This is a courtesy translation. In the event of any discrepancy, the Spanish version of this Privacy Policy shall prevail.
In compliance with personal data protection legislation (GDPR), this Privacy Policy is made available to users of this website in order to explain how we process their personal data and protect their privacy and information.
Legislation applicable to this website: GRUPO TOP GESTIÓN has adapted this website to the requirements of Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD). It also complies with 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), and with Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE).
1. Joint controllers
1.1. Who are the joint controllers?
The companies belonging to the group of companies in which TOP GESTIÓN holds an interest, or whose sole shareholder is TOP GESTIÓN, and which independently carry out each of the real estate developments undertaken by the TOP GESTIÓN group as part of its main activity.
1.2. Joint trade name of all TOP GESTIÓN group companies
GRUPO TOP GESTIÓN
1.3. Common point of contact
Company name: TOP GESTION MADRID, S.L. | B86831476
Address: C/ Príncipe de Vergara, 120, escalera 3, 1º izquierda, 28002 Madrid (Spain)
Contact: Tel. +34 912 90 44 94 – Email: topgestionmadrid@grupotopgestion.com
1.4. Legal regulation of the joint controllership
In order to comply with current EU data protection legislation (Art. 26 GDPR), an Agreement has been drawn up to enable and regulate, globally and for all GRUPO TOP GESTIÓN companies, the joint controllership regime for the joint processing of personal data among the different companies of GRUPO TOP GESTIÓN.
All newly created entities forming part of GRUPO TOP GESTIÓN have progressively adhered to this Agreement by completing the Adhesion Document included as the Second Annex to the Agreement.
In accordance with applicable legislation, the Agreement may be made available to data subjects upon request to topgestionmadrid@grupotopgestion.com.
1.5. Origin and intra-group communication of data
For the purposes of the GDPR and the LOPD-GDD, the sending by the User of personal data (data relating to identified or identifiable persons) through any GRUPO TOP GESTIÓN website, and their subsequent processing by us, shall be considered a data processing activity. The personal data processed by GRUPO TOP GESTIÓN come from the different forms on the group’s websites.
GRUPO TOP GESTIÓN guarantees the User that it will implement the appropriate technical and organisational security measures for the processing of such data in order to safeguard the privacy of the information.
Users are informed that any personal data collected on any of the websites belonging to GRUPO TOP GESTIÓN will be communicated to all joint controllers for the purpose of joint and/or individual processing, as appropriate.
2. Purpose and legal basis of processing
2.1. For what purpose will we process your data?
At GRUPO TOP GESTIÓN we process the data collected through the various forms on our websites in order to:
- Manage, study and resolve enquiries regarding the information on the website and/or our services, data processing, legal texts, complaints and any other matters.
- Manage and process User registration.
- Manage the GRUPO TOP GESTIÓN subscription list and send newsletters, promotions and offers.
- Prepare quotations at the request of the data subject.
- Manage reservations at the request of the data subject.
- Manage, study and resolve communications regarding alleged regulatory breaches, alleged violations of the Code of Ethics or alleged negligent acts or omissions, and, where appropriate, notify the competent Administrations and/or Courts.
The data provided will be stored on servers managed by the hosting provider of the website on which the user entered them, which will act as data processor. All servers of the various GRUPO TOP GESTIÓN hosting providers are located in Europe, and the companies managing them offer sufficient guarantees to apply the security measures required by data protection legislation.
GRUPO TOP GESTIÓN usually hosts its websites on the servers of OVH HISPANO, S.L. or RAIOLA NETWORKS, S.L.
However, given the large number of websites owned by GRUPO TOP GESTIÓN, among other factors, it is very complex to set out exhaustively which hosting provider corresponds to each website. If you wish to know which hosting provider has or has had access to your personal data, please contact our team at topgestionmadrid@grupotopgestion.com.
Data subjects are solely responsible for completing forms with false, inaccurate, incomplete or outdated data, and GRUPO TOP GESTIÓN is released from any liability in this respect. Users guarantee and are in all cases responsible for the accuracy, validity and authenticity of the personal data provided, and undertake to keep them duly updated.
2.2. What is the legal basis for processing your data?
The legal basis for processing your data is consent.
The processing of your data is based on your express consent, which you give by providing the data requested through the website forms and ticking the box accepting this privacy policy.
2.3. Do you need to provide all your data? What happens if you do not?
Yes, you must provide all the personal data requested. If you do not provide them, we will not be able to deal with your request properly.
2.4. Will we make automated individual decisions and/or carry out profiling that produces legal effects or similarly significantly affects you?
No.
2.5. How long will we process your data?
GRUPO TOP GESTIÓN will keep your personal data for as long as necessary to achieve the purpose or purposes of the processing.
