1. Who is the data controller of your personal data?
Your personal data will be processed by “Haya Real Estate, S.L.U.” (hereinafter, “HAYA”), with tax ID B86744349 and registered office at Via de los Poblados N º 3, Parque Empresarial Cristalia, edificio N º 9, CP 28033, Madrid (Spain).
HAYA has designated a Data Privacy Officer with whom you can contact through the email address firstname.lastname@example.org.
2. What are the purposes of the processing of your data and what is the legal basis?
HAYA process your data with the followgin purposes:
- Purpose 1: provision of the services offered by HAYA for the commercialization of real estate assets
- Purpose 2: communicate your data to the companies owners of the real estate assets and the companies belonging to their economic group
With the legal basis of the perfomance of the contract, HAYA may communicate your data to the company that owns the real estate asset in which you have shown interest (for example, when requesting more information, requesting a visit or making an offer on it), as well as the rest of the company belonging to its economic group, with the purpose of managing the commercialization of that property provided by HAYA (for example, to arrange a visit with the owner, to send your offer, reviewing the available financing options, concluding the sale operation of the property, etc.).
- Purpose 3: statistical information and satisfaction surveys
HAYA has a legitimate interest in knowing both the opinion of its users regarding the properties that we comercialise and the services that we provide, like your searching real estate interests, browsing habits, etc. (for example, we need to know which areas are the most demanded by users, what kind of properties are the most demanded, what is the most demanded price range, what are the days and hours when more real estate searches are carried out by the users, among others) with the aim of being able to provided products and services more adjusted to the needs of its customers and users, to improve both current and future products and services as well as their process of provision and commercialization.
To achieve that, HAYA will be able to process your data and:
- Conduct satisfaction surveys both telephone and electronic ways, even once you stop being a user of the web portal or stop showing interest in a property and, in these latter cases, to know the reasons why.
- Proceed with anonymization, in such case, the information of your interests, searches and browsing habits can not be linked with your person and, after that, carry statistical and econometric studies out statistical (for example, knowing the life cycle of the client or user and / or identify patterns of abandonment propensity).
- Purpose 4: communicate your data to Public Organizations and Public Administrations in compliance with obligations relating to Prevention of Money Laundering and Financing of Terrorism
HAYA has to comply with certain obligations established by the regulations relating to Prevention of Money Laundering and Terrorist Financing, which could involve the request of data on your business or professional activity before Public Organizations in order to verify the information provided, or communication and/or consultation of data to the Risk Information Centre of Banco de España, in the cases legally established.
- Purpose 5: sending commercial communications on similar properties and offers and promotions of HAYA
In the event that you give us your consent, HAYA may send you by any way, electronic or otherwise, segmented commercial information about the properties in which you have previously shown interest (for example, a decrease in the price of a property that you visited or saved as a favorite in your personal user account of our web portal) or on properties with similar characteristics (for example, properties located in the same area or similar to the ones you visited or saved as a favorite in your personal user account of our web portal) as well as offers and promotions of HAYA that may interest you, directly or because they are related to the provision, improvement and updating of our services.
That commercial communication may be generic or personalized. In the latter case, it will involve the previous processing of your data in order to be able to proceed with profiling and carterization, determine your liking, preferences and needs and, based on these, identify the information that may be more interesting to you.
At any time and for free, you can object to this purpose to not receive new commercial information, offers and promotions, indicating it by mail to the address above or by email to the address email@example.com. Likewise, in all electronic commercial communications, you will be informed, again, of your right to object to the sending of commercial communications.
- Purpose 6: communicate your data to other companies of the HAYA Group, to third companies that provide services related to the real estate sector and to Partners companies
In case you give us your consent, HAYA may communicate your data to:
- Other companies of the Economic Group of HAYA that provide services related to the sectors related to the commercialization of real estate assets, including their financing, promotion, entlitlement and others with added value services to them.
- Third companies that provide services related to the commercialization of real estate assets, including their financing, promotion, entlitlement and others of added value services to them.
- Other companies with which HAYA has signed different collaboration agreements and which may belong to sectors such as telecommunications, finance, consumer goods, health and NGO's.
The communication of your data will be made with the purpose of that these companies can send you, directly and without the intermediation of HAYA, offers and promotions related to their products and services, or manage with you, upon request, the commercialization or benefit of any of their products or services.
3. What kind of data do we process?
For the purposes set out in the previous section, we process diferentes types of personal data that can be divided into the following sources and categories:
a) Data provided directly by you: at the time of registration as a web user and/or in the application itself, through the filling the avalible forms out.
