Legal notice

Privacy policy

1- WHO IS THE DATA CONTROLLER?

The data controller and owner of the website https://www.coldwellbanker.es is CLAVERMON S.L., with registered office at Avenida Diagonal 606, Principal - 1, 08021, Barcelona INSCRIPTED in the Mercantile Register of Barcelona on 26 July 2012, Volume 43298, Folio 0150, GENERAL Section, Page 423669, Province B, Entry 1.

We hereby inform you that, for operational purposes of customer, media and contact management, your personal data may be shared, where appropriate, with the companies that own the Coldwell Banker Agencies that are involved in the service or transaction in which you are interested. In these cases, Clavermon, SL and the participating agency will act as co-responsible for the processing of your personal data. Hereinafter, Clavermon, SL or, where appropriate, the franchisee companies, either individually or jointly, will be referred to as COLDWELL BANKER.

COLDWELL BANKER has taken all necessary technical and organisational measures to comply with the requirements of current data protection legislation, in particular the EU General Data Protection Regulation.

COLDWELL BANKER Contact Details

Telephone: (+34) 935 950 135

E-mail: [email protected]

2- WHAT TYPE OF PERSONAL DATA DO WE PROCESS AND FOR WHAT PURPOSE?

1-Types of personal data we process

We may collect and process the following categories of personal data:

  1. Name, title, gender.
  2. Your contact details, personal account, address, telephone number, VAT number and email address.
  3. Information about your requests, sales, purchases or rentals.
  4. Communications with you.

We record your communications with us by e-mail or other means. When you communicate via telephone, our customer service may record your questions or complaints in our database.

  1. Information collected when you use our website and other digital media, if applicable.

When you visit our website, we may log your IP address, browser type, operating system, referring website and web browsing behaviour.

We may receive an automatic notification when you register for or open a newsletter or click on a link in that newsletter.

  1. Information relating to social networks.

Depending on your social network settings we may receive information from your social network provider. For example, when you log in with a social network account to use our services, we may receive your social network profile including contact details, interests and contacts. For more information on the personal data we receive from your social network provider and how to change your settings, please refer to your social network provider's website and privacy policy.

  1. Information you choose to share with us.

You may choose to share information with us, for example, by adding a comment on Facebook, completing a customer survey, or other.

  1. The information you provide to us through our interactive chat tool (chatbot) will be used to handle your requests and, if you give us your explicit consent, to include it in a database to segment and profile you according to your interests and to subsequently carry out marketing actions or communications, as well as to improve our services.

2-Your personal data will only be used for the following purposes:

  1. a) To carry out the necessary commercial and administrative procedures with the users of the website and our customers.
  2. b) To contact you for contractual negotiations and to process your queries.
  3. c) In the case of formalising contracts, purchases, sales or rentals, the data is used to process the corresponding contracts. In this respect, your data may be shared with notaries, registry offices and, if necessary, your payment details may be shared with the relevant financial institution.
  4. d) Send commercial advertising communications by email, social networks or any other electronic or physical means, if you have expressly consented to the sending of such commercial communications by electronic means. If you are a COLDWELL BANKER customer, we may send you commercial information related to the properties purchased, sold or rented or the services you have contracted.
  5. e) Communicate with you to answer your queries and deal with your complaints.
  6. f) Communicate with you to obtain your opinion on the quality of our services or the treatment received.
  7. g) Likewise, the data collected during your browsing is processed for the purpose of providing access to the online content of the website, as well as to respond to requests from users of the website, keep a record of visitor statistics (IP addresses, browser data, country, page accessed, etc.) for the purpose of enabling us to develop better services and products, optimise our offer, provide more effective customer service and improve the design and content of our websites.
  8. h) The data of our customers and suppliers will be processed, within the contractual relationship that binds them to COLDWELL BANKER, in compliance with administrative, tax, accounting and labour obligations that are necessary under current legislation.
  9. i) The data of Coldwell Banker franchisees will be processed within the contractual relationship they have with Clavermon, SL.
  10. (j) Objection or revocation. You may object or revoke your consent to receiving marketing communications at any time by following the instructions in the relevant marketing communication or by contacting us at [email protected]
  11. k) If you fill in any of the forms on our website, you will be required to provide certain personal data, which will be processed for the purpose for which it is requested.
  12. l) The personal data of our employees will be used for the fulfilment of the corresponding employment and contractual obligations.

