Article I- Introduction
The purpose of these General Conditions of Use (hereinafter referred to as “the GCU”) is to define the conditions of use of the Website accessible at the address www.sunnyfincas.com (hereinafter referred to as “the Website”) that SUNNY FINCAS (hereinafter referred to as “the Company”) makes available to Internet users (hereinafter referred to as “User”) as well as to Real Estate Advertisers.
I- 1. Subject: General Conditions of Use and Acceptance
I- 2. To contact the Company
- By e-mail: firstname.lastname@example.org.
- By simple letter to the address indicated in article IV-1.1. of the present document.
- By phone: +34 653.381.637.
I- 3. Definition of terms
For the purpose of this document, the terms in bold are defined as follows:
“Data” – Personal data as defined in Article 4 of 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 (“General Data Protection Regulation”) and applicable since 25 May 2018. This Data is provided with the User’s explicit and positive consent when using the Website.
“Website” – Service offered by the Company thanks to interactive web pages, edited and operated by the Company. It can be accessed via the Internet at www.sunnyfincas.com.
“Website Server” – Servers that host the Website and its Services. These websites are published and operated by the Company.
“Database Server” – The server on which the Database is hosted.
“Services” – Services offered on the Website, provided by the Company and described in Article II of these GCU.
“Real Estate Advertisers” – Advertisers who are clients of the Company and who have signed a contract to advertise real estate properties for sale or for rent on the Website.
“User” – Any natural person who accesses the Website in a non-professional practice.
“GDPR” – General Data Protection Regulations. This is the European reference text on the protection of personal data, applicable in all Member States of the European Union since 25 May 2018.
Article II- Access to the Site and Services
The Services provided on the Company’s Website consist in facilitating the User’s search for a property for sale or rent. These Services are freely accessible on the Company’s Website. The User acknowledges that these Services may be modified at any time, by decision of the Company, to improve the operation of the Website.
II- 1. The Company performs and provides the Services defined as follows
- The User has the possibility to create a Personal Space (“My favorites”). By creating this Personal Space, the User has a unique identifier and a personal password that can only be modified by him. The User therefore undertakes to keep his identifier and password confidential and not to pass them on to third parties. All access to the User’s Personal Space is under the User’s sole responsibility and can only be done with his or her unique identifier and password.
- A search service available to the User. It allows the consultation of offers to sell and rent real estate.
- A service to put User in contact with the Company’s Real Estate Advertisers.
- A free subscription service to a personalized newsletter (“E-Mail Alert”) according to the User’s search criteria.
- A free subscription service to a newsletter (“Newsletter”) about the development of the Company’s services.
- Access to the contact details of the Real Estate Advertisers responsible for the offers to sell and rent property published on the Website.
- A service allowing the User to define his search criteria and to submit his request in a grouped way to the Real Estate Advertisers of the sector, clients of the Company. This Service makes it possible to be contacted by these Real Estate Professionals of the sector, after the User has voluntarily communicated his personal details.
II- 2. Newsletter, E-mail Alert and Custom Search
II- 2.1. Newsletter
In a voluntary action, the User registers to receive commercial information about the Company. The User can unsubscribe from this mailing list at any time by clicking on the link provided for this purpose at the bottom of the Newsletter. Personal data processed for the purpose of this service will then be deleted from the mailing list during daily updates made by the Company. The User can subscribe or unsubscribe from the Newsletter from his Personal Space.
II- 2.2. E-Mail Alert
In a voluntary action, the User registers to receive information concerning his real estate search via a form on which he can mention his criteria.
The User may unsubscribe from this mailing list at any time by clicking on the link provided for this purpose at the bottom of this e-mail. Personal data processed for the purpose of this service will then be deleted from the mailing list during daily updates made by the Company. The User can create, modify, personalize or delete his E-Mail Alerts from his Personal Space.
II- 2.3. Custom Search
By creating a Custom Search, the User agrees that his search criteria may be transmitted to Real Estate Advertisers, clients of the Website, so that they can send him suggestions or offers that can meet his request.
