Engel & Völkers Mijas

Privacy Policy

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Engel & Völkers Mijas

Privacy Policy

TABLE OF CONTENTS

1. Data Controller

2. Types of Data Subjects and Data

3. Purposes of Processing

4. Legal Basis for Processing

5. Recipients of Data

6. Data Retention Periods

7. Profiling

8. Exercising Your Rights

9. Confidentiality and Security in Data Processing

10. International Transfers

11. Privacy Policy Cookies

INTRODUCTION

An important point to consider initially:

The protection of personal data is one of the core values of Engel & Völkers and FAMASA REAL ESTATE, S.L. (hereinafter “FAMASA”). Compliance with current regulations regarding the protection of personal data is a priority for us.

The purpose of this Policy is to explain how we will process the personal data you provide to us through the various forms and other channels for entering personal data during the real estate brokerage process.

When we need to obtain information from you, we will always ask you to provide it voluntarily and explicitly. The data collected through the website's data collection forms or other means will be incorporated into FAMASA's processing systems.

This entity will process your data confidentially and solely for the purpose of providing the requested services, with all the legal and security guarantees imposed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD), and Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI).

Reading and accepting this Privacy Policy is a necessary condition for the processing of your data through the website forms.

1. DATA CONTROLLER

The data controller for your personal data is:

FAMASA REAL ESTATE, S.L.

Tax ID Number: B87963815
Address: C/ Hermosilla 46 - 1º Izquierda 28001 - Madrid, Spain.
Engel &. Licensee Partner Völkers GmbH
Telephone: +34 951 66 60 06
Privacy Contact: mijas@engelvoelkers.com
The aforementioned company is registered in the Mercantile Registry of Madrid, Volume 36683, Folio 66, Section 8, Page M-657675.
You can contact FAMASA via the email address and/or telephone number indicated above to make any inquiries regarding the processing of personal data by FAMASA.

This Privacy Policy defines how FAMASA will process the Personal Data you are freely and knowingly providing.

In accordance with the GDPR, FAMASA informs you that your data will be included in the Register of Processing Activities (RPA) held by the company.

FAMASA will only collect the personal data necessary to fulfill the purposes to which you freely, knowingly, and unambiguously consent by accepting this Privacy Policy, which you expressly agree to in the forms.

2. TYPES OF DATA SUBJECTS AND DATA.

This Privacy Policy refers to the processing of data related to the following types of data subjects and data provided by them through various forms, contracts, and other channels for entering personal data during the real estate brokerage process:

2.1. Property Search Engine:
- Identification data.
- Contact data.
- Financial data.
- Data on the data subject's environment and preferences.
2.2. Potential Client:
- Identification data.
- Contact data.
- Data on the data subject's environment and preferences.
2.3. Client/Owner/Searcher Participating in a Transaction:
- Identification Data.
- Contact Data.
- Financial Data.
- Data on the Interested Party's Environment and Preferences.
- Billing Data.
2.4. Job Applicants:
- Professional Data.
- Academic Data.
2.4. Potential Collaborators:
- Identification Data.
- Contact Data.
- Billing Data.
3. PURPOSES OF THE PROCESSING.

Our company collects your personal data for the following purposes:

