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Privacy policy

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On this page
  1. 1. Identity of the data controller
  2. 2. Personal data collected
  3. 3. Purposes of the processing
  4. 4. The Website's forms, account and emails
  5. 5. Legal basis for processing
  6. 6. Data retention period
  7. 7. Disclosure and recipients of the data
  8. 8. Users' rights
  9. 9. Accuracy of data and minors
  10. 10. Third-party links and social media
  11. 11. Changes to the privacy policy

1. Identity of the data controller

In compliance with Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR, known in Spain as RGPD), and with Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (Ley Orgánica de Protección de Datos Personales y garantía de los derechos digitales, LOPDGDD), users of the website https://empordaproperties.es/ (hereinafter, "the Website") are informed of the details of the controller of their personal data:

  • Company name: EMPORDÀ PROPERTIES ASESORÍA E INMOBILIARIA, S.L.U. (hereinafter, "EMPORDÀ PROPERTIES")
  • N.I.F.: B93980274
  • Registered office: Carrer de Cavallers, 46, baixos, 17200 Palafrugell (Girona), Spain
  • Contact email: info@empordaproperties.es
  • Data protection officer / Internal privacy officer: info@empordaproperties.es

2. Personal data collected

EMPORDÀ PROPERTIES collects and processes only the data that is strictly necessary, provided by users through the contact forms, messaging channels, telephone calls or interactions on the Website, including:

  • Identification and contact data: First name and surname, postal address or the address of properties of interest, telephone number and email address.
  • Financial and transactional data: Information provided for valuations, commercial proposals, the management of deposit contracts (contratos de arras) or payments arising from property intermediation.
  • Technical and browsing data: IP address, date and time of access, session identifiers and patterns of interaction with the web platform.
  • Client account data: If you create an account on the Website, your name, your email address, your password (stored encrypted), your telephone number if you give it to us and the language in which you prefer to receive alerts, together with the properties you save as favourites, the searches you save and, for each search with an alert, which properties have been sent to you and when.
  • Data provided to us by Google: If you choose "Continue with Google" to create or sign in to your account, Google provides us with your name, your email address and an identifier for your Google account. Never your password.
  • Data about the emails we send you: Only if you agree to it, whether you open our emails and which links you click (section 4).
  • Any other information that the user voluntarily chooses to provide for the proper handling of their enquiries, valuation requests or instructions to sell or let.

3. Purposes of the processing

The personal data provided to EMPORDÀ PROPERTIES will be processed for the following purposes:

  1. Handling of requests and enquiries: To process and respond to enquiries, valuation requests, property viewings and requests for technical information submitted by owners or buyers.
  2. Provision of property services: To manage the formalisation of instruction forms, intermediation agreements, reservations, deposit contracts and the preparation of documents for sales or lettings.
  3. Commercial communications: To send information on market news, alerts about new properties and exclusive offers, provided that there is consent or a prior contractual relationship.
  4. Legal and regulatory compliance: To meet the obligations imposed by tax and commercial legislation and, specifically, the legislation on the Prevention of Money Laundering and Terrorist Financing (Law 10/2010 / SEPBLAC) in property intermediation.
  5. Security and maintenance: To ensure the physical and digital security of the physical premises and online platforms.
  6. Client account: To allow you to save properties and searches on the Website and, if you activate them, to send you email alerts with new properties that match them.
  7. Email measurement: To know whether you open our emails and which links you click, only if you have agreed to it.
  8. Website statistics: To measure, in aggregate form, which pages are visited, only if you accept analytics cookies (Cookie Policy).

4. The Website’s forms, account and emails

Forms: What you write in the Website’s forms (the one on each property page, the valuation calculator, the forms for selling your property and the contact form) reaches us by email so that we can reply to you, and is added to our property management software. The Website does not store it. Each form gives you the basic information before you send it and asks you to accept this policy.

The client account: Creating an account is voluntary. It is not activated until you open the link we send you by email, and if you do not activate it within seven days it is deleted automatically. You can delete it whenever you wish from your profile: the account, your favourites, your searches and their alerts are deleted immediately, with no copy kept.

Your account emails: Emails that confirm your email address, allow you to create a new password or notify you of a change to your account are sent because you request them or because they are necessary for its security.

Alerts: You only receive the alerts for a search if you activate its alert. Each alert includes a link to unsubscribe from it in one click, without signing in to your account, and the other emails from your account allow you to unsubscribe from all your alerts.

Email measurement: Only if you agree to it, by ticking the corresponding box when you create your account or later in your profile, are your emails sent through Brevo, which records whether you open them and which links you click by means of an invisible image and links that pass through em.empordaproperties.es. This is a tracking device that requires your prior consent, and you may withdraw that consent at any time from your profile; we keep a record of the date on which you gave it. If you do not agree to it, your emails are sent from the EMPORDÀ PROPERTIES email account, with no measurement of any kind.

Security: To prevent mass submissions and attempts to guess passwords, the Website stores an encrypted digest of the IP address, never the IP address itself, for a maximum of one hour, and fifteen minutes in the case of sign-in attempts.

