The security of personal data has become one of the top priorities of organizations, and at AYRE Estates, ensuring the inviolability of that information must be a priority objective. In this sense, we want to be transparent and make available to all people who interact with us, this Privacy Policy.
This policy applies to AYRE Estates and to the websites related to AYRE Estates whose composition can be checked at any time at: https://ayreestates.es/politica-privacidad/ (referred to as "AYRE Estates"). References in this Privacy Policy to "AYRE Estates", "we", "us" and "our" concern the entity responsible for processing your personal information, which, in general, will be the one that collects and processes it.
AYRE Estates is a real estate agency committed to the processing of personal data in accordance with Regulation (EU) 2016/679, April 27, 2016, regarding the protection of natural persons concerning the processing of personal data and the free movement of such data, and other current regulations on Data Protection.
This Privacy Policy applies to all Users, understood as such, to visitors of the website, as well as to any other person who provides us with personal information through the different channels (hereinafter, “User” or “Users”). In this context, Channelsare the various means or services that we make available to you so that you can interact with us, whether or not they involve registration, such as websites, applications, platforms, mailboxes, information or customer service addresses or phone numbers, social media profiles, forms, events, etc.
Some of our online Channels may contain links to other websites and applications of third parties unrelated to AYRE Estates. This Privacy Policy does not apply to them. Please also review the Privacy Policies of those third parties to familiarize yourself with their practices. They may also contain third-party cookies that are not owned or controlled by AYRE Estates. In this case, you can choose your third-party Cookie settings using our Cookie Settings Tool, located at the bottom of the website, where you can manage your preferences and which you can access by clicking on "Cookies".
AYRE Estates adopts the necessary technical and organizational measures to ensure the security of personal data and to prevent its alteration, loss, processing, or unauthorized access, taking into account the state of technology, the nature of the data, and the risks to which they are exposed. You can also verify the presence of the SSL certificate by checking the properties of the Page in your browser. A connection will be secure when "https://" appears in the browser's address bar instead of "http://" and the symbol of a padlock is displayed. You can consult more features of the SSL certificate in the Legal Notice section.
WHO IS RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA?
Each time personal data is collected and processed, we will inform the User of the AYRE Estates Real Estate company that is responsible for the processing, and we will provide the corresponding identification data.
Regarding this Privacy Policy and this website, we inform you that the data controller is:
• Corporate name: Advisory and profitability S.L.
• NIF: B10853786
• Address: Avenida de la Aurora number 12, 29002, Málaga.
• Phone: +34 951 915 000
• Fax: +34 919 931 000
• Contact email: contacto@ayreestates.es
• The user may contact the Data Protection Department to resolve any questions related to the processing of their personal data at the same postal address provided or through the email address contacto@ayreestates.es
WHAT PERSONAL DATA CAN WE COLLECT THROUGH OUR CHANNELS?
For the purposes of this Privacy Policy, "personal data" are those data that identify a person or can be used to identify them.
AYRE Estates informs its Users that their personal data, obtained through the Channels owned or held by them, may only be collected for processing when they are adequate, relevant, and not excessive in relation to the scope and the determined, explicit, and legitimate purposes for which they have been obtained.
When personal data is collected through our Channels for specific purposes, the User will be provided with clear and unequivocal information in advance about i) the responsible party and their contact details, iii) the specific purposes of the processing and the legal basis, iv) the recipients or categories of recipients, if applicable, as well as the existence or not of international transfers, v) the criteria or retention periods, vi) as well as the rights that the interested party has.
The User is also solely responsible for the information they provide, and for its truthfulness and legality.
FOR WHAT PURPOSE AND LEGITIMACY DOES AYRE ESTATES PROCESS PERSONAL DATA?
AYRE Estates processes Users' personal data collected through any of our Channels for the following purposes and legitimate bases:
• Manage the relationship established with us
In those services we provide through apps or web platforms, we process the data provided by Users in order to manage access credentials; provide assistance, respond to inquiries, as well as manage our products and services.
We also process data to respond to service requests and information requests from our Users received through any of our Channels, as well as to process, if applicable, suggestions, complaints, or grievances.
Similarly, we process your data when you subscribe to any of our alert channels, Newsletter, product and/or service news bulletins, or request the sending of commercial communications.