In accordance with the LSSICE, COLDWELL BANKER. does not engage in SPAM practices, therefore, does not send commercial e-mails if it does not have the necessary permission. In any case, you will always have the option to withdraw your consent to receive our communications.

We will not process your personal data for any other purpose than those described in this Policy, except by legal obligation or court order.

Your personal data will not be subject to any decisions based on automated processing which have an effect on you.

3- WHAT IS THE LEGAL BASIS THAT LEGITIMISES THE PROCESSING OF YOUR DATA?

Your expressed consent to carry out the purposes described above is the legal basis for the processing of your personal data, which will be requested at the time you request information from us, or by ticking the corresponding box when providing your data on any of our personal data collection forms.

In the event of a business relationship between a network user, customer, supplier or employee and COLDWELL BANKER, the legal basis for the processing of your personal data shall be the implementation of the contractual relationship that has arisen, as well as, where appropriate, compliance with the relevant legal obligations.

If you do not provide us with your personal data or if you do not accept this privacy policy, COLDWELL BANKER will not process your personal data, but it may also make it impossible for you to receive information about COLDWELL BANKER products and services or, where applicable, to conclude a contractual relationship between you and COLDWELL BANKER.

Commercial information.

Any communication sent will be incorporated into COLDWELL BANKER's information systems.

In the case that you provide us with your personal data and accept this privacy policy, we inform you that COLDWELL BANKER may carry out the following activities and/or actions, unless you tell us otherwise:

- The sending of commercial and/or promotional communications corresponding to the response to your request for information by any means. The legal basis that legitimises this process is your expressed consent given when you voluntarily make the request.

- The sending of any information, including commercial information about news, updates, exhibitions, etc. and all information related to our activities and related to the properties purchased or services contracted by our customers. The legal basis that legitimises this process is our legitimate interest within the commercial relationship established with you.

-The sending of our newsletter, if you have subscribed to it. The legal basis for this is your expressed consent given when you voluntarily subscribe.

The User is informed that the means of communication provided by COLDWELL BANKER to contact customers and other affected parties include the corporate landline and mobile phones and the corporate or customer service emails provided on our website.

CVs

In the event that you send your CV to COLDWELL BANKER, we inform you that the data provided will be processed by Clavermon, SL or by the Coldwell Banker Agency to which you have sent it, in order to involve you in any recruitment processes that may take place. We will carry out an analysis of the applicant's profile with the aim of selecting the best candidate for the vacant position at COLDWELL BANKER. Please note that we will only accept your CV if you send it to us electronically, so CVs submitted or handed in on paper will not be accepted. In the event of any changes to your details, please notify us in writing as soon as possible so that we can keep your details up to date. Your CV will not be passed on by the Receiving Company to third parties, including companies within the COLDWELL BANKER franchise system, without your explicit consent.

We inform you that your CV and the data it contains will be kept for a maximum period of one year, after which the data will be deleted, guaranteeing you total confidentiality both in the processing and in its subsequent destruction. After this period, if you wish to continue participating in COLDWELL BANKER's selection processes, please send us your updated CV again.

However, if you are recruited by COLDWELL BANKER your CV will be retained, together with the rest of your employment record, for as long as your contractual relationship with us is maintained.

Processing of data of potential franchisees.

In the event that you send us your personal data along with other professional and economic data to enter into a COLDWELL BANKER franchise application process, Clavermon, SL will process this information in order to participate in the selection and recruitment processes of franchisees. This information is processed on the basis of your explicit consent expressed when you voluntarily send us the information and, if applicable, the existence of a pre-contractual or contractual relationship.

