Covid-19 Information

Privacy

INTRODUCTION 

 

Personal data protection is one of the values of EV MMC SPAIN, SLU (Engel & Völkers). Compliance with regulations in force on personal data protection is one of our priority objectives.

The purpose of this policy is to explain how we will process the personal data that you provide us in different forms and other channels in which personal data are present in the real-estate brokerage process. 

TABLE OF CONTENTS 

  1. Processing controller
  2. Types of interested parties and data
  3. Processing purposes
  4. Processing legitimisation
  5. Recipients of the data
  6. Retention periods
  7. Profiling
  8. Exercise of rights
  9. Confidentiality and security in data processing
  10. International transfers
  1. PROCESSING CONTROLLER

The processing controller of your personal data is our company:

  • Company name: EV MMC SPAIN, SLU
  • Email: barcelona.dp@engelvoelkers.com
  • Address: Avenida Diagonal, 640, Planta 6, B, 08017 Barcelona
  • Data Protection Officer: Ms Stefanie Wegener, Mittelweg, 10, 20148, Hamburg, (Germany), tel. (0049) 040 22697524, swegener@wegener-ra.de.
  1. TYPES OF INTERESTED PARTIES AND DATA

The privacy policy refers to processing related to these types of interested parties and data provided by the interested parties via the different forms, contracts and other channels via which personal data are submitted during the real-estate brokerage process:

  1. Property search agents:
  • Identifying data:
  • Contact data
  • Economic data
  • Data on the interested party’s environment
  1. Prospective owner client:
  • Identifying data
  • Contact data
  • Data on the interested party’s environment
  1. Owner-client / search agent participating in an operation:
  • Identifying data
  • Contact data
  • Economic data
  • Data on the interested party’s environment
  • Invoicing data
  1. PROCESSING PURPOSES

Our company collects your personal data for these purposes:

  1. Property search agent / Prospective owner client:
  • Real-estate brokerage
  • Comply with the obligations set out in the contract, draft contract or agreement
  • Follow through the operations in progress
  • Notify of any circumstance that occurs in the framework of providing the services offered
  • Comply with legal obligations, such as regulations on money laundering and data protection
  • Mailing of commercial communications, if you have given consent for this purpose
  • Contact you to find out your opinion on the service provided
  1. Owner-client / search agent participating in an operation:
  • Real-estate brokerage
  • Perform tasks related to the purchase/rental process for you if you have authorised this
  • Comply with the obligations set out in the contract, draft contract or agreement
  • Follow through the operations in progress
  • Notify of any circumstance that occurs in the framework of providing the services offered
  • Invoicing the services provided
  • Mailing of commercial communications related to the contracted services
  • Comply with legal obligations, such as regulations on money laundering and data protection
  • Mailing of commercial communications, if your consent has been given for this purpose
  • Contact you to find out your opinion on the service provided

You will be notified of any other purpose before processing your data.

  1. PROCESSING LEGITIMISATION

The legitimisation basis for processing your data is:

  1. Consent of the interested party:
  • If you give us your consent, we will carry out processing related to the scope of consent and for the purposes herein notified.
  • Moreover, we may also conduct other additional processing if you have given your consent for this purpose, such as mailing commercial communications.
  • You may revoke your consent at any time for receiving commercial communications in each of the mailings, by clicking on the link we will include for this purpose, or by sending us a letter stating your wish to revoke your consent. 
  • Similarly, and if we have your authorisation, we may conduct steps and processes on your behalf that will help you speed up and streamline the purchase or sale of your property, such as presenting documents to the notary public or the exchange of data between the parties participating in the purchase.
  1. Contract execution

Law lets us process your data if this is necessary for the execution of precontractual or contractual measures, with the aim of providing our services, and to comply with the obligations established in this agreement.

  1. Legal obligation

Some process may require the processing of your data, such as billing, accounting processes, tax declarations, or preventing money laundering – for example – which we must do based on legal obligations.

  1. Legitimate interest

We may do processing aimed at improving the quality and personalising the service in order to increase your level of satisfaction. To do so, we will need to seek out your opinion and analyse your habits and preferences.

  1. RECIPIENTS OF THE DATA

Your data will not be sold, hired out to or made available to third parties. In specific cases, access to your data may be given to certain service providers our company works with, such as mailing newsletters, data storage or websites, although they will never process your data for their own purposes. 

You can request a list of the provider categories that have access to your data based on the provision of a service by sending an email to barcelona.dp@engelvoelkers.com.

We may communicate your data to third parties in these cases:

  • To clients who own the properties whose data were provided by the company to clients looking for properties
  • To clients who own the properties who are visited by the clients looking for properties, accompanied by the company
  • To clients searching for properties who are offered the service of concluding the planned real-estate transaction
  • To notary publics, property registries or law firms participating in the processes
  1. RETENTION PERIODS

Your data will be retained for the strictly-necessary period to attain the processing purposes, without prejudice to their retention to make them available to the competent authorities and to handle claims. 

In such cases, the data will be safeguarded and blocked until the statute of limitations period has ended, at which time they will be deleted.

