Privacy Policy

IDENTIFICATION

• Data controller: ANDALUCIA365 HOLDING, B.V. (hereinafter, “MARBELLA PARTNER”)
• Company Registration No. (KvK): 86608908
• Registered office: Wolveschansdreef 1, 9351 SE Leek, Netherlands
• Email: info@marbellapartner.com

INFORMATION
By accepting this Privacy Policy, the user (hereinafter, the “User”) is informed that the personal data, data derived from their browsing and any other data that they may provide in the future, that they provide or are collected through the website located at URL https://www.marbellapartner.com/ (hereinafter, the “Website”) or through any other computer or conventional means, will be processed by MARBELLA PARTNER.

The User must carefully read this Privacy Policy, which has been drafted in a clear and simple way to facilitate its understanding, and the User may determine, freely and voluntarily, if they wish to provide their personal data to MARBELLA PARTNER.

OBLIGATION TO PROVIDE DATA
The data requested in the forms on the Website are, in general, mandatory (unless otherwise specified in the required field) in order to comply with the purposes for which they are being collected. Therefore, if the User does not provide them or does not provide them correctly, the User’s requests will not be able to be attended, without prejudice to the fact that they will be able to freely view certain contents of the Website.

SOURCE OF DATA
The data processed by MARBELLA PARTNER for the purposes listed in the following section come from:

• From the User himself: the data provided by the User through the different forms on the Website, provided by the User himself through electronic or conventional means, data obtained from the User’s use of the Website and from his or her browsing of the Website (through cookies or data storage and retrieval devices), as well as the information obtained from the User’s mobile device, in accordance with the consents that, where appropriate, they give to MARBELLA PARTNER.
• Provided by third parties responsible for the data: in those cases in which a person other than the User provides personal data of third parties, said person guarantees that they have the necessary legitimacy to provide this information and that they have previously informed the owners of the data about the purpose of communicating the same to MARBELLA PARTNER.

In these cases, the responsibility derived from the veracity, accuracy and legality of the data falls exclusively on the person who provides them.

FOR WHAT PURPOSE WILL MARBELLA PARTNER PROCESS THE USER’S DATA?
MARBELLA PARTNER will process the User’s data for the following specific purposes:

• Management and attention to requests for information, contact or any other query related to the properties selected by the User.
• Sending commercial communications: managing the sending of commercial communications to Users, by electronic and/or conventional means.
• Sending commercial communications to MARBELLA PARTNER client Users: to manage the sending of commercial communications to MARBELLA PARTNER client Users or collaborators, related to services similar to those already contracted, by electronic and/or conventional means.
• Collection and storage of the User’s data based on their browsing preferences, resorting to their behaviors on the Website through cookies or similar storage technologies.
• Comply with legally established obligations: when the processing is necessary to comply with a legal obligation arising from Spanish law or European Union law and which may be applicable to MARBELLA PARTNER.
• Preparation of reports, statistics and internal analysis to improve services and detect misuse on the Website: analyse, manage and prepare internal reports and statistics on the behaviour of Users in order to implement improvements to the Website.
• Management and selection of candidates registered for job offers available on the Website: to manage, process, contact and select the data of Users who register for a job offer available on the Website.

WHAT USER DATA WILL MARBELLA PARTNER PROCESS?
During the use of the Website, the following personal data may be processed:

• Management and attention to requests for information, contact or any other query related to the properties selected by the User: identification data (name, surname, ID number, passport or similar document); contact details (email address, telephone number); economic data; location data (User’s address, country); browsing data on the Website; additional data (any other data that the User provides).
• Sending commercial communications: identification data (name, surname); contact details (email, phone number).
• Sending commercial communications to MARBELLA PARTNER client Users: identification data (name, surname); contact details (email, phone number).
• Collection and storage of the User’s data based on their browsing preferences, resorting to their behaviors on the Website through cookies or similar storage technologies: identification data (name, surname); contact details (email, phone); data on social circumstances (language); location data (country); data about the services requested; browsing data on the Website and on other portals (IP, advertising ID, your behaviour on the Website and on other portals).
• Comply with the legally established obligations: identification data (name, surname, identification documents); contact details (email address, telephone number); other data (any other personal data that may be legally required).
• Preparation of reports, statistics and internal analysis to improve the services and detect improper use on the Website: location data (country); browsing data on the Website and on other portals (IP, advertising ID, your behaviour on the Website and on other portals).
• Management and selection of candidates registered in the job offers available on the Website: identification data (name, surname); contact details (email address, telephone number); professional data (profession, company, professional history, duration); academic data (training, educational centre, duration); other data (any data that the User may provide in their CV).

