Privacy Policy


INFORMATION AND CONSENT.

This Privacy Policy establishes the basis on which AMENABAR RECURSOS, S.L. treats the personal data provided by its customers throughout the relationship between the parties.

By reading the present policy, we inform you about the way in which the website manager collects, treats and protects the personal data, as well as the data derived from your navigation or provided through the on-line forms and those other data that you can provide in the future to the website manager through any enabled means.

You should thoroughly read this Privacy Policy, which has been written in a clear and simple manner, to facilitate your understanding, and to allow you to freely and voluntarily determine whether you wish to provide your personal data to the website owner.

The owner of the Website as the party responsible for this Website and in accordance with the provisions of current legislation on the protection of personal data, Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data, the Organic Law 3/2018, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD) and by Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSICE), has implemented all the necessary security measures, both technical and organizational, to guarantee and protect the confidentiality, integrity and availability of the data entered as well as to protect the rights and freedoms of the Users.

IDENTIFICATION - Contact details of the data controller

Any of the companies belonging to the AMENABAR Group that apply in each case, will act as data controller of your personal data. The contact details of these companies are as follows:

AMENABAR RECURSOS, S.L.

Postal address: Paseo Miramon 185, 20014 Donostia - San Sebastián (Gipuzkoa)

E-mail: datospersonales@amenabarrecursos.com

DPO duly appointed who can be contacted by e-mail at datospersonales@amenabarrecursos.com

DEFINITIONS

AMENABAR's data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration must be readable and intelligible for the general public as well as for our customers and business partners. To ensure this, we would first like to explain the terminology used.

The following terms are used in this data protection declaration, among others:

  1. Personal data

Personal data means any information relating to an identified or identifiable natural person ("subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  1. Data subject

The data subject is any identified or identifiable natural person whose personal data is processed by the controller.

  1. Processing

Processing is any operation or set of operations which is performed upon personal data or upon sets of personal data, whether it be by automated means or not, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, inquiry, use, disclosure by transmission, dissemination or otherwise making available, adjustment or combination, restriction, erasure or destruction.

  1. Restriction of processing

Restriction of processing is the marking of stored personal data for the purpose of limiting their processing in the future.

  1. Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain aspects of a natural person's personality, in particular to analyze or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, behavior, location or movements of that natural person.

  1. Pseudonymization

Pseudonymization is the processing of personal data in such a way that personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

  1. Controller or data controller

The controller is the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, Union or Member State law may lay down the controller or specific criteria for its designation.

  1. Recipient

The recipient is a natural or legal person, a public authority or any other body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular investigation in accordance with Union or Member State law shall not be considered as recipients; the processing of such data by such public authorities shall comply with the data protection rules applicable in accordance with the purposes of the processing.

  1. Third parties

Third party is a natural or legal person, public authority, body or agency other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller, are authorized to process personal data.

  1. Consent

The data subject's consent is any freely given, specific, informed and unambiguous indication of their wishes whereby, by means of a statement or a clear affirmative action, they express their agreement to the processing of personal data concerning them.

OBLIGATION TO PROVIDE DATA.

The data requested are, in general, mandatory (unless otherwise specified) to fulfill the established purposes. Therefore, if they are not provided or are not provided correctly, they cannot be fulfilled, notwithstanding the fact that you may visit us and/or freely view the content of the Website.

The Personal Data processed by AMENABAR RECURSOS, S.L. have been provided by you or your legal representative as the interested party. The user guarantees the veracity of the data provided and undertakes to communicate any changes that may arise in such data. The user is responsible for the data they provide and omit, whether intentionally or not.

The completion of the forms included in the portal implies the express consent of the User to the inclusion of their personal data in the database of Website manager.

In the event that, in the execution of the services, personal data of third parties other than the person completing the relevant form are provided to AMENABAR, the user must, prior to their inclusion, inform them of the points contained in the preceding paragraphs, while ensuring that they are legitimately authorized to provide such data, taking responsibility for the breach of these obligations.

This website has an informative character and is exclusively for personal use, with the purpose of facilitating the knowledge to the general public of the products and services offered.

WHAT PURPOSE WILL THE WEBSITE OWNER PROCESS PERSONAL DATA FOR AND FOR HOW LONG?

Depending on the requests and interaction you make, the personal data collected will be processed by the company responsible for the website in accordance with the following purposes:

  • To manage the sale of its Real Estate property to its customers. Once the sale is completed, your data will be processed for the after-sales service and incident management, offered by AMENABAR RECURSOS, S.L.
    • To manage and process the actual sale of the property.
    • To manage and process the personalization of the property requested by the client.
    • To manage requests for information in our field of action.
    • To take care of the incidences that in this respect could arrive to the person in charge.

The data will be kept for the above-mentioned purposes and for the period of time in which liabilities may arise for the owner/processor.

  • To respond to requests made to us, through the channels provided for this purpose, in person, on the Website or through social media:
    • Manage, process and respond to requests for information, suggestions and / or proposals raised.
    • Address the request and/or queries of the User.

