At HOMEMADE Estate Marbella, data protection and data security when using our website and services are very important to us. We would therefore like to inform you at this point which of your Personal Data we collect when you visit our website and for what purposes it is used.

Background

This Privacy Policy describes our privacy practices in plain language, keeping legal and technical jargon to a minimum, to make sure you understand the information provided. However, to achieve this objective we would like to explain you the following concepts.

1. What is Personal Data?

Personal Data is any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute Personal Data.

1. What is Processing?

“Processing” means and covers virtually any handling of data.

1. What law applies?

In principle, we will only use your Personal Data in accordance with the applicable data protection laws, in particular the Spanish`s Data Protection and Digital Rights Act 3/2018 (“DPDRA”) and the General Data Protection Regulation (“GDPR”).

1. Who is responsible for data processing?

The responsible party within the meaning of the DPDRA and the GDPR is HOMEMADE Estate Marbella of Avenida Mencey Urban, Golden Beach, 29604 Marbella / Elviria, Spain (“HOMEMADE Estate Marbella”, “we”, “us”, or “our”). If you have any questions or if you wish to exercise your rights under the DPDRA or GDPR, please contact us using info@homemade.estate, call or WhatsApp +34 680 310 826 or use our Contact Form.

General Principles

1. Purpose and legal basis of processing

In accordance with the DPDRA and GDPR we need to have both a purpose and a legal basis to process Personal Data. The purposes are:

• providing the website and its functions and contents,
• responding to contact requests and communicating with our clients and visitors,
• providing our services, and
• security measures.

Of course, we can only do that if we have at least one of the following legal bases or in other words lawful reasons to do so. Unless specifically described below, we typically link the above purposes to one of the following:

• consent,
• to fulfill our services and carry out contractual obligations,
• to fulfill our legal obligations, and
• to protect our legitimate interests.

1. Categories of data subjects and types of data processed

During the course of using our website and services, we process the following types of data from visitors and users:

• inventory data,
• contact data,
• content data,
• contract data,
• usage data, and
• meta/communication data.

1. Security

Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content or contact requests that you send to us. We have also implemented numerous security measures (“technical and organizational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Data processed through our website.

Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.

1. Retention and Storage

We retain your Personal Data as necessary in connection with the purposes described in this Privacy Policy, and in accordance with Spain’s Statutory Retention Periods and other applicable laws for up to 4 years.

1. Minors

We do not request Personal Data from minors and children and do not knowingly collect such data or pass it on to third parties.

1. Automated decision-making

Automated decision-making including profiling does not take place.

1. Do Not Sell

We do not sell your Personal Data.

1. Special Category Data

Unless specifically required and consent is obtained, for a particular service, we do not process special category data.

Data we collect automatically

1. Log data

Each time you visit our website, our system automatically records the following data from the visiting device and stores it in a so-called log file: i) Name of the retrieved file, ii) date and time of the visit, iii) amount of data transferred, iv) message about successful retrieval, type of browser and version used, v) IP address (identification of the user’s device), vi) Operating system of the visiting device, vii) Internet service provider of the visiting device, viii) website from which you access our website, and ix) which of our website pages you are accessing. The legal basis for processing is our legitimate interest.

1. Content Delivery Network

We use a Content Delivery Network (CDN) to distribute our online content. Our CDN is a network of regionally distributed servers of our technical service providers connected via the Internet. When our website is visited, your device`s browser transmits information to these service providers, which is collected in corresponding server log files. Server log files are generally anonymized and then transmitted without any personal reference. Server log files include, in particular, i) details of the browser and operating system used, ii) the previously visited pages (so-called referral URL), iii) the IP address of the device used, iv) the name of the Internet provider, as well as v) the date, time of all page views including the amount of data transmitted. The legal basis for processing is our legitimate interest.

1. Hosting

To provide our website, we use the services of Hostpoint AG of Neue Jonastrasse 60, 8640 Rapperswil-Jona, Switzerland who processes the data listed below and all data to be processed in connection with the operation of this website (log file when visiting the website) on our behalf. The legal basis is our legitimate interest.

1. Cookies

What is a cookie? 

A cookie is a text file or software element that records information about your device’s navigation on the Internet. It is controlled by your browser and sometimes contains a unique number or a random number. A cookie allows us or our partners, as creators of cookies, to recognise your device during the period of its validity when it accesses digital content that contains cookies from the same creator.

Some of the information from cookies does not allow your direct or indirect identification, nor does it constitute Personal Data. Other information may allow your identification and as such is subject to our Privacy Policy.

