Legal Notice

Legal Notice

Legal Notice

In accordance with the provisions stipulated in Law 34/2002 of July 11 regarding the Society Information Services and Electronic Commerce and other legal provisions that may apply, the present document governs the services offered on this website.

We inform you that BanusImmo S.L. with Spanish registration number B-67723494 is the owner of the domain, website and content on alminarmarbella.com. The company´s contact email address is info@banusimmo.com . The company´s mail address is  La Reserva del Alcuzcuz, La Azalia 1 - 1B, 29678 Benahavís.

The abovementioned limited company offers real estate services such as the administration, management, exploitation and commercialization – through both sales and rentals but with the exception of leasing – of all types of real estate property, owned by it or by others, in the broadest sense and through any means – including the Internet via the upkeep of webpages. The limited company is also engaged in the acquisition, holding and transfer of all types of real estate property.

BanusImmo S.L. does not own any of the properties it offers for sale on this website. The sale and rental of these properties is entrusted to the company by their owners and other agents.

Access to this website and to information contained therein regarding any product or service, implies acceptance of the conditions outlined in this legal notice. It is therefore recommended that you read the contents of the notice carefully before accessing and using the information and the services provided on this website.

The Validity of the Information

The conditions that are outlined here are valid from the date of the last website update. BanusImmo S.L. reserves the right to change these conditions at any time of its choosing in which case the modified conditions are valid from the moment of their publication and will apply to all those who use the present website.

The contents of the present website, especially these referring to information and publicity, are merely of an informative character and may not be used for any online or offline transaction – not even for the reservation of a future transaction. BanusImmo S.L. reserves the right to modify or omit any or all of the present contents of the portal and to limit or impede access to the portal temporarily or permanently.

Privacy Policy and Data Protection

BanusImmo S.L. complies fully with current legislation regarding private data protection and confidentiality in accordance with Organic Law 15/1999 of December 13 and has put in place the technical means required to maintain the desired safety level as it pertains to the nature of the personal data provided and to the circumstances under which this data was provided in order to avoid – as far as possible and allowing for the current state of technical knowledge – its alteration, loss or unauthorized access.

On the web forms that collect private data, users or clients will be made aware of the destination and use of the information provided; of the reason for collecting such information; of the person, and his/her address, responsible for maintaining the database; and, of the right of the user to access, rectify, cancel or oppose the keeping of records. All personal data provided will only be used and/or ceded to third parties with the express authorization from the user or client.

In order to ensure that the data contained in our records is correct and up to date, and free of errors, we kindly ask our clients to contact us at the earliest opportunity in case your personal details need modifying or rectifying.

Intellectual & Industrial Property

BanusImmo® is a registered trademark (M4066106) of BanusImmo S.L..

BanusImmo S.L. is the legal owner and rights holder of this website including artwork or other graphics as well as logotypes, trademarks, brand names and any other recognizable sign that has its rights protected as intellectual or industrial property.

BanusImmo S.L. does not offer or give any warranty or assurance regarding the correctness or legality of any information or other content featured on our web pages where its origin or ownership are held by a third party.

Prohibitions and permits for use

Without the express written permission of its legal owners, no part of the website may be used or exploited including reproduction by any kind of means, distribution, use by third parties, public diffusion or modification by any means or data carrier. The infringement of this clause may constitute unlawful behaviour that may be sanctioned under current law.

The user may, for his / her personal use and under his / her own personal responsibility and liability, download and copy any content of this website without infringing copyright laws or the intellectual and industrial rights of BanusImmo S.L.. However, this user is not allowed to alter, modify or delete any or all the website’s content. This clause does not transfer any of the copyright or intellectual or industrial rights to the user.

Except when expressly authorized by written consent, it is forbidden to hotlink to this website, or place this website – or any part thereof – in frames or Windows of any kind, form or technology that would have a visitor believe that a third party (person, business or organization) own any or all of the content of this website.

Responsibilities

BanusImmo S.L. does not guarantee permanent and continuous access to this website, nor does it guarantee that the website may be perfectly viewed under any and all circumstances, or that all elements on its pages will be available for downloading. Any or all of these elements may be unavailable or display incorrectly or be interrupted due to circumstances over which the company has no control.

Likewise, BanusImmo S.L. cannot be held responsible for information and/or content offered on webpages of third parties that may be accessed through links.