The data will be kept for the management of the request made and, once it has been solved, for a period of one year.

  • To contact, keep you informed or conduct satisfaction surveys:
    • To manage sending commercial communications about products and services of the company, in the terms indicated by current legislation.
    • Inform you through Social Media.
    • Conduct satisfaction surveys related to products or services of the Website manager through the web, mail or other enabled channels and authorized for this purpose.

The data will be kept as long as you do not oppose or revoke your consent. In the case of quality surveys, your data will be kept for as long as the quality of the procedure is analyzed (sales, voiceovers, etc.) and will always be deleted afterwards as long as no liability is derived for the Amenabar Group.

  • For the promotion of products and services.
    • Publication of comments, opinions and contributions made by users in Social Media and, if applicable, in the section of our website for this purpose, as well as in person or by telephone.

The data will be kept as long as you do not object or revoke your consent.

  • To address incidents, complaints and claims that you make to us, through the address provided on the Web for this purpose or through Social Media.
  • To handle, manage, process and respond to incidents, complaints and / or claims regarding the Web, products and / or services promoted.

The data will be kept for the management of the complaint made or reported incident, during the period in which responsibilities could be derived for the owner/Website manager.

  • For the sale of products and/or contracting of services promoted by the Manager.
  • Sale of products/services on line and/or in person.
  • Quotation preparation.
  • To notify you of the availability of a product/service, as long as you have expressly requested us to do so.
  • For payment handling, shipments, delivery management and / or access to the product or service requested and any other procedures involved or derived from this purpose.

Certain data will be kept for at least 4 years, in compliance with current tax regulations.

  • To manage online access to the customer area.
  • Restricted area access management.
  • Control of private area use.
  • To restore and solve incidents related to the private area.

Certain data will be retained for as long as the existing relationship with the customer exists.

  • In addition, Amenabar will use your personal data when necessary to comply with Law 10/2010, of 28 April, on the prevention of money laundering and the financing of terrorism, which is mandatory.

WHAT DATA WILL THE WEBSITE MANAGER PROCESS?

The Website manager may process the following categories of data from the interested parties themselves, depending on the request made:

  • Identification data: name, surname, and ID card number.
  • Contact data: postal/electronic address, landline/mobile phone number.
  • Economic data: Data referring to the bank card or c/c in case of contracts made.

In the event that you provide third-party data, you declare that you have their consent and agree to transfer the information contained in this Privacy Policy, exempting the website manager from any liability in this regard. However, the company may carry out the necessary verifications to confirm this fact, adopting the corresponding due diligence measures, in compliance with data protection regulations.

WHAT IS THE LEGITIMACY FOR PROCESSING YOUR DATA?

The processing of the User's data is based on the fulfillment of a legal and contractual obligation, in the cases of contracting services and purchasing products, as well as on the consent that we request from you at the time of collecting the data. However, if you withdraw your consent, this does not affect the lawfulness of the processing previously carried out.

The consents obtained for the mentioned purposes are independent so that the User may revoke only one of them not affecting the others. The withdrawal of consent will not affect the lawfulness of the processing carried out prior to the withdrawal of consent.

The processing of the User's data for commercial/advertising purposes is based on the express consent obtained for this purpose, as well as in compliance with article 21 of Law 34/2002, of July 11, 2002, on information society services and electronic commerce, according to which the processing of the User's data to inform them about products or services related to those previously contracted in this channel shall be based on the legitimate interest of the responsible party.

TO WHOM WILL YOUR DATA BE TRANSMITTED?

The main recipient of the personal data is AMENABAR RECURSOS, S.L. as Data Controller.

In addition, the Client's personal data may be transferred to AMENABAR RECURSOS, S.L., when necessary, within the framework of its activities, or when mandatory by law. In such cases, the essential data may be transferred to the following recipients:

  • Companies, branches and permanent establishments of the Amenabar Business Group.
  • Companies in which the Amenabar Business Group has holdings,
  • Suppliers, agents and other commercial partners of the Amenabar Business Group,
  • Any companies or agents collaborating with the Amenabar Business Group that have access to the personal data as a result of the services they provide as part of their activity.
  • Public entities and authorities and Courts and Tribunals when there is a legal obligation to provide the data.
  • Public bodies and authorities in third countries when the international transfer of data is necessary within the framework of the activity of the Amenabar Business Group.
  • Companies providing services whose access to such data is an essential requirement for providing the contracted service (hosting companies, external servers, insurance companies, messaging, consultancy/management, hosting or computer development providers, software management, etc.). Under no circumstances are these third parties authorized to process them for their own purposes, such as sending you commercial information or providing the data to other entities without your prior consent.
  • Likewise, the data may be transferred to different banks so that they may contact you in order to be able to subrogate to the promoter loan that they offer if desired.
  • The client is informed that their data will only be transferred to a third party when the after-sales service involves a third party, such as different trades. We also inform that the personal information given to the third party is limited to the information strictly necessary to provide the service and we demand they do not to use the personal data for any other purpose.