II- 3. Responsibilities and Obligations of the User
The User undertakes to navigate on the Website respecting the instructions and indications presented on the screen.
The User undertakes not to disrupt or hinder the proper functioning of the Website and the Services mentioned above.
The User is prohibited from any use of the Website and the Services offered which would be in contradiction with the regulations in force. The User may not under any circumstances use the Website to disseminate remarks inciting hatred, violence or of a discriminatory, defamatory or offensive nature.
Any use of the Website and its services that may damage the interests, image or reputation of the Company and thereby its “Sunny Fincas” brand is prohibited. The User assumes full responsibility for his use of the Website and any damage he may cause to a third party.
II- 4. Responsibilities and obligations of the Company
The Company focuses its efforts on the creation of the Website, its proper functioning and integrity. In doing so, the Company declines all liability in the event of:
- Complete or partial interruption of the Website for reasons of technical maintenance or updating of published data and information.
- Technical problems of any kind leading to temporary impossibility of access to the Website.
- Direct or indirect damage caused by the inaccuracy or unreliability of the information published on the Website, or related to access or use of the Website.
- Damages resulting from the relationship established between the User and the author of the ad or any other partner of the Website.
- Abnormal or illegal use of the Website.
- Loss and/or usurpation of the User ID and/or password of the Website User.
- Failure to comply with one of its obligations or interruption of its Services due to Force Majeure as defined by Spanish case law.
The User is informed and acknowledges that the Company’s activity is limited to facilitating the connection of Users with Real Estate Advertisers. Its responsibility can in no way be engaged within the framework of the relations, agreements and discussions likely to occur between the Users and the Real Estate Advertisers.
The Company does everything possible to provide a showcase service and networking between the various players of the Website. However, the Company cannot guarantee:
- The nature of the follow-up given to the publication of an advertisement by a Real Estate Advertiser or the taking contact by a third party.
- The nature of the relationship established between the various players of the Website (Users, Real Estate Advertisers).
- The quality of information and advice provided by the Real Estate Advertisers on the Website.
- The quality of information and advice provided by Advertisers on the Website.
The Company publishes editorial content (information and commercial articles) relating in particular to the fields of architecture, real estate, practical services and tourism. However, the Company informs the User that under no circumstances do these articles constitute an alternative to consulting a professional in the sector concerned.
To optimize its visibility, the Company translated its website into several languages.
All prices indicated on the website are converted from the euro, in different currencies, which are updated daily, thanks to a currency converter.
Article III- Copyright Protection and Database
In accordance with the articles relating to Property Rights of the Intellectual Property Code, the Company is the owner and responsible for the rights concerning the Database and the contents of the Website.
Thus, the User undertakes not to:
- Reproduce (partially or in its entirety), distribute, use or represent the Website or its constituent elements (photographs, logo, trademark, advertisements, texts, videos, images, sounds, software, company name).
- Extract or index part or all of the content of the Website, in particular using robots or Internet applications.
- Exploit, distribute and market a part or the Internet Site in its entirety, for the benefit of a third party.
- Alter, modify or remove, in any form or medium, all or part of the intellectual property notices of the Website.
In accordance with the Intellectual Property Code, the Company is the producer of the Website Database.
It is forbidden to extract, modify, reproduce, use, transfer or represent, partially or in its entirety, the contents of this Database.
It is prohibited to create, edit, update, import, export or make available to a third party all or part of the Company’s database in order to participate in the creation of a competing database.
The reproduction, representation or adaptation, not expressly authorized by the Company, of the whole or of a constituent part of the Website is considered as counterfeiting and engages the civil and penal liability of its author.
The Company reserves the right to take legal action against persons who commit one or more infringements of the Intellectual Property Code and/or the above-mentioned prohibitions.