We process your data to manage appointments for visits to real estate assets, the preliminary documentary actions for reserving the real estate asset, signing of earnest money agreements, and activities related to the preparation of the sale. In short, everything related to the management for the final acquisition of the real estate asset(s).
We also process data for manage the Private Area for clients that the Customer Service and After-Sales Department makes available to clients. This service includes, among others, the After-Sales function, where access is provided to the incident reporting service and where they can track their process.
Management related to the service provided, such as management of collections, payments, defaults, billing, accounting and tax management, financing, guarantees, and taxes derived from the purchase and sale.
In these cases, the legal basis for processing is the consent granted by the User, as well as the execution of a contract and/or the legal relationships established with AYRE Estates.
• Promotional activities and commercial communications
We may send commercial communications, offers, gifts, discounts, information about participation in raffles, participation in contests, events, fairs, virtual tours of properties, etc., by any means of communication.
Sending promotional information about services and products by any means of communication, marketed by other companies in the Group AYRE Estates or marketed by third parties, including companies of the AYRE Estates Group as long as they have consented prior and expressly for it.
In these cases, the legal basis for processing is the consent provided by the User.
• Manage contact data in the context of contractual or commercial relationships
We process contact data of potential clients; legal representatives of legal entities and organizations, whether public or private; analysts and investors; or other participants who provide us with their data, with the purpose of sending them information of interest, managing the commercial relationship that binds us, being able to manage invitations or communications about events organized or sponsored by AYRE Estates or in which it participates.
The legal basis is the maintenance of the contractual and/or commercial relationship that binds us, or if it does not exist, the consent expressed by the User when providing the contact details.
• Compliance with the legal obligations that affect us.
Whether these legal obligations are of a commercial, tax, accounting, administrative nature; the legal basis that enables us for this processing is the fulfillment of legal obligations.
• Fraud management
In some of the services we provide, it is necessary to verify identity in order to offer protection, detect and prevent fraud or other illegal activities, unauthorized transactions, claims, and other types of liabilities, as well as manage quality and risks associated with the business; as well as investigate if necessary, illegal activities and potential breaches of our policies and/or conditions of our services.
The legal basis is the fulfillment of legal obligations that apply in each case. Among others and by way of example, Law 10/2010 of April 28 on the Prevention of Money Laundering and the Financing of Terrorism.
• Statistics and satisfaction surveys
We may process the data of Users for to carry out satisfaction surveys regarding our services and experience in the process of purchasing your home, as well as cookies collected through browsing in web environments.
The legitimizing basis in these cases is the consent provided by the User.
• Security and surveillance of the facilities
Our facilities are equipped with cameras and video surveillance systems to safeguard the security of property and individuals.
The legitimate basis for processing is AYRE Estates' legitimate interest in ensuring security in its facilities.
• Management of visits and third parties
In order to control access to the works and facilities of visits, collaborators, or other third parties, it is possible that, in some of our facilities, identification data may be collected.
The legitimizing basis is, in this case, consent, as well as the legitimate interest of AYRE Estates, in ensuring the safety of property and individuals in its facilities.
• Information of third parties
When the User provides us with data regarding third parties, either voluntarily or because we require it in compliance with a legal obligation, the User consents to the processing and declares that the data is accurate. Likewise, the User declares that they have informed the third parties of the content of this policy and/or the one that applies to them and has been specifically informed, and of the corresponding rights that assist them in terms of Personal Data Protection. Notwithstanding the above, AYRE Estates will make every effort to act properly in relation to the processing of such third parties.
• Public information
AYRE Estates may process any information to which it may have access as it is legitimately accessible public information, and in particular, any public information available in official registers. In any case, this processing will only be carried out if there is a legitimate basis as assessed in the applicable regulations and, whenever possible or a contractual relationship exists, the User will be informed.
HOW LONG DOES AYRE ESTATES KEEP THE USER'S PERSONAL DATA?
In general, the data will be kept (i) for the time necessary for the purpose for which they were collected, (ii) for the applicable limitation periods, if any responsibilities arise from the processing.
Specifically:
• The data collected to respond to requests or inquiries will be retained for the time necessary to address them.
• The data collected based on your consent will be kept as long as it is not withdrawn.
• For the rest of the cases, the User will be informed of the applicable retention periods for the specific treatment.
TO WHOM CAN AYRE ESTATES PROVIDE THE USER'S DATA?