INTERNATIONAL TRANSFERS

There will be no international transfer of data per se; should this circumstance change, you will be informed of such a change by this same means.

RESPONSIBILITY OF THE USER.

The User:

  • Guarantees to be of legal age and that the data provided to the web responsible are true, accurate, complete and updated. To these effects, the User is responsible for the veracity of all the data they provide and will keep the information given conveniently updated, so that it corresponds to their real situation.
  • You guarantee that you have informed the third parties whose data you provide, in case you do so, of the aspects contained in this document. Likewise, you guarantee that you have obtained their authorization to provide their data to the Website mnager for the intended purposes.
  • You will be responsible for any false or inaccurate information you provide through the Website and for any damages, direct or indirect, that this may cause to the webmaster or third parties.

EXERCISE OF RIGHTS.

The Data Controllers commit to respect the confidentiality of Personal Data and to guarantee customers the exercise of their rights. As a user, you have the following rights:

  • To revoke the consents granted at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal. In this case, processing based on other lawful grounds other than consent shall also remain unaffected after the withdrawal of consent.
  • Access to your personal data.
  • Correct inaccurate or incomplete data.
  • Request the deletion of your data when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
  • Request the limitation of data processing when any of the conditions provided in the data protection regulations are met, in which case we will only keep them for the exercise or defense of claims.
  • Request the portability of your data.
  • The right not to be subject to a decision based solely on automated data processing.

Under certain circumstances and for reasons related to your particular situation, you may object to the processing of your data. In case you object, the Company will stop processing your data, unless it can not accept the objection for legitimate reasons, or for the exercise or defense of possible legal claims.

The User may send a letter to datospersonales@amenabarrecursos.com, with the Reference “Data Protection”, attaching a document that can prove their identity, at any time and free of charge, to exercise the above rights.

Likewise, the User is informed that they may file a complaint regarding the protection of their personal data before the Spanish Data Protection Agency at the address Calle de Jorge Juan, 6, 28001 Madrid or at www.aepd.es at any time.

OTHER PROCESSING

The Company commits to inform the customer of any change or new processing of data than those mentioned in this Privacy Policy at all times.

The channels of communication with customers will be those established as official in the company at all times.

SAFETY MEASURES

The User's data will be treated confidentially, keeping the mandatory duty of secrecy with respect to them, in accordance with the provisions of the applicable regulations, the necessary technical and organizational measures to ensure the security of your data and avoid its alteration, loss, treatment or unauthorized access, given the state of technology, the nature of the data stored and the risks to which they are exposed.

Likewise, it is also guaranteed that the treatment complies with the requirements and conditions of integrity and security established in the current regulations.

COMMUNICATIONS

AMENABAR manages its own contents and is the owner of those contents or is authorized to publish them.

The Database Manager, as well as those involved in any phase of the processing and/or the entities to whom the data has been provided - in all cases with the corresponding authorization granted by the user if so required - are obliged to keep professional secrecy and to adopt the levels of protection and the necessary technical and organizational measures within their reach to guarantee the security of the personal data, avoiding, as much as possible, unauthorized access, illicit modifications, theft and/or loss of data, in order to ensure the corresponding level of security of the web site, according to the nature and sensitivity of the data provided by the users of this web site.

ACCEPTANCE AND CONSENT

The User declares to have been informed of the content of the Legal Notice, Privacy Policy, cookies and contracting conditions of this website, as well as the conditions on personal data protection, accepting and consenting to their processing by the owner in the manner and for the purposes here stated.

ACCURACY AND TRUTHFULNESS OF THE DATA

The user is solely responsible for the truthfulness and accuracy of the data submitted and communicated through this website, exonerating AMENABAR of any responsibility in this regard. Users guarantee and are responsible, in all cases, for the accuracy, validity and authenticity of the personal data provided, and commit to keep them properly updated. The user agrees to provide complete and correct information in the registration or subscription form.

COMMERCIAL EMAILS

In accordance with the Spanish Law of Services of the Information Society and Electronic Commerce, the Website manager does not carry out SPAM practices, therefore, does not send commercial e-mails that have not been previously requested or authorized by the User. Consequently, in each of the forms of the Web Page, the User has the possibility of giving his express consent to receive our Newsletter, independently of the commercial information requested from time to time.

APPLICABLE LAW AND COMPETENT JURISDICTION

The regulations in force shall determine the laws that shall govern and the jurisdiction that shall hear the relations between the owner of the website and the users. However, provided that such regulations foresee the possibility for the parties to submit to a specific jurisdiction, the Spanish legislation in force at the time of the litigation shall be applicable to any litigious matter arising from or related to this Website. Likewise, the company and the users, expressly waiving any other jurisdiction that may correspond to them, and provided that the legislation allows it, submit to the Courts and Tribunals of Donostia/San Sebastián (Gipuzkoa).

To file claims in the use of our services, you can contact us by email at the indicated address or by post at physical address prvided in the "Identification" section, committing ourselves to seek an amicable solution to the conflict at all times.

Last update: April 2022