Article IV- Personal Data Protection
IV-1. Personal data, collection and processing
IV-1.1. Data controller
The person responsible for the processing and collection of personal data is:
Corporate name: SUNNY FINCAS
Registered at name of: Federica Agnoletti
Registered office: Calle del Cerro 23, 30510 Yecla (MURCIA) Spain Intracommunity VAT – Corporate Tax Id number: ES Y4650651L
The database is hosted on a protected server owned by the following company:
ACENS TECHNOLOGIES, S.L.U.
Calle San Rafael N° 14 28108 Alcobendas (Madrid)
VAT/NIF: B-84948736. Contact: email@example.com.
IV-1.2. Details of Personal Data collected by the Company
The Personal Data collected from the User by the Company are:
- First name
- E-mail address
- Password (encrypted data)
- One or more telephone numbers
IV-1.3. Collection of Personal Data
The Company collects the above Personal Data when:
- Entering a contact form
- Opening of a Personal Space
- Opening of a Personal Space and connecting to the Website via a social network.
IV-1.4. Purposes of the processing of Personal Data by the Company
The storage and processing of the User’s Personal Data, listed above, serve the following purposes:
- Transfer of the User’s request with his contact details, relating to a real estate advertisement, to the Real Estate Advertiser concerned and client of the Company.
- Transfer of the User’s search criteria, with his/her contact details, to the Company’s Property Advertisers selected by the User and able to offer similar properties.
- Opening the User’s Personal Space (“My Favorites”).
- Sending of an e-mail proposing real estate’s corresponding to the criteria of search of the User, under conditions of registration on behalf of the User.
- Sending of an e-mail informing of the new services of the Company and of its evolution.
Only the Personal Data necessary to achieve the above purposes are processed by the Company (Article 5.1 of the GDPR).
IV-1.5. Legal Framework of Treatment
By accepting the present GCU (Article I-2 of the present) and in application of articles 6.1 and 13 of the GDPR, the User becomes aware of the nature of the Personal Data collected by the Company and their processing mentioned above.
By accepting these GCU, the User agrees and acknowledges that his Personal Data are necessary for the proper functioning and proper performance of the Services offered by the Company.
Acceptance of the GCU shall replace the contract signed between the User and the Company.
This Agreement is consented before each collection of Personal Data from the User, and this explicitly and positively.
The sole purpose of the Company is to allow the User to benefit from its Services under the best conditions while protecting the User’s rights and Personal Data, in perfect agreement with the GDPR.
IV-2. Recipients of the User’s Personal Data
The data collected by the Company may be communicated, in compliance with the regulations and laws applicable to the Company according to Article 6 of the GDPR to one or more persons defined as follows:
- To authorized personnel of the Company who have been authorized by the Data Controller to access and process Personal Data via protected personal access.
- To administrative or judicial authorities authorised by French law.
- To the Company’s Real Estate Advertisers Users have contacted or selected.
IV-3. Duration of retention of personal data
In accordance with Article 18 of the GDPR, the User’s Personal Data collected by the Company is stored in a database managed by the Company, with the utmost confidentiality and security in accordance with the laws applicable to the Company, for a period of one year from its last access to the Website. If necessary, the Data may be kept for a further two years, under restricted and exceptional access, in order to meet legal obligations concerning administrations and judicial authorities.
The Company undertakes to take all feasible and reasonable measures to protect the Data stored on the Database (firewall, controlled access) and to prevent unauthorised third parties from accessing it.
The Database is hosted on a protected server of the Company:
ACENS TECHNOLOGIES, S.L.U.
Calle San Rafael N° 14 28108 Alcobendas (Madrid)
VAT/NIF: B-84948736. Contact: firstname.lastname@example.org.
IV-4. User’s rights relating to Personal Data
IV-4.1. Rights of the User
In accordance with the laws applicable to the Company and in accordance with Article 17 of the GDPR, the User has the right to:
- Oppose at any time to receive information relating to the Company (Newsletter) or information concerning advertisements issued by the Company’s Real Estate Advertisers clients (E-Mail Alert).
- Request to rectify, update or delete his/her Personal Data in connection with the use of the Company’s Services.
- Request the portability of his/her Personal Data, insofar as the User can prove his/her identity to the Company and where technically possible by the Company.
