Introduction

CELA PROPERTIES S.L. (“Quest Málaga Living”) and Q21 REAL ESTATE, S.L. (“Q21”) take the privacy of personal data they process in providing their real estate promotion services very seriously, as they aim to maintain the complete trust of their clients and prospective clients.

In this regard, and to fully comply with the General Data Protection Regulation 2016/679 (“GDPR”), Quest Málaga Living and Q21 have implemented this Privacy Policy, which details their practices regarding the processing of personal data related to the provision of their real estate promotion services, covering the entire process up until the delivery of homes or other types of properties (the “Services”).

We recommend that you carefully read this Privacy Policy and contact the Data Protection Officer of Quest Málaga Living and Q21 if you have any questions related to any of the practices described below. Any reference to “we,” “us,” “our,” or “Quest Málaga Living” and “Q21” in this Privacy Policy refers jointly to CELA PROPERTIES S.L. and Q21 REAL ESTATE, S.L.

PERSONAL DATA: CONCEPT, ORIGIN, LEGAL BASIS, AND PROCESSING.

2. What are personal data?

Personal data is any information or data related to an identified or identifiable natural person, such as, for example, name, date of birth, postal address, email address, gender, consumer status of a product or customer or employee of a company, credit situation, consumption habits, bank account, as well as data about professional experience. Additionally, certain data are considered especially sensitive personal data, which, due to their personal nature, require the data subject or entity processing them to apply more stringent security measures to ensure not only their confidentiality but also their integrity and limited and restricted use. Furthermore, in order to collect and process such data, prior and explicit consent must always be obtained, as well as complying with any additional requirements established in applicable regulations. Specially sensitive personal data includes data such as ethnic or racial origin, political opinions, union membership, religion, or health data, among others. Due to the nature of the Services provided by Quest Málaga Living and Q21, we understand that it is unnecessary to collect or process especially sensitive data from our clients or prospective clients. If, due to exceptional circumstances, Quest Málaga Living and Q21 need to collect sensitive data, we would first obtain informed, free, and explicit consent from the affected individuals.

What personal data do Quest Málaga Living and Q21 process?

In the provision of the Services, Quest Málaga Living and Q21 process the personal data of their clients or prospective clients (hereinafter, “Interested Party” or “Interested Parties”) for the purpose of fulfilling their legal, contractual obligations and satisfying their legitimate interests.

The personal data that Quest Málaga Living and Q21 may process of the Interested Parties (hereinafter, “Personal Data”) include the following:

Name and surname, age, gender, date of birth, address, nationality, marital status, ID or passport number, email, phone number, voice data, calls, professional activity, family information, bank details, navigation data on the websites of Quest Málaga Living and Q21, additional information provided by the Interested Party in communications with Quest Málaga Living and Q21, and any other data necessary for the provision of the Services.

Origin of personal data

The origin of the Personal Data accessed by Quest Málaga Living and Q21 may be from the Interested Party themselves or from third parties. Specifically, Quest Málaga Living and Q21 collect the previously described Personal Data in the following ways:

• From third parties, such as real estate marketing companies.
• Directly from the Interested Parties as a result of entering into a contractual relationship and providing the corresponding Services.
• Directly from the websites of Quest Málaga Living and Q21 or through telephone calls and communications between the Interested Parties and Quest Málaga Living and Q21. In this regard, the Interested Parties are informed that Quest Málaga Living and Q21 may record telephone calls and electronic communications maintained with them (via email, instant messaging apps, social media, or any other equivalent means that may be used), as proof of instructions received and operations carried out.

It is important that Interested Parties ensure that all Personal Data provided to Quest Málaga Living and Q21 is up to date. If any changes occur in the data previously provided to Quest Málaga Living and Q21 (particularly those that could affect their postal address, email address, contact phone numbers, and bank details), Interested Parties agree to contact the Data Protection Officer of Quest Málaga Living and Q21 for appropriate updates.

