Privacy Policy

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MONTALBAN MIJAS S.L. Website Privacy Policy 

Policy version: 05/06/2025

Welcome to the website of Montalban Mijas S.L. (hereinafter, “MONTALBAN MIJAS”, “we”, “our”, “us”), accessible via [Insert website link] (hereinafter, our “Website”).

MONTALBAN MIJAS S.L., with Tax Identification Code B19810522 and registered address at Centro Comercial Sotomarket, Oficina 8, Urbanización Sotogrande, 11310, San Roque, Cádiz, Spain, is the Data Controller in relation to the personal data collected through our Website. This means that we are the organisation legally responsible for determining how and for what purposes your personal data is used.

We take your privacy very seriously. Please read this privacy policy carefully, as it contains important information about who we are, how and why we collect, store, use and share your personal information (your “personal data”) when you use our Website. It also explains your rights in relation to your personal data and how you can contact us or the relevant supervisory authority if you wish to make a complaint.

We collect, use, and are responsible for certain personal data about you. When doing so, we are subject to the provisions 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 – GDPR), and
  • Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).
  1. What this Policy Applies To 

This Privacy Policy applies exclusively to your use of our Website, accessible via [Insert website link].

  1. Personal Data We Collect About You 

The personal data we collect about you depends on the specific activities you carry out through our Website. We will collect and use the following personal data (hereinafter, your “Contact Data”):

  • Your first and last name, email address, and telephone number;
  • Your city, country of residence, and postal code;
  • Any additional information you voluntarily provide, including your specific reason for contacting us and any details shared in subsequent communications with us (such as preferences regarding property types, estimated budget, etc.).

If you do not provide the information we request when it is necessary, we may be unable to respond to your enquiries or provide the requested information effectively.

We collect and use this personal data for the purposes described in detail in the section titled “How and why we use your personal data” of this Privacy Policy. 

  1. How Your Personal Data is Collected 

We collect personal data from you directly, when you enter or send us information, such as when you register with us, contact us (including via email), send us messages or feedback via our Website.

In addition, as you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies. Please see our [Cookie Policy]([insert link to cookie policy]) for further details and how to change your preferences.

  1. How and Why We Use Your Personal Data 

Under data protection law, we can only use your personal data if we have a proper reason, e.g.:

  • where you have given consent
  • to comply with our legal and regulatory obligations
  • for the performance of a contract with you or to take steps at your request before entering into a contract, or
  • for our legitimate interests or those of a third party

A legitimate interest is when we have a business or commercial reason to use your personal data, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own. You can obtain details of this assessment by contacting us (see ‘How to contact us’ below).

The purposes for which we use your personal data, the lawful basis we rely on, and the type of information we use for that purpose are detailed in our internal Record of Processing Activities. Specific information regarding marketing activities is provided below.

(Note: We recommend detailing specific purposes, legal bases, and data categories in a table or linking to a comprehensive Record of Processing Activities, as suggested in the provided review document.)

4.1. Marketing and Commercial Communications 

At Montalban Mijas S.L., we would like to keep you informed about our properties, promotions, and news that may be of interest to you. To this end, and only where we have obtained your explicit consent, we will use your personal data in accordance with the following:

  1. Purposes of Processing for Marketing Purposes:
  • Sending Commercial Communications: We will send you updates and information about our current properties, future real estate developments by Montalban Mijas S.L. and, where applicable, by [NAME OF ASSOCIATED DEVELOPMENT COMPANY, IF APPLICABLE, OR SPECIFY TYPE OF COMPANY AND RELATIONSHIP], through the communication channels you have consented to (email, SMS, telephone, or postal mail).
  • Personalised Digital Advertising: We will use the information you provide to show you advertising tailored to your interests on digital platforms and social media networks. This may involve securely sharing (in encrypted form) certain contact details (such as your name and email address) with advertising networks and social media platforms such as Meta (Facebook, Instagram), Google, or Twitter. This sharing is carried out for the purpose of:
    • Displaying relevant advertisements for Montalban Mijas S.L. on such platforms;
    • Creating “lookalike audiences” to target our advertising to new users who may be interested in our properties.

Montalban Mijas S.L. instructs these platforms to use the data shared exclusively for the above-mentioned purposes and not for their own independent use. However, we do not control their internal processing, and you should review their respective privacy policies.

  1. Legal Basis for Processing:

The legal basis for processing your personal data for marketing purposes is your explicit consent, which you may give through the mechanisms available on our Website (for example, by ticking the relevant checkboxes on contact or registration forms). We recommend allowing users to grant consent selectively for different channels or purposes where feasible.