In particular, you are notified that the company will keep the documentation for a ten-year period in which the fulfilment of the obligations is formalised as established in Law 10/2010 of 28 April on Prevention of Money Laundering and Terrorist Financing, deleting them after this time. 

Five years after the termination of the business relations or execution of a possible operation, the documentation retained shall only be accessible by the internal control bodies of liable parties, including prevention technical units and, as applicable, those in charge of their legal defence. 

You are also notified that the company may keep your duly-anonymised data for statistical or market study purposes, whenever possible, without prejudice to the due blocking to comply with any legal obligation that is applicable.

  1. PROFILING

Any decision on the main processing shall be based on a manual process. We do not automatically make decision related to the property brokerage process and we do not do profiling.

However, for some services, we may process your personal data using automated means. This means that certain decisions are made automatically without human intervention. For example, segmenting whether or not you are interested in specific sections of the Engel & Völkers website.

We may also create a profile by analysing your behaviour on the website, displaying products you may be interested in, based on the preferences you have revealed by your browsing, or information obtained via cookies. 

Newsletters may be adapted and personalised according to users’ interests, based on the products and services requested, those data we can deduce or obtain from their browsing history or their interest in certain contents and reaction to our communications, among others.

This personalisation is partially automated, in the regard that the company determines the personalisation parameters, although it is the technology platform that profiles users. 

We will not send general communications that are not segmented via the procedure above, as we believe that both the company and the user are interested in receiving only information that is relevant. Further, not segmenting does not change the number of communications received, but just their contents. In this regard, if any user does not want to be segmented, please do not subscribe to these communications.

  1. EXERCISE OF RIGHTS

Regulations in force gives you these rights:

  • Right to access: You will have the right to know which personal data we are processing on you.
  • Right to rectification: You will have the right to rectify or complete any data that are inexact or incomplete.
  • Right to erasure: You may request that your personal data are deleted from our systems and files.
  • Right to oppose: You may oppose the processing of your data for direct marketing actions. As well as for personal reasons, except when the basis for processing is the legitimate interest.
  • Right to restrict processing: You may request processing restriction if you contest their exactitude or when unlawful and you oppose the erasure of your personal data and instead request restricted use of them. You may also do so when the data are not necessary for processing, but you need them to formulate or defend claims. And, finally, when you have opposed processing, while verifying if the legitimate interest of the data controller takes precedent over those of the interested party.
  • Right to data portability: You will have the right to obtain a copy of all data that you provided to us and, when this is technically possible, you will have the right to request that your personal data are communicated to another data controller.

You may exercise these rights free of charge, as well as removing the consent you gave at any time, by writing to our company via any of the mediums set out below, enclosing a copy of your Spanish ID card (DNI) or equivalent document verifying your identity: 

  • Via this form on the website: https://www.engelvoelkers.com/es-es/barcelona/arco/
  • Via post, addressed to the Customer Relationship Manager at EV MMC Barcelona, Avenida Diagonal, 640, 6 planta, B, 08017, Barcelona, Spain
  • Via email, which should be sent to the email address barcelona.dp@engelvoelkers.com

For letters sent by email and post, please identify the subject of the message with ‘Data Protection’.

If you need to make a query or suggestion related to processing your personal data, you may also write to the addresses provided for exercising your rights.

If you have any questions on the present privacy policy or on data protection, you can address the Data Protection Officer of the Engel&Völkers Group:

  • By post: Dr Stefanie Wegener, Mittelweg, 10, 20148, Hamburg, (Germany) 
  • By email sent to this address: swegener@wegener-ra.de
  • By ringing: (0049) 040 22697524

The functions of the Data Protection Officer are:

  • Inform and advise the data controller and employees of obligations they have in virtue of the General Data Protection Regulation (GDPR) and other data protection provisions
  • Supervise compliance with the terms of the GDPR, other data protection provisions and data controller policies on personal data protection, including the assignment of responsibilities, raising awareness and training staff who are involved in processing operations, and pertinent audits
  • Offering advice that is requested on evaluating the relative impact of data protection and overseeing its application
  • Cooperating with the Spanish Data Protection Agency 
  • Acting as a contact for the Data Protection Agency on issues related to processing, including prior consultation

You also have the right to submit a claim to the Spanish Data Protection Agency (AEPD, https://www.aepd.es), the competent authority in Spain on data protection, if you believe that your data have not been processed correctly.

  1. CONFIDENTIALITY AND SECURITY IN DATA PROCESSING

The data our company receives shall be processed with utmost reserve and confidentiality. Our company has implemented all technical and organisational measures within its reach to prevent the loss, misuse, alteration, unauthorised access or copying of the data provided.

  1. INTERNATIONAL TRANSFERS

If any of our service providers process personal data in a third country, our company will apply all measures and controls we have available to protect your personal data. 

The main measures adopted by our company when there are international transfers of personal data are signing standard contractual clauses approved by the European Commission, joining and adherence to international agreements – such as Privacy Shield – and applying for certifications and codes of conduct that are approved and renowned. 

You can request the list of service providers that process data in a third country by sending an email to barcelona.dp@engelvoelkers.com.