3. Purposes

Quest Málaga Living and Q21 process Personal Data for the following purposes:

• To fulfill contractual obligations regarding the Services contracted by the Interested Parties, as well as for any other purposes related to the provision of the Services, such as managing inquiries, suggestions, and requests received from Interested Parties.
• To create profiles of the Interested Parties based on the information that Quest Málaga Living and Q21 have about them, in order to offer a more personalized and appropriate service tailored to the interests and characteristics of the Interested Parties. It is important to mention that no profiling is carried out in an exclusively automated manner or produces legal effects for the Interested Parties.
• Regarding navigation data collected through the websites of Quest Málaga Living and Q21, “Cookies,” Quest Málaga Living and Q21 process this data to improve the user experience on their website; for example, analyzing recent search criteria to present offers of Services that Quest Málaga Living and Q21 believe may be of interest. For more information on Quest Málaga Living and Q21’s Cookie Policy, please follow this link.
• To conduct analysis, studies, evaluations, marketing, promotion, information, and the sending of commercial communications regarding the products and Services of Quest Málaga Living and Q21 or companies directly or indirectly involved with Quest Málaga Living and Q21, not only by postal mail, phone, or fax but also by SMS, instant messaging apps, social media, email, or any other available electronic or telematic means, as provided in Article 21 of Law 34/2002 on Information Society Services and other applicable regulations. Quest Málaga Living and Q21 remind Interested Parties that they have the right to opt out of receiving information and advertising, particularly by electronic or telematic means or by postal mail. Therefore, if the Interested Party wishes to unsubscribe and stop receiving commercial communications and advertising by electronic, telematic means, or any other available medium, they may contact Quest Málaga Living and Q21 by email to the Data Protection Officer.
• To comply with their legal and regulatory obligations.
• To carry out those treatments necessary to satisfy the legitimate interests of Quest Málaga Living and Q21, while ensuring that the rights and freedoms of the Interested Parties are not adversely affected.
• To facilitate access for the Interested Parties to commercially competitive financing conditions.

4. Disclosure of personal data

Additionally, in order to pursue the purposes set out above, Quest Málaga Living and Q21 may share the personal information of the Interested Parties with third parties. In any case, Quest Málaga Living and Q21 are committed to ensuring that the third parties receiving Personal Data comply with the privacy standards applied and offered by Quest Málaga Living and Q21. Quest Málaga Living and Q21 may share your Personal Data with:

• Companies directly or indirectly involved with Quest Málaga Living or Q21 for the purposes described above.
• External collaborators and service providers contracted by Quest Málaga Living or Q21 to perform functions related to their business. This category may include construction companies, real estate marketing companies, financial service providers, banks, companies organizing promotional events in the real estate sector, legal sector companies such as law firms or notaries, technology service companies, communications companies, as well as others that may participate in the real estate marketing process.
• Judicial and governmental authorities relevant to comply with applicable laws and regulatory monitoring and reporting obligations, to respond to public authority requests or for other legal reasons.

5. Security of personal data

Quest Málaga Living and Q21 are committed to the security, privacy, and integrity of the Personal Data they process. For this reason, Quest Málaga Living and Q21 apply the highest security standards to ensure that Personal Data is treated securely within the company. Specifically, Quest Málaga Living and Q21 use organizational, technical, and administrative measures that, based on the state of the art and the nature of the relevant Personal Data, guarantee full protection, integrity, and confidentiality of the Personal Data of the Interested Parties. These measures also include actions to address any suspected security breaches of Personal Data.

6. Rights of the interested parties

In line with the provisions of the GDPR, Quest Málaga Living and Q21 inform the Interested Parties that they have the following rights:

6.1. Right of access: Any Interested Party may request Quest Málaga Living and Q21 to confirm whether they are processing their Personal Data, provide a copy of such Personal Data, and offer any other information regarding their Personal Data (what data they have, for what purposes they are used, to whom they are communicated, whether or not they are transferred to third parties, their location, how they are protected, how long they are retained, what rights the Interested Party has in relation to them, how they can file a complaint, where the data was obtained), as long as this information has not already been provided in this Privacy Policy.

6.2. Right of rectification: Interested Parties may request that Quest Málaga Living and Q21 correct and update their inaccurate Personal Data.

6.3. Right to erasure of Personal Data: Interested Parties may request that Quest Málaga Living and Q21 delete their Personal Data when: (i) the Personal Data is no longer necessary in relation to the purposes for which it was collected, (ii) the Interested Party withdraws their consent (if the data processing is based on consent), (iii) the Interested Party exercises their right to object (as defined below), (iv) the Personal Data has been processed unlawfully, and (v) Quest Málaga Living and Q21 have to comply with a legal obligation.

6.4. Right to restriction: Any Interested Party may request that Quest Málaga Living and Q21 limit the processing of their Personal Data (i.e., that they retain it but do not use it) exclusively if (i) its accuracy is contested (see below the right of rectification), to allow us to verify its accuracy; (ii) the processing is unlawful, but the Interested Party does not want the Personal Data to be erased; (iii) it is no longer needed for the purposes for which it was collected, but Quest Málaga Living and Q21 still need it for the formulation, exercise, or defense of legal claims; (iv) the Interested Party has exercised the right to object and verification of the reasons for the objection is pending. Quest Málaga Living and Q21 may continue using the Personal Data after a restriction request (i) if they have the Interested Party’s consent; (ii) for the formulation, exercise, or defense of legal claims; or (iii) to protect the rights of another natural or legal person.

