Privacy Policy
1. Data controller
In compliance with Regulation (EU) 2016/679, General Data Protection Regulation, and Organic Law 3/2018, on the Protection of Personal Data and guarantee of digital rights, the user is informed that the personal data provided through this website, by email, phone, WhatsApp or other contact channels will be processed by:
- Data controller: Gelabert Homes Real Estate
- Activity: Online Real Estate
- Scope of action: Malaga and Costa del Sol
- Contact email: [email protected]
- Phone: +34 611 89 88 27
2. What data we process
Gelabert Homes Real Estate may process, as the case may be, the following categories of personal data:
- Identifying data: name, surname, ID card (DNI/NIE), passport.
- Contact data: email, phone and, if applicable, postal address.
- Data relating to the property: location, characteristics, price, images, documentation and details related to the operation.
- Economic, labor and solvency data: employment contract, pay slips, tax return, work history and similar documentation necessary to evaluate applications or process operations.
- Data derived from the commercial or contractual relationship.
- Data contained in queries, emails, calls, forms or messages sent by the user.
- Browsing data, as indicated in the Cookies Policy.
3. Purposes of processing
Personal data will be processed for the following purposes:
a) Handling of inquiries
Handle requests for information, resolve inquiries and manage contact with users interested in properties or real estate services.
b) Management of real estate services
Manage services related to real estate brokerage, both in rental and purchase-sale, as well as the relationship with owners, buyers, sellers, lessors, lessees or interested parties.
c) Pre-contractual and contractual management
Process reservations, visits, offers, applications, deposits, contracts, annexes and other necessary actions before or during a real estate operation.
d) Solvency study
Request, review and assess identifying, economic and labor documentation to analyze the capacity and solvency of a person interested in a real estate operation.
e) Publication and promotion of properties
Manage the promotion and dissemination of properties on the own website and on real estate portals such as Idealista, Fotocasa, Pisos.com or other similar ones.
f) Commercial follow-up
Maintain communications related to properties of interest, real estate opportunities, visits, availability and professional follow-up of operations.
g) Compliance with legal obligations
Comply with legal, administrative, tax, accounting obligations or attend requirements from competent authorities.
4. Legal basis for processing
The legal basis for the processing of personal data will be, as the case may be:
- The consent of the data subject, when voluntarily providing their data or accepting specific treatments.
- The application of pre-contractual measures, when processing is necessary to attend to a request from the data subject before formalizing an operation.
- The execution of a contractual relationship, when processing is necessary to provide a service or manage a real estate operation.
- Compliance with legal obligations, when there is an applicable regulatory obligation.
- Legitimate interest, when necessary for the professional management of the activity, the security of the website or the defense against claims, always within legal limits.
5. Mandatory or optional nature of the data
The data requested in forms or management processes may be mandatory or voluntary. Mandatory fields will be necessary to attend to the request, manage a visit, study an application or process an operation. Refusal to provide certain data may prevent the correct provision of the service or the handling of the user's request.
6. Data retention
Personal data will be kept for the time necessary to fulfill the purpose for which it was collected and, subsequently, for the legally required periods or those necessary to attend to possible responsibilities. In general:
- Inquiry data will be kept for the time necessary for its management and reasonable follow-up.
- Data linked to real estate operations will be kept while the pre-contractual or contractual relationship exists and for the applicable legal periods.
- Solvency documentation will be kept for the time strictly necessary to evaluate the application and, if applicable, during the duration of the relationship and the periods of responsibility.
- Data for commercial communications will be kept until the user withdraws their consent or objects to the processing.
- Data subject to legal obligation will be kept for the periods required by the corresponding regulations.
7. Data recipients
Personal data may be communicated or accessible, when necessary, to:
- owners, lessors, lessees, buyers, sellers or interested parties involved in the operation,
- real estate portals and property publication platforms,
- agencies, consultancies, law firms, notaries, registries, financial or insurance entities, where applicable,
- technological and service providers acting as data processors,
- public administrations, courts, tribunals and competent authorities when there is a legal obligation.
Personal data will not be sold to third parties.
8. International data transfers
In case of using technological tools, platforms or providers located outside the European Economic Area or with infrastructures located outside said space, Gelabert Homes Real Estate will adopt the adequate guarantees required by current regulations.
9. User rights
The user can exercise the following rights at any time:
- Right of access.
- Right of rectification.
- Right of erasure (deletion).
- Right to object.
- Right to restriction of processing.
- Right to data portability, where applicable.
- Right to withdraw consent at any time.
- Right not to be subject to automated decisions, where applicable.
To exercise these rights, the user may send a request to: [email protected] The request must identify the applicant and clearly indicate the right they wish to exercise. When necessary, reasonable additional information may be requested to verify the applicant's identity.
10. Right to claim before the control authority
If the user considers that their data is not being processed in accordance with current regulations, they may file a complaint with the Spanish Data Protection Agency.
11. Commercial communications
Gelabert Homes Real Estate may send commercial communications related to properties, services or news in the sector when there is user consent or a sufficient legal basis. The user may object to the sending of commercial communications at any time by request addressed to [email protected].
12. Social networks, messaging and external portals
Gelabert Homes Real Estate may use social networks, instant messaging and real estate portals as communication and promotion channels. User interaction through these platforms will also be subject to the conditions and privacy policies of each of them.
13. Security
Gelabert Homes Real Estate adopts reasonable technical and organizational measures to protect personal data against loss, unauthorized access, alteration or improper treatment. However, the user should be aware that absolute security on the Internet cannot be guaranteed.
14. Minors
This website and the services of Gelabert Homes Real Estate are not specifically addressed to minors. In case of providing data of minors, it must be done by whoever holds their legal representation, when legally appropriate.
15. Cookies
This website may use its own and third-party cookies. For more information, the user can consult the corresponding Cookies Policy.
16. Changes to this policy
Gelabert Homes Real Estate reserves the right to modify this Privacy Policy to adapt it to new legislation, criteria of control authorities or changes in its activity.
17. Contact
For any query related to this Privacy Policy, you can contact at:
- Gelabert Homes Real Estate
- Email: [email protected]
- Phone: +34 611 89 88 27
