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Legal Advice and Privacy Policy

Terms and Conditions of Use

In compliance with the Law 34/2002, dated 11 July, on Information Society and Electronic Commerce (LSSI-CE), BALEARIC PROPERTIES REAL ESTATE SL hereby notifies that it owns the website www.balearic-properties.com/es. In accordance with the requirements of Article 10 of the afore-mentioned Law, BALEARIC PROPERTIES REAL ESTATE SL notifies the following information:

The owner of this website is BALEARIC PROPERTIES REAL ESTATE SL, with tax identification number B57416752 and registered office at VIA POLLENTIA 3 07460, POLLENÇA (ILLES BALEARS),   registered in Companies’ House in Volume 2206, sheet 103 and under registration number PM54502 The address for contacting the company is: gruenewald@balearic-properties.com

Users and liability

Browsing on, access to and use of the BALEARIC PROPERTIES REAL ESTATE SL  website confers user status on users, which means they accept, when browsing on the BALEARIC PROPERTIES REAL ESTATE SL  website, all terms and conditions of use set forth herein, which apply regardless of the legal regulations on matters that apply to each case.

BALEARIC PROPERTIES REAL ESTATE SL website provides a wide range of information, services and data. Users are responsible for the correct use of the website. This responsibility includes:

Links policy and extension of liability

BALEARIC PROPERTIES REAL ESTATE SL cannot be held liable for the content of websites that users can access through the links provided on its own website and states that under no circumstances will it examine or exercise any control over the content of other websites. Nor does it guarantee the technical availability, accuracy, reliability, validity or legality of websites that it does not own but which may be accessed through links on its own website. BALEARIC PROPERTIES REAL ESTATE SL declares that is has taken all necessary measures to avoid any damages to users of its website that may arise from browsing on its website. Consequently, BALEARIC PROPERTIES REAL ESTATE SL is not liable under any circumstances for any damages caused to the user through browsing on the Internet.

Modifications

BALEARIC PROPERTIES REAL ESTATE SL reserves the right to make any changes it deems appropriate, without prior notice, to the content of the website. This refers both to the content of the website, the terms and conditions of use of the website and the general purchasing conditions. Such modifications may be made via the website, in any way legally admissible, and shall be enforceable during the time they are posted on the website, or until they are validly amended by subsequent modifications.

Intellectual property

BALEARIC PROPERTIES REAL ESTATE SL by itself or as an assignee, is the owner of all intellectual and industrial property rights in their website, as well as for all elements contained in the same (but not limited to, images, sound, audio, video, software or texts; trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs needed for its operation, access and use, etc. ), ownership of BALEARIC PROPERTIES REAL ESTATE SL . Will, therefore, works protected as intellectual property of the Spanish legal system, benefitting both the applicable regulations and Spanish community in this field, such as the international treaties relating to the subject matter and signed by Spain. 

All rights reserved. Under the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, is expressly prohibited the reproduction, distribution and communication to the public, including its mode of making available, all or part of the contents of this web site for commercial purposes, in any medium and by any technical means, without the authorization of BALEARIC PROPERTIES REAL ESTATE SL.  
The user undertakes to respect the rights of Intellectual and Industrial Property ownership of BALEARIC PROPERTIES REAL ESTATE SL. You can view the elements of the portal and even print them, copy them and store them on your computer's hard drive or any other physical support, as long as they are solely and exclusively for your personal and private use. The user shall refrain from deleting, altering, evade or manipulate any protection device or security system that was installed in the pages of BALEARIC PROPERTIES REAL ESTATE SL.

LEGAL ACTION, APPLICABLE LAW AND JURISDICTION   BALEARIC PROPERTIES REAL ESTATE SL also reserves the right to file civil or criminal actions deemed appropriate for the misuse of its website and content thereof, or for the breach of these terms and conditions.

The relationship between the user and the service provider shall be regulated by existing Spanish laws and the law courts of SPAIN. In the event of any dispute that may arise both parties shall submit their claims to arbitration panels or to an ordinary court of law, complying with regulations on jurisdiction and competence. The official registered address of BALEARIC PROPERTIES REAL ESTATE SL is in ILLES BALEARS, Spain.  

BALEARIC PROPERTIES REAL ESTATE SL will implement the following actions:

Publications

Once the user has become a member of the BALEARIC PROPERTIES REAL ESTATE SL page, it can publish comments, links, pictures or photographs, or any other type of media supported by the Social Network. The user, under all circumstances, must be the owner thereof, and have the consent of affected third parties. Any publication on the page, including text, graphics, photographs, videos that threaten or are likely to undermine morals, ethics, good taste or decency, or that infringe, violate or breach intellectual or industrial property rights, picture copyright or the law, are expressly prohibited. In this instance, BALEARIC PROPERTIES REAL ESTATE SL reserves the right to immediately remove content and can request that the user is permanently blocked. BALEARIC PROPERTIES REAL ESTATE SL is not liable for material that has been freely published by a user.