  1. Right to Withdraw Consent:

You have the right to withdraw your consent for the processing of your data for marketing purposes at any time, easily and free of charge. You may do so using any of the following methods:

  • By contacting us at the following email address: [insert privacy/marketing contact email];
  • By clicking the “Unsubscribe” (or similar) link included in our commercial emails;
  • By replying “STOP” (or equivalent) to our commercial SMS messages.

Withdrawing your consent does not affect the lawfulness of processing based on your consent before its withdrawal. 

  1. Digital Advertising Not Directly Managed by Us:

Please note that even if you withdraw your consent for us to use your data for personalised digital advertising, you may still see adverts from Montalban Mijas S.L. or group companies on digital platforms or social media.

This may occur if the platform independently selects you for ad targeting based on information they already hold about you (such as your age, location, or browsing history), without having received your data from Montalban Mijas S.L. for that specific campaign. You can manage the type of advertising you see by adjusting the privacy settings within each relevant social media platform or advertising network. 

  1. Updating Your Marketing Preferences:

We may ask you to confirm or update your marketing preferences in the future, especially if there are changes to the law, applicable regulations, or our corporate structure that affect how we process your data for marketing purposes. 

  1. Right to Object to Marketing:

In addition to your right to withdraw consent, we remind you that you have the right to object at any time to the processing of your personal data for direct marketing purposes. For more information on how to exercise this and other rights, please see the section “Your Rights” of this policy.

(Note: Detailed information regarding the categories of data processed, specific recipients, and any potential international data transfers related to marketing is included in our Record of Processing Activities.) 

  1. Who We Share Your Personal Data With

In order to carry out the purposes described in this Privacy Policy, Montalban Mijas S.L. may need to share your personal data with the following categories of recipients:

  • Service Providers: Entities that provide auxiliary services necessary for our operations (e.g., IT service providers for web hosting or email management, digital marketing agencies, market research and feedback analysis companies). These providers act as data processors under our instructions, and we have entered into appropriate data processing agreements with them to ensure the security and confidentiality of your data, as required under Article 28 GDPR.
  • Collaborating Agents and Property Promoters: With your prior and explicit consent, we may share your contact details with collaborating real estate agents or development companies [IF APPLICABLE, EXPLICITLY NAME THE ASSOCIATED DEVELOPMENT COMPANY OR CATEGORY] so they may provide you with information about properties or developments that may be of interest to you. If these parties act as independent data controllers, this sharing constitutes a disclosure and must be legally justified (e.g., your specific consent).
  • Professional Advisers: Our external advisers (legal, financial, accounting, etc.) may access your data when strictly necessary for the provision of their advisory services. These professionals are bound by strict confidentiality obligations.
  • Authorities and Public Bodies: We will disclose your personal data to courts, tribunals, law enforcement agencies, and other competent public authorities when legally required or when necessary for the establishment, exercise, or defence of legal claims. Such disclosures are carried out in compliance with Article 6(1)(c) GDPR.
  • Third Parties in the Context of Corporate Transactions: In the event of a merger, acquisition, asset sale, initial public offering or insolvency, your personal data may be shared with the entities involved (and their advisers), subject to strict confidentiality obligations. Whenever possible, such information will be shared in an aggregated or anonymised form. When not feasible, adequate safeguards must be ensured under Articles 5 and 32 GDPR.

Each category of recipient and the purposes of the data sharing, along with the lawful basis for each disclosure, are detailed in our internal Record of Processing Activities. 

  1. How Long We Keep Your Personal Data 

MONTALBAN MIJAS S.L. will retain your personal data only for as long as strictly necessary to fulfil the purposes for which it was collected, and to comply with our legal obligations.

Specific retention periods applicable to each data processing purpose are detailed in our Record of Processing Activities (or Processing Purposes Table). For example:

  • Managing Enquiries: For the time necessary to handle your enquiry, and subsequently for the duration of applicable statutory limitation periods.
  • Commercial Communications (with consent): Until you withdraw your consent or request erasure, unless we are required to retain it for longer for legal or regulatory reasons.
  • Cookies: As specified in our [Cookie Policy]([insert link to cookie policy]).

Once your personal data is no longer needed for the purposes described, or when you exercise your right to erasure (where applicable and where no overriding legal obligation exists), we will proceed with the secure deletion of your data or, where appropriate, its blocking. During the blocking period, your data will be made available solely to competent public authorities, courts or tribunals, strictly for the purpose of addressing any liabilities arising from the processing, and only for the duration of the applicable statutory limitation periods. After that time, your data will be permanently erased.

If you have requested to unsubscribe from our services or commercial communications (e.g. via an “unsubscribe” request), your data will be removed or deactivated from our active mailing databases as soon as reasonably possible, without prejudice to any legally required retention or blocking described above. 