In the event that the User provides data from third parties, he/she declares that he/she has their consent and/or sufficient legitimacy and undertakes to transfer the information contained in the Privacy Policy to them, exempting MARBELLA PARTNER from any liability in this regard.

WHAT IS THE LEGITIMACY OF THE PROCESSING OF USER DATA BY MARBELLA PARTNER?
MARBELLA PARTNER processes the User’s data in accordance with the following legal bases:

• Management and attention to requests for information, contact or any other query related to the properties selected by the User: contractual performance.
• Sending commercial communications: consent, which the User may withdraw at any time.
• Sending commercial communications to MARBELLA PARTNER client Users: legitimate interest, based on the exception provided for in article 21.2 of Law 34/2002, of 11 July, on information society services and electronic commerce and the provisions of recital 47 of the GDPR. The legitimate interest is based on direct marketing in order to offer the User services that may be of interest to them and thus achieve their loyalty. However, the User has the right to object to this processing at any time.
• Collection and storage of the User’s data based on their browsing preferences, using their behaviour on the Website through cookies or similar storage technologies: consent, which the User provides by ticking the corresponding box and which may be withdrawn at any time.
• Comply with legally established obligations: compliance with a legal obligation.
• Preparation of reports, statistics and internal analyses to improve services and detect improper use on the Website: legitimate interest, recognised by data protection regulations, based on being able to offer Users the services of MARBELLA PARTNER with the best possible quality and experience.
• Management and selection of candidates registered for the job offers available on the Website: execution of precontractual measures.

The consents obtained for the aforementioned purposes are independent, so the User may revoke only one of them, not affecting the others.

DATA RETENTION

• Management and attention to requests for information, contact or any other query related to the properties selected by the User: for the duration of the relationship with the User and, once ended, for the period of limitation of any legal actions that may arise from it.
• Sending commercial communications: until the User withdraws the consent previously granted.
• Sending commercial communications to Users who are customers of MARBELLA PARTNER: until the User opposes the sending of commercial communications.
• Collection and storage of the User’s data based on their browsing preferences, using their behaviours on the Website through cookies or similar storage technologies: until the User opposes the processing and, in no case, exceeding one (1) year.
• Comply with legally established obligations: for the legally established periods.
• Preparation of reports, statistics and internal analysis to improve the services and detect improper use on the Website: for the period necessary to process and prepare the reports and detect possible misuse, and thereafter during the limitation periods for possible legal actions.
• Management and selection of candidates registered in the job offers available on the Website: for the period necessary to process the job application; if not selected, for a maximum of one (1) year.

WITH WHOM WILL THE USER’S DATA BE SHARED?
All personal data provided by the User through the Website may be communicated to:

• Public Administrations, in the cases provided for by law, based on compliance with a legal obligation.
• Courts and Tribunals, in the cases provided for by law, based on compliance with a legal obligation.
• Companies belonging to the MARBELLA PARTNER business group, for internal administrative purposes, commercial management, coordination of real estate services, intermediation in operations, customer management and monitoring of business opportunities, based on the Group’s legitimate interest in the efficient and coordinated management of its activity, as well as, where appropriate, for the execution of the contractual relationship requested by the User. The entities of the Group will act as independent controllers.
• Property owners, potential buyers or tenants, notaries, financial institutions, appraisers, insurers or other parties necessary in the real estate transaction, when the communication is necessary for the management and formalisation of the sale, lease or other operation requested by the User, based on the execution of the pre-contractual or contractual relationship.
• Third-party service providers who may have access to the User’s personal data, who will process the personal data provided in the name and on behalf of MARBELLA PARTNER, for the purpose of providing services. MARBELLA PARTNER follows rigorous supplier selection procedures in order to comply with its data protection obligations, including the signing of the corresponding data processing contract in accordance with Article 28 of the GDPR.