What types of cookies do we use?

A cookie can be classified in different ways. 

According to its lifetime, a cookie is either a: 

• Session cookie, which is deleted when you close your browser.
• Persistent cookie, which remains on your device for a predefined period of time, according to the specific cookie’s lifespan.

Given the domain to which they belong, they are either:

• First-party cookies, which are set by the web server of the visited site and have the same domain, in this case our domain.

• Third-party cookies, which are stored by another domain in the domain of the visited page. They are set by a third party, partners contracted by us. These external partners, to the extent that they use cookies, are responsible for the cookies they use. We recommend that you read their Privacy Policies.

Apart from these characteristics, cookies can be classified in terms of how they work:

• The least privacy invasive type of cookies are Essential or Necessary Cookies. These cookies are essential or necessary to ensure that a website works properly and is secure so that you can navigate a website and use its features. Without these cookies, certain features of a website would not function, and thus you would not be able to use certain services. They are strictly necessary for your navigation, consequently they do not require your prior consent. These cookies are NOT managed by our Pop-Up Consent Tool.

• There are also Functional Cookies or sometimes called convenience cookies. These cookies allow a website to remember the options a user has made (including user ID`s stored, consents given, or languages selected) and other personalization options you have selected when browsing. You are free to accept or reject them, but if they are blocked, there is a possibility that the service choice you previously made will not be saved.

• Further there are also Analysis and Performance Cookies, which are used to monitor and improve the function and service of a website. Those can track down problems when using a website, facilitate online surveys, record visitor numbers, and provide analytics metrics. You are free to accept or reject them, but if they are blocked, less information will be available to us to improve the performance of its website.

• Lastly, Advertising cookies or Targeting Cookies. They are used to deliver customized advertising to the user. This can be very convenient, but also very annoying. The use of these cookies requires your prior consent. 

Why does our website use cookies?

We are always looking for new ways to improve our website and provide better content and experiences to you. Consequently, we and our partners use different types of cookies (as described above).

Why do we have a Cookie Policy?

As set out in Spain`s Law 34/2002 (“Law 34/2002”) and the EU`s Privacy and Electronic Communications Regulations (“PECR”), we need to inform you about cookies by means of a policy and their use on our website and also obtain consent for the use of Non-essential Cookies (Functional, Analysis, Performance, Advertising or Targeting Cookies). As for the latter, We do so when you visit our website for the first time using the Cookie Consent Management Tool operated by CookieYes Limited of 3 Warren Yard Warren Park, Wolverton Mill, Milton Keynes, United Kingdom, MK12 5NW.

How can I manage cookies?

1. a) Browser control

Most browsers allow you to control cookies through the cookie settings, which can be customized for giving your consent to the use of cookies. In addition, most browsers will enable you to review and delete cookies. To do so, please refer to the documentation provided by your browser manufacturer by following the for you relevant link Google Chrome, Mozilla Firefox, Microsoft Edge, Opera, Safari.

1. b) Pop-Up Consent Tool

We offer a cookie preference pop-up when you first visit our website. This pop-up is a consent tool and allows you to specify your preference about cookies. You can accept or reject them or access this Policy before giving your consent to cookies or rejecting them. This permits you to make an informed decision about the cookies we use. You are free to accept or reject cookies, but note that after rejecting them, browsing our website might be less user-friendly and the relevant content might be affected.

You may, regardless of your original choice, from time to time withdraw your consent or adjust your settings using the Browser control settings, clearing your cookie folder or by changing your preferences in our Pop-Up Consent Tool.

Data we collect directly

We may ask you for Personal Data when you:

• use our website,
• request services, support, or information,
• participate online or otherwise in marketing activities,
• interact with us on third-party social networking sites (subject to the terms of use and privacy policies of said third parties), or
• contact us.

Categories of Personal Data we collect may include your name, email address, phone number and IP addresses. We may also collect data about your Business such as Business name and contact details as well as demographic data such your interests, and preferences.

1. Contact Requests

In the context of a contact request on our website, in addition to your enquiry you may also disclose your name, e-mail. telephone number and the type of services required.

We are also present on social media and if you contact us via social media platforms (currently Facebook and Instagram and both a service of Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) we and the relevant platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement.

We also offer to contact us via the messaging services of WhatsApp (Meta Platforms Ireland Limited). If you contact us via WhatsApp we store and use the mobile phone number, you use and – if provided – your first and last name in accordance with the provision of a contractual or pre-contractual measure to process and respond to your request.