BanusImmo S.L. cannot be held responsible or liable for damages, losses, or claims for expenses incurred by any interference, interruption, fault, omission, delay, blockage or disconnection of the electronic system caused by deficiencies, overloading, or errors in the lines and telecommunication networks such as viruses or anything else by any means of communication such as the misuse of its website, security breaches, or navigation errors caused by browser malfunctions or by the use of outdated browsers.

Prices and Taxes Published on this Website

Prices quoted are those asked for by the owner/seller. In the case of promotional property, estates or a collection of properties, the price quoted is the lowest one. The description of such property will contain – for informational purposes only – both the highest and lowest price corresponding to the most expensive and least expensive property available.

BanusImmo S.L. does not accept any responsibility since all information provided on this website is for informational purposes only and may be subject to errors, omissions, changes in price or withdrawal without prior notice.

We strive to publish the correct information on each and every property but advise our clients to obtain the legal assistance of a lawyer who can and will provide a full due diligence report before any real estate deal is closed.

Taxes on the agreed upon transaction price are not included in the price. 

Public notary and registration fees are to be paid by the buyer. The sales commissions due to BanusImmo S.L. are to be paid by the seller in accordance with Spanish legal rules. For rental commissions: in case BanusImmo S.L. is not the official lister of the rental property, the rental commission is to be paid by the tenant. 

The consumer has the right to solicit an information sheet and other documentation in accordance with Decree 218/2005 of October 11, Andalucía. 

Privacy Policy & Cookie Policy

Last updated: December 6, 2022

BanusImmo S.L. understands that privacy is important to you and that you are concerned about the way your data is used and shared online. We respect and value the privacy of anyone who visits arrayanesgolf.com and collect and use information in a manner that is useful to you and in a manner consistent with your rights and our obligations under the privacy laws.

We undertake to respect the European law on the protection of privacy with regard to the processing of personal data. For questions about the data processing policy,  you can contact us by e-mail at the address info@banusimmo.com.

This policy applies to the use of all data collected by us in connection with the use of alminarmarbella.com.

Read this privacy policy carefully and make sure you understand it. Your acceptance of our privacy policy is deemed to take place on your first use of alminarmarbella.com. If you do not agree with this privacy policy, you must stop using alminarmarbella.com and leave immediately.

1. Definitions and interpretations

In this policy, the following terms are considered to have the following meanings:

“Our site”, “website” means  alminarmarbella.com;

“We / us / our” means BanusImmo S.L. (Banus Immo), a company registered under number B67723494 in Spain and with  registered office address La Reserva del Alcuzcuz, La Azalia 1 - 1B , 29678 Benahavís.

2. Information about us

This website is operated by BanusImmo S.L., a company registered under number B67723494 in Spain and with registered office address La Reserva del Alcuzcuz, La Azalia 1-1B, 29678 Benahavís.

Any data protection issues can be addressed to BanusImmo SL via the email address info@banusimmo.com. BanusImmo S.L. is responsible for the processing of personal data as shown in this privacy statement.

3. Scope privacy policy?

This privacy policy only applies to your use of alminarmarbella.com. It does not apply to websites that are linked to alminarmarbella.com. We have no control over the way in which your data is collected, stored or used by other websites and we recommend that you review the privacy policy of such websites before providing data to them.

4. What information do we collect?

BanusImmo  S.L. processes your personal data because you use our services and / or provide this information to us. Below you will find an overview of the personal data that we process.

Some data are automatically collected by BanusImmo S.L. (for more details, see section 12 on our use of cookies), other data is only collected if you provide it voluntarily and allow us to use it for the information purposes mentioned sub chapter 5 below.

Depending on your use of alminarmarbella.com, we may collect some or all of the following data:

• Name

• Contact information such as e-mail addresses and telephone numbers

• Language selection

• Demographic information such as postcode, preferences and interests

• IP address (automatically collected)

• The type of web browser and version (automatically collected)

• Operating system (automatically collected)

• A list of URLs that start with a referring site, your activity on our site, and the site you leave for (automatically collected)

5. How do we use your data?

All personal data is stored securely in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). More information about security can be found in chapter 6, below.

We use your data to offer the best possible products and services. This includes:

• Personalizing and tailoring your experience on alminarmarbella.com;

• Delivering our products and services to you;

• Personalizing and tailoring our products and services for you;

• Respond to your communication;

• Sending our newsletter and / or advertising leaflet and e-mail updates to which you have subscribed (you can always unsubscribe at any time);

• Marketing research;

• You can call or e-mail if necessary to carry out our services

• Analyzing your use of alminarmarbella.com and gathering feedback to enable us to continually improve the user-friendliness of alminarmarbella.com.