INTERNATIONAL DATA TRANSFERS
Some of the third-party providers listed in the previous section may be located or provide their services from countries outside the European Economic Area. In these cases, an international transfer of personal data may take place in accordance with Articles 44 et seq. of the GDPR.

When the destination countries do not have an adequacy decision, MARBELLA PARTNER guarantees that it will adopt adequate guarantees to protect the User’s data, by signing the corresponding Standard Contractual Clauses (the “SCCs”) approved by the European Commission. Transfers may also be covered by one of the exceptions provided for in Article 49 of the GDPR, such as the explicit consent of the data subject, the need for the transfer for the performance of a contract or the formulation, exercise or defence of legal claims.

RESPONSIBILITY OF THE USER
The User guarantees that he/she is over fourteen (14) years of age and that the data he/she provides to MARBELLA PARTNER is true, accurate, complete and up-to-date. To this end, the User is responsible for the veracity of all the data provided and will keep the information provided suitably updated, so that it corresponds to their real situation.

In the same way, it guarantees that it has informed the third parties of which it provides its data, if it does so, of the aspects contained in this document. You also guarantee that you have obtained your authorisation to provide your data to MARBELLA PARTNER for the purposes indicated.

EXERCISE OF RIGHTS
As the owner of the data, the User may send a letter to MARBELLA PARTNER, at the address indicated in the heading of this Privacy Policy, or by email to the address: dpo@marbellapartner.com, at any time and free of charge. If MARBELLA PARTNER has reasonable doubts regarding your identity, it may request additional information or documentation that allows it to be verified before fulfilling your request:

• Right of access: to be informed by MARBELLA PARTNER as to whether or not it is processing your personal data and, if so, to access such data and receive information on the purposes of processing, categories of data affected, recipients, and expected retention period, among other information.
• Right of rectification: to request the rectification of inaccurate data concerning you when, among other reasons, they are no longer necessary for the purposes for which they were collected.
• Right to erasure: to request the deletion of personal data provided that the legal requirements are met.
• Right to restriction of processing: in certain circumstances (e.g. contesting accuracy while it is verified), to request that processing be restricted, in which case it will only be processed for the exercise or defence of claims.
• Revocation of consent: to revoke consent given, where the processing is based on consent (including for direct marketing).
• Total or partial opposition to processing: to object to processing at any time if it is based on legitimate interest; MARBELLA PARTNER will cease processing unless there are compelling legitimate reasons.
• Portability of your data: to receive the personal data you have provided in a structured, common and machine-readable format, and to transmit it to another controller, in the cases legally provided for.
• Automated individual decisions: in the event of automated decisions, including profiling, to obtain human intervention, express your point of view and challenge the decision.
• Others: you may file a claim regarding the protection of your personal data with the Spanish Data Protection Agency, with registered office at Calle Jorge Juan, 6, 28001 Madrid and website www.aepd.es, when the User considers that MARBELLA PARTNER has violated the rights recognized by the applicable data protection regulations.

SECURITY MEASURES
MARBELLA PARTNER will treat the User’s data at all times in an absolutely confidential manner and will maintain the mandatory duty of secrecy with respect to them, in accordance with the provisions of the applicable regulations, adopting for this purpose the necessary technical and organisational measures to guarantee the security of their data and prevent their alteration, loss, processing or unauthorised access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed.

CHANGES
MARBELLA PARTNER reserves the right to revise its Privacy Policy at any time it deems appropriate, in which case it will be communicated to Users. For this reason, we ask the User to regularly check this privacy statement to read the most recent version of the Privacy Policy of MARBELLA PARTNER.

ACCEPTANCE AND CONSENT
The User declares that they have been informed of the conditions governing the protection of personal data and accepts the contents of this Privacy Policy.