Privacy policy

Terms of Use and Privacy

Last update: February 7th, 2020

1.- Owner and data controller

The owner of this website and data controller is ENGEL MALLORCA INVEST SL, (hereinafter Mallorca Southwest), with registered office at Street Isaac Peral, 50, Postal Code 07157, Puerto de Andratx, Balearic Islands, Spain.

NIF: B-57545113

Email: andratx@engelvoelkers.com.

Mallorca Southwest is registered in the Public Registry of Commerce of the Balearic Islands, volume 2326, folio 26, sheet PM-61073 and 3rd inscription.

The use of the website attributes the condition of user, and with that you accept the terms and conditions indicated below: these Terms of Use and Privacy and our Cookie Policy.

1.2.- Description

The acceptance of the Terms of Use and Privacy of Mallorca Southwest, is a required condition for the use of our website.

These Terms of Use and Privacy regulate the collection, processing and use of your personal and non-personal information as a Mallorca Southwest user, from the effective date that appears in the header. Likewise, the conditions of use of the website and its functions (hereinafter the Service) are indicated.

To process your personal data, Mallorca Southwest complies with current, local and European legislation, as well as its development regulations.

2.- Description and Use of the Service

Mallorca Southwest has more than 30 years of experience and has been working since 1999 in the southwest of Mallorca. Today is the market leader in the acquisition of high-end residential properties, providing free advice in all issues related to the purchase, sale or long-term rental of a property in Mallorca.

On the other hand, Mallorca Southwest provides an information portal where you can find, among other things:

  • Purchase of houses
  • Purchase of farms
  • Purchase of apartments
  • Purchase of plots and lands.
  • Information and advice for real estate projects of new construction
  • Properties for rent
  • Information and advice for selling or renting properties
  • Articles about the company and market reports as well as information about the island of Mallorca
  • Blog with news and interesting information about real estate property in Mallorca

In addition, the users can register on the platform to have a personal space where they can view their favorite properties, notes, the saved searches and their property requests. Therefore, it will have an option to complete with more information the personal account and disconnect from it.

Finally, the user will also have the option to offer their property for both rent and sale.

3.- External links

The web may link to other websites.

However, we do not exercise any control over such sites or their contents, which are actually subject to their own terms and conditions. Nor do we assume any association or responsibility for them, nor guarantee their technical availability, quality, reliability, accuracy or veracity.

4.- Intellectual and Industrial Property

The content and information of Mallorca Southwest (among other brands, logos, data, text, image or computer code), as well as the hardware or software elements used to provide such content and information, are owned by Mallorca Southwest or has the corresponding authorizations for its use.

Therefore, and by virtue of the provisions of the national and European regulations on intellectual property, the modification, reproduction, duplication, copying, distribution, sale, resale and other forms of exploitation for commercial or equivalent purposes of the Service and its contents are prohibited.

For any other use of the content of the Service you need, in advance and in writing, our consent or, as the case may be, the authors of the content.

5.- User Content

You can contribute to the Service by sending us a message to our email address or through the contact forms available on the website (hereinafter “Content”).

We may use your Content in different ways, such as: display it on the website, reformate it, translate it into other languages, edit it for clarity, correct errors, promote or distribute it.

Therefore, by sending us Content you grant to Mallorca Southwest a worldwide, non-exclusive, free license, until the content is removed, transferable and sublicenseable on that Content.

That means that the content remains yours, but Mallorca Southwest, thanks to that license, can: a) use, reproduce, modify, adapt, translate, distribute and publish the Content, create derivative works from it, show it and display it worldwide, by any known means and for any legitimate purpose; and b) use the name you send in relation to that Content.

However, Mallorca Southwest reserves the right not to publish those contents or information that are false or contrary to the rights of third parties.

6.- Age

Regarding the use of the website, you declare that you are of legal age and that you have the necessary legal capacity to be bound by this agreement and use the site in accordance with its terms and conditions, which you fully understand and recognize.

If you contract the Service on behalf of a company, you acknowledge that you have the authorization and an adequate representation on behalf of the organization.

You declare that all the information you provide to access the Service, before and

during its use, is true, complete and accurate.

7.- Data protection

7.1.- Information collected

The personal and non-personal information collected will change depending on the use you make of the website and its characteristics.

The personal and non-personal information collected will reach us in two ways: 1) the one collected automatically and 2) the one you provide voluntarily.

7.1.1.- Data collected automatically

This information will consist of:

  • The information collected through cookies or similar mechanisms stored on your device, always with your consent. Check our Cookies Policy for more information.
  • The IP from which the connection is made, the type of device used and its characteristics, the version of the operating system, the type of browser, the language, the date, the country, the time of the request, the reference URL or the mobile network used, among others.
  • Data from the site and possible errors detected during its use, such as pages not found or erroneous visualizations.
  • Mallorca Southwest uses pixels of Facebook, a service provided by Facebook Ireland, Ltd., based in Ireland, Dublin 2, 4 Grand Canal Square, Grand Canal Harbor. These are small programs that appear as virtually invisible dots with the size of a pixel on our website, and creates a link between your visit to our site and Facebook. When the pixel is loaded, Facebook places a cookie that allows you to offer more personalized ads, but also evaluate and improve the ads. Keep in mind that once the cookie is placed, Facebook will be able to track your browsing pattern on other websites that have implemented a pixel or a Facebook social plugin.

You can find more information about Facebook cookies here.

  • In addition, Mallorca Southwest uses Google Analytics, an analytical service provided by Google LLC. domiciled in the United States with headquarters at 1600 Amphitheater Parkway, Mountain View, California 94043. For the provision of these services, they use cookies that collect information, including the user’s IP address, which will be transmitted, processed and stored by Google in the terms set on the website www.google.com. Including the possible transmission of said information to third parties for reasons of legal requirement or when said third parties process the information on behalf of Google.

In any case, you can disable Google Analytics cookies from here.

7.1.2.- Data provided voluntarily

This information will consist of:

  • Information provided with a message sent through the contact channels established by Mallorca Southwest, such as your name and surname, email, telephone and message .

Mandatory data are indicated.

  • Information provided with a message sent through the contact channels established by Mallorca Southwest to request more information about the property, such as your first and last name, email, telephone and message.

The mandatory data will be indicated.

  • Information provided with a message sent through the contact channels established by Mallorca Southwest to contact a personal advisor, such as your first and last name, email, telephone and message.

The mandatory data will be indicated.

  • Information provided with a message sent through the contact channels established by Mallorca Southwest to offer a property for sale or rent, such as your first and last name, email, telephone and location.

The mandatory data will be indicated.

  • The one required by Mallorca Southwest to carry out your registration: name, email and password.

The mandatory data will be indicated.

  • Personal information or not required to subscribe to the newsletter, such as your email.
  • Personal information or not, required to download the market report, such as: name, surname and email.

7.2.- Rights

We inform you that the completion of the forms is voluntary. However, if you do not fill in the mandatory fields (marked with an asterisk) the use of some functions of the site will not be possible or will be limited.

The personal data you provide will be incorporated and will be processed by Mallorca Southwest, in order to meet your requests.

You can exercise at any time the rights of access, rectification, erasure, limitation of your processing, opposition and portability of your personal data by email to: DataProtectionMallorcaSW@engelvoelkers.com or by postal address to: C / Isaac Peral, 50, CP 07157, Puerto de Andratx, Balearic Islands, Spain.

In both cases you must identify yourself with your name and surname, in addition to a copy of your national ID or national ID, if necessary.

Here You can find the different models to exercise such rights.

In the event that you have granted consent for any specific purpose, you have the right to withdraw consent at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal.

In addition, if you believe that there is a problem with the way in which we are handling your data, you can direct your claims to the data protection authority that corresponds, being the Spanish Agency for Data Protection the one indicated in the case of Spain.

7.3.- Use of the Data

Mallorca Southwest will use the data collected to:

  • Manage and update the service (the lawful basis being our legitimate interest in keeping and keeping the service up to date and in good condition).
  • Respond to your requests (the lawful basis being our legitimate interest in answering and resolving our users’ queries).
  • Manage your registration and provide the required service (the lawful basis being the contract).
  • Facilitate the download of the Market Report (the lawful basis being your consent).
  • Learn more about the likes of our private and professional users and adapt the services to their preferences and needs (the lawful basis being our legitimate interest in providing the most personalized service possible).
  • Make studies about effectiveness of the website, marketing, advertising and sales (the lawful basis being our legitimate interest in improving the service or your consent, as appropriate).
  • Send you our newsletter via email (the lawful basis is your consent).
  • Share your data with the entities of the Engel & Völkers Group located in the European Economic Area (being the lawful basis our legitimate interest to answer your queries, facilitate the sending of commercial communications and other internal administrative purposes).

You can unsubscribe from our newsletter by the email received or by contacting us at DataProtectionMallorcaSW@engelvoelkers.com. However, you will not be able to unsubscribe from certain correspondence from us, such as the messages related to the security of your data or the terms and conditions of Mallorca Southwest.

  • Maintain the security of the Service, investigate illegal activities, enforce our terms and conditions and assist the security forces of the state in the framework of its possible investigations (the lawful basis being our legitimate interest in guaranteeing and maintaining the security of the Service and its users).

Mallorca Southwest does not use automated decisions, although it can generate basic user profiles, the lawful basis being our legitimate interest in direct marketing and with the purpose of providing personalized offers.

Likewise, Mallorca Southwest may use the information of the users in the form of aggregated and anonymous data to show them to third parties. You may also share statistics and demographic information about users and their use of the Service with third parties. But none of this will allow those third parties to identify you personally.

7.3.1.- In mails and contact forms

The website uses an SSL encryption that allows the user to securely send their personal data through standard type contact forms.

The personal data collected will be subject to automated processing and incorporated into the corresponding Record of Processing Activities of Mallorca Southwest.

In that sense:

  • Your IP will be collected, which will be used to check the origin of the message in order to offer you appropriate recommendations (for example, to present the information in the correct language) and to detect possible irregularities (for example, possible attempts to cyber attack on Mallorca Southwest), as well as data related to your ISP.
  • Likewise, you can provide us with your data via telephone, email and other indicated means of communication.

7.4.- Preservation of the data

Here you can check for how long we keep the personal data collected by Mallorca Southwest:

  • The disaggregated data will be kept without a cancellation period period.
  • The user’s data will be conserved the minimum necessary, being able to stay up to:

– 5 years, according to art. 1964 of the Civil Code (personal actions without special term).

– 6 years, according to art. 30 of the Commercial Code (accounting books or invoice, for example).

  • The subscribers’ data to the newsletter will be kept from the moment the user subscribes until they unsubscribe.

8.- Data shared with third parties

According with the purposes stated in these Terms of Use and Privacy, Mallorca Southwest will share the data from the users who are requesting information, specifically their names, email, phone and zip code with all the entities of Engel & Völkers Group located in the European Economic Area and third parties with whom the Service collaborates.

Mallorca Southwest requires them to comply with these Terms of Use and Privacy in whatever is applicable to them and they must also have their own. However, Mallorca Southwest will not be responsible for compliance with said policy.

On the other hand, under some circumstances, Mallorca Southwest may share, use, preserve or disclose the personal information collected with third parties:

  • To provide the Service:

The service providers that provide functions on our behalf, such as payment services, web hosting or statistics control. These service providers may collect and access the information that is necessary to perform their functions, but they are not allowed to share or use the information for any other purpose.

  • To cooperate with the competent authorities:

If we believe it is reasonably required to satisfy any law, legal process or legitimate interest. In any case, we will only provide the strictly required information.

9.- Responsibility

As far as the law allows, Mallorca Southwest is not responsible for: a) errors or omissions in the contents; b) the lack of availability of the website or; c) the transmission of malicious programs in the contents, despite having taken all reasonable technological measures to avoid it.

10.- Modifications

Mallorca Southwest reserves the right to carry out without prior notice the modifications it deems appropriate on its website, being able to change, delete or add both the contents and services provided through it and the way in which they are presented.

On the other hand, these terms and conditions may change at any time. The modifications will take effect from the moment of publication.

11.- Cookies

Consult our Policy Cookie to know how we use them.

12.- Security measures

Mallorca Southwest adopts all the technical and organizational measures required to

protect the security and integrity of the personal and non-personal information collected. Both against unauthorized access and accidental alteration, loss or destruction.

In any case, Mallorca Southwest cannot guarantee the absolute security of the information collected, so you must collaborate and use common sense about the information shared at all times.

You understand and acknowledge that, even after deletion, personal and non-personal information may remain visible in cache or if other users have copied or stored it.

13.- Language of the terms and conditions

The terms and conditions of the Service are presented in several languages ​​(Spanish, German and English). In case of contradiction between one and the other, the Spanish version will prevail.

14.- Contact

If you have any questions about these terms of use and privacy, contact us at:

E-mail: andratx@engelvoelkers.com.

Address: C / Isaac Peral, 50, CP 07157, Puerto de Andratx, Balearic Islands, Spain.

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