Data protection information for visiting the website and the Property Search App

This data protection information applies to the use of the website https://marbella-ev.com (hereinafter referred to as « website« ) and the Property Search App, a mobile application for property searches (hereinafter referred to as “property app“) and is valid from 23rd May 2018.

The following information applies to both the website and the property app, unless expressly stated otherwise.
Mazal Realty, S.L., in its function of responsible authority (hereinafter also referred to as « Engel & Völkers« ) informs its users that

by using the website, personal data about them will be processed, in particular:

• personal data (e.g. e-mail address, first name, surname, title, address, telephone number – in the following “data” or “personal data”) provided by users at the time of registration on the website (e.g. in connection with contact requests);
• personal data transferred from the user’s internet browser each time the user accesses the website and stored within log files, also known as server logs. This data comprises: IP address (Internet protocol address) of the accessing computer; the name of the accessed site; date and time of access; related URL from which the user accesses the site; the number of transferred data items; status report of successful access; session ID number;

by using the property app, personal data about them will be processed, in particular:

• e-mail address, first name, surname, title, address, telephone number provided by users at the time of sending an enquiry;
• Whenever the app is accessed, the usage data of the respective app user is saved. This data comprises: operating system used and, if applicable, the browser type, current language setting of the smartphone, information about the Internet service provider of the user, name of the retrieved page and, if applicable, the origin page, date and time of retrieval, amount of data transmitted, status report on whether the retrieval was successful, session identification number.

Purpose of processing

Engel & Völkers, as a responsible authority, processes the personal data of website and property app users for the following purposes:

• Fulfilment of user’s requests (legal basis is contract performance and the legitimate interest of Engel & Völkers in transferring contact requests within the Engel & Völkers Group to the appropriate company. The above “Engel & Völkers Group” comprises Engel & Völkers AG and its domestic and foreign associated companies in terms of the German Companies Act Sec. 15 et seq., and the (master) licensees affiliated with this group of companies. A current listing of these licensees can be obtained here: https://www.engelvoelkers.com/de/unternehmen/standorte/);
• The forwarding of e-mail newsletters (website only) on the company’s own offers and advertising by the company or third parties to the legally permissible extent or based on consent. (Legal basis is either the consent or the legitimate interest of Engel & Völkers in direct marketing, providing this is in accordance with the data protection and competition rules);
• For the functionality and optimisation of the Engel & Völkers website and property app. (Legal basis is the legitimate interest of Engel & Völkers in continuously improving the quality of the website and property app and ensuring its ease of use);
• Analysis of the website and property app for determining user behaviour and for interest-based advertising. (Legal basis is the consent.);
• Identification and possible blocking of users who have installed a so-called adblocker and who thereby block advertising. (Legal basis is the legitimate interest of Engel & Völkers of providing users who do not block advertising with wholly or partially web-financed offers);
• In order to prevent fraudulent activities or misuse on the website or in connection with the website or property app and to observe the legal stipulations for secure websites. (Legal basis is the legitimate interest of Engel & Völkers in eliminating faults, ensuring system security and identifying unauthorised access attempts or accesses.)

The legal basis for the processing of personal data is GDPR Article 6(1)(a), if the processing is based on consent, Article 6(1)(b) if the basis for processing is a contractual relationship and Article 6(1)(f) if the basis is the legitimate interests of Engel & Völkers.

If the legal basis is your consent, you are entitled to revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. If the legal basis is a legitimate interest, you are also entitled in principle to object to the processing of your personal data at any time for reasons arising from your particular situation. Article 21 GDPR applies in this respect.

Nature of supply of personal data and the consequences of objection

The provision of personal data by users is voluntary. They may freely decide whether to make personal data available to Engel & Völkers and may subsequently revoke their consent to the processing of personal data which have already been made available. The revocation may mean that the Engel & Völkers website is no longer usable.

Access to data

The personal data is processed by Engel & Völkers and (in respect of individual items) particularly by

• Employees (permanent employees such as job-holders and independent property consultants) and consultants authorised to administer the website and property app and provide the associated services;
• Third-party supplier companies (e.g. IT service providers, hosting providers, etc.) to which Engel & Völkers has outsourced processing services as part of a job processing agreement.

Information about the data

As the responsible authority, we are able to provide information about your personal data. However, this information may only be given for the following reasons:

• In the case of fulfilment of legal obligations or obligations arising from regulations and guidelines under national or European laws.
• For defence in court in the case of a legal dispute.

Disclosure of data

If your query relates to offers from other companies of the Engel & Völkers Group, Engel & Völkers transfers the personal data entered by you in this case to the respective company from the Engel & Völkers Group with your prior consent or on the basis of its legitimate interests. Other than this, your personal data will not be disclosed by Engel & Völkers.

