Privacy policy

Privacy and the protection of personal data are essential to K LEVEL PROPIETATS. For this reason, personal data will be processed lawfully, fairly, transparently and in a manner appropriate to the purposes for which they were collected, in accordance with Andorran Qualified Law 29/2021 of 28 October on personal data protection, its Implementing Regulation and, where applicable in view of the territorial scope of the processing, Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), as well as any other applicable legislation.

The following information explains the processing of personal data that may be carried out through the website www.klevelpropietats.com and, where applicable, through the corporate profiles of K LEVEL PROPIETATS on social networks.

1. Data controller

K LEVEL PROPIETATS
NRT: F-327985-A
Carrer del Solà, edifici Prat de la Solana, bloc B, 1r 2a
AD200 Encamp
Principality of Andorra
Phone: (+376) 660 654
Email: level@klevelpropietats.com
Email for exercising rights: level@klevelpropietats.com

2. Purposes of processing and categories of data

K LEVEL PROPIETATS may process users’ personal data for the following purposes:

• Responding to enquiries and requests for information. Managing enquiries or requests made through the Website’s forms, by email or through other contact channels provided.
• Managing property-related requests. Responding to requests for information about properties, arranging viewings or meetings and sending the communications needed to manage the user’s interest in a specific property.
• Managing requests for property valuations and market studies. Responding to requests made by owners or other persons interested in the valuation of a property or in the preparation of studies relating to the real estate market.
• Managing owner acquisition. Assisting owners interested in selling or letting their properties and carrying out the preliminary steps needed to assess the possible provision of the corresponding real estate services.
• Assisting buyers and investors. Managing requests made by persons interested in acquiring properties or in learning about real estate investment opportunities.
• Managing requests relating to off-market properties. Managing requests for information about, or access to, properties marketed on a restricted or off-market basis and, where applicable, taking the steps needed to assess or manage the interested person’s access to listings of this kind.
• Responding to enquiries about real estate services and owners’ association management. Managing enquiries about the real estate, advisory or owners’ association management services offered by K LEVEL PROPIETATS.
• Managing commercial communications. Sending, when the user has requested it, commercial information about properties, news, services, content and other communications relating to K LEVEL PROPIETATS.
• Managing interactions through social networks. Responding to messages, comments, mentions, enquiries or other interactions made by users through the corporate profiles of K LEVEL PROPIETATS.
• Complying with legal obligations and handling any claims. Processing data when necessary to comply with legal obligations incumbent on K LEVEL PROPIETATS or to establish, exercise or defend claims.
• Managing K LEVEL Partner in Climb. Managing requests from persons interested in taking part in K LEVEL Partner in Climb, assessing and managing possible collaboration or referral relationships and sending the necessary communications relating to this purpose.
• Managing contacts referred by Partners. Receiving contact details of potential owners, buyers or investors provided by members of K LEVEL Partner in Climb or other referrers who state that they have the data subject’s authorisation, and contacting the data subject to follow up on the real estate interest communicated.

Categories of data

Depending on the form, service or interaction used, the following categories of data may be processed:

• identification data
• contact data
• data relating to the property about which information or a service is requested
• information relating to the user’s real estate needs, preferences or interests
• information provided voluntarily through text fields or in communications with K LEVEL PROPIETATS
• where applicable, professional data or data relating to the representation of a legal entity
• data arising from interactions through social networks
• data relating to the application for, or participation in, K LEVEL Partner in Climb
• data relating to the source of the contact or the referral provided by a Partner or referrer.

As a general rule, K LEVEL PROPIETATS does not request special categories of personal data through the Website’s forms. Users are advised not to provide sensitive information or data that are not necessary to manage their request.

Source of the data

Personal data may be obtained directly from the data subject through the Website’s forms, by email, through social networks or through other contact channels. They may also be provided by members of K LEVEL Partner in Climb or other referrers when they state that they have informed the data subject and have their authorisation to disclose the data to K LEVEL PROPIETATS for the purpose of putting the data subject in contact with the agency.

When the data have not been obtained directly from the data subject, K LEVEL PROPIETATS will provide the data subject with the information required by data protection law regarding the processing of their data, including its source, at the latest at the time of the first communication with them and, in any event, within the legally applicable period. The person or Partner who provides third-party data must ensure that the data disclosed are adequate, relevant and limited to what is necessary for the stated purpose.