Thereafter, provided that the user has not exercised their right to erasure, the data will be kept for the legal periods applicable in each case, taking into account the type of data and the purpose of the processing.
In any case, users may request detailed information on the data retention periods applied by contacting our Data Protection Officer at topgestionmadrid@grupotopgestion.com.
3. Recipients of data
3.1. Will we share your data with other companies?
If you consent, GRUPO TOP GESTIÓN may share your data with third parties providing home-related services so that they can send you commercial information about their products or services. Likewise, for processing other than third-party advertising, GRUPO TOP GESTIÓN informs you that your data may be communicated to the following recipients:
- Competent national or international authorities, including judicial bodies, regulatory and supervisory bodies and State Security Forces.
In addition, please note that the provision of the services available through this Website requires the involvement of third-party service providers (for example, web hosting and infrastructure, customer management tools, etc.), which will process your personal data under our responsibility, on our behalf and following our instructions.
Before working with each sales agency, GRUPO TOP GESTIÓN has diligently signed the appropriate contract governing the relationship between both parties in order to provide additional guarantees regarding the proper processing of data by the sales agency concerned. These guarantees and guidelines for processing personal data, together with those already diligently implemented by each sales agency, provide sufficient protection of the User’s rights.
However, GRUPO TOP GESTIÓN is not responsible for the processing that third-party sales agencies may carry out on the data shared with them.
If the data subject wishes to obtain more information in this regard, or to report any apparently unlawful processing of their personal data shared with the sales agency concerned, they may write to topgestionmadrid@grupotopgestion.com so that our team can provide further information and/or assess any breach of the contract signed with the sales agency and, where appropriate and at our sole discretion, adopt and implement the appropriate measures to defend the rights and interests of the affected User.
Users are informed that, for the proper provision of the services (e.g. web hosting, marketing, etc.), various service providers engaged by GRUPO TOP GESTIÓN (data processors) may have access to the personal information necessary to perform their functions.
These third-party services are necessary for the activity of GRUPO TOP GESTIÓN, and the processing of data they carry out will at all times be governed by a contract binding the processor to GRUPO TOP GESTIÓN. Under no circumstances will they use the information for other purposes, and they will process it in accordance with the guidelines set by GRUPO TOP GESTIÓN and current data protection legislation.
In its commitment to the User’s privacy and data protection, GRUPO TOP GESTIÓN will only choose service providers that offer sufficient guarantees to apply appropriate technical and organisational measures, so that the processing complies with applicable data protection legislation and ensures the protection of the User’s rights.
4. International transfers
4.1. Will your personal data be transferred to third countries or international organisations?
No, as a general rule.
5. Rights of the data subject
5.1. What rights do you have regarding the processing of your data?
Any data subject has the right to obtain confirmation as to whether or not GRUPO TOP GESTIÓN is processing personal data concerning them.
Likewise, as provided for in the GDPR (arts. 15-22) and the LOPD-GDD (arts. 12-18), you have the following rights:
- Access your data: you have the right to access your data to know which personal data concerning you we are processing.
- Request the rectification or erasure of your data: in certain circumstances, you have the right to rectify inaccurate personal data concerning you that we process, or even to request their erasure when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
- Request the restriction of processing: in certain circumstances, you have the right to request that we restrict the processing of your data, in which case we will only keep them for the exercise or defence of claims, as provided for in the GDPR and the LOPD-GDD.
- Data portability: in certain circumstances, you have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and to transmit them to another controller.
- Object to the processing of your data: in certain circumstances and on grounds relating to your particular situation, you have the right to object to the processing of your data, in which case we would stop processing them except for compelling legitimate grounds or the exercise or defence of possible claims.
- Request not to be subject to automated individual decisions, including profiling.
- Lodge a data protection complaint with the supervisory authority (Spanish Data Protection Agency).
5.2. When will we respond to your request?
We will respond to your requests as soon as possible and, in any case, within one month of receipt. This period may be extended by two further months where necessary, taking into account the complexity and number of requests. The controller will inform the data subject of any such extension within the first month after the request.
5.3. Do you have the right to withdraw your consent?
Data subjects have the right to withdraw their consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
5.4. Where should you go to exercise your rights?
To exercise these rights, data subjects may contact TOP GESTION MADRID, S.L. by email at topgestionmadrid@grupotopgestion.com or by writing to the postal address: C/ Príncipe de Vergara, 120, escalera 3, 1º izquierda, 28002 Madrid (Spain).