• Under GDPR we ensure that your personal data are processed lawfully, fairly and transparently, without harming your rights. We will process your personal data if at least one of the following conditions is fulfilled:

You have consented to the processing of your personal data for one or more specific purposes;

The processing is necessary for the execution of an agreement;

The processing is necessary to comply with a legal obligation to which we are subject;

The processing is necessary to protect the vital interests of you or of another natural person;

Processing is necessary for the fulfillment of a general interest task

Processing is necessary for the defense of the legitimate interests pursued by us or by a third party, except when these interests have to give way to the fundamental rights and freedoms of the data subject who require the protection of personal data, in particular when the data subject is a child.

6. How and where do we store your data?

BanusImmo S.L. does not store your personal data for longer than is strictly necessary to achieve the purposes for which your data is collected and / or for as long as we have your permission. In any case, we will carry out an annual survey to check whether it is necessary to keep your data.

Your data will only be stored within the European Economic Area (“the EEA”) (The EEA consists of all EU Member States plus Norway, Iceland and Liechtenstein). If we intend to store your data outside the EEA, we will always ask for your permission in advance.

We use the following methods to store your data:

On-premises digital data storage

On-premises physical hard copy files

Cloud-based digital storage

The security of data is of great importance to us. We have appropriate physical, electronic and managerial procedures to safely protect the data collected through our site. Steps we take to protect and protect your data include:

Staff awareness training on the importance of personal data

The data is only opened by authorized staff

All employees have signed confidentiality agreements

Notwithstanding the security measures we take, it is important to remember that the transfer of data over the internet can not be completely secure and that you are advised to take appropriate precautions when sending data to us via the internet.

7. Do we share your data?

We may share your information with other companies in our group. This also applies to our branches and / or our holding company and its subsidiaries.

BanusImmo S.L. will not sell your information to third parties and will only provide this information if this is necessary for the execution of our agreement with you or to comply with a legal obligation. With companies that process your data in our assignment, we conclude a processor agreement to ensure the same level of security and confidentiality of your data. BanusImmo S.L. remains responsible for these processing operations.

BanusImmo S.L. collects and processes data about you when you subscribe to a newsletter (both on paper and electronically), when you submit a request for information about a property via this website, when you fill in a contact form when you come to us during an event or when you contact us in another way (e-mail, telephone, e-mail, …).

In some cases, BanusImmo S.L. also processes information obtained from third parties (promoters, partner agencies, business partners, etc.) with the aim of offering you attractive offers.

Regardless, your details may be passed on to owners and property developers as part of your questions and interest in real estate in Spain, a reservation or purchase of real estate.

8. What happens if our company changes hands?

We can expand or reduce the company over time and this may involve the sale and / or transfer of control of all or part of our activities.

Data from users of the part of our business that is relevant to the operation will be transferred together with that part to the new owner or new controlling party. The terms of this privacy policy allow us to use the information for the purposes for which it was originally collected by us.

In case your data is transferred in this way, you will not be contacted in advance and informed about the changes. However, if they contact you, you will have the choice of deleting your data or agreeing to the use by the new owner.

9. How can you determine what your data will be used for?

When you provide information via BanusImmo S.L., banusimmo.com  and  alminarmarbella.com, you can opt to limit the use of your data. We strive to give you a strong control over the use of your data (including the possibility to choose to receive e-mails from us and the possibility to unsubscribe via the links in our e-mails).

10. Your right to change information

You have access to certain parts of our website alminarmarbella.com without any provision of information. However, in order to use all functions of banusimmo.com and alminarmarbella.com it may be necessary to collect certain data.

You can restrict the use of cookies via your internet browser. For more information, see chapter 12 of our Cookie Policy.

You can withdraw your consent to use your personal data as described in chapter 5 at any time by contacting us as described in chapter 15. We will then delete your data from our systems. You acknowledge, however, that this may limit our ability to offer the best possible products and services.

11. How do you access your data?

You have the legal right to request a copy of your personal data that we keep.

You have the right to view, correct or delete your personal data. You also have the right to withdraw your consent to the data processing or to object to the processing of your personal data by BanusImmo S.L. and you have the right to data portability. This means that you can submit a request to us to send the personal information we hold to you in a computer file to yourself or another organization that you have designated yourself.

You can send a request for access, correction, deletion, data transfer of your personal data or request for cancellation of your consent or objection to the processing of your personal data to info@banusimmo.com.

BanusImmo SL takes the protection of your data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized modification. If you feel that your data is not properly secured or there are indications of abuse, please contact us at info@banusimmo.com.