The user should be aware that anything they publish will be visible to other users, and that the user is responsible for their own privacy. Any images published on the page will not be stored in any file by BALEARIC PROPERTIES REAL ESTATE SL but will remain on the Social Network.

Competitions and promotions

BALEARIC PROPERTIES REAL ESTATE SL reserves the right to run competitions and promotions, in which the user who has joined the page can participate. The rules and regulations for each competition or promotion, when the Social Network platform is used, will be published on the social network page. This will be implemented in compliance with the LSSI-CE and any other applicable regulations. Under no circumstances does the Social Network sponsor, endorse or administer any of our promotions; nor is it associated with any of them.

Advertising

BALEARIC PROPERTIES REAL ESTATE SL uses the Social Network to advertise their products and services, but in case it decides to process your contact details for direct marketing research actions, it will be undertaken in compliance with the legal requirements of the LOPD and LSSI-CE. Recommending the BALEARIC PROPERTIES REAL ESTATE SL page to other users so that they can take advantage of promotions or be informed of company activities is not considered to be advertising.

The Social Network privacy policy is outlined at the links below:

Clauses

LOPD and LSSI-CE clause

In accordance with the provisions of Law 15/1999, dated 13 December, on Personal Data Protection, you are hereby notified that your user details will be stored in a file that is the responsibility of BALEARIC PROPERTIES REAL ESTATE SL for the purpose of responding to requests and sending related advertising or promotional information that may be of interest, by email or any other means of electronic communication.  You can exercise your rights of access, cancellation, rectification and opposition by sending written notification to: VIA POLLENTIA 3 07460, POLLENÇA (ILLES BALEARS)

Unless informed otherwise, we understand that your user details have not been changed, that you agree to notify us of any change, and that we are authorised by you to process this data.

Furthermore, in accordance with the provisions of Law 34/2002, dated 11 July, on Information Society and Electronic Commerce Services, as set forth in article 21, we also require your express authorisation to send advertising on our products or promotions that we believe may be of interest, by email or any other means of electronic communication.

-I have read the above and agree to receive advertising or promotional information from BALEARIC PROPERTIES REAL ESTATE SL  □I have read the above and do not agree to receive advertising or promotional information from BALEARIC PROPERTIES REAL ESTATE SL    
Please note that you can revoke your authorisation for receiving commercial communications at any time by sending an e-mail to the following address: gruenewald@balearic-properties.com.

First name and last name or company name: Personal identification number or tax identification number:  
Signature:

Clause to be included in the web form and LSSI

In accordance with the provisions of Law 15/1999, dated 13 December, on Personal Data Protection, you are hereby notified that your user details will be stored in a file that is the responsibility of BALEARIC PROPERTIES REAL ESTATE SL for the purpose of responding to requests and sending related advertising or promotional information that may be of interest, by email or any other means of electronic communication.

You can exercise your rights of access, cancellation, rectification and opposition by sending written notification to: VIA POLLENTIA 3 07460, POLLENÇA (ILLES BALEARS)

Unless informed otherwise, we understand that your user details have not been changed, that you agree to notify us of any change, and that we are authorised by you to process this data.

Furthermore, in accordance with the provisions of Law 34/2002, dated 11 July, on Information Society and Electronic Commerce Services, as set forth in article 21, we also require your express authorisation to send advertising on our products or promotions that we believe may be of interest, by email or any other means of electronic communication.

- I have read the above and agree to receive advertising or promotional information from BALEARIC PROPERTIES REAL ESTATE SL   
- I have read the above and do not agree to receive advertising or promotional information from BALEARIC PROPERTIES REAL ESTATE SL

Please note that you can revoke your authorisation to receive commercial communications at any time by sending an e-mail to the following e-mail address: gruenewald@balearicproperties.com .

Clause to be included in the web form

In accordance with the provisions of Law 15/1999, dated 13 December, on Personal Data Protection, you are hereby notified that your user details will be stored in a file that is the responsibility of BALEARIC PROPERTIES REAL ESTATE SL for the purpose of responding to requests and sending related advertising that may be of interest.   You can exercise your rights of access, cancellation, rectification and opposition by sending written notification to: VIA POLLENTIA 3 07460, POLLENÇA (ILLES BALEARS)

Unless informed otherwise, we understand that your user details have not been changed, that you agree to notify us of any change, and that we are authorised by you to process this data.