5.5. Do you have the right to lodge a complaint?
Yes. Particularly if you have not obtained full satisfaction in exercising your rights, you have the right to lodge a complaint with the national supervisory authority, the Spanish Data Protection Agency (Agencia Española de Protección de Datos): C/ Jorge Juan, 6 – 28001 Madrid | https://www.aepd.es | dpd@agpd.es | Tel. +34 901 100 099 – +34 912 663 517.
Acceptance and consent
As a User, you declare that you have been informed of the conditions regarding the protection of personal data, and you accept and consent to their processing by GRUPO TOP GESTIÓN in the manner and for the purposes indicated in this privacy policy.
Changes to this privacy policy
GRUPO TOP GESTIÓN expressly reserves the right to modify this privacy policy to adapt it to any legislative, case-law or other developments.
Contact
If you have any questions about our privacy policy, please write to topgestionmadrid@grupotopgestion.com.
Personal data protection
GRUPO TOP GESTIÓN (TOP GESTIÓN MADRID, SL, hereinafter the “controller”), with Tax ID B86831476 and registered office at C/ Príncipe de Vergara 120 · Escalera 3, 1ª Planta · 28002 · Madrid, carries out, as part of its marketing activities and in order to promote its business, various public communications and publications on the controller’s pages, websites and social networks.
The personal data requested in order to provide our services are included in processing activities subject to Spanish Organic Law 3/2018 of 5 December (LOPD-GDD) and Regulation (EU) 2016/679 (GDPR). These data are collected and processed by GRUPO TOP GESTIÓN for the purpose of managing, providing, extending and improving the services requested by the user at any time, following up enquiries, participating in recruitment processes, electronic communications and/or compiling statistics.
The services provided by GRUPO TOP GESTIÓN are intended for adults. In the exceptional event that a service is developed specifically for minors, GRUPO TOP GESTIÓN will request the consent of their parents or guardians to collect and, where applicable, process their personal data.
GRUPO TOP GESTIÓN undertakes to comply with its duty of secrecy regarding the personal data supplied and to treat them confidentially, in accordance with current legislation. To this end, it will adopt the necessary measures to prevent their alteration, loss, processing or unauthorised access.
Rights of data subjects
Current data protection legislation grants you a series of rights regarding the use we make of your data. Each of these rights is personal and non-transferable, meaning it can only be exercised by the data subject, after verification of their identity.
Your rights are as follows:
- Request access to your personal data.
- Request the rectification of your data.
- Request the erasure of your data (“right to be forgotten”).
- Restrict or object to the use we make of your data.
- Right to data portability in the case of telecommunications or Internet services.
- Right to withdraw your consent at any time.
- Right not to be subject to automated individual decisions.
- Right to lodge a data protection complaint with the supervisory authority (Spanish Data Protection Agency).
How can you exercise your rights?
To exercise your rights of access, rectification, erasure, restriction or objection, portability and withdrawal of consent, please contact:
Company name: TOP GESTION MADRID, S.L.
Address: C/ Príncipe de Vergara, 120, escalera 3, 1º izquierda, 28002 Madrid (Spain)
Telephone: +34 912 90 44 94
Email: topgestionmadrid@grupotopgestion.com
How can you lodge a complaint? In addition to the rights described above, if you believe that your data are not being collected or processed in accordance with current data protection legislation, or if you consider that you have not obtained full satisfaction in exercising your rights, you may lodge a complaint with the Spanish Data Protection Agency: C/ Jorge Juan, 6 – 28001 Madrid | https://www.aepd.es | dpd@agpd.es | Tel. +34 901 100 099 – +34 912 663 517.
Miscellaneous
The headings of the different clauses are for information purposes only and shall not affect, qualify or extend the interpretation of the Legal Notice and Terms of Use.
In the event of any discrepancy between this Legal Notice and Terms of Use and the specific conditions, general conditions or agreements that TOP GESTIÓN or any of its subsidiaries reach with their clients, the provisions of the specific and/or general conditions shall prevail.
If any provision or provisions of this Legal Notice and Terms of Use are held to be null or unenforceable, in whole or in part, by any competent Court, Tribunal or administrative body, such nullity or unenforceability shall not affect the other provisions of the Legal Notice and Terms of Use.
The failure of GRUPO TOP GESTIÓN companies to exercise or enforce any right or provision contained in this Legal Notice and Terms of Use shall not constitute a waiver thereof, unless acknowledged and agreed in writing.
Applicable law and jurisdiction
Spanish law shall apply in the event of any dispute or conflict of interpretation regarding the terms of this Legal Notice, as well as any matter related to the services of this website.
The relationship between TOP GESTIÓN and the User shall be governed by current Spanish legislation, and any dispute shall be submitted to the Courts and Tribunals of Madrid.