6.5. Right to data portability: Under certain circumstances, Interested Parties have the right to receive from Quest Málaga Living and Q21 their Personal Data that is being processed in a structured, commonly used, and machine-readable format. They also have the right to request that Quest Málaga Living and Q21 transfer their Personal Data to another entity.

6.6. Right to object: Interested Parties may object to any processing of their Personal Data that is based on the “legitimate interests” of Quest Málaga Living and Q21 if they believe that there are specific circumstances that could unreasonably affect their fundamental rights and freedoms.

It is important to be aware that in cases where the Interested Parties exercise their right to object to the processing of Personal Data that is necessary to satisfy the legitimate interests of Quest Málaga Living and Q21 (as well as to fulfill their legal and contractual obligations), Quest Málaga Living and Q21 may be unable to provide the Services to these Interested Parties.

6.7. Right to object to the sending of commercial communications: Interested Parties have the right to object to the use of their Personal Data for the sending of commercial communications, including by electronic and telematic means.

6.8. Withdrawal of consent: Any Interested Party may withdraw their consent concerning any processing of their Personal Data based on previously granted consent. Consent can be withdrawn by contacting the Data Protection Officer of Quest Málaga Living and Q21.

6.9. Right to file a complaint with the Spanish Data Protection Agency: Although we prefer that Interested Parties first contact Quest Málaga Living and Q21 to resolve any complaints or inquiries, it is important for Interested Parties to know that they have the right to file a complaint with the AEPD (Spanish Data Protection Agency) through the contact details provided in Section 10 below.

Interested Parties may exercise their rights by contacting the Data Protection Officer of Quest Málaga Living and Q21, by sending a written request that properly justifies the scope of their request and includes a photocopy of their ID or passport.

7. Retention period for personal data

Quest Málaga Living and Q21 do not retain Personal Data about Interested Parties longer than necessary to fulfill the purposes for which it is processed.

In this regard, Quest Málaga Living and Q21 have implemented a Personal Data retention policy that determines how long certain types of personal information are retained. For more information about the criteria that Quest Málaga Living and Q21 use to determine retention periods for personal data, please contact the Data Protection Officer of Quest Málaga Living and Q21.

8. Retention period for personal data

Any future changes to privacy practices made by Quest Málaga Living and Q21 will be published on their website. Please check the websites of Quest Málaga Living and Q21 frequently for updates or changes to our Privacy Policy.

9. Data controller and contact details of Quest Málaga Living and Q21 – Data protection officer

9.1. Data controller of personal data.
The data controllers of the personal data of the Interested Parties are, jointly and severally: Company Name: CELA PROPERTIES S.L.
Tax Identification Number: B70790969.
Registered Address: Bárbara de Braganza, 11-1º left, Madrid.
Registered in the Madrid Mercantile Registry under Volume 46485, Folio 163, Sheet M-816215.

Company Name: Q21 REAL ESTATE S.L.
Tax Identification Number: B87051553.
Registered Address: Camino de la Zarzuela, 15, portal A, 3rd floor, 28023 Madrid.
Registered in the Madrid Mercantile Registry under Volume 32,599, Folio 56, Sheet M-586762.

9.2. Contact details of QUEST MÁLAGA LIVING and Q21 – Data Protection Officer.

If you have any questions about the practices described in this Privacy Policy, you can contact the Data Protection Officer of Quest Málaga Living and Q21 at the following addresses and phone number:

• rgpd@q21realestate.es
• 91 514 90 06
• Camino de la Zarzuela, 15, portal A, 3rd floor, 28023 Madrid.

Please be advised that in order for Quest Málaga Living and Q21 to provide you with information or allow you to exercise your rights, they may need to verify your identity, requesting a copy of your ID or passport, or other details to properly explain the scope of your request. We will contact you as soon as possible.

10. Contact detail of the spanish data protection agency

If you wish to contact the Spanish Data Protection Agency regarding any of the practices described in this Privacy Policy, you can do so through the following postal address and phone numbers:

• Spanish Data Protection Agency.
• Calle Jorge Juan 6, 28001 Madrid – 901 100 099 / 912 663 517.