  1. Transfers of Your Personal Data Outside the European Economic Area (EEA) 

Countries outside the European Economic Area (EEA) may not offer the same level of data protection as countries within the EEA.

In certain circumstances, it may be necessary for us to transfer your personal data to recipients located in countries outside the EEA. Where this is the case, we will ensure that such transfers comply with the provisions of Regulation (EU) 2016/679 (GDPR), Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), and other applicable regulations, by implementing appropriate safeguards to protect your personal data.

In accordance with applicable data protection legislation, we will only transfer your personal data outside the EEA if:

  • The recipient country has been deemed to provide an adequate level of data protection under an adequacy decision issued by the European Commission (pursuant to Article 45 GDPR); or
  • We have implemented appropriate safeguards, such as Standard Contractual Clauses (SCCs) approved by the European Commission (pursuant to Article 46 GDPR), along with enforceable rights and effective legal remedies for you as a data subject; or
  • A specific exception applies as provided under Article 49 GDPR, for example, if the transfer is necessary:
    • for the performance of a contract between you and Montalban Mijas S.L.;
    • for the implementation of pre-contractual measures taken at your request;
    • for the conclusion or performance of a contract in your interest between Montalban Mijas S.L. and a third party; or
    • if you have given your explicit consent to the transfer after being informed of the potential risks.

We generally rely on adequacy decisions or Standard Contractual Clauses for transfers outside the EEA (e.g., when using certain service providers like Meta, Google, Twitter, if their data processing involves transfers outside the EEA). Should we no longer be able or willing to rely on these mechanisms, we will not transfer your personal data to any country outside the EEA unless we can do so under an alternative legal basis or derogation, in accordance with data protection legislation, and we will update this policy accordingly.

To obtain more detailed information regarding any specific international data transfers, the recipients, and the safeguards we apply, you may consult our Record of Processing Activities or contact us via the details provided in the “How to Contact Us” section of this Privacy Policy.

  1. Your Rights 

You generally have the following rights, which you can usually exercise free of charge:

  • Access: The right to be provided with a copy of your personal data.
  • Rectification: The right to require us to correct any mistakes in your personal data.
  • Erasure (Right to be forgotten): The right to require us to delete your personal data—in certain situations.
  • Restriction of processing: The right to require us to restrict processing of your personal data—in certain circumstances, e.g. if you contest the accuracy of the data.
  • Data portability: The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations.
  • To object:
    • at any time to your personal data being processed for direct marketing (including profiling);
    • in certain other situations to our continued processing of your personal data, e.g. processing carried out for the purpose of our legitimate interests.
  • Not to be subject to automated individual decision-making: The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.

For further information on each of those rights, including the circumstances in which they do and do not apply, please contact us (see ‘How to contact us’ below).

If you would like to exercise any of those rights, please email, call or write to us—see below: ‘How to contact us’. When contacting us please:

  • provide enough information to identify yourself (e.g. your full name, address and any additional identity information we may reasonably request from you), and
  • let us know which right(s) you want to exercise and the information to which your request relates.

We will respond to your request within one month of receipt. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. We will inform you of any such extension within one month of receipt of the request, together with the reasons for the delay. 

  1. How to Complain

At Montalban Mijas S.L., we hope to resolve any query or concern you may raise about our use of your personal data. Please contact us using the details provided in the “How to Contact Us” section below.

However, you also have the right to lodge a complaint with the relevant data protection supervisory authority if you believe that the processing of your personal data infringes applicable law or if you are not satisfied with our response. In Spain, the relevant supervisory authority is the Agencia Española de Protección de Datos (AEPD).

For more information or to submit a complaint, you may visit the AEPD’s website: www.aepd.es. 

  1. Changes to This Privacy Policy

We may change this privacy policy from time to time—when we make significant changes we will take steps to inform you, for example by including a prominent link to a description of those changes on our Website for a reasonable period or by other means, such as email. We encourage you to review this policy periodically. 

  1. How to Contact Us

You may contact us by post, email, or telephone if you have any questions regarding this privacy policy, the personal data we hold about you, to exercise your rights under data protection law, or to submit a complaint.

Our contact details are:

  • Controller: Montalban Mijas S.L.
  • NIF: B19810522
  • Postal Address: Centro Comercial Sotomarket, Office 8, Urbanización Sotogrande, 11310, San Roque, Cádiz, Spain
  • Email: [insert appropriate privacy contact email]
  • Telephone: [insert telephone number if applicable]

[If applicable:

  • Data Protection Officer (DPO): [Name or external service provider]
  • DPO Email: [Insert DPO contact email] ]