply with legal obligations incumbent on the Owner.

Additionally, your data may be communicated to service providers acting as Data Processors, with whom the Owner has signed the corresponding agreements in accordance with Article 28 of the GDPR, ensuring the security and confidentiality of the information at all times.

USER RIGHTS

What are your rights when you provide us with your data?

The User has the right to obtain confirmation as to whether or not their personal data are being processed. The User has the right to access their personal data, to request the rectification of inaccurate data, or, where appropriate, request their deletion when the data are no longer necessary for the purposes for which they were collected. In certain circumstances, the User may request restriction of the processing of their data, in which case the data will only be kept for the exercise or defence of claims. In certain circumstances and for reasons relating to their particular situation, the User may object to the processing of their data. In such cases, the Data Controller will cease processing, except for compelling legitimate reasons, or for the exercise or defence of possible claims. Where legally applicable, the User has the right to data portability, which means the right to receive the personal data concerning them that we are processing and to store them on their own device.

The User may exercise their rights of access, rectification, objection, deletion, restriction of processing, portability, and the right not to be subject to automated individual decisions, by sending a written request with a copy of their ID for identity verification, with the reference “GDPR Rights,” to the postal address: Blvd. Príncipe Alfonso de Hohenlohe, Centro Comercial La Poveda, Office 8, 29602 Marbella, Málaga or by email to: administration@andliving.es

We also inform you that any claims regarding personal data protection may be submitted to the Spanish Data Protection Agency (www.agpd.es), the Supervisory Authority in Spain.