Disclosure of data in non-EEA countries

Engel & Völkers will not transfer any personal data to non-EEA countries without your consent. The servers used by Engel & Völkers are located within the European Union.

If your query relates to companies of the Engel & Völkers Group outside the European Union, we will transfer your data after obtaining your consent.

In cases where personal data is transferred to countries that do not offer the same level of protection as within the European Union and you have not expressly agreed to the transfer of your data to those countries by way of your consent, Engel & Völkers will ensure that certain contractual obligations under applicable data protection law (including the execution of standard contractual clauses approved by the European Union) are agreed with each service provider unless Engel & Völkers can invoke other legal grounds for the transfer of personal data.

Saving and deleting of data

Engel & Völkers saves personal data for the time necessary for achieving the purposes for which the data was collected and processed, including any retention period stipulated under the applicable legislation (e.g. retention of accounting records) and in any case for a maximum of 24 months after the personal data was collected.

Use of cookies and other tracking technologies

Use of cookies on the website

In addition to the above-mentioned processing of personal data, cookies and other tracking technologies are stored on your end device during or after your visit to Engel & Völkers.

Cookies are small text files that are sent when visiting our website or property app and stored in the user’s browser. If the corresponding website is called up again, the user’s browser sends the contents of the cookies back and thus enables the user to be identified. Third-party technologies such as scripts, pixels and tags, which Engel & Völkers integrates for advertising purposes, also set cookies on your end device.

Certain cookies are automatically deleted at the end of the browser session (so-called session cookies), others are stored in the user’s browser for a specified time or permanently and then delete themselves automatically (so-called temporary or permanent cookies).

Which cookies does Engel & Völkers use in general?

Depending on their function and purpose, cookies are divided into various categories by Engel & Völkers.

« Essential » and « functional » cookies are required to enable Engel & Völkers to provide the online offering in a secure and user-friendly manner. This category includes, for example:

• cookies that serve to identify or authenticate our users and
• cookies that temporarily store certain user entries.

These cookies enable you to navigate through the Engel & Völkers online offers and use the functions as desired. Without these cookies, the essential services of Engel & Völkers cannot be provided. They are only used when you visit our online offers and are usually deleted after closing your browser. They are also used to retrieve the optimised website display when accessed with a mobile device so that your data volume is not unnecessarily depleted.

The legal basis for setting these cookies is the legitimate interest of Engel & Völkers that online services can be used securely and easily and that the quality of the online services and content is constantly improved.

No consent is required for the use of « essential » and « functional » cookies. They cannot be deactivated.

Engel & Völkers also uses cookies for analytical (« analytical cookies ») and advertising purposes (« advertising » cookies). Engel & Völkers uses the profiles created with the help of these cookies for statistical information on the use of Engel & Völkers online services and to display advertising or offers which are tailored to your interests (« interest-based advertising »).

The legal basis for the use of these cookies is your consent.

Which cookies does Engel & Völkers use in particular?

You can find out which cookies Engel & Völkers uses in particular via this link .

This list also contains the duration of the storage and other helpful information.

How can you manage and prevent the use of cookies or delete cookies?

You can use Engel & Völkers without « analytical » cookies, « advertising » cookies and other web tracking mechanisms. Please click on this link to disable these cookies and tracking mechanisms. In this case, only the “essential” and “functional“ cookies remain, which are necessary for the use of online offers.

You can also deactivate the storage of cookies via your browser settings and delete previously stored cookies in your browser at any time. Please note, however, that this online offer may not function or may only function to a limited extent without cookies.

We also recommend that you visit the website of www.YourOnlineChoices.com, where you can obtain information and assistance in connection with web tracking mechanisms.

A central opt-out option for various tools, in particular from US American providers, is also available at the following link: optout.networkadvertising.org.

Links to social media pages

This website contains links to the main social media network sites (e.g. Facebook and Twitter). These are not embedded social media plug-ins, but a link through which no personal data is transmitted to the social media operators.

Rights of data subjects

You have the right to information on the processing of your personal data (for example, the origin of this data, the processing purpose, the modalities of the data processing). Under certain conditions, you are also entitled to object to data processing in the future, to restrict it or to request that the data be deleted. Finally, you can prevent the sending of advertising material or the implementation of market research or commercial communications at any time.

In summary, you have a right to

• information,
• correction,
• deletion (or to be forgotten),
• limitation of processing,
• data portability,
• objection to the processing of your personal data,
• complaint to the supervisory authorities.

