WEBSITE PRIVACY POLICY

avanzahomes.com

I. PRIVACY AND DATA PROTECTION POLICY

In compliance with current legislation, Avanza Homes (hereinafter, also Website) undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated in this privacy policy

This privacy policy is adapted to the current Spanish and European regulations on the protection of personal data on the internet. Specifically, it complies with the following regulations:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
  • Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
  • Royal Decree 1720/2007 of 21 December, which approves the Regulations for the development of Organic Law 15/1999 of 13 December on the Protection of Personal Data (RDLOPD).
  • Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the data controller

The data controller of the personal data collected on Avanza Homes is: Jesús Requena Rosado (hereinafter, Data Controller). His contact details are as follows:
Address: C/ Príncipe de Vergara, 291 – 28016 (Madrid)

Contact telephone number: 911 25 09 88

Contact email: info@avanzahomes.com

Registration of Personal Data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Avanza Homes, through the forms provided on its pages, will be incorporated and processed in our file in order to facilitate, expedite and fulfil the commitments established between Avanza Homes and the User or the maintenance of the relationship established in the forms that the User completes, or to respond to a request or query from the User. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is maintained, specifying, according to their purposes, the processing activities carried out and other circumstances established in the GDPR.

Principles applicable to the processing of personal data

The processing of the User’s personal data will be subject to the following principles set out in Article 5 of the GDPR and Article 4 and following of Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights:

  • Principle of lawfulness, fairness and transparency: the User’s consent will be required at all times following completely transparent information on the purposes for which the personal data are collected.
  • Principle of purpose limitation: personal data will be collected for specified, explicit and legitimate purposes.
  • Principle of data minimisation: personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
  • Principle of accuracy: personal data must be accurate and always up to date.
  • Principle of storage limitation: personal data will only be kept in a way that allows the identification of the User for the time necessary for the purposes of their processing.
  • Principle of integrity and confidentiality: personal data will be processed in a manner that ensures their security and confidentiality.
  • Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by Avanza Homes are solely identification data. In no case are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Avanza Homes undertakes to obtain the User’s express and verifiable consent for the processing of their personal data for one or more specific purposes.
The User shall have the right to withdraw their consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.

On occasions when the User must or may provide their data through forms to make queries, request information or for reasons related to the content of the Website, they will be informed if the completion of any of them is obligatory due to the fact that they are essential for the correct development of the operation carried out.

Purposes of the processing for which the personal data are used

Personal data is collected and managed by Avanza Homes in order to facilitate, expedite and fulfil the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the User completes or to respond to a request or query.
Likewise, the data may be used for commercial purposes of personalisation, operational and statistical purposes, and activities related to the corporate purpose of Avanza Homes, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.

At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the processing to which the personal data will be used; that is, the use or uses to which the information collected will be put.

Periods of retention of personal data

Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 60 months, or until the User requests their deletion.
At the time the personal data is obtained, the User will be informed about the period for which the personal data will be retained or, where that is not possible, the criteria used to determine this period.

Recipients of personal data

The User’s personal data will be shared with the following recipients or categories of recipients:

– Web Hosting: LLOOL TECHNOLOGY, S.L. with address at C/ Fernández de Oviedo 28 Bajo, 33012 Oviedo (Spain)

In the event that the Data Controller intends to transfer personal data to a third country or international organisation, the User will be informed at the time the personal data is obtained about the third country or international organisation to which it is intended to transfer the data, as well as the existence or absence of an adequacy decision by the Commission.

Personal data of minors

In compliance with Articles 8 of the GDPR and 7 of Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, only those over the age of 14 may lawfully give their consent for the processing of their personal data by Avanza Homes. If the person is under 14 years of age, the consent of the parents or guardians will be required for processing, and this will only be considered lawful to the extent that they have authorised it.

Secrecy and security of personal data

Avanza Homes undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, to ensure the security of personal data and to prevent accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorised communication or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, is fully encrypted or encrypted.

However, because Avanza Homes cannot guarantee the impregnability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to inform the User without undue delay when a breach of the security of personal data occurs that is likely to involve a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a breach of the security of personal data means any breach of security that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorised communication or access to such data.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform and ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom the information is made accessible.

Rights deriving from the processing of personal data

The User may exercise the following rights recognised in the GDPR and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights over Avanza Homes:

  • Right of access: This is the User’s right to obtain confirmation as to whether or not Avanza Homes is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Avanza Homes has carried out or is carrying out, as well as, among other things, information available about the origin of such data and the recipients of the communications made or planned thereof.
  • Right of rectification: This is the User’s right to have their personal data amended if it proves to be inaccurate or, taking into account the purposes of the processing, incomplete.
  • Right of erasure (“the right to be forgotten”): This is the User’s right, provided that the legislation in force does not establish otherwise, to obtain the erasure of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis for the processing; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data has been unlawfully processed; the personal data must be erased in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a person under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the technology available and the cost of its implementation, shall take reasonable steps to inform other data controllers that are processing the personal data of the data subject’s request for the deletion of any link to that personal data.
  • Right to restriction of processing: This is the User’s right to restrict the processing of their personal data. The User has the right to obtain the restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
  • Right to data portability: In cases where the processing is carried out by automated means, the User shall have the right to receive from the Data Controller their personal data in a structured, commonly used and machine-readable format, and to transmit it to another data controller. Where technically feasible, the Data Controller shall transmit the data directly to that other controller.
  • Right to object: This is the User’s right to object to the processing of their personal data or to cease the processing of their personal data by Avanza Homes.
  • Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualised decision based solely on the automated processing of their personal data, including profiling, unless otherwise provided by the law in force.

Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference “GDPR-avanzahomes.com“, specifying:

  • Name, surname(s) of the User and a copy of their ID card. In cases where representation is admitted, it will also be necessary to identify the person representing the User by the same means, as well as the document accrediting the representation. The photocopy of the ID card may be replaced, by any other legally valid means that proves the identity.
  • Request with the specific reasons for the request or information to which you wish to have access.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document that proves the request being made.

This request and any other attached document may be sent to the following address and/or email:
Postal address: C/ Príncipe de Vergara, 291 – 28016 (Madrid)

Email: info@avanzahomes.com

Links to third party websites

The Website may include hyperlinks or links that allow access to third-party websites other than Avanza Homes, and which are therefore not operated by Avanza Homes. The owners of such websites will have their own data protection policies, and they themselves, in each case, are responsible for their own files and their own privacy practices.

Complaints to the supervisory authority

In the event that the User considers that there is a problem or infringement of the current regulations in the way their personal data is being processed, they will have the right to effective judicial protection and to file a complaint with a supervisory authority, in particular, in the State in which they have their habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary that the User has read and is in agreement with the conditions on the protection of personal data contained in this Privacy Policy, as well as that they accept the processing of their personal data so that the Data Controller can proceed with the same in the manner, during the periods and for the purposes indicated. Use of the Website will imply acceptance of its Privacy Policy.
Avanza Homes reserves the right to modify its Privacy Policy, according to its own criteria, or due to a legislative, jurisprudential or doctrinal change by the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is advised to consult this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights.