- Legal information and acceptance
In compliance with article 10 of Law 34/2002 (11 July) of Information and Electronic Commerce Company Services, the identifying details of the business are set out below. This internet site is put at the service of users by the entity whose identifying details are
|Business Name:||ELITE VILLA PROJECTS, S.L.|
|Spanish Company Tax Number:||B29797099|
|Registered Office:||C/ Jacinto Benavente nº 11 1º 9. Marbella. Málaga. C.P 29.601|
|Registry details:||Malaga Companies Registry at volume 1888, book 801, folio 195, page MA-26018.|
This legal notice sets out the general terms and conditions that govern access to and use of this website, hereinafter ‘the website’. Use of the website entails express and full acceptance of these general terms and conditions in the version published at the time at which the user accesses the website, notwithstanding the particular conditions that may apply to any of the specific services of the website.
Access to the website is free except as regards the cost of connection through the telecommunications network supplied by the internet service provider contracted by users. Certain services are exclusively for our clients and access to them is restricted.
Use of the Site confers the status of Site user (hereinafter, the ‘User’) and entails acceptance of all the terms and conditions in this Legal Notice. Provision of the service of the Site has a duration limited to the time at which the User is connected to the Site or any of the services facilitated by way of the Site. Therefore, the User must read this Legal Notice carefully each time it is proposed to use the Site, given that this Legal Notice and the terms and conditions of use included in it may be modified.
Some Site services accessible by internet users or exclusively for clients of ELITE VILLA PROJECTS, S.L., may be subject to particular terms and conditions, regulations or instructions which, where applicable, replace, complete and/or modify this Legal Notice and which must be accepted by the User prior to the commencement of the provision of the corresponding service.
- Intellectual and industrial property
This website and the contents it hosts are protected by the intellectual property law in force.
ELITE VILLA PROJECTS, S.L. is the owner or licensee of all the intellectual and industrial property rights of its website, and also of the elements contained in it. Therefore, reproduction, distribution, public communication and transformation of all or part of the contents of this website for commercial purposes, in any format and by any technical means, without authorisation of terms and conditions, is expressly prohibited
The marks, trade names and distinguishing signs are the property of ELITE VILLA PROJECTS, S.L. or third parties, and it shall understood that access to the Site does not confer any right over the said marks, trade names and distinguishing signs.
All the products and services of these pages that are NOT the property of ELITE VILLA PROJECTS, S.L. are trademarks of their respective owners and are recognised as such by our company. They only appear on the website of ELITE VILLA PROJECTS, S.L. for marketing and information-gathering purposes. These owners can request the modification or removal of the information that belongs to them.
- Site use terms and conditions
The User undertakes to make proper use of the Site in accordance with the law and this Legal Notice. The User shall be liable to ELITE VILLA PROJECTS, S.L. or to third parties for any loss and damage that may be caused by breach of the said undertaking.
It is expressly prohibited to use the Site for purposes injurious to properties or interests of ELITE VILLA PROJECTS, S.L. or of third parties, or in any way which overloads, damages or disables the networks, servers and other IT equipment (hardware) or IT products and applications (software) of ELITE VILLA PROJECTS, S.L. or of third parties.
The User undertakes to use the Contents in accordance with the Law and this Legal Notice, and also with the other terms and conditions, regulations and instructions which may apply pursuant to clause 1.
By way of example and without limitation, pursuant to the legislation in force, the User must not:
- Reproduce, copy, distribute, make available, communicate publicly, transform or modify the Contents save in cases authorised in law or expressly consented to by ELITE VILLA PROJECTS, S.L. or by the person who owns the operating rights, where applicable.
- Reproduce or copy for private use the Contents that can be considered to be Software or Database in accordance with the intellectual property legislation in force, and also their public communication or making available to third parties when those acts necessarily entail reproduction by the User or a third party.
- Extract and/or reuse all or a substantial part of the Contents comprising this Site and/or of the databases that ELITE VILLA PROJECTS, S.L. makes available to Users.
3.3 Introduction of links to the Site
Any internet user who wishes to introduce links from his or her own website(s) to the Site must comply with the terms and conditions set out below and ignorance of them shall be no defence to any liability arising in law:
The link shall only connect with the home page or main page of the Site but may not reproduce it in any way (online links, copy of the texts, graphics, etc).
Pursuant to the legislation applicable and in force at any given time, it is prohibited in any case to establish frames of any kind that show a selection of the Site or which allow visualisation of the Contents through internet addresses other than those of the Site and, in any event, when they are visualised together with content not from the Site in such a way that: (I) causes or could cause mistake or confusion by or deception of users about the true source of the service or Contents; (II) involves an act of comparison or unfair imitation; (III) acts to exploit the reputation of the mark and prestige of ELITE VILLA PROJECTS, S.L.; or (IV) is in any other way prohibited by the legislation in force.
No type of false, inaccurate or incorrect statement about ELITE VILLA PROJECTS, S.L., its members, employees, clients or about the quality of the services it provides may be made from the website that introduces the link.
In no event shall it be stated on the website where the link is located that ELITE VILLA PROJECTS, S.L. has given its consent to the insertion of the link or that in any other way it sponsors, collaborates with, certifies or supervises the services of the referrer.
Use of any word, figurative or mixed mark or any other distinguishing sign of ELITE VILLA PROJECTS, S.L. within the webpage of the referrer is prohibited save in cases permitted in law or expressly authorised by ELITE VILLA PROJECTS, S.L., and in those cases provided that it permits a direct link to the Site in the way set down in this clause.
The website that establishes the link must comply faithfully with the law and in no event may provide or link to own contents or contents of third parties that: (I) are unlawful, harmful or contrary to morality and good custom (pornography, violence, racism, etc.); (II) induce or could induce in the User the false belief that ELITE VILLA PROJECTS, S.L. subscribes or adheres to or in any other way supports the ideas, statements or words, whether lawful or unlawful, of the referrer; (III) are inappropriate or not relevant to the activity of ELITE VILLA PROJECTS, S.L. with regard to the place, contents and theme of the website of the referrer.
- Exclusion of liability
Accessing the Site does not give rise to any obligation on the part of ELITE VILLA PROJECTS, S.L. to check the veracity, accuracy, adequacy, suitability and currency of the information supplied through the Site. The contents of this website are of a general nature and in no way constitute the supply of a service of legal advice or any other type of advice. Thus the said information is insufficient for the taking of personal or business decisions by the User.
ELITE VILLA PROJECTS, S.L. shall not be liable for decisions taken based on the information supplied on the Site or for loss and damage caused to the User or third parties as a result of acts that are based solely on information obtained from this Site.
4.2 Service quality
Accessing the Site does not give rise to any obligation on the part of ELITE VILLA PROJECTS, S.L. to check for the absence of viruses, worms or any other harmful IT element. In any event it falls to the User to have the appropriate tools for the detection and removal of harmful IT programs.
ELITE VILLA PROJECTS, S.L. shall not be liable for damage caused to the IT equipment of Users or of third parties during the supply of the Site service.
4.3 Service availability
Access to the Site requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and functioning do not fall to ELITE VILLA PROJECTS, S.L. As a result, the services supplied through the Site may be suspended, cancelled or left inaccessible prior to or simultaneous with the supply of the Site service.
ELITE VILLA PROJECTS, S.L. is not liable for loss and damage of any type caused to the User as a result of faults or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Site service during the supply thereof or prior thereto.
4.4 The contents and services linked through the Site
The service of access to the Site includes devices of links, directories and search engines that allow the User to access other internet pages and sites (hereinafter, ‘Linked Sites’). In such cases, ELITE VILLA PROJECTS, S.L. acts as intermediation services supplier in accordance with article 17 of Law 34/2002 (12 July) of Information and Electronic Commerce Company Services (‘LIECCS’) and shall only be liable for the contents and services supplied on Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate contents, he or she may communicate that fact to ELITE VILLA PROJECTS, S.L. in accordance with the procedure and effects set down in clause 6, although in no event shall such communication entail the obligation to remove the corresponding link.
In no event shall the existence of Linked Sites presuppose the existence of agreements with the owners or persons in charge of them, or the recommendation, promotion or identification of ELITE VILLA PROJECTS, S.L. with the statements, contents or services provided.
ELITE VILLA PROJECTS, S.L. does not know the contents and services of the Linked Sites and therefore accepts no liability for damage caused by the unlawfulness, quality, obsolescence, unavailability, error or uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly imputable to ELITE VILLA PROJECTS, S.L.
- Data protection.
- Communication of activities of an unlawful or inappropriate nature
If the User or any other internet user has knowledge that Linked Sites redirect to pages whose contents or services are unlawful, harmful, denigrating, violent or contrary to morality he or she may contact ELITE VILLA PROJECTS, S.L. stating the following matters:
- Personal data of person reporting: name, address, telephone number and email address;
- Description of the facts which show the unlawful or inappropriate nature of the Linked Site;
- In the event of a breach of rights, such as intellectual and industrial property rights, the personal data of the owner of the right breached when that person is not the person reporting the breach;
- Likewise, it is necessary to provide the instrument which proves the standing of the owner of the rights and, where applicable, the instrument granting power to represent the owner when that person is not the person reporting;
- Express declaration that the information contained in the report is accurate.
Pursuant to the LIECCS, receipt by ELITE VILLA PROJECTS, S.L. of the communication referred to in this clause shall not entail actual knowledge of the activities and/or contents stated by the person reporting them.
Further, it is necessary to provide the instrument which proves the standing of the owner of the rights and, where applicable, the instrument granting power to represent the owner when that person is not the person reporting; express declaration that the information contained in the complaint is accurate.
All notices and communications by the parties shall be valid in accordance with the media allowed in law, and those relating to this Site shall be considered effective for all purposes if they given or made by way of the Site.
ELITE VILLA PROJECTS, S.L. reserves the right to make any modifications to its website that it deems appropriate, without prior notice, being able to change, remove or add both the contents and services supplied through it and the form in which those contents and services are presented.
On the other hand, these terms and conditions may change at any time. Amendments shall come into effect at the time of publication.
- Law and jurisdiction
All parts of this Legal Notice are subject to Spanish law. Provided the applicable law permits waiver of the established legal jurisdiction, the courts of Marbella are assigned to hear possible disputes, the User expressly waiving any other jurisdiction that may correspond to him or her.
Online dispute resolution in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides a platform for online dispute resolution at: http://ec.europa.eu/consumers/odr/.
This text gives you details of how we collect and process your personal data through our website www.andaluciarealty.com, including any information that you supply to us through the site when you register for our newsletter or the contract details you supply through the form enabled for that purpose.
On providing us with the data, you confirm that you are 18 or older.
- Data controller
Contact details of the controller: ELITE VILLA PROJECTS, S.L. with registered office at C/ Jacinto Benavente, nº 11-1º-9. Marbella. Málaga. C.P. 29601. Telephone: 952814767. Email: firstname.lastname@example.org, and holder of Spanish Company Tax Number (‘CIF’) B29797099.
ELITE VILLA PROJECTS, S.L., is the controller of your data. (Hereinafter ‘we’, ‘us’ or ‘our’).
- What data do we collect?
Pursuant to article 4 of the General Data Protection Regulation 679/2016/EU (‘GDPR’), personal data is any information relating to an identified or identifiable (‘data subject’), that is, any information capable of identifying a person. This shall not include anonymous data.
We may process certain types of personal data, which can include:
- Identity data: name, surname and user name.
- Contact data: email or billing address.
- Financial data: bank details and other details of purchases made.
- Technical data: details of start of session, internet protocol address, browser type and version, time zone configuration and location, operating system, browser plug-in types and versions, and any other technology on or in the devices that you use to access our website.
- Profile data: User name and password, purchases made, comments and survey answers.
- Data use: information about how you use our website, products and services.
- Marketing and communications preferences: preferences for receiving marketing communications from us and preferred communication medium.
We do not collect any data relating to special categories of personal data (those revealing your ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership and information about your health, genetic data or biometric data).
If the law or the terms of contracting between us require that personal data be collected from you and you refuse to supply us with it, we may not be able to enter into the said contract or provide the service, and you must inform us in advance.
- How do we collect your personal data?
We use the following means to collect your data:
- Through the form on our website, through our contact emails, by telephone or post when:
- You request information about our properties
- You visit a property
- You subscribe to any of our services or services or publications
- You send comments
In order to ensure the quality of our site, we reserve the right to refuse any request for registration or to suspend or cancel a previously accepted registration if we consider that it does not comply with these requirements or any law or regulation. If that is the case, we will seek to explain the reasons for our decision, but we do not undertake to do so in every case.
- Through technology or automated interaction: on our site we can automatically collect technical data about your device, browsing activities and use patterns. This data is collected through cookies or similar technology. For further information, please consult our cookies policy in the relevant section of this website.
- Through third parties:
- Google: analytical data or search data outside the European Union.
- Social networks: (Facebook, Instagram, Twitter, Linkedin, etc) outside the European Union.
- Purpose and lawfulness of the use of your data.
The most common uses of your data are:
- For entering into a contract between you and ELITE VILLA PROJECTS, S.L.
- When you give your consent in the processing of your data
- When we need it in order to meet a legal or regulatory requirement
- When it is necessary for our legitimate interests or those of a third party.
The User may revoke the consent given at any time by emailing email@example.com or by consulting the section on the exercising of rights set out below.
We provide a table below where you can consult the ways in which we will use your personal data and the legitimacy of its use, in addition to knowing the type of personal data that we will process. We may process some personal data due to an additional legal requirement, and thus if you require details in that regard, you can email firstname.lastname@example.org
|Purpose||Data type||Lawfulness of processing|
|To request information through the contact form||· Name
|Consent from the interested party|
|To manage our relationship with you||· Name
· Business or sole trader
|To perform commercial communications, delivering content that is relevant and may be of interest to you||· Name
|Consent from the interested party|
|To administer and protect our business and our website||· Technical data
|For the reservation or sale/purchase of a property||· Name
· Bank details
Commercial communications: you will only receive communications if
- You ask us for information
- You supply your data, giving your agreement in the checkbox enabled for that purpose in our form.
- If you have not stated that you no longer wish to receive the said communications.
We obtain your express consent prior to sending any communication, and at any time you can ask us to stop sending them to you by emailing email@example.com
When you choose to stop receiving our communications, your personal data will remain stored as a result of the contracting performed by you in order for us to meet the legal requirements.
Purpose: We will only use your data for the purposes for which we collect it unless we reasonably consider that we must use it for another reason, when we will notify you in advance so that you are informed of the lawful reason for its processing, provided the purpose is compatible with the original purpose.
Storage period: The storage period of the personal data will vary in accordance with the service contracted by the Customer, and will be the minimum necessary. It may be kept for:
- 6 years pursuant to article 30 of the Spanish Commercial Code (accounting books, invoices, etc)
- 5 years pursuant to article 1964 of the Civil Code (actions in personam without special limitation period)
- 12 months pursuant to article 5 of Law 25/2007, of storage of data relating to electronic communications and public communications networks.
- 4 years: Law 5/2002, of Employment Breaches and Sanctions (obligations in matters of affiliation, registration, deregistration, payment of wages). Article 66 and following. General Tax Law (accounting books, etc)
Data of subscribers by email or form: From the time the user subscribes until deregistration.
User data uploaded by ELITE VILLA PROJECTS, S.L. to its social networks or web pages: From the time the user gives consent until such consent is withdrawn.
- Your Data Protection rights
How to exercise these rights? Users can send a communication to the registered office of ELITE VILLA PROJECTS, S.L. or to the email address firstname.lastname@example.org, in either case with a copy of their Spanish National Identification Number or similar identification document, in order to exercise the following rights:
- Access to your personal data: you can ask ELITE VILLA PROJECTS, S.L. if it is using your personal data.
- To request its rectification, if it is not correct, or to exercise the right to deletion.
- To request restriction of processing, in which case it shall only be stored by ELITE VILLA PROJECTS, S.L. in order to exercise or to defend legal claims
- To object to the data processing: ELITE VILLA PROJECTS, S.L. will stop processing the data in the way you indicate, save where it must continue to be processed for legitimate reasons or in order to exercise or to defend legal claims.
- To portability of the data: if you wish your data to be processed by another firm, ELITE VILLA PROJECTS, S.L. will facilitate the portability of your data to the new controller.
To exercise the above rights, you can use the models provided by the Spanish Data Protection Agency here.
Complaining to the SDPA: if you consider there is a problem with the way in which ELITE VILLA PROJECTS, S.L. is processing your data, you may complain to the corresponding supervisory authority, which in Spain is the Spanish Data Protection Agency.
We may have to ask you for specific information to help us confirm your identity and certify your right to access your personal data (or to exercise any other of the aforesaid rights). This is a security measure to ensure that the personal data is not disclosed to any person who does not have the right to receive them.
All requests are met within the stated legal period of 1 month. However, we may take more than a month if your request is particularly complex or if a series of actions has previously been carried out. In that event, we shall notify you and keep you updated.
- Transfer of personal data
In the performance of our work it is possible that we have to disclose your data to third parties:
- Service suppliers that deliver information technology and systems management services.
- Professional advisers, including lawyers, auditors and insurers who deliver consultancy, banking, legal, insurance or accounting services.
- Developers or partners in order to visit a property.
You will be notified of any transfer in advance and we declare to you that we require all data processors to which we transfer your data to respect the security of your personal data and to process it in accordance with the GDPR. We only allow the said data processors to process your data for determined purposes and in accordance with our instructions.
- Data Security
We have implemented the appropriate security measures to prevent your data from being accidentally lost or used, accessed, modified or disclosed without authorisation. Further, we restrict access to your personal data to those employees, agents, contractors and other third parties who have a business need to know the said data. They will only process your data pursuant to our instructions and will be subject to a duty of confidentiality.
We have implemented procedures to address any suspicion of breach of your personal data and you and the supervisory authority will be notified in the event of a security breach, as regulated in articles 33 and 34 of the GDPR.
- International transfers
The countries outside the European Economic Area (EEA) do not always offer the same levels of protection of your personal data. Therefore European law prohibits the transfer of personal data outside the EEA unless the transfer meets certain requirements.
Some of our external service suppliers are found outside the European Economic Area (EEA). Therefore the processing of your personal data will involve a data transfer outside the EEA.
- Social networks: ELITE VILLA PROJECTS, S.L. makes use of the social networks Facebook, Instagram, LinkedIn and Twitter, all in the USA.
- Email: The email service of ELITE VILLA PROJECTS, S.L. is provided using the services of Outlook.
- Storage and encryption. ELITE VILLA PROJECTS, S.L. uses the following supplier for the storage of your personal data: Maximizer
If you require more information about the specific mechanism we use to transfer your data outside the EEA, you can contact us by emailing email@example.com
WHAT ARE COOKIES?
Cookies are small data files that are sent to the user’s computer, mobile telephone or other device when you visit a website, and they permit the gathering of information relating to your browsing or a code that makes it possible to identify the user unequivocally.
- TYPOLOGY OF COOKIES AND PURPOSES OF USE
The website www.andaluciarealty.com uses session cookies and persistent cookies which may be its own cookies and/or cookies of third parties.
Session cookies are cookies designed to collect and store data while the user is accessing a website. They are usually used to store information which is only stored for the provision of the service sought by the user on one occasion only.
Persistent cookies are a type of cookie in which the data is stored in the terminal and which can be accessed and processed by the person responsible for the cookie, and which can last from a few minutes to several years.
Own cookies: The cookies created or managed by the person responsible for the website ELITE VILLA PROJECTS, S.L. The website www.andaluciarealty.com uses own cookies for the following purposes:
- Technical: they allow the user to browse and to use the different options or services existing in the website, for example, to control the traffic and communication of data, to identify the session, to access parts with restricted access, to use security elements during the browsing and to store contents.
- Personalisation: they allow the user to access the service with predefined characteristics of a general nature based on a series of criteria in the user’s terminal, for example, to record video reproduction preferences.
Third-party cookies: Cookies administered by service suppliers unconnected to ELITE VILLA PROJECTS, S.L.
The table below gives details of the third parties who may configure and access cookies on your computer, together with the purposes for which the information they store is used:
|PURPOSE||THIRD PARTY||More INFORMAtion|
|Analysis: analytical cookies are used to create browsing profiles and to know users’ preferences in order to improve the offering of products and services.||Click here|
|Analysis: analytical cookies are used to create browsing profiles and to know users’ preferences in order to improve the offering of products and services.||Act On||Click here|
- DEACTIVATION OR REMOVAL OF COOKIES
To configure cookies, the User can access:
In the case of Google Analytics cookies, the opt-out can be done at this link.
Users must bear in mind that some characteristics of the contents of the website www.andaluciarealty.com are only available if users permit the installation of cookies on their browser. If you decide not to accept or to block certain cookies (depending on their purpose), it may affect, in whole or in part, the normal functioning of the website or impede access to some its services.
- UPDATES AND CHANGES TO COOKIES POLICY
ELITE VILLA PROJECTS, S.L. may modify this cookies policy in accordance with new legislative or regulatory requirement, or in order to adapt the said policy to the instructions given by the Spanish Data Protection Agency.