Please note that your right to deletion is subject to certain restrictions. For instance, we need not or may not delete any data which we need to retain for a further period under a statutory retention period. Data needed by us for the establishment, exercise or defence of legal claims are also excepted from your right to deletion.

To exercise the above rights and to request information, users may write to the following e-mail address [email protected] or postal address Mazal Realty S.L., CN 340, Km 192, C.C. Elviria, Local 10, 29604 Marbella, Málaga, Spain. Similarly, users may at any time revoke consent to, correct and delete the processing of their data.

Contacts

The responsible authority for the processing of data is Mazal Realty S.L., CN 340, Km 192, C.C. Elviria, Local 10, 29604 Marbella, Málaga, Spain. In the event of questions regarding our data processors, we are happy to make a current list of these available to you.

If you have questions about this data protection declaration or about data protection, please contact the data protection officer at Engel & Völkers: Alberto Urbano Moreno, en Urb. Marbella Real, Oficina A 11, 29602 Marbella – Málaga, Tel.: +34 952860125, [email protected]

If you have a complaint regarding the way that we process your data, you have the opportunity to submit a complaint to the Spanish Data Protection Agency. This is:

Agencia Española de Protección de datos
C/ Jorge Juan, 6
28001-Madrid

http://www.agpd.es/portalwebAGPD/CanalDelCiudadano/contacteciudadano/index-ides-idphp.php

Data protection information in connection with a search or marketing agreement

This data protection information is valid from 23rd May 2018.

Mazal Realty S.L., in its function of responsible authority (also « Engel & Völkers » in the following) informs its customers and stakeholders about the personal data regularly gathered in connection with a contractual relationship or pre-contractual relationships. These specifically include:

• first name, surname, title, address, phone number, information regarding desired property (in the case of property search) or (in the case of property marketing) information about the property;
• e-mail address, if you have consented to receiving promotional information, particularly the offer of properties;
• as well as (if there is a purchase/sale or rental of property) bank details, information on identity, copy of ID (when buying a property) as well as land register, electricity, oil and/or gas bills, general direct cost statements, purchase contract (when selling a property) or (if there is a rental of a property) bank details, information on identity, CV, proof of income, proof of creditworthiness, rental contract.

In the following, this data is referred to as “data” or “personal data”.

Purpose of processing

Engel & Völkers, as a responsible authority, processes the personal data for the following purposes:

• Fulfilment of a contractual relationship by independent property consultants, including invoicing and credit checks (the legal basis is GDPR Articles 6(1)(b) and also 6(1)(f); Engel & Völkers’ legitimate interest in connection with the disclosure of data to independent property consultants stems from the freedom to fulfil contractual obligations by means of independent brokers or sub-brokers. The legitimate interest in the performance of credit checks follows from the legitimate interest in protection from bad debts);
• Promotional information about property marketed by Engel & Völkers or licensees in the Engel & Völkers network (legal basis is GDPR Article 6 (1) (f); Engel & Völkers’ legitimate interest arises from the processing of personal data for the purposes of direct advertising).

Disclosure of data

If your query relates to offers from other companies of the Engel & Völkers Group, Engel & Völkers transfers the personal data entered by you in this case to the respective company from the Engel & Völkers Group with your prior consent. Please also familiarise yourself with our information on referral at the end of our data protection information.

Furthermore, your personal data is only passed on by Engel & Völkers as part of fulfilling the contractual relationship, if necessary, after prior consent from you. In particular, there is a disclosure of the data to your contractual partners or potential contractual partners, notaries and land registries. In this connection, Engel & Völkers is also subject to the German Money Laundering Act and may be obligated to disclose your data to regulatory authorities. In addition, your data will be disclosed to Engel & Völkers’ independent property consultants.

Access to data

The personal data is processed by Engel & Völkers and (in respect of individual items) particularly by

• Employees (permanent employees and independent property consultants) and consultants that make the offered services available;
• Third-party supplier companies (e.g. IT service providers, hosting providers or shipping companies) to which Engel & Völkers has outsourced services for processing operations as part of a job processing agreement.

Disclosure of data in non-EEA countries

Engel & Völkers will not transfer any personal data to non-EEA countries without your consent. The servers used by Engel & Völkers are located within the European Union.

If your query relates to companies of the Engel & Völkers Group outside the European Union, we will transfer your data after obtaining your consent.

In cases where personal data is transferred to countries that do not offer the same level of protection as within the European Union and you have not expressly agreed to the transfer of your data to those countries by way of your consent, Engel & Völkers will ensure that certain contractual obligations under applicable data protection law (including the execution of standard contractual clauses approved by the European Union) are agreed with each service provider unless Engel & Völkers can invoke other legal grounds for the transfer of personal data.