By sending this data, users agree to the contents of this clause. 

Privacy

is committed to ensuring that your privacy is protected, and our use of your personal information is governed by this Privacy Notice. On this site, “Balearic Properties Real Estate S.L.”, “our” and “we” each mean all the companies in the Balearic Properties Real Estate S.L.-group (including Balearic Holiday Villas S.L.), which collect and use your information in the manner set out in this Privacy Notice. Any reference to “you” or “your” refers to anyone whose personal information we process.

1. Introduction

Our use of your personal data will be governed by this Privacy Notice.

Balearic Properties Real Estate S.L. is a controller for the personal information that it collects and uses about you. We will treat your personal information as confidential and in accordance with applicable data protection legislation and your personal information will only be shared with others in accordance with this Privacy Notice.

This Privacy Notice explains:
What personal information is
How we collect your personal information
The types of personal information we collect
How we use your personal information
The legal basis for processing your personal information
How we share your personal information
How long we keep your personal information
How we keep your personal information secure
Overseas transfers of your personal information
Your rights in relation to your personal information
How to make complaints and how to contact us

If there are any changes to the way in which your personal information is used, this Privacy Notice will be updated.

2. What is personal information

Personal information is any information that tells us something about you. This could include information such as name, contact details, date of birth, bank account details or any information about your needs or circumstances which would allow us to identify you.

Some personal information is classified as "special" data under data protection legislation. This includes information relating to health, racial or ethnic origin, religious beliefs or political opinions and sexual orientation. This information is more sensitive, and we need to have further justifications for collecting, storing and using this type of personal information. There are also additional restrictions on the circumstances in which we are permitted to collect and use criminal conviction data.
Any references to personal information in this privacy notice will include personal data, and where relevant, special categories of personal data.

3. What personal information do we collect?

We will collect your full name and contact details (such as phone number, email address and postal address) from you whenever you engage with us.
In addition, if we are providing a service to you, or on your behalf, where we are required to do so by law, we will collect information relating to your identity, which will be at least one form of photographic identification (such as a passport, a driving licence or an identification card) and one form of documentation with proof of your place of residence (such as a recent utility bill).

We will also confirm whether you have any relatives or close connections working at Balearic Properties Real Estate S.L. so that we can consider potential conflict of interests and if identified how to manage these, in accordance with our statutory and regulatory obligations.

Depending on the service that we provide to you (or on your behalf) we may also collect additional personal information as detailed below:

Buy, Sell, Let, Rent
If you are selling or letting a property through us:
We will collect a contact telephone number to get in touch with you about organising viewings and updating you on any offers received or rental applications for your property.
Where you are not the legal owner of the property we will request details from you as to your ability to sell or let the property such as a Power of Attorney, Guardianship Order or Grant of Probate.
We will collect your bank account details to arrange onward payment of rent due to you.

If you wish to rent a property we are listing:
Specific access requirements so that we can find a property that is suitable for your needs
Your bank / building / similar account details to allow us to manage an approved tenancy deposit account for you and to set up your rental payments.
If you are a tenant renting under Balearic Holiday Villas S.L. we will collect details of your Biometric residence card, your immigration status document and/or your birth certificate to carry out our required checks under this scheme
If you wish to purchase a property we are listing for sale where you have specifically provided us with these, we will collect personal information relating to any specific access requirements you may have in relation to a property so that we can find a property that is suitable for your needs. We will also collect personal information required to source a property for you and, where required, negotiate the purchase of a property on your behalf.

Property Management
Where we engage with you to manage property on your behalf we will ask for additional emergency contact information in case we need to get in touch with you outside of working hours or in the event there is a matter requiring your urgent attention. Where you engage us for portfolio management services we will share your personal information with third party lenders as is necessary to allow us to fulfil our obligations to you and to properly manage and advise you on your property investments.

Investment Management
Where you engage with Balearic Properties Real Estate S.L. or one of its subsidiaries as an individual investor we will collect information required to identify you to meet anti-money laundering and counter terrorist financing requirements. If the investor is an entity such as a company, trust or charity, we may need to collect personal information about the controllers and the beneficiaries of the entity.

Other
If you subscribe to receive research, news or other market updates from us, then in addition to the above we will collect details about the sector in which you work and the type of content that you would like to receive.

4. How we use your personal information

What is the legal basis of our data processing?

