Engel & Völkers Málaga
Privacy Policy
Privacy Policy
Effective December 7, 2018
Controller and your rights as a data subject*
(*Note on gender: For readability, the following text does not use the masculine, feminine, and diverse (m/f/d) forms simultaneously. All the following personal designations apply equally to all genders.)
Controller
The controller of the data regulated by this privacy policy is Serinter Servicios Reales S.L. (hereinafter, "we" or "us"). Our contact details are:
Serinter servicios inmobiliarios S.L
Sebastián Souvirón Street 8
29005 Malaga
malaga@engelvoelkers.com
Engel & Licensee Partner Völkers Residential GmbH
Data Protection Officer
If you have any questions about this privacy policy and data protection, please contact our Data Protection Officer(s):
Name: Norma Básica S.L
Email address: datos@normabasica.com
Your rights as a data subject
You have the right to receive information about the processing of your personal data (e.g., the origin of this data, the purpose of the processing, and the methods used to process it). In addition, under certain conditions, you have the right to object to future data processing, to limit it, or to request its deletion. Finally, you can prevent the sending of advertising materials or the conduct of market research or commercial communications at any time.
In summary, you have the right to:
access,
rectify,
erasure (or the right to be forgotten),
restrict processing,
data portability,
oppose the processing of your personal data,
locate a complaint to a supervisory authority.
In addition, you have the right to object at any time to the processing of your personal data for direct marketing purposes. If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes.
In accordance with Article 7 III of the EU General Data Protection Regulation (hereinafter "GDPR"), you can withdraw the consent you have given us at any time. This means that we will no longer be able to process your data based on this consent in the future.
Please note that your right to erasure is subject to restrictions. For example, we are not required or permitted to erase data that we are still required to retain due to statutory retention periods. Data that we need to assert, exercise, or defend legal claims is also excluded from your right to erasure.
If you have a complaint about the way we process your data, you have the option to lodge a complaint with a supervisory authority, particularly in the Member State of your residence, place of work, or place of the alleged infringement.
In the event of a legal obligation, we reserve the right to disclose information about you if required to do so by legal authorities or law enforcement agencies. Legal basis: Art. 6 I para. 1 lit. c GDPR (legal obligation).
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Summary of our data processing procedures
Our following privacy policy is structured as follows and gives you an overview of the following data processing procedures:
You visit us on our company website.
You sign a search or marketing contract with us, request information from us, or commission a property valuation.
We search for a property for you together with another Engel & Völkers (reference).
You submit an application to us on your own initiative or respond to a job advertisement.
Storage and deletion of your data
Collection and processing of personal data when you visit our company website
In principle, we only process personal data if you submit it to us via the contact forms on our company website. Personal data is only processed if you have given us your consent to do so or if processing is permitted by law. For certain services we offer on our company website, we require a minimum amount of data. We have marked this mandatory data with an asterisk. Without this mandatory data, we cannot provide the indicated services.
What data do we process about you (hereinafter "you" or "user")?
In the course of your use of our company's website, we process personal data, specifically:
Email address, first name, last name, title, address, telephone number, property details (referred to as "data" or "personal data" in the context of this privacy policy) provided by you in the case of the services offered on our company's website (e.g., in the context of contact requests and newsletter dispatches, as well as determining the market price ("valuation")) of the properties).
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Please see the description of the processing of related data in connection with the use of cookies and other tracking technologies in the "Cookie Information" of
Engel & Völkers GmbH
Vancouverstrasse 2a
20457 Hamburg
Germany
Email: contact@engelvoelkers.com
You will find information about cookies at the bottom of our company website.