Cookies: The cookies used by the Website, what they are for and how to accept or reject them are explained in the Cookie Policy.

The processing of personal data is based on the following legal grounds under Article 6 of the GDPR:

  • Performance of pre-contractual measures or of a contractual relationship: Applicable to the management of intermediation instructions, viewing records, reservations and sales.
  • Express consent of the data subject: Applicable to the sending of personalised commercial communications and to dealing with general enquiries through web forms.
  • Legitimate interest of EMPORDÀ PROPERTIES: Applicable to the service and commercial follow-up of existing clients, fraud prevention and the technical optimisation of the Website.
  • Compliance with applicable legal obligations: Imposed by tax legislation, the Law on the Prevention of Money Laundering (SEPBLAC) and the sector regulations for estate agents (AICAT).

On the Website in particular: dealing with what you send us through a form is based on your consent, which you give by ticking the privacy box; the client account, on the performance of the service you request from us when you create it; alerts and email measurement, on your consent, which you may withdraw at any time; Website statistics, on your consent to analytics cookies; and security measures, on the legitimate interest of EMPORDÀ PROPERTIES in protecting the Website and its users.

6. Data retention period

Personal data will be kept for as long as the commercial or professional relationship with EMPORDÀ PROPERTIES continues. Once the relationship has ended, the data will remain duly blocked for the statutory periods laid down for the limitation of any civil, commercial, tax or criminal liability. Data intended for commercial communications will be kept until the data subject asks to unsubscribe or exercises their right to object.

On the Website: what is sent through the forms is not stored on it; the client account and what you save in it are kept until you delete it; an account that is not activated is deleted after seven days; and IP address digests are kept for a maximum of one hour.

7. Disclosure and recipients of the data

EMPORDÀ PROPERTIES will not disclose personal data to third parties except with express consent or where required by law. For the proper provision of the service, certain external providers may have access to the data as Data Processors, subject to confidentiality agreements and technical security measures in accordance with the GDPR:

  • Providers of property management software (CRM) and web hosting.
  • Notaries, land registries, banks and partner legal and tax advisers involved in property transactions.
  • Public Administrations, Courts and Tribunals, and competent authorities, in compliance with legal oversight obligations.

On the Website specifically: Raiola Networks, which hosts the Website; Inmovilla, the property management software used by EMPORDÀ PROPERTIES; Google Ireland Limited, which provides the email service of EMPORDÀ PROPERTIES and, only if you accept analytics cookies, Google Analytics; and Brevo, in France, only for the emails of accounts that agree to its measurement. If you use "Continue with Google", Google also processes your data as a controller, in accordance with its own privacy policy.

International transfers: Google may process data in the United States. These transfers are covered by the EU-US Data Privacy Framework, to which Google has signed up, and by the standard contractual clauses approved by the European Commission.

8. Users’ rights

Any person has the right to obtain confirmation as to whether EMPORDÀ PROPERTIES is processing personal data concerning them and to exercise, free of charge, the following rights recognised by the GDPR:

  • Access: To know which personal data is being processed.
  • Rectification: To request the correction of inaccurate or incomplete data.
  • Erasure ("right to be forgotten"): To request the deletion of the data when it is no longer necessary for the purposes for which it was collected.
  • Objection: To object to the processing of their data on grounds relating to their particular situation or for direct marketing purposes.
  • Restriction of processing: To request that the processing of the data be restricted in the cases provided for by law.
  • Portability: To receive their personal data in a structured, commonly used and machine-readable format.
  • Withdrawal of consent: To withdraw at any time any consent previously given, without retroactive effect.

To exercise these rights, the user may send a written request to EMPORDÀ PROPERTIES ASESORÍA E INMOBILIARIA, S.L.U., with the subject line "Data Protection", to the postal address at Carrer de Cavallers, 46, baixos, 17200 Palafrugell (Girona) or by email to info@empordaproperties.es, enclosing a copy of their identity document to prove that they are the data subject.

On the Website, in addition, account holders can delete their account themselves from their profile, and anyone can unsubscribe from an alert from the email itself, without signing in.

Users also have the right to lodge a complaint with the Spanish Data Protection Agency (Agencia Española de Protección de Datos, www.aepd.es) if they consider that their rights have been infringed.

9. Accuracy of data and minors

The user guarantees that the data provided is true, accurate and up to date, and accepts responsibility for keeping it duly updated. Use of the Website’s services is reserved for persons over the age of 14. In the case of minors under 14, verifiable authorisation from the holders of parental authority or guardianship will be required.

The Website may include links to third-party websites or social media, whose privacy policies are outside the control of EMPORDÀ PROPERTIES. EMPORDÀ PROPERTIES accepts no responsibility for the privacy practices of those external websites and recommends reading their terms before providing any personal information.

11. Changes to the privacy policy

EMPORDÀ PROPERTIES reserves the right to update this Privacy Policy to adapt it to regulatory changes or case-law criteria. Any changes will be published on the Website, stating the date on which they take effect.