Privacy Policy
The protection of your personal data is a high priority for Phoenix Costa Invest, S.L. (hereinafter “Phoenix Costa”, “we”, “us”). This legal text gives details of how Phoenix Costa collects and processes personal data through the use of its website www.phoenixcosta.com including any information that is provided to us through the site when registering for our newsletter or providing details through the forms and media provided for this purpose.
Personal data that is collected and processed by Phoenix Costa will be treated confidentially in compliance with the corresponding legislation, especially in regard to the General Data Protection Regulation (GDPR). The GDPR does not cover the processing of personal data which concern legal persons and in particular undertakings established as legal persons, including the name, the form and the contact details of the legal person.
Data Controller
Responsible entity (Controller) for the data processing regulated in this Privacy Policy is:
Phoenix Costa Invest, S.L.
Kempinski Hotel Bahia (oficina Galeria 1)
Autovía del Mediterráneo, Km 1066,
29680 Estepona, Málaga
Phone: +34 689456544
Email: contact@phoenixcosta.com
Collection and processing of personal data
When visiting our website, subscribing to our newsletter and contacting us via the form provided
We only process personal data if the personal data is sent to us via the contact possibilities on our Phoenix Costa website or via subscribing to our newsletter. In this regard, personal data is only processed once explicit consent has been given to us for the processing of your data or if the processing is permitted by legal regulations.
In this context of your usage, we process the following personal data: The e-mail address, first name, surname and title. Additional data is only processed if it is provided by you (e.g. address, telephone number and property data).
In addition to the above mentioned:
When contacting us
On our website you will find data for contacting us in writing, by telephone or by e-mail. If you make use of this option, all personal data transmitted to us via this communication will be stored. In this context, no data will be passed on to third parties. The data will be used exclusively for the purpose of communicating with you.
When concluding contracts with us
When concluding contracts with us, we process all personal data required for the conclusion of the contract, its proper execution and legal processing.
In case of a purchase or a sale of real estate (if applicable): necessary bank details, identity details, copy of ID as well as land register, electricity, oil and/or gas bills, general itemised bills, declarations of partition, AGM minutes (resolutions) and/or purchase contract (in case of a sale of real estate).
Purpose and Legitimacy
We process your data for the following purposes:
- Fulfilment of contact requests (legal basis is your consent);
- Fulfilment of a pre-contractual relationship (legal basis is your consent to the establishment of the business relationship and/or contract negotiations);
- Fulfilment of concluded contracts (legal basis is the contract and your given consent);
- Sending out an e-mail newsletter containing our offers as well as self advertising (promotional information) to the extent permitted by law or based on the consent given (the legal basis is either your consent or our legitimate interest in direct marketing, as long as the marketing is carried out in compliance with data protection and competition law requirements).
The legal basis for the processing of personal data is Art. 6 Nr. 1 sentence 1 lit. a GDPR if the processing is based on consent, Art. 6 Nr. 1 sentence 1 lit. b GDPR if the basis of the processing is a contractual (or possibly pre-contractual) relationship and Art. 6 Nr. 1 sentence 1 lit. f GDPR if the basis is our legitimate interest. If the processing of personal data is necessary for the fulfilment of a legal obligation to which we are subject, Art. 6 Nr. 1 sentence 1 lit. c GDPR serves as the legal basis.
Recipients
No data will be passed on to third parties, unless we are legally obliged to do so, you have given us your explicit consent or it is necessary for the fulfilment of a concluded contract. No data will be transferred outside the EU.
Rights of the data subject
Individual right of objection
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Article 6 Nr. 1 sentence 1 lit. e GDPR (data processing in the public interest) and Article 6 Nr. 1 sentence 1 lit. f GDPR (data processing on the basis of a balancing of interests); this also applies to profiling based on this provision within the meaning of Article 4 (4) GDPR.
If you lodge an objection, we will no longer process your personal data, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the assertion, exercise or defence of legal claims.
Objection to the processing of your data for direct marketing purposes
In individual cases, we process your personal data for direct marketing purposes. You have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.
If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes.
The objection can be made informally and should preferably be addressed to
Phoenix Costa Invest, S.L.
Kempinski Hotel Bahia (oficina Galeria 1)
Autovía del Mediterráneo, Km 1066,
29680 Estepona, Málaga
Email: contact@phoenixcosta.com
If the processing of your personal data is based on your consent, you have the right to revoke your declaration of consent under data protection law at any time in accordance with Art. 7 Nr. 3 GDPR. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. Data that we need to assert, exercise or defend due to legal claims are also excluded from your right of deletion.
Additional Rights
In addition, as a data subject within the meaning of the GDPR, you have the following rights vis-à-vis the controller:
Right to information (Art. 15 GDPR)
You have the right to request information about your personal data processed by us. In particular, you can request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of appeal, the origin of your data if it was not collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information on its details.
Right to rectification (Art. 16 GDPR)
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must carry out the rectification without undue delay.
Right to erasure (“right to be forgotten”) (Art. 17 GDPR)
You have the right to request the erasure of your personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims.
Right to restriction of processing (Art. 18 GDPR)
You have the right to demand the restriction of the processing of your personal data if the accuracy of the data is disputed by you, the processing is unlawful but you refuse to delete it, we no longer need the data but you need it for the assertion, exercise or defence of legal claims, or you have lodged an objection to the processing in accordance with Art. 21 GDPR.
Right to data portability (Art. 20 GDPR)
You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request the transfer of your personal data stored by us to another controller.
Right to lodge a complaint with a supervisory authority (Art. 77 GDPR)
You have the right to lodge a complaint with a supervisory authority. In Spain, the national data protection authority is the Agencia Española de Protección de Datos (AEPD). This authority oversees the compliance with data protection laws and is responsible for examining complaints from citizens. Contact information for the AEPD:
Website: https://www.aepd.es
Address: Calle Jorge Juan, 6, 28001 Madrid, Spain
Phone: +34 901 100 099 / +34 912 663 517
Email: informacion@aepd.es
Storage and deletion of your data
We retain your personal data for the time necessary to achieve the purposes for which data is collected, including any retention period required by law (e.g. retention of accounting records).