Saving and deleting of data

Engel & Völkers saves personal data in connection with a contractual relationship for the duration of the retention period arising from the legal provisions. Furthermore, Engel & Völkers saves its data in connection with the receipt of commercial information until the withdrawal of your consent from Engel & Völkers.

Rights of data subjects

You have the right to information on the processing of your personal data (for example, the origin of this data, the processing purpose, the modalities of the data processing). Under certain conditions, you are also entitled to revoke your consent to data processing in the future, to restrict it or to request that the data be deleted. Finally, you can prevent the sending of advertising material or the implementation of market research or commercial communications at any time.

In summary, you have a right to

• information,
• correction,
• deletion (or to be forgotten),
• limitation of processing,
• data portability,
• objection to the processing of your personal data,
• complaint to the supervisory authorities.

Please note that your right to deletion is subject to certain restrictions. For instance, we need not or may not delete any data which we need to retain for a further period under a statutory retention period. Data needed by us for the establishment, exercise or defence of legal claims are also excepted from your right to deletion.

To exercise the above rights and to request information, you may write to the following e-mail address [email protected] or postal address Mazal Realty S.L., CN 340, Km 192, C.C. Elviria, Local 10, 29604 Marbella, Málaga, Spain.

Contacts

The responsible authority for the processing of data is Mazal Realty S.L., CN 340, Km 192, C.C. Elviria, Local 10, 29604 Marbella, Málaga, Spain. In the event of questions regarding our data processors, we are happy to make a current list of these available to you.

If you have questions about this data protection declaration or about data protection, please contact the data protection officer at Engel & Völkers:
Alberto Urbano Moreno, en Urb. Marbella Real, Oficina A 11, 29602 Marbella – Málaga, Tel.: +34 952860125, [email protected]

If you have a complaint regarding the way that we process your data, you have the opportunity to submit a complaint to the Spanish Data Protection Agency. This is:

Agencia Española de Protección de datos
C/ Jorge Juan, 6
28001-Madrid
http://www.agpd.es/portalwebAGPD/CanalDelCiudadano/contacteciudadano/index-ides-idphp.php

Data protection information in connection with telephone contact, contact via the Internet or contacting us in our shop or at marketing events

This data protection information is valid from 23rd May 2018.

Mazal Realty S.L., in its function of responsible authority (also « Engel & Völkers » in the following) informs its customers and stakeholders about the personal data that is regularly collected when making contact. These specifically include:

• first name, surname, title, address, phone number, information regarding desired property (in the case of property search) or (in the case of property marketing) information about the property;
• e-mail address, if you have consented to receiving promotional information, particularly the offer of properties;

In the following, this data is referred to as “data” or “personal data”.

Purpose of processing

Engel & Völkers, as a responsible authority, processes the personal data for the following purposes:

• Fulfilment of a pre-contractual relationship by independent property consultants (the legal basis is GDPR Articles 6(1)(b) and also 6(1)(f); Engel & Völkers’ legitimate interest in connection with the disclosure of data to independent property consultants stems from the freedom to fulfil contractual obligations by means of independent brokers or sub-brokers.
• Promotional information about property marketed by Engel & Völkers or licensees in the Engel & Völkers network (legal basis is GDPR Article 6 (1) (f); Engel & Völkers’ legitimate interest arises from the processing of personal data for the purposes of direct advertising).

Disclosure of data

If your query relates to offers from other companies of the Engel & Völkers Group, Engel & Völkers transfers the personal data entered by you in this case to the respective company from the Engel & Völkers Group with your prior consent. Please also familiarise yourself with our information on referral at the end of our data protection information.

Furthermore, your personal data is only passed on by Engel & Völkers as part of fulfilling the contractual relationship and only after prior consent from you. In particular, there is a disclosure of the data to your potential contractual partners, notaries and land registries. In this connection, Engel & Völkers is also subject to the German Money Laundering Act and may be obligated to disclose your data to regulatory authorities. In addition, your data will be disclosed to Engel & Völkers’ independent property consultants.

Access to data

The personal data is processed by Engel & Völkers and (in respect of individual items) particularly by

• Employees (permanent employees such as job-holders and independent property consultants) and consultants that make the offered services available;
• Third-party supplier companies (e.g. IT service providers, hosting providers or shipping companies) to which Engel & Völkers has outsourced services for processing operations as part of a job processing agreement.

Disclosure of data in non-EEA countries

Engel & Völkers will not transfer any personal data to non-EEA countries without your consent. The servers used by Engel & Völkers are located within the European Union.

