Privacy Policy
I. PRIVACY AND DATA PROTECTION POLICY
In compliance with current legislation, JH Real Estate Mallorca (hereinafter, also Website) is committed to adopting the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.
Laws incorporated into this privacy policy This privacy policy is adapted to current Spanish and European regulations on the protection of personal data on the internet. Specifically, it complies with the following standards:
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 December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD). Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD). Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).
Identity of the personal data controller The data controller for personal data collected on JH Real Estate Mallorca is: José Heredia, with NIF: X2431963N (hereinafter, Data Controller). Their contact details are as follows: Address: C/ Can Sitjar, 11 – 1ºA – 07141 Marratxí, Islas Baleares Contact Phone: +34 659 363598 Contact Email: info@jhrealestate.es
Personal Data Register In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by JH Real Estate Mallorca through the forms provided on its pages will be incorporated into and processed in our file. This is done to facilitate, expedite, and fulfill the commitments established between JH Real Estate Mallorca and the User, to maintain the relationship established through the forms completed by the User, or to address a request or inquiry from the User. Furthermore, in accordance with the GDPR and the LOPD-GDD, unless the exception provided in Article 30.5 of the GDPR applies, a record of processing activities is maintained, which specifies, according to its 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, as set out in Article 5 of the GDPR and Article 4 et seq. of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:
Principle of lawfulness, fairness, and transparency: The User’s consent will always be required, preceded by completely transparent information regarding 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 minimization: The personal data collected will be strictly necessary in relation to the purposes for which they are processed. Principle of accuracy: Personal data must be accurate and kept up to date. Principle of storage limitation: Personal data will only be retained in a form that permits identification of the User for no longer than is necessary for the purposes for which they are processed. Principle of integrity and confidentiality: Personal data will be processed in a manner that ensures their security and confidentiality. Principle of proactive accountability: 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 JH Real Estate Mallorca are solely identifying data. Under no circumstances are special categories of personal data, as defined in Article 9 of the GDPR, processed.
Legal basis for the processing of personal data The legal basis for the processing of personal data is consent.
Purposes for which personal data are processed Personal data are collected and managed by JH Real Estate Mallorca to facilitate, expedite, and fulfill the commitments established between the Website and the User, or to maintain the relationship established through the forms completed by the latter, or to address a request or inquiry. Similarly, the data may be used for commercial personalization, operational and statistical purposes, and activities inherent to the corporate purpose of JH Real Estate Mallorca, as well as for data extraction, storage, and marketing studies to adapt the Content offered to the User, and to improve the quality, functionality, and navigation of the Website. At the time personal data are obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses that will be made of the collected information.
Personal data retention periods 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: 5 years, or until the User requests their deletion. At the time personal data are obtained, the User will be informed about the period during which the personal data will be stored or, when that is not possible, the criteria used to determine this period.
Recipients of personal data The User’s personal data will not be shared with third parties. In any case, at the time personal data are obtained, the User will be informed about the recipients or categories of recipients of the personal data.
Personal data of minors Respecting the provisions of Articles 8 of the GDPR and 7 of Organic Law 3/2018, of December 5, on the Protection of
Secrecy and security of personal data JH Real Estate Mallorca undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, to guarantee the security of personal data and prevent accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or otherwise processed, or unauthorized communication or access to such data. The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data are transmitted securely and confidentially, as the transmission of data between the server and the User, and vice versa, is fully encrypted. However, since JH Real Estate Mallorca 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 communicate to the User without undue delay when a personal data security breach occurs that is likely to result in a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a personal data security breach is understood as any security breach that leads to the accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or otherwise processed, or unauthorized communication or access to such data. Personal data will be treated as confidential by the Data Controller, who undertakes to inform and guarantee, by means of a legal or contractual obligation, that such confidentiality is respected
Rights derived from the processing of personal data The User has the following rights concerning JH Real Estate Mallorca and may, therefore, exercise before the Data Controller the following rights recognized in the GDPR and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:
Right of access: This is the User’s right to obtain confirmation as to whether or not JH Real Estate Mallorca is processing their personal data and, if so, to obtain information about their specific personal data and the processing that JH Real Estate Mallorca has carried out or is carrying out, as well as, among other things, available information on the origin of such data and the recipients of the communications made or planned thereof. Right to rectification: This is the User’s right to have their personal data corrected if they are inaccurate or, taking into account the purposes of the processing, incomplete. Right to erasure (“right to be forgotten”): This is the User’s right, provided that current legislation does not state otherwise, to obtain the erasure of their personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data have been unlawfully processed; the personal data must be erased in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its implementation, must take reasonable measures to inform controllers who are processing the personal data of the data subject’s request for the erasure of any links to, or copy or replication of, those personal data. Right to restriction of processing: This is the User’s right to limit the processing of their personal data. The User has the right to obtain the limitation of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data for the purposes of the processing, but the User requires them for the establishment, exercise, or defense of legal claims; and when the User has objected to the processing. Right to data portability: If 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 those data to another data controller. Where technically feasible, the Data Controller will directly transmit the data 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 thereof by JH Real Estate Mallorca. 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 a decision based solely on automated processing of their personal data, including profiling, unless current legislation provides otherwise.
Therefore, the User may exercise their rights by written communication addressed to the Data Controller with the reference “RGPD-www.jhrealestate.es”, specifying:
User’s name, surname, and copy of ID. In cases where representation is permitted, the identification by the same means of the person representing the User, as well as the document proving the representation, will also be necessary. A photocopy of the ID may be replaced by any other valid legal means of proving identity. Request with the specific reasons for the request or information to be accessed. Address for notification purposes. Date and signature of the applicant. Any document that supports the request made.
This request and any other attached document may be sent to the following address and/or email: Postal address: C/ Can Sitjar, 11 – 1ºA – 07141 Marratxí, Islas Baleares Email: info@jhrealestate.es
Links to third-party websites The Website may include hyperlinks or links that allow access to third-party websites other than JH Real Estate Mallorca, and therefore are not operated by JH Real Estate Mallorca. The owners of such websites will have their own data protection policies, and they themselves, in each case, will be responsible for their own files and privacy practices.
Complaints to the supervisory authority If the User believes there is a problem or infringement of 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, particularly in the State where they have their habitual residence, place of work, or place of the alleged infringement. In
II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY
It is necessary for the User to have read and agreed to the conditions regarding the protection of personal data contained in this Privacy Policy, and to accept the processing of their personal data so that the Data Controller can proceed with it in the manner, during the periods, and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy. JH Real Estate Mallorca reserves the right to modify its Privacy Policy, according to its own discretion, or motivated by a legislative, jurisprudential, or doctrinal change from 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 stay informed 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 April 27, 2016, regarding 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 December 5, on the Protection of Personal Data and guarantee of digital rights.