Likewise, we inform you that your personal data will be deleted and we will not keep any copy, in the event you do not become our franchisee due to your profile or for any other reason. In the event that due to your profile you may be potentially suitable as a potential franchisee, but initially there is no possibility of franchising you, your CV and other data will be kept for a maximum period of one year for future franchisee selection processes. After this period without being called for any process, they will be deleted and we will not keep any of your personal data.

4- CONSERVATION PERIOD How long will we keep your data?

The personal data you provide to us will be kept for the time required to manage the information you request from us, as well as to manage your transactions or for the fulfilment of any contract between COLDWELL BANKER and third parties. In the event that we have your identification data in our database for sending commercial information, it will be kept for as long as the necessary legal basis for its storage and use is maintained. You may cancel your data at any time to opt out of receiving marketing information.

Once the data have fulfilled the purpose for which they were collected, we will delete them permanently. However, we will retain your data for a longer period of time if this is necessary for the fulfilment of legal obligations. It may also be necessary to keep it for as long as it is necessary for the statutory limitation period for any legal liabilities that may arise.

The data you provide us with in order to initiate a recruitment process will be kept for a maximum period of one year. Subsequently, if you have not joined COLDWELL BANKER or are not part of a recruitment process, your data will be deleted and we will not keep a copy.

The personal data of our employees will be retained for the duration of their employment with COLDWELL BANKER and thereafter for the legally applicable time periods.

The personal data of our franchisees will be retained for the duration of the contractual relationship with COLDWELL BANKER and thereafter for the legally applicable statutory and contractual limitation periods.

5- TO WHICH RECIPIENTS WILL YOUR DATA BE COMMUNICATED?

Within our organisation, your personal data will be processed by duly authorised personnel and, if necessary or feasible to fulfil the purposes indicated above, it may be processed by the companies that own Coldwell Banker Agencies, as detailed in section 1 of this Privacy Policy and, in certain cases, by third parties.

The categories of recipients to whom your Personal Data may be disclosed are as follows:

  1. Named third party processors, such as IT providers, consultants and advisors and other companies providing other auxiliary services;
  2. Social network providers, marketing agencies and fraud detection service providers.
  3. Public organisations and bodies, exclusively for the purpose of complying with the corresponding legal obligations.
  4. Other providers to whom, where applicable, your personal data may be transferred, such as financial institutions, insurance companies, notaries, registries, etc.
  5. Third Party Websites. Our websites link to third party websites. If you follow these links, you will leave our website or mobile applications. This privacy policy does not apply to third party websites. COLDWELL BANKER disclaims any liability for third parties' use of your personal data. Your use of these websites is at your own risk.

In any case, all of the aforementioned third parties will have previously signed a confidentiality agreement in accordance with our instructions in accordance with the applicable data protection regulations, will be bound by a duty of professional secrecy or will be acting in compliance with a legal obligation.

The information you provide to us both through this website and through the application will be hosted on COLDWELL BANKER's servers.

6.- WHAT ARE YOUR RIGHTS WHEN YOU PROVIDE US WITH YOUR DATA?

If you wish to exercise the rights that the data protection regulations grant you, please send us an e-mail to the following address [email protected], inserting in the subject line the right you wish to assert and attaching a copy of your national identity card or passport.

The rights recognised by current legislation and which, where applicable, may be asserted are as follows:

Right of Access to data:

You have the right to be informed by COLDWELL BANKER whether or not your personal data is being processed, and in the event that the processing is confirmed, COLDWELL BANKER will enable your access by providing you with the following information:

-The purposes of the processing.

-The categories of data concerned.

-The period or criteria for the storage of the data.

The right to rectify the data:

You have the right to have COLDWELL BANKER rectify your data where it is inaccurate or incomplete by means of an additional corrective statement.

Right to erasure of data:

The data subject shall have the right to have his/her data deleted by COLDWELL BANKER, where:

-The processing is unlawful.