3.1. General.
- Security and Navigation: Browsing the Website does not require prior registration. However, the development of various functionalities requires our web servers to temporarily store certain information—IP address, domain from which access is obtained, date and time of access, etc.—and install certain technical cookies (more information in the Cookie Policy: https://www.engelvoelkers.com/es/es/politica-de-cookies). This information may also be used to analyze access and access attempts and ensure the security of web traffic.
- Customer Support: Respond to inquiries and requests for information made by data subjects through the entity's email addresses and telephone numbers.
- Contact FAMASA and, in turn, contact the data subject.
3.2. Property Search / Potential Owner/Tenant:
- Real Estate Brokerage. Management of the sale, rental, or search for properties, including organizing viewings, matching supply and demand, and negotiating terms. Document management of the property's technical and legal documentation. Compliance with the obligations contained in the contract, pre-contract, or agreement. Monitoring of ongoing transactions. Reporting any issues that may arise during the provision of the services offered. Compliance with legal obligations, such as regulations on money laundering and data protection, among others. Contacting you to obtain your feedback on the service provided. 3.3. Client/owner/applicant participating in a sale or lease transaction:
- Real estate brokerage.
- To carry out procedures related to the purchase/rental process on your behalf, if you authorize it.
- To fulfill the obligations contained in the contract, pre-contract, or agreement.
- To monitor ongoing transactions.
- To inform you of any eventuality that may occur within the framework of the provision of the services offered.
- To invoice for the services offered.
- To send commercial communications related to the contracted services.
- To comply with legal obligations, such as regulations on money laundering or data protection, among others.
- To contact you to obtain your opinion on the service offered.
3. 4. Marketing and Advertising Purposes.
- Sending commercial communications about real estate services similar to those contracted, based on FAMASA's legitimate interest, with your prior consent.
- Sending newsletters, real estate offers, or industry news, based exclusively on your express consent.
3.5. HR Purposes.
- Personnel management.
- Tax and labor management.
- Legal and regulatory compliance.
- Occupational risk prevention management.
- Management of job applications.
3.6. Collaborators.
- Business relationship management.
- Tax and labor management.
- Legal and regulatory compliance.
- Management of potential collaborators.
Any other purpose will be communicated to you before processing your data.

4. LEGAL BASIS FOR PROCESSING.

In compliance with Article 6.1 of EU Regulation 2016/679 of April 27, we inform you that the legal basis for processing your personal data depends on the purpose for which it is processed:

4.1. Performance of a contract.
This is the main basis for managing our business relationship. We process your data because it is necessary for the execution of the real estate brokerage contract (sale, rental, or search agreement), the earnest money or lease agreement, as well as for carrying out pre-contractual measures at your request (property visits, valuations). Without this data, we would not be able to provide you with the requested service.
Similarly, with respect to suppliers and collaborators, your data is necessary for the execution of the corresponding commercial contract.
4.2. Compliance with a Legal Obligation. In certain cases, the processing of your data is not optional, but rather mandated by law. In the case of FAMASA, these obligations derive primarily from: Law 10/2010 on the Prevention of Money Laundering: This requires us to formally identify the parties involved in transactions and, in certain cases, to report information to SEPBLAC (the Spanish Financial Intelligence Unit). Tax and Accounting Regulations: General Tax Law, for the issuance of invoices and tax returns. Urban Leases and Horizontal Property Regulations. 4.3. Consent of the Data Subject. For processing that is not strictly necessary for the contract or the law, we will request your express and affirmative consent. This applies primarily to:

Sending newsletters or commercial communications to people who are not yet customers (leads/subscribers).

You may withdraw your consent at any time (for example, by unsubscribing from the newsletter using the link provided in each email or by contacting us), without this affecting the lawfulness of any processing carried out beforehand.

4. Legitimate Interest.

FAMASA may process your data when there is a real and justified legitimate interest that does not override your rights. Specifically, we invoke this basis for:

Security: To guarantee the security of the network, information, and physical facilities (video surveillance, if any, or access control).

Customer Communications: Sending commercial information about real estate products similar to those contracted to customers with an existing relationship.

Legal Defense: Managing out-of-court or court claims in defense of the company's interests.

Quality: Conducting satisfaction surveys to improve our services.

5. DATA RECIPIENTS.

FAMASA undertakes not to sell, rent, or market your personal data to third parties. However, to fulfill the purposes described in this Policy, it is necessary to communicate or grant access to your data to certain recipients.

5.1. Service Providers.

FAMASA uses service providers with whom it is necessary to communicate data in different business areas. The relationship with these companies is regulated according to Article 28 of the GDPR, operating as Data Processors and under the strict instructions of FAMASA. The data accessed by these companies will only be used for the necessary business purpose and will not be retained for any other purpose.