Data subject guarantees that, the data provided to HAYA for the provision of the services requested respond truthfully to the real situation and that it will communicate any modification that affects them. Consequently, data subject shall be liable to HAYA and third parties for any damages or losses caused as a result of breach of the obligations assumed in this clause.
b) Data derived from the provision of the service: all data that we already know from any previous interaction with you (for example, searches and interests made on real estate assets or properties with common characteristics, visits, offers, previous purchases of real estate commercialized by HAYA, claims or requests for information, etc.).
4. How long will we store your personal data?
HAYA will store your personal data as long as they it will be necessary for the purpose of the development of the requested service or as long as it will be necessary for the development and conclusion of the commercialization of the property in which you are interested. After this period, the data will be erased in accordance with the provisions of the data protection regulations and the other applicable regulations, which implies their blocking, being available only at the request of Judges and Tribunals, the Public Prosecutor or the Public Administrations competent during the prescription period of the actions that could derive from the processing. After that, data will be subsequently eliminated.
For the purposes of the foregoing paragraph, HAYA will proceed to block those users who are inactive, that is, those who do not access their personal web portal account or interact with HAYA requesting any of their services for five years. Likewise, HAYA informs you that, in the event that the Money Laundering Prevention and Financing of Terrorism regulations apply to the processing of your data (for example, when you finally acquire a specific property marketed by HAYA), you have the obligation to store your personal data for a minimum period of ten years.
5. Which recipients do we communicate your personal data?
HAYA may communicate your data to all those entities and organizations with respect we have an obligation or we have obtained your consent. Among others, the following ones:
- Authorities or official bodies of other countries, located both inside and outside the European Union, within the framework of the fight against fraud, the financing of terrorism and serious forms of organized crime and the prevention of money laundering. Among others, your data may be communicated to the “Servicio Ejecutivo de la Comisión del Blanqueo de Capitales e Infracciones Monetarias” – SEPBLAC when required.
- Courts and Tribunals, and State Security Forces, in the event that HAYA may be required to communicate personal data in the framework of a judicial investigation.
- To the companies owners of the real estate assets and the companies of their Economic Group.
- To the companies and Partners for which you have given consent to us.
- To our parent company, Cerberus Capital Management L.P., resident in the United States. HAYA informs you that this International Data Transfer is done with your consent, within the framework of the contractual relationship you have with HAYA for the commercialization of the property and with the purpose of preventing money laundering and financing of terrorism.
6. Are there International Data Transfers?
In certain cases, HAYA carries International Data Transfers out in compliance with the requirements of the European Data Protection Regulation. In this sense, when the owners or managers of the real estate assets, or their parent company, are located in the U.S., your data may be transferred to that territory for the prevention of money laundering and financing of terrorism, for which we will request your free, express and unambiguous consent.
7. What are your rights and how can you exercise them?
Our data protection regulations confers a series of rights in relation to the processing of data that our services involve and that we can summarize in the following:
- Right of access: you have the right to know what kind of data we are processing and the characteristics of the processing we are carrying out.
- Right of rectification: you can request the modification of your data because they are inaccurate or not true.
- Portability right: you can obtain a copy in an interoperable format of the data that is being processed.
- Right to limitation of treatment in the cases pursuant to Law.
- Right to erasure: you can request the erasure of your data when the processing is no longer necessary.
- Right to object: you can object to the sending of commercial communications in the terms indicated above.
- Right to withdraw your consent at any time.
You can exercise your rights by email at firstname.lastname@example.org or by postal letter to the address Vía de los Poblados Nº 3, Parque Empresarial Cristalia, Edificio Nº 9, CP 28033, Madrid (Spain) indicating the right to exercise and attaching your ID or similar identification document. Likewise, you have the right to lodge a complaint with the Spanish supervisory authority (in Spain, “Agencia Española de Protección de Datos”).
8. Do we access data from third parties?
For the provision of certain services, It may be necessary that you provide us personal and contact information of third parties (for example, name, surname, email address or contact telephone number) that you think the real estate assets commercialized by HAYA may be of interest to them.
HAYA will exclusively process this information to inform them of your suggestion about the real estate asset. In this sense, you guarantee the veracity and updating of the personal information of these third parties and, in this case, you ensure that you have complied with all those obligations that, in terms of data protection, are demanded of you, particulary, securing their consent if necessary.