3. Legal basis for processing

The legal basis for processing personal data will depend on the specific purpose for which they are processed:

• Management of enquiries, requests for information about properties, viewings or meetings, property valuations, owner acquisition, requests from buyers or investors, access to off-market properties and enquiries about real estate or owners’ association management services. Processing is based on the application of pre-contractual measures taken at the data subject’s request and, where a contractual relationship exists, on the performance of the contract, in accordance with Article 6(1)(b) of Andorran Qualified Law 29/2021 of 28 October on personal data protection.
• General enquiries that are not contractual or pre-contractual in nature. Processing may be based on the legitimate interest of K LEVEL PROPIETATS in responding to and managing communications and enquiries relating to its professional activity, provided that this interest is not overridden by the interests, rights or fundamental freedoms of the data subject.
• Sending commercial communications, news, information about properties and other content from K LEVEL PROPIETATS. Processing is based on the consent of the data subject, freely given, specific, informed and unambiguous, expressed through the mechanisms provided for this purpose.
• Management of interactions through the corporate profiles of K LEVEL PROPIETATS on social networks. Depending on the nature of the interaction, processing will be based on the legitimate interest of K LEVEL PROPIETATS in managing its professional presence on social networks and responding to communications initiated by users or, when the purpose of the interaction is to request a service, on the application of pre-contractual measures at the data subject’s request.
• Management of requests to take part in K LEVEL Partner in Climb. Processing is based on the application of pre-contractual measures taken at the data subject’s request and, when a collaboration relationship is formalised, on the performance of the corresponding contractual relationship.
• Management of contacts referred by Partners. The initial processing is based on the data subject’s consent to the disclosure of their data to K LEVEL PROPIETATS and to being contacted by the agency, which consent must have been obtained by the Partner or referrer. If the data subject subsequently requests information or a service, processing may be based on the application of pre-contractual measures at their request.
• Technical operation, security, embedded content and analytics of the Website. Processing that is strictly necessary for the operation and security of the Website and for providing features requested by the user may be based on the legitimate interest of K LEVEL PROPIETATS in maintaining a functional and secure Website. Processing for analytics or for other non-essential features that require consent will only be activated once the data subject has given consent through the mechanisms provided on the Website.
• Compliance with legal obligations. When processing is necessary to comply with a legal obligation applicable to K LEVEL PROPIETATS, the legal basis will be compliance with that legal obligation, in accordance with Article 6(1)(c) of the LQPD.
• Establishment, exercise or defence of claims. Processing may be based on the legitimate interest of K LEVEL PROPIETATS in defending its rights and legitimate interests, provided that this interest is not overridden by the rights and freedoms of the data subject.

When processing is based on consent, the data subject may withdraw it at any time, without such withdrawal affecting the lawfulness of processing carried out before it.

Data marked as mandatory on the forms are necessary to respond to the data subject’s request or to manage the corresponding pre-contractual or contractual steps. Failure to provide these data may mean that K LEVEL PROPIETATS cannot properly manage the request or provide the service requested.

Providing data for the sending of commercial communications is voluntary, and refusing to give consent for this purpose will not affect the possibility of requesting information or engaging the services of K LEVEL PROPIETATS.

4. Retention of personal data

K LEVEL PROPIETATS will keep personal data for as long as necessary to fulfil the purpose for which they were collected. In particular:

• data relating to enquiries or requests for information will be kept for as long as necessary to respond to them and to deal with any liabilities that may arise from them
• when the enquiry gives rise to a contractual or professional relationship, the data will be included in the corresponding documentation and kept for the duration of the relationship and, thereafter, for the legally applicable periods
• data processed for sending commercial communications will be kept for as long as the data subject does not withdraw their consent or ask to stop receiving them
• data necessary to comply with legal obligations or to establish, exercise or defend claims will be kept for the legally required periods
• data of persons who request to take part in Partner in Climb will be kept for as long as necessary to assess and manage the request and, if a collaboration relationship is formalised, for the duration of that relationship and, thereafter, for the legally applicable periods
• data of persons referred by Partners will be kept for as long as necessary to make contact and manage the interest communicated. If the person states that they do not wish to continue the communication, or there is no purpose that justifies keeping the data, the data will no longer be processed for this purpose, without prejudice to any blocking or retention that is legally required to address possible liabilities
• technical data and data on use of the Website will be kept for the periods necessary for each purpose and, when they derive from cookies or similar technologies, in accordance with the periods indicated in the Cookie policy and the actual configuration of the services used.

When data must be kept after ordinary processing has ended in order to address possible liabilities or legal obligations, they will be kept blocked or subject to restricted access on the applicable terms.

Once the applicable periods have expired, the data will be securely deleted.

5. Recipients, processors and international transfers

Personal data will not be disclosed to third parties unless such disclosure is necessary to manage the service requested, there is a legal obligation, it is necessary to establish, exercise or defend claims, or another legal basis applies that permits the disclosure.