If your query relates to companies of the Engel & Völkers Group outside the European Union, we will transfer your data after obtaining your consent.

In cases where personal data is transferred to countries that do not offer the same level of protection as within the European Union and you have not expressly agreed to the transfer of your data to those countries by way of your consent, Engel & Völkers will ensure that certain contractual obligations under applicable data protection law (including the execution of standard contractual clauses approved by the European Union) are agreed with each service provider unless Engel & Völkers can invoke other legal grounds for the transfer of personal data.

Saving and deleting of data

Engel & Völkers stores personal data in connection with a pre-contractual relationship for the duration necessary for the fulfilment of the pre-contractual relationship, for the duration of any retention period arising from the legal provisions, or for the duration required to pursue legal claims. Furthermore, Engel & Völkers saves its data in connection with the receipt of commercial information until the withdrawal of your consent from Engel & Völkers.

Rights of data subjects

You have the right to information on the processing of your personal data (for example, the origin of this data, the processing purpose, the modalities of the data processing). Under certain conditions, you are also entitled to revoke your consent to data processing in the future, to restrict it or to request that the data be deleted. Finally, you can prevent the sending of advertising material or the implementation of market research or commercial communications at any time.

In summary, you have a right to

• information,
• correction,
• deletion (or to be forgotten),
• limitation of processing,
• data portability,
• objection to the processing of your personal data,
• complaint to the supervisory authorities.

Please note that your right to deletion is subject to certain restrictions. For instance, we need not or may not delete any data which we need to retain for a further period under a statutory retention period. Data needed by us for the establishment, exercise or defence of legal claims are also excepted from your right to deletion.

To exercise the above rights and to request information, you may write to the following e-mail address [email protected] or postal address Mazal Realty S.L., CN 340, Km 192, C.C. Elviria, Local 10, 29604 Marbella, Málaga, Spain.

Contacts

The responsible authority for the processing of data is Mazal Realty S.L., CN 340, Km 192, C.C. Elviria, Local 10, 29604 Marbella, Málaga, Spain. In the event of questions regarding our data processors, we are happy to make a current list of these available to you.

If you have questions about this data protection declaration or about data protection, please contact the data protection officer at Engel & Völkers:
Alberto Urbano Moreno, en Urb. Marbella Real, Oficina A 11, 29602 Marbella – Málaga, Tel.: +34 952860125, [email protected]

If you have a complaint regarding the way that we process your data, you have the opportunity to submit a complaint to the Spanish Data Protection Agency. This is:
Agencia Española de Protección de datos
C/ Jorge Juan, 6
28001-Madrid
http://www.agpd.es/portalwebAGPD/CanalDelCiudadano/contacteciudadano/index-ides-idphp.php

Data protection information in connection with a contact by means of a postcard

This data protection information is valid from 23rd May 2018 .

Mazal Realty S.L., in its function of responsible authority (also « Engel & Völkers » in the following) informs its customers and stakeholders about the personal data collected in connection with a contact by means of a postcard. These specifically include:

• first name, surname, title, address, phone number, information regarding desired property (in the case of property search) or (in the case of property marketing) information about the property;
• e-mail address, if you have consented to receiving advertising information, particularly property offers, or receiving regular electronic newsletters or job offers;

In the following, this data is referred to as “data” or “personal data”.

Purpose of processing

Engel & Völkers, as a responsible authority, processes the personal data for the following purposes:

• Fulfilment of a contractual relationship by independent property consultants, including invoicing and credit checks (the legal basis is GDPR Articles 6(1)(b) and also 6(1)(f); Engel & Völkers’ legitimate interest in connection with the disclosure of data to independent property consultants stems from the freedom to fulfil contractual obligations by means of independent brokers or sub-brokers. The legitimate interest in the performance of credit checks follows from the legitimate interest in protection from bad debts.)
• Promotional information about property marketed by Engel & Völkers or licensees in the Engel & Völkers network (legal basis is GDPR Article 6 (1) (f); Engel & Völkers’ legitimate interest arises from the processing of personal data for the purposes of direct advertising).
• Promotional information about job offers by Engel & Völkers or licensees in the Engel & Völkers network (legal basis is GDPR Article 6 (1) (a) and (f); Engel & Völkers’ legitimate interest arises from the processing of personal data for the purposes of direct advertising.)

With regard to commissions for marketing a property or searching for a property, Engel & Völkers will store your personal data in the same way as described under “Visit to one of our shops”.