You can request the list of the categories of providers who may have access to your data due to the provision of a service by writing to: mijas@engelvoelkers.com

5.2. The Engel & Network Völkers.

As part of the franchise network, FAMASA uses the technological systems owned by the parent company, Engel & Völkers GmbH. Therefore, the head office has access to the data for technical maintenance and infrastructure management.

Furthermore, if you request properties in areas managed by another Engel & Völkers store, we will share your contact information with that franchisee, always with your prior consent or express request, so that they can assist you.

5.3. Third Parties Involved.

Within the framework of the purchase, sale, or rental process, your data may be shared:

To the property owners whose data has been provided by the company to prospective buyers.

To the property owners whose properties have been visited by prospective buyers accompanied by the company.

To prospective buyers who have offered to finalize the planned real estate transaction.

To notaries, property registries, or agencies involved in the transactions.

5. 4. Transfers due to legal obligation. Your data will also be disclosed when such disclosure is required by law or a court order, including: Tax Agency Social Security SEPBLAC (Executive Service of the Commission for the Prevention of Money Laundering) Law Enforcement Agencies and Courts. 6. RETENTION PERIODS. FAMASA will retain your personal data only for as long as strictly necessary to achieve the purposes for which it was collected. Once the contractual relationship or the purpose of the processing has ended, the data will be blocked and, where applicable, made available to the competent authorities and for handling claims.

The retention and blocking periods, according to applicable regulations, are as follows:

Commercial Documentation: 6 years from its termination.

Tax Documentation: 4 years from the end of the accrual date.

Anti-Money Laundering: 10 years. After five years from the termination of the business relationship or the completion of the occasional transaction, the retained documentation will only be accessible to the internal control bodies of the obligated entity, including the technical prevention units, and, where applicable, those responsible for its legal defense.

Leads. One year from data collection.

Newsletter Users: Until consent is revoked.

Candidates: 1 year from data collection.

Working Hours Monitoring: 4 years from data collection.

Information Regarding Suppliers: 10 years from data collection or completion of the real estate transaction.

Employment Documentation, Social Security Registration, and Remuneration: 5 years.

Employee Contractual Documentation: 5 years.

Furthermore, please note that the company may retain your data in anonymized form for statistical or market research purposes, whenever possible, without prejudice to the necessary blocking for compliance with any applicable legal obligations.

7. PROFILING.

Any decision regarding primary data processing will be based on a manual process. FAMASA does not make automated decisions related to the real estate brokerage process that produce legal effects. All decisions in the real estate brokerage process are supervised and made with the human intervention of our consultants and company management.

However, in order to offer a more personalized and efficient service, FAMASA carries out basic commercial profiling. This processing consists of personalizing offers and means that certain decisions are made automatically without human intervention. For example, contacting you based on whether you are interested in certain sections of the Engel & Völkers website.

Newsletters may be adapted and personalized based on user interests, either based on the products and services requested, or based on data we can deduce or obtain from their browsing, interest in specific content, reaction to our communications, among other factors.

This personalization is partially automated, meaning that the company determines the personalization parameters, but the technological platform generates the user profile.

We do not send general communications that are not segmented using the procedure described above, as we believe it is in the interest of both the company and the user to receive relevant information, and because not segmenting it would not alter the number of communications received, only their content.

However, we inform you that you have the right to object at any time to your data being used for this type of commercial profiling. However, since our Newsletter service is intrinsically based on personalization (tailored alerts), objecting to profiling could result in the inability to continue receiving alerts for specific properties, with only generic corporate communications remaining.

8. EXERCISE OF RIGHTS.

Any interested party has the right to obtain confirmation as to whether or not FAMASA is processing personal data concerning them.

Therefore, current regulations grant interested parties the following rights:

Right of access: To know what personal data we process concerning you.

Right to rectification: To rectify or complete data that is inaccurate or incomplete.

Right to erasure: To request that your personal data be deleted from our systems when, among other reasons, it is no longer necessary for the purposes for which it was collected.