-The data subject has withdrawn his or her consent.

-The data is no longer necessary for the purposes for which it was collected or processed.

-The data subject has asserted his or her right to object and no other legitimate grounds for such processing prevail.

-The data must be deleted in order to comply with a legal obligation on the part of COLDWELL BANKER.

The data subject shall not have the right to have his or her data deleted by COLDWELL BANKER if the erasure is necessary:

-To exercise the right to freedom of expression and information.

-In order to comply with a legal obligation on the part of COLDWELL BANKER.

-For the formulation, exercise or defence of claims.

-In the public interest based on current legislation for reasons of public health or for historical, statistical or scientific research purposes.

Right to data portability:

You have the right for COLDWELL BANKER to transmit your data to another data controller or to the data subject himself/herself, in a structured, commonly used and machine-readable format, where the processing is carried out by automated means and is based on:

-The data subject's consent for specific purposes.

-The implementation of a contract or pre-contract with the data subject.

The right to data portability shall not apply where:

-It is technically impossible to transmit.

-It is likely to adversely affect the rights and freedoms of third parties.

-The processing has a public interest mission based on the legislation in force.

Right to object to processing:

The data subject shall have the right to object to the processing of their data carried out by COLDWELL BANKER on grounds relating to their particular situation, where the processing is based on:

-Direct marketing.

-Profiling.

-The legitimate interest of the controller or third parties, provided that this does not override the interests or the rights and freedoms of the data subject, in particular if the data subject is a child.

-Historical, statistical or scientific research, unless the processing is necessary for reasons of public interest.

Even if the data subject objects to the processing of his or her data, COLDWELL BANKER may continue to process the data if its legitimate interest prevails over the interests or the rights and freedoms of the data subject in a justified legal proceeding.

COLDWELL BANKER shall inform the data subject of the right to object to the processing of his or her data explicitly, clearly and separately from any other information at the time of the first communication.

Right to object:

This is the right to prevent or stop the processing of your personal data when your consent to the processing is not necessary, due to the existence of a legitimate and well-founded reason, related to your specific personal situation, which justifies it, and provided that a law does not provide otherwise.

Right not to be subject to profiling:

The data subject shall have the right to refuse profiling intended to make individual decisions based on automated data processing and aimed at evaluating, analysing or predicting the following personal aspects:

-Professional performance.

-Economic situation.

-Health.

-Personal preferences or interests.

-Reliability.

-Behaviour.

-Location or movements of the person.

Where profiling is based solely on automated processing:

-The data subject shall have the right to be informed if the decision that may be taken is likely to produce legal effects which significantly affect him or her.

-The data subject shall have the right to obtain human intervention by COLDWELL BANKER, to express his or her point of view and to challenge the decision, if the processing has been authorised by:

-The data subject's explicit consent.

-A contract between COLDWELL BANKER and the data subject.

The right not to be profiled shall not apply where the decision that may be taken as a result of profiling is authorised by:

-the data subject's explicit consent

-A contract between COLDWELL BANKER and the data subject.

-Processing on the basis of applicable law.

7-COMPLAINTS BROUGHT BEFORE THE CONTROLLING AUTHORITY:

In the event that you consider that COLDWELL BANKER has infringed any of your rights protected by the personal data protection regulations or that it has violated any obligation regarding the protection of Personal Data, you have the right to submit a complaint to the competent controlling authority which is the Spanish Data Protection Agency located at Calle Jorge Juan, 6. 28001 - Madrid.

Tel. 901 100 099 - 912 663 517

You can also file an online complaint through the website at https://www.aepd.es.

8-LEGISLATION AND JURISDICTION

This privacy policy is governed in each and every respect by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

It is also governed by the Organic Law 3/2018 dated 5 December, on the Protection of Personal Data and guarantee of digital rights. Likewise, our website is governed by Law 34/2002, dated 11 July, on information society services and electronic commerce.