Access to data

The personal data is processed by Engel & Völkers and (in respect of individual items) particularly by

• Employees (permanent employees and independent property consultants) and consultants that make the offered services available;
• Third-party supplier companies (e.g. IT service providers, hosting providers or shipping companies) to which Engel & Völkers has outsourced services for processing operations as part of a job processing agreement.

Disclosure of data in non-EEA countries

Engel & Völkers will not transfer any personal data to non-EEA countries without your consent. The servers used by Engel & Völkers are located within the European Union.

If your query relates to companies of the Engel & Völkers Group outside the European Union, we will transfer your data after obtaining your consent.

In cases where personal data is transferred to countries that do not offer the same level of protection as within the European Union and you have not expressly agreed to the transfer of your data to those countries by way of your consent, Engel & Völkers will ensure that certain contractual obligations under applicable data protection law (including the execution of standard contractual clauses approved by the European Union) are agreed with each service provider unless Engel & Völkers can invoke other legal grounds for the transfer of personal data.

Saving and deleting of data

Engel & Völkers saves its data in connection with the receipt of commercial information until the withdrawal of your consent from Engel & Völkers.

Rights of data subjects

You have the right to information on the processing of your personal data (for example, the origin of this data, the processing purpose, the modalities of the data processing). Under certain conditions, you are also entitled to revoke your consent to data processing in the future, to restrict it or to request that the data be deleted. Finally, you can prevent the sending of advertising material or the implementation of market research or commercial communications at any time.

In summary, you have a right to

• information,
• correction,
• deletion (or to be forgotten),
• limitation of processing,
• data portability,
• objection to the processing of your personal data,
• complaint to the supervisory authorities.

To exercise the above rights and to request information, you may write to the following e-mail address [email protected] or postal address Mazal Realty S.L., CN 340, Km 192, C.C. Elviria, Local 10, 29604 Marbella, Málaga, Spain.

Contacts

The responsible authority for processing of data is Mazal Realty S.L., CN 340, Km 192, C.C. Elviria, Local 10, 29604 Marbella, Málaga, Spain. In the event of questions regarding our data processors, we are happy to make a current list of these available to you.

If you have questions about this data protection declaration or about data protection, please contact the data protection officer at Engel & Völkers:
Alberto Urbano Moreno, en Urb. Marbella Real, Oficina A 11, 29602 Marbella – Málaga, Tel.: +34 952860125, [email protected]

If you have a complaint regarding the way that we process your data, you have the opportunity to submit a complaint to the Spanish Data Protection Agency. This is:
Agencia Española de Protección de datos
C/ Jorge Juan, 6
28001-Madrid
http://www.agpd.es/portalwebAGPD/CanalDelCiudadano/contacteciudadano/index-ides-idphp.php

Data protection information in connection with a joint search for a property within the Engel & Völkers licensee network (referral)

This data protection information is valid from 23rd May 2018 .

Mazal Realty S.L., (hereinafter also referred to as « Engel & Völkers« ) has received your personal data from a company within the Engel & Völkers licensee network. Disclosure of your personal data has been done on the basis of your consent.

As we are now processing personal data about you, we are hereby informing you pursuant to GDPR Article 14:

In our function as responsible authority, we inform the customers and stakeholders referred to us about the processing of personal data arising from a joint search by Engel & Völkers licensees. We collect and process in particular:

• first name, surname, title, address, phone number, information regarding desired property (in the case of property search) or (in the case of property marketing) information about the property;
• e-mail address, if you have given your consent to us for receiving promotional information, particularly the offer of properties;
• as well as (if there is a purchase/sale or rental of property) bank details, information on identity, copy of ID (when buying a property) as well as land register, electricity, oil and/or gas bills, general direct cost statements, purchase contract (when selling a property) or (if there is a rental of a property) bank details, information on identity, CV, proof of income, proof of creditworthiness, rental contract.

In the following, this data is referred to as “data” or “personal data”.

Purpose of processing

Engel & Völkers, as a responsible authority, processes the personal data for the following purposes:

• Fulfilment of a contractual relationship by independent property consultants, including invoicing and credit checks (the legal basis is GDPR Articles 6(1)(b) and also 6(1)(f); Engel & Völkers’ legitimate interest in connection with the disclosure of data to independent property consultants stems from the freedom to fulfil contractual obligations by means of independent brokers or sub-brokers. The legitimate interest in the performance of credit checks follows from the legitimate interest in protection from bad debts);
• Promotional information about property marketed by Engel & Völkers or licensees in the Engel & Völkers network (legal basis is GDPR Article 6 (1) (f); Engel & Völkers’ legitimate interest arises from the processing of personal data for the purposes of direct advertising).