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Purposes of processing and legal basis
We process your data for the following purposes:
Fulfilling contact requests (the legal basis is the fulfillment of the contract, as well as your consent, in the case of the transmission of user data to other licensing partners of the Engel & Völkers Group (see definition below in point 3));
If applicable, the fulfillment of the request for a valuation of the property described by the user in accordance with the market price, as well as the transferred interest in the sale (the legal basis is the fulfillment of the contract, as well as, in the case of the entry of contact data by the user and its transmission to a responsible or competent local licensing partner of the Engel & Völkers Group (please see definition below in point 3) or to the company technically carrying out the valuation, your consent, as well as, in the case of the use of contact data for direct marketing, the justified interest in the marketing of our own services or your consent);
Telephone contact from us (the legal basis is the fulfillment of the contract or, in the case of using the telephone number for advertising purposes, your consent);
Sending an email newsletter about our own offers, as well as our own and third-party advertising, to the extent permitted by law or based on your consent (the legal basis is your consent or our legitimate interest in direct marketing, provided that the marketing is carried out in compliance with data protection and competition law requirements);
In short:
The legal basis for the processing of personal data is Article 6(1)(a) of the GDPR, provided that the processing is based on consent, Article 6(1)(a) of the GDPR, and Article 6(1)(a) of the GDPR. b of the GDPR, provided that the processing is based on a contractual relationship (possibly pre-contractual), and Art. 6 I para. 1 lit. f of the GDPR, provided that the basis is our legitimate interest. If the processing of personal data is necessary for compliance with a legal obligation to which we are subject, Art. 6 I para. 1 lit. c of the GDPR serves as the legal basis.
If the legal basis is your consent, you have the right to revoke it at any time, without affecting the lawfulness of the processing of your personal data carried out on the basis of consent until its revocation. If the legal basis is legitimate interest, you generally also have the right to object to the processing of personal data concerning you at any time for reasons arising from your particular situation. Article 21 of the GDPR applies in this regard.
Transfer of your personal data
In principle, we will only transfer your personal data to third parties if this is necessary for the fulfillment of the contract, if we or a third party have a legitimate interest in the transfer, if there is a legal obligation, or if you have given your consent. If data is transferred to third parties on the basis of legitimate interest, this will be explained in these data protection provisions.
If your contact request relates to offers from other companies of the Engel & Völkers Group, we will transfer the personal data you have provided in this case to the corresponding Engel & Völkers Group company with your prior consent or, if legally permitted, on the basis of so-called legitimate interest. We will not transfer your personal data beyond this.
When we refer to the "Engel & Völkers Group" in this privacy policy, we refer to the companies belonging to the Engel & Völkers Group as defined in Sections 15 et seq. of the AktG (German Stock Corporation Act), as well as the (main) license partners who are directly or indirectly contractually affiliated with this group of companies and to which we also belong. You can find a current overview of the license partners here: https://www.engelvoelkers.com/es-de/empresa/oficinas/.
Data transfer to countries outside the EEA
In addition to the previous paragraph "Transfer of your personal data", the following applies:
Recipients of the personal data may be located outside the EEA/UK. When personal data is transferred to locations outside the EEA/UK, we will ensure, as required by law, that your data protection rights are adequately protected, either because the European Commission has determined that the country to which the personal data is transferred ensures an adequate level of protection (Art. 45 GDPR) or because the transfer is subject to appropriate safeguards (e.g., standard contractual clauses) in the European Union agreed with the recipient (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). In addition, where necessary, we intend to agree on additional measures with recipients to ensure an adequate level of data protection. Copies of the appropriate safeguards (where we rely on them) and a list of recipients outside the EEA/UK may be requested. Please note that these copies may be redacted where necessary to protect trade secrets or other confidential information.
You sign a search or marketing contract with us, request information from us, or commission a property appraisal.
What data do we process about you?
When searching for, selling, or renting a property, when requesting information, or in the case of a property valuation, we regularly process the following personal data about you:
First name, last name, title, address, telephone number, details about the desired property (in the case of a property search) or (in the case of property marketing or property valuation) details about the property;
Email address, provided you have agreed to receive promotional information, particularly property offers or valuations, or wish to receive communications by email;
as well as (in the case of the purchase/sale or rental of real estate) bank details, identification details, a copy of your ID (in the case of the purchase/sale of a property), as well as a property registration, electricity, oil, or gas bills, itemized general bills, partition declarations, homeowners' association protocols (resolutions, purchase contract (in the case of the sale of a property)) or (in the case of the rental of a property) bank details, identification details, if applicable, a resume, proof of salary, proof of solvency, confirmation from the landlord, and a rental contract.