At AYRE Estates, we are committed to not transferring or disclosing the personal information of our Users except as described in this Privacy Policy or, if applicable, at the time of data collection.
The following data communications are planned, when necessary:
• To the Tax Agency and other public state, regional, and local administrations and entities for the purposes of observing all legal provisions contained in the regulations and to carry out the corresponding tax declarations (taxes and fees), obtaining licenses and administrative authorizations, notifications of property ownership of real estate assets, addresses of the owners, also allowing the management of obligations related to the Property Tax and the Tax on the Increase in the Value of Urban Land.
• Other Agencies with competence in communications and information service provision, or Agencies with competence in consumer matters to address possible user complaints.
• If applicable, to Official Bodies in compliance with the Entities obliged under Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism.
• To banking and credit entities for the economic management of buying and selling operations including financing, mortgage subrogations, guarantees, and endorsements.
• To insurance brokers and insurance companies under Law 38/1999, of November 5, on the Regulation of Building and for the purposes of allowing the management of the activities necessary for contracting insurance policies for the amounts paid in advance as a result of the acquisition of a real estate asset.
• To the property administrators who manage or intend to initially manage the established or to be established communities of neighbors, in relation to the corresponding housing promotion.
• We may exchange personal information with service providers, whether they are companies of AYRE Estates Real Estate or third parties, contracted to perform services on our behalf. In these cases, whenever necessary, the corresponding data processing contracts are signed as established by the regulations on data protection. For example, entities involved in the construction of the real estate asset and in the processes of reviewing its suitability, for the purpose of managing the execution of work, prior to or after the delivery of the real estate asset to the purchaser, which require or involve their intervention for its development.
• Likewise, their data may be communicated to other Entities that are part of the AYRE Estates Group, including those located in third countries for the purpose of addressing their requests and sending them by any means, including electronic means, commercial information, and any other action described in the previously described purposes. Consent for such communications must have been previously obtained, in the different forms, questionnaires on the Page, and in those documents that have regulated the relationships between users, clients, and suppliers with which the controller has any link, through the corresponding checkboxes and the different ways of requesting explicit consent.
• In case of non-payment, data related to unpaid bills may be communicated to files related to compliance or non-compliance with monetary obligations.
• We reserve the right to transfer to a third party any information we have about Users in the event of any actual or potential transfer or sale of all or part of our business or assets (including cases of merger, acquisition, joint venture, restructuring, assignment, dissolution, or liquidation) or other structural or commercial operation. In such cases, those third parties will be required to guarantee levels of protection comparable to those provided by AYRE Estates regarding the information that will be shared.
• Outside of these cases, we can only disclose your personal information (1) to courts and tribunals or administrations in the exercise of their powers and administrative authorities, if permitted or required by law or legal process (such as a court order or subpoena); (2) to law enforcement authorities or other public officials to comply with a legal and legitimate request; (3) when we believe it is necessary to prevent physical harm or financial loss; (4) to establish, exercise or defend our legal rights; (5) in connection with an investigation of a suspected or proven case of fraud or illegal activity; or (6) with the User's consent.
We also inform you that to carry out the mentioned purposes, we rely on the collaboration of service providers, third parties, or companies of the Group that may be located in territories outside the European Economic Area that do not provide a level of data protection equivalent to that of the European Union. In such cases, we transfer Users' data with adequate guarantees and always ensuring their security, such as the formalization of Standard Contractual Clauses approved by the Commission, the content of which can be consulted at the following link: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_es.
SOCIAL NETWORKS
At AYRE Estates, we use social networks such as LinkedIn, Twitter, Facebook, Google+, Instagram, or YouTube to share our content. We act on the networks as data controllers for the data we publish, always processing them in accordance with the conditions established in each of the social networks.
Interaction with Users through the use of such profiles or tools may involve the international transfer of data, of an analytical and technical nature, in relation to the Page and social media profiles, being on the servers of the social media companies where the data provided by users through such profiles is processed.
PERSONAL DATA OF MINORS
AYRE Estates does not deliberately collect personal data from minors without the consent of their parents, representatives, or legal guardians. None of the Channels made available to the User by AYRE Estates are designed or directed at minors.
If parents, guardians, or legal representatives believe that their minor children have provided personal information without their consent, please contact us at the email address protecciondedatosinmobiliaria@ayreestates.es
DIRECT MARKETING
In general, AYRE Estates does not use Users' personal data for direct marketing purposes, except if prior consent has been obtained.