Disclosure of data

Your personal data are only passed on by Engel & Völkers as part of fulfilling the contractual relationship and only after prior consent from you. In particular, there is a disclosure of the data to your contractual partners or potential contractual partners, notaries and land registries. In this connection, Engel & Völkers is also subject to the German Money Laundering Act and may be obligated to disclose your data to regulatory authorities. In addition, your data will be disclosed to Engel & Völkers’ independent property consultants.

Access to data

The personal data is processed by Engel & Völkers and (in respect of individual items) particularly by

• Employees (permanent employees such as job-holders and independent property consultants) and consultants that make the offered services available;
• Third-party supplier companies (e.g. IT service providers, hosting providers or shipping companies) to which Engel & Völkers has outsourced services for processing operations as part of a job processing agreement.

Disclosure of data in non-EEA countries

Engel & Völkers will not transfer any personal data to non-EEA countries without your consent. The servers used by Engel & Völkers are located within the European Union.

If your query relates to companies of the Engel & Völkers Group outside the European Union, we will transfer your data after obtaining your consent.

In cases where personal data is transferred to countries that do not offer the same level of protection as within the European Union and you have not expressly agreed to the transfer of your data to those countries by way of your consent, Engel & Völkers will ensure that certain contractual obligations under applicable data protection law (including the execution of standard contractual clauses approved by the European Union) are agreed with each service provider unless Engel & Völkers can invoke other legal grounds for the transfer of personal data.

Saving and deleting of data

Engel & Völkers saves personal data in connection with a contractual relationship for the duration of the retention period arising from the legal provisions.

Furthermore, Engel & Völkers saves its data in connection with the receipt of commercial information until the withdrawal of your consent from Engel & Völkers.

Rights of data subjects

You have the right to information on the processing of your personal data (for example, the origin of this data, the processing purpose, the modalities of the data processing). Under certain conditions, you are also entitled to revoke your consent to data processing in the future, to restrict it or to request that the data be deleted. Finally, you can prevent the sending of advertising material or the implementation of market research or commercial communications at any time.

In summary, you have a right to

• information,
• correction,
• deletion (or to be forgotten),
• limitation of processing,
• data portability,
• objection to the processing of your personal data,
• complaint to the supervisory authorities.

Please note that your right to deletion is subject to certain restrictions. For instance, we need not or may not delete any data which we need to retain for a further period under a statutory retention period. Data needed by us for the establishment, exercise or defence of legal claims are also excepted from your right to deletion.

To exercise the above rights and to request information, you may write to the following e-mail address [email protected] or postal address Mazal Realty S.L., CN 340, Km 192, C.C. Elviria, Local 10, 29604 Marbella, Málaga, Spain.

Contacts

The responsible authority for the processing of data is Mazal Realty S.L., CN 340, Km 192, C.C. Elviria, Local 10, 29604 Marbella, Málaga, Spain. In the event of questions regarding our data processors, we are happy to make a current list of these available to you.

If you have questions about this data protection declaration or about data protection, please contact the data protection officer at Engel & Völkers:
Alberto Urbano Moreno, en Urb. Marbella Real, Oficina A 11, 29602 Marbella – Málaga, Tel.: +34 952860125, [email protected]

If you have a complaint regarding the way that we process your data, you have the opportunity to submit a complaint to the Spanish Data Protection Agency. This is:
Agencia Española de Protección de datos
C/ Jorge Juan, 6
28001-Madrid
http://www.agpd.es/portalwebAGPD/CanalDelCiudadano/contacteciudadano/index-ides-idphp.php

Data protection information in connection with an unsolicited application or an application based on a job advertisement

Mazal Realty S.L., (hereinafter referred to as “Engel & Völkers”), in its function of responsible authority, processes personal data as part of applicant management (hereinafter also referred to as “applicant process”).

Personal data includes e.g. the first name, surname, e-mail address, telephone number, CVs and other data and documents (hereinafter collectively referred to as “personal data”).

By taking part in the application process and sending us your application, you provide Engel & Völkers with your personal data.

Processing purpose

Engel & Völkers processes your personal data for the following purposes:

• Examination of the application in view of employment within our company (legal basis is the pre-contractual relationship under Art. 6(1) (b) GDPR or your consent under Art. 6(1)(a) GDPR, if you are using the global online job portal of Engel & Völkers AG.).
• Defence of any asserted legal claims arising from the application procedure against Engel & Völkers, if necessary (legal basis is the legitimate interest of Engel & Völkers to comply with its burden of proof in proceedings under the General Equal Treatment Act (AGG); Art. 6(1)(f) GDPR).
• Furthermore, Engel & Völkers processes your personal data on the basis of prior consent in order to inform you about interesting job offers. These job offers are made available to you from time to time by the specialist department of Engel & Völkers to which you have addressed your application.