Under data protection legislation we are only permitted to use your personal information if we have a legal basis for doing so. We rely on the following legal bases to use your information;

For employment-related purposes
Where we need information to perform the contract we have entered into with you
Where we need to comply with a legal obligation
Where the processing is necessary for us to carry out activities for which it is in Balearic Properties Real Estate S.L.' legitimate interests (or those of a third party) to do so and provided that your interests and fundamental rights do not override those interests, including:
Processing that is necessary for us to promote our business, brands and products and measure the reach and effectiveness of our campaigns, – this will include sending you marketing information from time to time after you have engaged us to provide services or received services from us either which may be similar and of interest to you or where you have expressly indicated that you would like to receive such information. You have the right to opt out of receiving this information at any time.
Processing that is necessary to improve our knowledge of the real estate sector – this will include undertaking market analysis and research so that we better understand trends in the property sector and provide better knowledge along with more tailored and relevant services for our customers in the future.
Processing necessary for us to operate the administrative and technical aspects of our business efficiently and effectively – this will include: verifying the accuracy of information that we hold about you and create a better understanding of you as a customer; processing for administrative efficiency purposes such as where we outsource certain administrative functions to third parties who are specialise in such services; processing for network and information security purposes i.e. in order for us to take steps to protect your information against loss, damage, theft or unauthorised access or to comply with a request from you in connection with the exercise of any of your rights outlined below.

In more limited circumstances we may also rely on the following legal bases:
Where we need to protect your interests (or someone else's interests); and/or where it is needed in the public interest or for official purposes.

We may process special categories of personal information and criminal conviction information in the following limited circumstances:

With your explicit consent, in which case we will explain the purpose for which the information will be used at the point where we ask for your consent.

How we use your personal information
For specific information on how your personal information will be used for the services you have requested from us, please select from any of the options below:

Buy, Sell, Let, Rent
We use your personal information for the purposes of fulfilling our obligations to you to let or sell your property or, if you are a buyer or tenant, for the purposes of arranging a contract for sale or a lease for you.

If you are purchasing a property we are acting as agents for the sale of or selling a property through us we will share your personal information with your appointed solicitors and the solicitors acting for the other side of the deal as is necessary to facilitate the sale or purchase.
If you are renting a property we are acting as letting agents of, we will share your personal data with third party referencing agencies for the purposes of the prevention and detection of crime, fraud and/or money laundering and checking your suitability to rent that property.

Property Management
Where we are managing property on your behalf we may need to pass your personal information from time to time on to third party contractors whom we have engaged to carry out maintenance on your properties.
We may also pass your personal information to Balearic Holiday Villas S.L.

Investment
Where you engage us for portfolio management services we will share your personal information with third party lenders as is necessary to allow us to fulfil our obligations to you, to raise finance for you and to properly manage and advise you on your property investments.

Where you engage with Balearic Properties Real Estate S.L. we will collect and hold your personal data to maintain a register of investment holdings in order to comply with our Financial Conduct Authority requirements.

Finance

We may pass your personal data to an independent company with which Balearic Properties Real Estate S.L. has a “co-operation” relationship, on a referral basis in relation to the arrangement of financing to allow you to acquire a property and/or the provision of the following services:

if you are purchasing a property we will disclose information which needs to be provided to check your eligibility and to allow you to participate in and obtain benefits;
if you are obtaining mortgage brokerage services we will disclose personal information that needs to be submitted to lenders (and if you are a high value mortgage customer, private banks) in order to fulfil our obligations to seek funding options for you;
if you are an insurance customer we will disclose information to be sent to a selected panel of insurance providers in order to obtain suitable options for insurance products for your requirements.

Other uses of your personal information
If we sell any part of our business and/or integrate it with another organisation your details may be disclosed to our advisers and to prospective purchasers or joint venture partners and their advisers. If this occurs the new owners of the business will only be permitted to use your information in the same or similar way as set out in this privacy notice.
We will share personal information with our regulators, governmental or quasi-governmental organisations, law enforcement authorities and with courts, tribunals and arbitrators as may be required from time to time in order to comply with our regulatory and legal obligations;
Where we use third party services providers who process personal information on our behalf in order to provide services to us. This includes IT systems providers and IT contractors as well as third party referencing or screening agencies for the purposes of the prevention and detection of crime.
We may share your personal information with any person working within the Balearic Properties Real Estate S.L.-Group on a need to know basis to ensure we are able to perform our obligations to you.
We will hold your personal information on our client management systems and use this to provide you with marketing information about similar services offered by Balearic Properties Real Estate S.L. to those which you have engaged us to provide which we feel you might find useful from time to time. You have the opportunity to opt out of receiving this information at any time.