Users of this website are subject to Spanish legislation and jurisdiction to which they hereby explicitly submit, and the Courts and Tribunals of BARCELONA shall be competent for the resolution of all disputes arising from or related to its use.

9-ADDITIONAL INFORMATION

-SOCIAL MEDIA (PRIVACY POLICY)

Please note that COLDWELL BANKER may have a presence on social networks. The processing of data carried out by people who become followers on social networks (and / or make any link or action of connection through social networks) of the official pages of COLDWELL BANKER will be governed by this section, as well as by those conditions of use, privacy policies and access regulations belonging to the social network that applies in each case and previously accepted by the user.

COLDWELL BANKER will process your data for the purposes of properly managing your presence on the social network, informing you of activities, products or services of the provider, as well as for any other purpose that the regulations of the Social Networks allow.

The publication of content is prohibited:

- Which are allegedly unlawful by national, EU or international regulations or which carry out allegedly unlawful activities or contravene the principles of good faith.

- That violate the fundamental rights of individuals, lack of courtesy in the network, annoy or may generate negative opinions in our users or third parties and in general any content that COLDWELL BANKER considers inappropriate.

- And in general that contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual and industrial property rights.

COLDWELL BANKER also reserves the right to remove any content deemed inappropriate from the website or the corporate social network without prior notice.

Communications sent through social networks will be incorporated into a file owned by COLDWELL BANKER, who may send information of interest to you.

You can access more information, as well as consult the companies that are part of our group, in this privacy policy.

In any case, if you send personal information through the social network, COLDWELL BANKER shall be exempt from liability in relation to the security measures applicable to this platform, and the user should consult the corresponding specific conditions of the network in question if he/she wishes to know them.

SECURITY MEASURES:

The data you provide will be treated confidentially. COLDWELL BANKER has adopted all the technical and organisational measures and all the necessary levels of protection to guarantee security in the processing of data and to avoid its alteration, loss, theft, unauthorised processing or access, in accordance with the state of technology and the nature of the data stored. Likewise, it is also guaranteed that the processing and recording in files, programmes, systems or equipment, premises and centres comply with the requirements and conditions of integrity and security established in the regulations in force.

LANGUAGE

The language applicable to this Privacy Policy is Spanish. Therefore, in the event of any contradiction in any of the versions provided in other languages, the Spanish version shall prevail.

10-UPDATING.

This Privacy Policy was last updated in November 2020 but may be updated at any time. We recommend that you consult it each time you access our page in the event that it has been altered.

TERMS AND CONDITIONS OF WEB USE

 

  1. SCOPE:

These Terms and Conditions of Use of the Website establish the general conditions that regulate both access and browsing, as well as the use of the contents of this website.

The information contained in this website refers to the properties and services marketed by CLAVERMON S.L. and its network of franchised agencies through the COLDWELL BANKER brand (hereinafter COLDWELL BANKER). The information published is for informational purposes only and a visit to our website in no way implies a commitment to purchase or rent the properties published or the contracting of our services. COLDWELL BANKER reserves the right to modify the information contained herein when it deems appropriate and without prior notice, not being responsible for the accuracy, inadequacy or authenticity of the information provided.

In turn, it reserves the right to modify the content of this document of Conditions of Use of the website. Therefore, the User must read this document carefully each time he/she intends to use the Website, as it and its conditions of use set out in these Conditions of Use of the website may be subject to change.

The provision of the service of this website is limited to the time at which the User is connected to the website or to any of the services provided through it.

  1. CONDITIONS OF USE OF THE WEBSITE:

By simply accessing, browsing or using the website, you become a user. The user accepts fully and without any kind of reservation the conditions contained in the present Conditions of use of the website.

The user undertakes to use this website, together with its services and contents, in a lawful manner, in accordance with current legislation, generally accepted uses, good faith and public order.

The user undertakes not to carry out any actions that may cause damage to the website, rendering it unusable, overloading it or deteriorating it in any way, or preventing other users from freely accessing, using or enjoying the website.