1. When using our Services

We process the data of our service users in order to be able to provide our contractual services as well as to ensure the security of our services and to be able to develop it further. This includes in particular our support, correspondence with you, invoicing, fulfillment of our accounting and tax obligations. Accordingly, the data is processed on the basis of fulfilling our contractual obligations as well as to fulfill our legal obligations.

Some of the data you choose to provide may be considered non-Personal Data and/or “special” or “sensitive” in certain jurisdictions, for example your racial or ethnic origins, sexual orientation, and religious beliefs. By choosing to provide this data, you consent to our processing of that data.

Where any Personal Data relates to a third party, you represent and warrant that the Personal Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Data for the Purposes. You agree that you shall promptly provide us with written evidence of such consent upon demand by us.

Unless otherwise specified the purposes of processing are contractual performance and service, contact requests and communication, office and organizational procedures, administration, and response to requests, visit action evaluation.

The legal basis for the data processing is the fulfillment of our contractual obligations and, in individual cases, the fulfillment of our legal obligations as well as your consent. You may withdraw your consent and request us to stop using and/or disclosing your personal and special category data by submitting your request to us.

1. Data management and customer support

For optimal customer support, we use first name, last name, e-mail address, and the data related to your contract with us in our customer relationship management system (“CRM system”). As such, your data will be stored both on our website and in our CRM system provided by inmoba.com, INMOBA NETWORKS, S.L. con of C/ CARAVACA 66, 1º B · 29680 ESTEPONA, Spain. This data processing is based on our legitimate interest in providing our service.

Data from third party sources

We may obtain data about you from third-party sources, such as our marketing partners, social networks, and other third parties. We may use this data to better analyses your user behavior to improve our ability to provide you with relevant marketing information and services, and to prevent and combat fraud. The legal basis for the data processing is our legitimate interest.

Disclosure, Sharing and Transfer

1. Cooperation with processors and third parties

If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g., if a transmission of the data to third parties, such as to payment service providers, is necessary for the performance of the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.). If we commission third parties to process data on the basis of a so-called “processing agreement.

1. Marketing

Insofar as you have also given us your consent to process your Personal Data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to. You may withdraw your consent and request us to stop using and/or disclosing your personal and special category data by submitting your request to us.

1. International Transfer

In the course of our website operation, we process data. We usually do not transfer Personal Data to countries outside Spain and the EEA. However, if we do, we ensure that processing of your Personal Data is governed by Processing Agreements that include Standard Contractual Clauses to ensure a high level of data protection.

1. Disclosure

We will not disclose or otherwise distribute your Personal Data to third parties unless this is a) necessary for the performance of our services, b) you have consented to the disclosure, c) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings; as required by law or regulation; if HOMEMADE Estate Marbella (or a part of HOMEMADE Estate Marbella) is sold to or merged with another company; or proceedings at home or abroad or to fulfill our legitimate interests.

Your Rights and Privileges

1. Privacy rights

Under the DPDRA and GDPR, you can exercise the following rights:

• Right to information
• Right to rectification
• Right to object to processing
• Right to deletion
• Right to data portability
• Right of objection
• Right to withdraw consent
• Right to complain to a supervisory authority
• Right not to be subject to a decision based solely on automated processing.

If you have any questions about the nature of the Personal Data we hold about you, or if you wish to request the erasure or rectification of Personal Data we hold about you, or to exercise any of your other rights as a data subject, please contact us.

1. Updating your information

If you believe that the information, we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us.

1. Withdrawing your consent

You can revoke consents you have given at any time by contacting us. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

1. Access Request

In the event that you wish to make a Data Subject Access Request, you may inform us in writing of the same. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will let you know in writing within thirty (30). If we are unable to comply with your request, we will tell you why (except where we are not required to do so under the respective legal regulations mentioned above).

1. Complaint to a supervisory authority

You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. The supervisory authority in Spain is: Agencia Española de Protección de Datos (the “AEPD”) C/Jorge Juan, 6, www.aepd.es.

Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (‘DNT’) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

Changes and Updates

Since changes in the law or in our internal company processes may make it necessary to adapt this Privacy Policy from time to time, we ask you to read this Privacy Policy regularly.

Concerns and Contact

If you have any concerns about a possible compromise of your privacy or misuse of your Personal Data on our part, or any other questions or comments, you can contact us.

This Privacy Policy was last updated on Friday, 07 April 2023.