As a User, you can unsubscribe from direct marketing campaigns at any time and oppose the future processing of your personal data for such purposes by sending us an email to the address of the data controller or through the option "unsubscribe" corresponding, included in the emails.
AUTOMATED DECISIONS
At AYRE ESTATES, decision-making automation is carried out, including profiling.
EVENT ATTENDEES CONVENED BY AYRE ESTATES
In those acts, training, meetings, initiatives, etc. (hereinafter, "Events"), that are organized or promoted by AYRE Estates, inside or outside its facilities, we may request the User to provide us with personal data to adequately manage the Events and attendance to them. This data, by way of example and not limitation, may be related to access management, accreditation, means of transport and travel, accommodation, catering, delivery of related documentation, etc. This processing will be based on consent, and in certain cases, on the fulfillment of a contractual relationship or a legal obligation.
These data may need to be transferred to one of the service providers or collaborating or sponsoring entities that participate or intervene in the Event. As a general rule, we will only keep this information for the strictly necessary period to carry out the Event of which the User will be duly informed in each case. As a general rule, we will only keep this information for the strictly necessary period to carry out the Event and, if applicable, to comply with the limitation periods that may apply.
Image: In addition to the processing derived from the security and surveillance of our facilities, it may be that, as a result of the User's participation in Events, their image, and sometimes their voice, is captured and processed by AYRE Estates through photographs and/or video recording. Whenever the Events involve this processing, we will expressly inform the User. This processing may be for internal, external, and/or promotional purposes of the Events, so that such material may be used to reproduce, distribute, transform, publicly communicate, fix, and make available in any format or medium (including, by way of example and not limitation, exploitation through analog or digital means and the Internet, such as social profiles, websites, or intranet owned by the entities of the AYRE Estates Group) without such activities conferring any right to remuneration, compensation, or economic benefit to the User.
This processing is based on consent, either derived from the individual and express granting, whenever possible, by the User, or from attendance at Events whose image processing has been previously informed. The User's authorization extends to the worldwide territorial scope, with a transferable nature (within and outside AYRE Estates) and for the entire duration of the intellectual property rights. The User may revoke consent at any time, through the appropriate channels.
The intellectual and industrial property rights of the materials generated in connection with the events and activities belong exclusively to AYRE Estates.
WHAT ARE THE USER'S RIGHTS WHEN WE PROCESS THEIR DATA?
The User can exercise their rights of access, rectification, deletion, portability of their data, and/or limitation or opposition to their processing, before the corresponding data controller, or by writing to the Personal Data Protection Department, at Avenida de la Aurora number 12, 29002, Málaga, or by sending an email to the following address: protecciondedatosinmobiliaria@ayreestates.es. If we consider it necessary to identify you, we may request a copy of a document proving your identity.
You may also withdraw the consent granted at any time by addressing the above-mentioned address, as well as filing a complaint with the relevant Data Protection Authority and, in particular, with the Spanish Agency for Data Protection (www.aepd.es).
Observation: During periods of exceptional circumstances such as States of Alarm or Emergency, which involve periods of confinement, or other external disturbances such as natural disasters, extreme weather conditions, or wars, rights that are not exercised through the email account and are exercised by regular mail will have a longer response time than usual, with response periods being restored when the recommended confinement period is lifted.
EXTENDED INFORMATION
Below, we provide you with a series of links where you can obtain expanded information that may be useful to you regarding other personal data processing. You can also obtain information about the website at Legal Notice.
• Advisory and profitability S.L.
You can obtain extended information about the processing of personal data by ASE entities at www.ayreestates.es
• Candidates
Through our Employment Channel, any interested party can apply for job vacancies, scholarships, and/or specific programs. You can consult the complete information regarding this processing at: https://ayreestates.es/politica-de-privacidad/
• Ethical channel
We have a whistleblowing channel, called the Ethical Channel, in which both employees and suppliers or third parties can confidentially report any non-compliance they are aware of. You can consult the complete information regarding this processing at: https://ayreestates.es/politica-de-privacidad/
VALIDITY
Any changes made to the Privacy Policy and information management practices will be reflected in a timely manner, and AYRE Estates may add, modify, or replace this Policy when deemed necessary.