  1. INTELLECTUAL PROPERTY AND USE OF CONTENT:

CLAVERMON S.L is the owner of the intellectual and industrial property rights of this website and all its contents (by way of example: name and COLDWELL BANKER brand, texts, photographs and other audiovisual content, software, graphic design, etc.) or has the corresponding licence or authorisation for its use. Access to browsing and use of this website by the user does not in any way imply any waiver, transfer, licence or total or partial transfer of the same.

It is prohibited to reproduce, modify, reuse, exploit, publicly communicate, upload files, send by mail, transmit, use, process or distribute in any way all or part of the contents included in this website for public or commercial purposes, if you do not have the express written permission of COLDWELL BANKER.

  1. LINKS

4.1. LINKS TO OTHER EXTERNAL WEBSITES:

COLDWELL BANKER disclaims any responsibility for any information present on the World Wide Web not produced by COLDWELL BANKER or not published under its name. The website may contain hypertext links to other sites on the World Wide Web which are completely independent of this website. COLDWELL BANKER shall not be liable or guarantee in any way whatsoever the accuracy, completeness or authenticity of the information provided by any person or entity, whether legal or otherwise, with or without legal personality, via such hypertext links.

4.2. EXTERNAL LINKS TO COLDWELL BANKER'S WEB PAGES:

If any other website, user or entity wishes to establish a link to https://www.coldwellbanker.es this link must be subject to the conditions detailed below:

  1. The link shall be directed to the home page or to any of its sections. The link, in any case, must be absolute and complete, taking the user with a single click to the URL of the home page or to the URL of any of its sections. The link must cover the entire screen of the https://www.coldwellbanker.es portal. Under no circumstances, unless expressly authorised in writing by COLDWELL BANKER, may the website that establishes the link reproduce https://www.coldwellbanker.es in any way, include it as an integral part of its website, use frames, redirections or any other measure that involves hiding the origin of the information.
  2. The establishment of links to https://www.coldwellbanker.es, from websites that contain illicit, illegal, degrading or obscene content, contravening morality or public order, is not authorised.

The Website access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter 'Linked Sites'). In these cases, COLDWELL BANKER acts as an intermediary service provider in accordance with the Law on Information Services and Electronic Commerce and shall only be liable for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not disabled the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content may notify COLDWELL BANKER by sending a message to [email protected], without this communication entailing the obligation to remove the corresponding link.

In any case, the existence of Linked Sites should not imply the existence of agreements with the managers or owners of these, nor the recommendation, promotion or identification of COLDWELL BANKER with the statements, content or services provided.

COLDWELL BANKER is not aware of the content and services of the Linked Sites and therefore shall not be liable for any damage caused by the unlawfulness, quality, failure to update, unavailability, error and uselessness of the content and / or services of the Linked Sites or any other damage that is not directly attributable to COLDWELL BANKER.

  1. EXCLUSION OF LIABILITY:

Responsibility for the use of this Website rests solely and exclusively with the User.

COLDWELL BANKER shall not be liable under any circumstances for damages of any kind that may be caused by:

  1. The non-availability, maintenance and operation of the Website or its services or content, as it requires supplies and services from third parties.
  2. Errors and omissions in the information published, as well as the lack of usefulness, suitability or validity of the Website or its services or content to meet the needs, activities or specific results or expectations of Users.

Access to the website does not imply any obligation on the part of COLDWELL BANKER to monitor the presence of viruses or any other harmful computer element. It is the responsibility of the User, in any case, to ensure the availability of appropriate tools for the detection and disinfection of harmful computer programs. COLDWELL BANKER shall not be liable for any damage caused to the computer equipment of Users or third parties during the use of the Website.

  1. LEGISLATION AND JURISDICTION

The Terms of Use of the website are governed in each and every one of its aspects by Spanish law and the General Data Protection Regulation of the European Union. Any dispute arising from matters related to this website shall be subject exclusively to the jurisdiction of the courts of the city of Barcelona.

  1. LAST UPDATED

This document was last revised in November 2020.