Purposes of processing and legal basis
We process this personal data for the following purposes:
Fulfillment of the contractual relationship or a pre-contractual legal relationship—also by independent real estate agents who cooperate with us—including invoicing and credit assessment (the legal basis is Art. 6 I lit. b GDPR, as well as Art. 6 I lit. f GDPR; our legitimate interest in transferring data to independent real estate agents arises from the freedom of choice to also fulfill contractual relationships with independent real estate agents or subagents. The legitimate interest in carrying out credit checks arises from the legitimate interest in protection against bad debts);
Compliance with a legal obligation, in particular in relation to the German Anti-Money Laundering Act (the legal basis is Article 6(1)(c) GDPR);
Advertising information about properties that we or other license partners of the Engel & Völkers Group market (the legal basis is Article 6(1)(f) GDPR; the processing of personal data for direct marketing purposes is based on our legitimate interest. The legal basis is also your consent pursuant to Article 6(1)(a) GDPR if the advertising information is sent to you by email, fax, or telephone).
If the legal basis is your consent, you have the right to revoke it at any time, without affecting the lawfulness of the processing carried out on the basis of consent up to its revocation. If the legal basis is legitimate interest, you generally also have the right to object to the processing of personal data concerning you at any time for reasons arising from your particular situation. Article 21 GDPR applies in this regard.
Data Transfer
If your request (for example, in connection with a review request) relates to offers from other license partners of the Engel & Völkers Group, Engel & Völkers Group may withdraw your consent. Völkers will transmit the personal data you have provided in this case to the relevant Engel & Völkers Group company after your prior consent.
In this context, please also refer to our information on the reference in Section III.
In addition, we transfer personal data to contractual partners (landlords, landlords, search clients) and providers of complementary services, such as notaries, lawyers, building managers, and property developers, as part of the processing of a contractual relationship, as well as in the context of credit reports or to supervisory authorities (such as in the case of anti-money laundering documentation). We may also transfer your data to third parties to the extent permitted by law. Third parties to whom we may disclose your personal data, independent of our provision of services, include external advisors (e.g., lawyers and accountants), public authorities within your jurisdiction to comply with legal obligations and protect our rights (e.g., tax authorities, police, prosecutors, courts), potential purchasers or acquirers of all or part of our assets or activities, and other third parties to the extent you direct us to disclose data or give your consent.
Furthermore, we will only share your personal data with employees (permanent staff such as employees and self-employed real estate agents) and third-party companies (e.g., IT service providers, hosting providers, etc.) to whom we have subcontracted services involving processing operations within the scope of a contractual processing agreement.
Data transfer to countries outside the EEA
In addition to the above paragraph on "Transfer of your data", the following applies:
Recipients of personal data may be located outside the EEA/UK. When personal data is transferred to locations outside the EEA/UK, we will ensure, as required by law, that your data protection rights are adequately protected, either because the European Commission has determined that the country to which the personal data is transferred ensures an adequate level of protection (Art. 45 GDPR) or because the transfer is subject to appropriate safeguards (e.g., standard contractual clauses) in the European Union agreed with the recipient (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). In addition, where necessary, we intend to agree on additional measures with recipients to ensure an adequate level of data protection. Copies of the appropriate safeguards (where we rely on them) and a list of recipients outside the EEA/UK may be requested. Please note that these copies may be redacted where necessary to protect trade secrets or other confidential information.
If your application relates to Engel & Völkers Group license partners outside the European Union, we will transfer your data to the responsible or local license partner with your consent.
We search for a property for you together with another Engel & Völkers license partner (reference).