Engel & Völkers requires your personal data to fulfil the above-mentioned processing purposes. You are free not to provide Engel & Völkers with any personal data whatsoever. In this case, you will not be able to participate in the application process for vacancies.

The requirement of data transmission and consequences if you revoke your consent to the processing of data

We process personal data only if necessary. The processing is either digital or in paper form. Furthermore, the processing of personal data includes, in particular, collecting, registering, managing, storing, changing, selecting, comparing, accessing and communicating the data.

Please note e-mails sent during the application process are not encrypted. If you do not want this, contact us by mail. Engel & Völkers handles your data with the utmost confidentiality and according to the legal data protection standards.

Access to personal data or disclosure of this data to third parties

Your personal data will be processed by the responsible employees of Engel & Völkers or comparable persons. These are:

• employees and consultants who are responsible for the candidate process (such as employees of the human resources department of Engel & Völkers as the responsible authority;
• administrators and other trusted IT support staff who are authorised and required to provide technical support to the application process (e.g. user support staff or IT staff);
• third parties (e.g. IT service providers or hosting providers) to whom Engel & Völkers has outsourced tasks. These are considered “processors”.

Otherwise, your data will not be disclosed to third parties.

If you have applied through the global online job portal of Engel & Völkers AG, your application documents have been sent to us by Engel & Völkers AG. How Engel & Völkers AG processes your personal data was disclosed during the application process and can be viewed at any time in the global online job portal on the corresponding Engel & Völkers AG website.

Disclosure of data in non-EEA countries

Engel & Völkers will not transfer any personal data to non-EEA countries without your consent. The servers used by Engel & Völkers are located within the European Union.

If your query relates to companies of the Engel & Völkers Group outside the European Union, we will transfer your data after obtaining your consent.

In cases where personal data is transferred to countries that do not offer the same level of protection as within the European Union and you have not expressly agreed to the transfer of your data to those countries by way of your consent, Engel & Völkers will ensure that certain contractual obligations under applicable data protection law (including the execution of standard contractual clauses approved by the European Union) are agreed with each service provider unless Engel & Völkers can invoke other legal grounds for the transfer of personal data.

Saving and deleting of data

Engel & Völkers processes your personal data only as long as it is necessary to achieve the processing purpose – however, for a maximum period of 6 months after an application was rejected. After completion of the application process, or if you object to the data processing, we also delete your data. The deletion takes place in accordance with the legal requirements. Only if you have given your consent that we should send you details of other interesting job offers, the data will not be deleted until you revoke your consent. When an employment contract is concluded, we save your applicant data within the framework of the contractual relationship.

Rights of data subjects

You have the right to information on the processing of your personal data (for example, the origin of this data, the processing purpose, the modalities of the data processing). Under certain conditions, you are also entitled to revoke your consent to data processing in the future, to restrict it or to request that the data be deleted. Finally, you can prevent the sending of advertising material or the implementation of market research or commercial communications at any time.

In summary, you have a right to

• information,
• correction,
• deletion (or to be forgotten),
• limitation of processing,
• data portability,
• objection to the processing of your personal data,
• complaint to the supervisory authorities.

Please note that your right to deletion is subject to certain restrictions. For instance, we need not or may not delete any data which we need to retain for a further period under a statutory retention period. Data needed by us for the establishment, exercise or defence of legal claims are also excepted from your right to deletion.

To exercise the above rights and to request information, you may write to the following e-mail address [email protected] or postal address Mazal Realty S.L., CN 340, Km 192, C.C. Elviria, Local 10, 29604 Marbella, Málaga, Spain.

Contacts

The responsible authority for the processing of data is Mazal Realty S.L., CN 340, Km 192, C.C. Elviria, Local 10, 29604 Marbella, Málaga, Spain.

If you have questions about this data protection declaration or about data protection, please contact the data protection officer at Engel & Völkers:
Alberto Urbano Moreno, en Urb. Marbella Real, Oficina A 11, 29602 Marbella – Málaga, Tel.: +34 952860125, [email protected]

If you have a complaint regarding the way that we process your data, you have the opportunity to submit a complaint to the Spanish Data Protection Agency. This is:
Agencia Española de Protección de datos
C/ Jorge Juan, 6
28001-Madrid
http://www.agpd.es/portalwebAGPD/CanalDelCiudadano/contacteciudadano/index-ides-idphp.php

Data collected when visiting our website

Regarding the data collected during your visit to our website, please read the details in the section “You are visiting our website or the property app” in our data protection information.