Right to object: To object to the processing of your data in relation to direct marketing activities. As well as for personal reasons, unless the basis for processing is legitimate interest.

Right to restriction of processing: Request the restriction of processing if you contest its accuracy or when it is unlawful and you oppose the erasure of your personal data and request instead the restriction of its use. Also, when the data is no longer necessary for the processing, but you need it for the establishment, exercise, or defense of legal claims. And finally, when you have objected to the processing, while it is being verified whether the legitimate interest of the controller prevails over that of the data subject.

Right to data portability: You have the right to obtain a copy of all the data you have provided and, where technically feasible, to request that your personal data be communicated to another data controller.

You may exercise these rights free of charge, as well as revoke your consent at any time, by contacting our company through any of the following means and attaching a copy of your ID card or equivalent document that proves your identity:
By mail addressed to C/ Hermosilla 46 - 1º Izquierda 28001 - Madrid, Spain.

By email to mijas@engelvoelkers.com

When sending by email or post, please include the reference "Data Protection" in the message.

If you have any questions or suggestions regarding the processing of your personal data, you can also contact us at the addresses provided for exercising your rights.

Finally, in accordance with the GDPR, the User is informed that if they believe their requested exercise of any of the rights granted by this regulation has not been satisfied, they may file a complaint with the Spanish Data Protection Agency (https://www.aepd.es/). Cookies may be used during the provision of services on the website. Cookies are physical files of personal information stored on the user's own device. The user has the option to configure their browser to prevent the creation of cookie files or to receive a warning before they are created. Please review the cookie policy via the link found on this website.
If you choose to leave our website via links to websites not belonging to our organization, FAMASA is not responsible for the privacy policies of those websites or for any cookies they may store on your computer.

Our email policy focuses on sending only communications that you have requested to receive.

If you prefer not to receive these emails, we will provide you with the option to unsubscribe within the emails themselves, in accordance with Title III, Article 22 of Law 34/2002 on Information Society Services and Electronic Commerce.

9. CONFIDENTIALITY AND SECURITY IN DATA PROCESSING.

The protection of your privacy and Personal Data is very important to FAMASA. Therefore, FAMASA maintains Personal Data security levels in accordance with applicable regulations and has implemented all available technical means to prevent the loss, misuse, alteration, unauthorized access, and theft of Personal Data that the User provides through the Website.

Furthermore, FAMASA and its professionals are committed to fulfilling their duty of secrecy and confidentiality regarding Personal Data in accordance with the GDPR, even after the contractual relationship has ended.

However, FAMASA assumes no responsibility for damages resulting from alterations that third parties may cause to the user's computer systems, electronic documents, or files.

10. INTERNATIONAL TRANSFERS. FAMASA primarily processes your data within the European Economic Area (EEA). However, due to the global technological infrastructure of the Engel & Völkers network and the use of certain service providers, international data transfers may occur. In such cases, the User will be duly informed. In this regard, FAMASA will take all measures within its power to ensure that Personal Data is processed in accordance with the security levels guaranteed by applicable regulations and in compliance with the GDPR, as well as the instructions and decisions issued by the various data protection authorities.

The main measures our company takes when carrying out an international transfer of personal data are signing standard contractual clauses approved by the European Commission, adhering to international agreements such as the Privacy Shield, and requesting approved and recognized certifications or codes of conduct.

11. COOKIE POLICY.

The user is informed that this website operates technically under the domain and infrastructure of Engel & Völkers GmbH. Therefore, the management of cookies and tracking technologies falls under the parent company's corporate policy.

FAMASA has no direct control over the technical configuration of cookies on the website. For detailed information about the cookies used, their purpose, and how to configure or reject them, please refer to the group's official Cookie Policy:
- Link: https://www.engelvoelkers.com/es/es/politica-de-cookies
- Cookie Manager: Engel & Völkers GmbH, Vancouverstraße 2a, 20457 Hamburg, Germany
- Email: info@engelvoelkers.com
You can find information about cookies at the bottom of our company website.