When necessary to manage a shared real estate transaction, personal data may be disclosed to other real estate companies or professionals involved in the transaction, limiting the disclosure to the data strictly necessary to coordinate and manage it. When there is a firm offer and it is necessary to prepare or formalise a deposit agreement (arres) or other contractual documentation, the data may also be disclosed to the owner or to the other parties who must take part in formalising the transaction.

K LEVEL PROPIETATS may use service providers that need access to certain personal data in order to provide services necessary for its business operations. When these providers act as data processors, the processing will be governed by the corresponding contract or other legal act, in accordance with the applicable law.

The providers that may be involved in delivering the services linked to the Website and to the activity of K LEVEL PROPIETATS include Vercel for web hosting, Resend for sending the emails generated by the forms, Zoho Mail for email, Google Analytics for analytics, eGO Real Estate for CRM, the publication or synchronisation of property listings and image hosting, OpenFreeMap for displaying maps, Meta for channels such as WhatsApp and Instagram and, when the user activates this content, YouTube, Vimeo or Matterport for videos and virtual tours. The legal role of each provider will depend on the specific service and its configuration; when a provider acts on behalf of K LEVEL PROPIETATS as a data processor, the safeguards required by law will apply.

When the browser requests resources or content hosted by third parties, these providers may receive technical data necessary to provide the service, such as the IP address, browser or device information and other connection data. Third-party video or virtual tour content will only be loaded when the user activates it, without prejudice to the information and consent required under the Cookie policy.

Personal data may also be disclosed to public administrative bodies, authorities, courts or other competent bodies when such disclosure is necessary to comply with a legal obligation or a lawful request.

International data transfers

The use of certain technology providers may mean that personal data are processed in, or accessible from, outside the Principality of Andorra. When the transfer is to a Member State of the European Union or another territory that offers an adequate level of protection, it will be carried out on the basis of that adequate level of protection.

When a transfer is to a country that does not offer an adequate level of protection, K LEVEL PROPIETATS will only carry it out where there are appropriate safeguards or another valid basis provided for by Law 29/2021, its Implementing Regulation and, where applicable, the GDPR.

The data subject may request additional information about international transfers and the applicable safeguards by writing to level@klevelpropietats.com.

6. Automated decisions and profiling

K LEVEL PROPIETATS does not take decisions based solely on automated processing that produce legal effects concerning data subjects or similarly significantly affect them.

7. Rights of data subjects

In accordance with Andorran Qualified Law 29/2021 of 28 October on personal data protection and, where applicable, the GDPR, data subjects may exercise, where appropriate, the following rights:

• access - to find out which of their personal data are being processed
• rectification - to request the correction of inaccurate or incomplete data
• erasure - to request the deletion of the data when the legally established requirements are met
• objection - to object to certain processing
• restriction of processing, in the cases provided for by law
• portability, where applicable
• withdrawal of consent, at any time, in respect of processing based on this legal basis, without the withdrawal affecting the lawfulness of prior processing
• not to be subject, where applicable, to decisions based solely on automated processing that produce legal effects or significantly affect the person.

To exercise these rights, the data subject may send their request to: level@klevelpropietats.com.

K LEVEL PROPIETATS may request additional information only when there are reasonable doubts about the identity of the person exercising the right, in order to confirm their identity.

A data subject who considers that their rights have been infringed may lodge a complaint with the Andorran Data Protection Agency (APDA) and, where the GDPR applies, with the competent supervisory authority.

8. Processing of minors’ data

The Website and the services of K LEVEL PROPIETATS are not specifically aimed at minors. K LEVEL PROPIETATS does not knowingly request personal data from minors through the Website’s forms. When, under the applicable law, the processing of a minor’s data requires the consent or authorisation of their legal representative, such consent or authorisation must be obtained before the processing is carried out. If K LEVEL PROPIETATS becomes aware that it has collected data from a minor without the necessary legal basis, it will take the appropriate measures to stop processing them and, where appropriate, to delete them.

9. Security and confidentiality

K LEVEL PROPIETATS will process personal data under a duty of confidentiality and will adopt appropriate technical and organisational measures, taking into account the nature, scope, context and purposes of the processing and the risks to the rights and freedoms of individuals, in order to preserve the confidentiality, integrity and availability of the data and to prevent unauthorised access, alteration, loss, destruction or processing.

10. Changes to the privacy policy

K LEVEL PROPIETATS may update this Privacy policy when necessary as a result of regulatory changes, changes in the processing of personal data, the addition of new services or technical changes to the Website.

Where the changes are material to data subjects, the corresponding information will be provided through appropriate means.

When a new purpose or a change in processing requires the data subject’s consent, that consent will be requested before the new processing begins.