If we search for a property for you together with another license partner, your data will only be transferred based on your prior consent. Please note that both we, your initial contact, and the Engel & Völkers Group license partner to whom your data is transferred, process your personal data. Both we and this license partner are independently responsible for the respective data processing. We and this other license partner do not have access to each other's data and do not jointly process your data. If you wish to assert your rights as a data subject, please check in advance whether you wish to assert them against us or against the other license partner of the Engel & Völkers Group that also processes your data.
Please see the information above about how we process your data in connection with the marketing of your property, what rights you have in this regard, and who your contact persons are if you wish to assert your rights as a data subject.
You submit an application to us on your own initiative or respond to a job advertisement.
What data do we process about you?
If you apply via our website or a job advertisement, we process your name, address, telecommunications data, and your application. Providing your address and telecommunications data, which are mandatory data, is required so that we can contact you regarding your application and attribute the application to you.
Purposes of processing and legal basis
We process your personal data for the following purposes:
● Checking the application for an employment relationship within our company (the legal basis is Article 6(1)(b) GDPR, if applicable, in conjunction with Article 26 BDSG (German Data Protection Act) (for the scope of application in the Federal Republic of Germany)).
● Defense of any legal claims asserted against us arising from the application process, if necessary (the legal basis is our legitimate interest in fulfilling our obligation to provide evidence in proceedings under the General Equal Treatment Act (AGG); Art. 6 I lit. f GDPR).
● In addition, we process your personal data on the basis of previously granted consent to inform you about interesting job openings (the legal basis is Art. 6 I lit. a GDPR).
If the legal basis is your consent, you have the right to withdraw it at any time, without affecting the lawfulness of the processing carried out on the basis of consent until its withdrawal. If the legal basis is legitimate interest, you generally also have the right to object to the processing of personal data concerning you at any time for reasons arising from your particular situation. Article 21 of the GDPR applies in this regard.
We need your personal data to fulfill the processing purposes mentioned above. You are free not to provide us with any personal data. In this case, we will not be able to allow you to participate in the application process for available vacancies.
Data Transfer
In principle, we will only transfer your personal data to third parties if this is necessary for the fulfillment of the contract, if we or a third party have a legitimate interest in the transfer, if there is a legal obligation, or if you have given your consent. If data is transferred to third parties based on a legitimate interest, this will be explained in these data protection provisions.
If you have submitted your application via the global online job portal of Engel & Völkers Holding GmbH, then Engel & Völkers Holding GmbH will transfer your application documents for a position to us. You have been informed of how Engel & Völkers Holding GmbH processes your personal data during the application process, which you can access at any time via the global online job portal on the relevant Engel & Völkers Holding GmbH website.
Data transfer to countries outside the EEA
In addition to the above paragraph on "Transfer of your data," the following applies:
Recipients of personal data may be located outside the EEA/UK. When personal data is transferred to locations outside the EEA/UK, we will ensure, as required by law, that your data protection rights are adequately protected, either because the European Commission has determined that the country to which the personal data is transferred ensures an adequate level of protection (Art. 45 GDPR) or because the transfer is subject to appropriate safeguards (e.g., standard contractual clauses) in the European Union agreed with the recipient (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). In addition, where necessary, we intend to agree on additional measures with recipients to ensure an adequate level of data protection. Copies of the appropriate safeguards (where we rely on them) and a list of recipients outside the EEA/UK may be requested. Please note that these copies may be redacted where necessary to protect trade secrets or other confidential information.
Storage and deletion of your data
We store your personal data for as long as necessary to achieve the purposes for which it is collected and processed, including any retention periods required by applicable law (e.g., retention of accounting records).
In the context of application procedures that end without employment/recruitment, your data is normally stored for another six months for documentation purposes and then deleted or destroyed, along with the documents you have sent us. With your consent to process your data for future vacancy application procedures, we also retain it for a correspondingly longer period.
Complaints channel