12. Cookies

BanusImmo S.L. uses functional, analytical and tracking cookies. A cookie is a small text file that is stored in the browser of your computer, tablet or smartphone when you first visit this website.

BanusImmo S.L. uses cookies with a purely technical functionality. Alminarmarbella.com places first party cookies on your computer or device. First party cookies are placed directly by us and are only used by us. These ensure that the website works properly and that, for example, your preferred settings are remembered. These cookies are also used to make the website work well and to optimize it. On your first visit to our website we have already informed you about these cookies and we have asked you for permission to place them.

By using alminarmarbella.com and  banusimmo.com you will also receive a number of third-party cookies on your computer or device. Third party Cookies are the ones that are placed by other websites, services and / or other parties. Our site uses analytics services from third parties. Website analytics refers to a range of tools that are used to collect and analyze usage statistics, allowing us to better understand how people use our website. This is a list of third-party analytics providers we currently use:

google analytics

You can opt out of cookies by setting your internet browser in such a way that it does not store cookies anymore. In addition, you can also delete all information previously saved via the settings of your browser.

13. Summary of your rights under GDPR

Under the GDPR, you have:

the right to access, delete or correct your personal data by contacting us;

the right to complain to a supervisory authority;

to be informed of what data processing takes place;

restrict the way of processing;

the right to transfer data;

to oppose the processing of your personal data;

rights to automated decision-making and profiling (see 14 below).

To enforce any of the previous rights or if you have any other questions about banusimmo.com, alminarmarbella.com or this privacy policy, please contact us using the details mentioned in chapter 15.

14. Automated decision making and profiling

14.1 In the event that we use personal data for the purposes of automated decision-making and these decisions have a legal (or similar significant) effect on you, you have the right to challenge such decisions on the basis of the GDPR, requesting a human intervention to express their own point of view, and obtaining a statement of the decision by us.

14.2 The rights described in section 14.1 do not apply in the following cases:

The decision is necessary for the entry into force, or the execution of a contract between you and us;

The decision is permitted by law; or

You have given express permission.

Where we use your personal information for profiling purposes, the following applies:

Clear information with an explanation of the profiling will be provided, including the meaning and possible consequences;

Appropriate mathematical or statistical procedures will be used;

Implement technical and organizational measures necessary to minimize the chance of errors and to easily correct such errors; and

All personal data processed for profiling purposes must be secured in order to prevent discriminatory consequences arising from the creation of profiles.

15. Contact us

If you have any questions about BanusImmo S.L. or this privacy policy, please contact us via email on info@banusimmo.com, by phone on +34 637 877 378, or by land mail to Reserva del Alcuzcuz, La Azalia 1-1B, 29678 Benahavís.

16. Changes to our privacy policy

We may change this privacy policy if we deem it necessary or if the law deems it necessary. Any changes will be posted immediately on banusimmo.com, arrayanesgolf.com and you are deemed to have accepted the terms of the privacy policy on your first use of these websites after the changes. We recommend that you regularly check this page for changes.

17. Terms of use

By accessing or using alminarmarbella.com you agree to comply with and be bound by these terms of use as well as our privacy policy. If you do not agree with these terms of use, you may not use the website.

These conditions of use may be changed from time to time and therefore we invite you to regularly verify their content.

Intellectual property rights. This website and the content provided in the website, including and not limited to, the texts, graphic material, logos, icons, images, videos, sound and software, are protected by intellectual property rights held by BanusImmo S.L. and / or third parties and may not be copied, reproduced, distributed, posted, downloaded, transferred or used without the prior permission of BanusImmo S.L., without prejudice to the possibility of downloading, reproducing and printing material for purely personal purposes such as permitted under these Terms of Use, provided you do not modify the material in any way and that you keep all copyrights, trademarks and other proprietary notices intact.

Links to other websites. Hyperlinks or references to third-party websites are only offered for your convenience. BanusImmo S.L. nor alminarmarbella.com have reviewed these websites of third parties, has no control over them and is not responsible for any of these websites or their content. If you decide to visit one of these third-party websites, you do so entirely at your own risk.

Prohibited use. You may only use the website for personal purposes. You may not access, store, distribute or transmit viruses or any content during your use of this Website that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racist or ethnically insulting; (ii) facilitates illegal activity; (iii) expresses sexually explicit images; (iv) promotes unlawful violence; (v) is discriminatory on the basis of race, gender, color, religion, sexual orientation, disability or any other illegal activity; or (vi) causes damage or injury to a person or property.