What happens if you do not provide information that we request?
We need some of your personal information to perform the services you have requested from us. For example:
where we are selling a property on your behalf we need to know your contact information so that we can update you with information on viewings, offers and the progress of the sale;
where you have asked us to find you a property which meets certain access requirements, we may need to know some further details about your particular circumstances so that we can find you a suitable property;

We also need some information so that we can comply with our legal obligations. For example, we may need identity documents from you to meet our obligations to prevent fraud and money laundering.

If you do not provide the information required for these purposes, we will not be able to perform our contract with you and may not be able to provide services to you or continue to provide certain services to you. We will explain when this is the case at the point where we collect information from you.

5. How we keep your information secure

The security of information is very important to us and we have measures in place which are designed to prevent unauthorised access to your personal information including but not limited to:
Our client files are stored on our secure client management systems. Access is restricted on our client systems to those within the business who are required to have access to your information for legitimate business purposes.
Hard copy documentation is stored in locked cabinets.
All data is hosted in datacentres which have systems and protections in place to protect against both unauthorised access, and other external factors that could cause damage to, your personal data. There are strict access requirements in place and access is restricted to those absolutely necessary.
We ensure access to personal information is restricted to Balearic Properties Real Estate S.L. employees and workers or other persons working within the Balearic Properties Real Estate S.L.-Group on a need to know basis. Training is provided to any of those Balearic Properties Real Estate S.L. employees and workers who need access to personal information.

6. For how long do we keep your personal information

The period for which we will keep your personal information will depend on the type of service you have requested from us. The retention period may be longer than the period for which we are providing services to you where we have statutory or regulatory obligations to retain personal information for a longer period, or where we may need to retain the information in case of a legal claim.

7. Overseas transfers of your personal information

We may transfer, store, or process your personal information in locations outside Spain and the European Economic Area (EEA). Where the countries to which your personal information is transferred do not offer an equivalent level of protection for personal information to the laws of Spain, we will ensure that appropriate safeguards are put in place.
We’ll use one of these safeguards:
Transfer it to a non-EEA country with privacy laws that give the same protection as the EEA. Learn more on the European Commission Justice website.
Put in place a contract with the recipient that means they must protect it to the same standards as the EEA. Read more about this here on the European Commission Justice website,
Transfer it to organisations that are part of Privacy Shield. This is a framework that sets privacy standards for data sent between the US and EU countries. It makes sure those standards are similar to what is used within the EEA. You can find out more about data protection on the European Commission Justice website.

8. Your rights in relation to your personal information

You have a number of rights in relation to your personal information, these include the right to:
Be informed about how we use your personal information
Obtain access to your personal information that we hold
Request that your personal information is corrected if you believe it is incorrect, incomplete or inaccurate
Request that we erase your personal information in the following circumstances:
If Balearic Properties Real Estate S.L. is continuing to process personal information beyond the period when it is necessary to do so for the purpose for which it was originally collected
If Balearic Properties Real Estate S.L. is relying on consent as the legal basis for processing and you withdraw consent
If Balearic Properties Real Estate S.L. is relying on legitimate interests as the legal basis for processing and you object to this processing and there is no overriding compelling ground which enables us to continue with the processing
If the personal information has been processed unlawfully (i.e. in breach of the requirements of the data protection legislation)
If it is necessary to delete the personal information to comply with a legal obligation
Ask us to restrict our data processing activities where you consider that:
personal information is inaccurate
our processing of your personal information is unlawful
where we no longer need the personal information, but you require us to keep it to enable you to establish, exercise or defend a legal claim
where you have raised an objection to our use of your personal information
Request a copy of certain personal information that you have provided to us in a commonly used electronic format. This right relates to personal information that you have provided to us that we need in order to perform our agreement with you and personal information where we are relying on consent to process your personal information
Object to our processing of your personal information where we are relying on legitimate interests or exercise of a public interest task to make the processing lawful. If you raise an objection we will carry out an assessment to determine whether we have an overriding legitimate ground which entitles us to continue to process your personal information; and
Not be subject to wholly automated decisions which produce legal effects, or which could have a similarly significant effect on you.
If you would like to exercise any of your rights, please contact gruenewald@balearic-properties.com.

9. Complaints and Contact Details

Complaints
If you have any complaints about the way we use your personal information please contact the Customer Relations Officer at gruenewald@balearic-properties.com, who will try to resolve the issue. If we cannot resolve any issue, you have the right to complain to the data protection authority in your country. If you need more information about how to contact your local data protection authority, please let us know by contacting gruenewald@balearic-properties.com.

Contact details
If you have any questions, comments or requests regarding any aspect of this Privacy Policy, please do not hesitate to contact us by sending an email to gruenewald@balearic-properties.com or writing to the Balearic Properties Real Estate S.L., Via Pollentia 3, E-07460 Pollensa, Mallorca

 

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