- Oppose at any time to the processing of his/her Personal Data in connection with the use of the Company’s services.
If the User exercises his/her right to oppose, to rectify, to delete or the right to be forgotten, the Company will stop processing the User’s Personal Data and will proceed to the total deletion of his/her Data. In case of necessity (finding of infringement on the part of the User) the Company has the right to keep the User’s Data for Legal purposes, in accordance with the GDPR.
The Data Controller shall notify each recipient of the Personal Data of any wish to rectify, delete or forget the said Data, in accordance with Articles 16, 17-1 and 18 of the GDPR, unless such communication proves impossible or requires disproportionate action.
The Data Controller shall provide the User with the processing history of his/her Personal Data, if the User so requests.
The Company cannot be held responsible for the non-processing of requests for deletion, rectification or right to be forgotten that it has transmitted to the recipients after the User’s request.
IV-4.2. Conditions for exercising the User’s rights
To exercise his rights to opposition, deletion, rectification or his/her right to be forgotten, the User must send a letter in simple form to the Company at the address mentioned in Article IV-1.1 of these GCU, not forgetting to attach proof of identity.
Article V – Protection of persons, minors and property
The Company is committed to defending the integrity of its Website www.sunnyfincas.com and supports the fight for fair practices, respect for the rights of men, women and children and more generally the law on the Internet.
Thus, the Company undertakes:
- To collaborate with the competent authorities, at their request, in the event of non-compliance with Spanish laws.
- Not to broadcast advertising or content that does not comply with the law.
The Company prohibits any use of its Website www.sunnyfincas.com for the purpose of disseminating content (image, text, video, sound…):
- Violating public order, respect for privacy, and secrecy of correspondence.
- Inciting hatred, discrimination or violence.
- Damaging the honour or reputation of others.
- Defamatory or offensive, xenophobic, homophobic or racist.
- Pornographic or paedophile.
- Inciting to commit a crime, offence or act of terrorism.
- Advocating war crimes or crimes against humanity.
Article VI – Hypertext links to and from the Website
The Website offers hypertext links to external websites operated by third parties. The Company has no control over the content of these websites and disclaims all liability in this regard. The presence of these links on the Website does not imply the approval of the contents of these third party websites by the Company.
The Company may therefore not be held liable:
- In case of dispute with third party websites referenced on the Website or one of its members.
- In case of malfunction and difficulties of access to third-party websites referenced on the Website.
- In case of lack of completeness, reliability or quality of the contents of third party websites referenced on the Website.
It is forbidden to create a hypertext link to the Website without the express authorisation of the Company.
Framing may not be performed without the express permission of the Company. Framing is a technique that consists of integrating part of the content of a website into a third party site by leaving the hypertext to the source site more or less explicitly active.
Article VII – Cookies
VII- 1. Definition:
A cookie is a text file of information deposited by a website on the User’s navigation terminal. A cookie allows the website visited to identify the device with which the site was visited (computer, tablet, smartphone…). Cookies do not allow personal identification of the User; they are not used to collect Personal Data.
The Company uses third-party cookies for audience measurement purposes. These cookies only produce anonymous statistics, volume and attendance. These cookies will not be stored beyond one year after the first visit.
VII- 3. Refusal of cookies:
The User is free to refuse all or part of the cookies by configuring his browser.
- To deactivate cookies on Google Chrome, select the browser’s MENU icon and follow this route: “Settings” > click “Show advanced settings” >”Privacy” section > click “Content settings” > select “Ban all sites from storing data” > click “OK”.
- To disable cookies on Mozilla Firefox, open the menu and follow this path: “Options” >”Privacy” >”History” >”Retention policy” > select “Use custom settings for history” > click “Accept cookies” >”OK”.
- To disable cookies on Safari: “Settings” >”Safari” >”Block cookies” > select “Always block”.
- To disable cookies on Internet Explorer: “Settings” >”Internet Options” >”Privacy” > move the “Settings” slider up to select “Block all cookies”.