Name and contact of the responsible person according to article 4 paragraph 7 DSGVO
DINU LIVING – Marbella Real Estate
Bianca Elena Dinu
Paseo de Guatemala 16
Phone:+34 951 566 092
Mobile:+34 672 268 892
Represented by the managing director:
Bianca Elena Dinu
Security and protection of your personal data
We consider it our primary responsibility to maintain the confidentiality of the personal information you provide and to protect it from unauthorized access. Therefore, we apply the utmost care and state-of-the-art security standards to ensure maximum protection of your personal data.
As a company under private law, we are subject to the provisions of the European Basic Data Protection Regulation (DSGVO) and the regulations of the Federal Data Protection Act (BDSG). We have taken technical and organizational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.
1. personal data
«personal data» shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as «data subject»); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, a location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
«Processing» means any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction
3. restriction of processing
«Restriction of processing» means the marking of stored personal data with the aim of restricting their future processing.
«profiling» means any automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analysing or predicting aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or movement of that natural person
«Pseudonymisation» means the processing of personal data in such a way that the personal data cannot be attributed to a specific data subject without the inclusion of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data cannot be attributed to an identified or identifiable natural person.
6. file system
«Filing system» means any structured collection of personal data accessible according to specific criteria, whether centralized, decentralized or organized according to functional or geographical criteria.
7. responsible person
«controller’ shall mean any natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or national law, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union or national law
«processor» means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
«recipient» means any natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party However, public authorities which may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients; the processing of such data by those authorities shall be carried out in accordance with the applicable data protection rules and in accordance with the purposes of the processing.
10. third parties
«third party» means any natural or legal person, public authority, agency or any other body, other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data
The data subject’s «consent» shall mean any freely given specific, informed and unequivocal expression of his or her wishes in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
Lawfulness of the processing
The processing of personal data is only lawful if there is a legal basis for the processing. Pursuant to Article 6 paragraph 1 letters a – f DSGVO, the legal basis for processing may be, in particular
- The data subject has given his or her consent to the processing of personal data concerning him or her for one or more specific purposes;
- the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the request of the data subject;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- processing is necessary to protect the vital interests of the data subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority ested in the controller;
- processing is necessary to protect the legitimate interests of the controller or of a third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.
Information on the collection of personal data
(1) In the following, we provide information about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behavior.
(2) If you contact us by e-mail or via a contact form, the data you provide (your e-mail address, your name, address and telephone number, if applicable) will be stored by us in order to answer your questions. We delete the data arising in this connection after storage is no longer necessary, or processing is restricted if there are legal obligations to retain data.
Collection of personal data when visiting our website
If you use the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser sends to our server. If you would like to view our website, we collect the following data, which is technically necessary for us to display our website and to ensure its stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DSGVO)
- IP address
- Date and time of the request
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the request (concrete page)
- Access Status/HTTP Status Code
- Amount of data transferred in each case
- Website from which the request comes
- Operating system and its interface
- Language and version of the browser software.
(1) In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive in accordance with the browser you are using and through which certain information flows to the site that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer. They are used to make the website more user-friendly and effective overall.
(2) This website uses the following types of cookies, the scope and function of which are explained below:
- Transient cookies (see a.)
- Persistent cookies (see b.).
- Transient cookies are automatically deleted when you close the browser. This includes in particular session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the shared session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
- Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
- You can configure your browser settings according to your wishes and e.g. refuse to accept third-party cookies or all cookies. So-called «third party cookies» are cookies that were set by a third party and therefore not by the actual website on which you are currently located. We would like to point out that by deactivating cookies you may not be able to use all functions of this website.
Further functions and offers of our website
(1) In addition to the purely informative use of our website, we offer various services which you can use if you are interested. For this purpose, you will generally have to provide additional personal data which we use to provide the respective service and to which the aforementioned data processing principles apply.
(2) In some cases we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are checked regularly.
(3) Furthermore, we may pass on your personal data to third parties if we offer campaigns, competitions, the conclusion of contracts or similar services together with partners. You will receive more detailed information on this when you provide your personal data or in the description of the offer below.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer.
Our offer is basically aimed at adults. Persons under 18 years of age should not transmit personal data to us without the consent of their parents or legal guardians.
Rights of the person concerned
(1) Revocation of consent
If the processing of personal data is based on a granted consent, you have the right to revoke this consent at any time. Revocation of consent does not affect the lawfulness of the processing that has taken place on the basis of the consent until revocation.
You can contact us at any time to exercise your right of revocation.
(2) Right to confirmation
You have the right to request confirmation from the data controller as to whether we are processing personal data concerning you. You can request such confirmation at any time by contacting us at the contact details given above.
(3) Right to information
If personal data is processed, you can request information about this personal data and about the following information at any time:
- the processing purposes;
- the categories of personal data that are processed;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations;
- if possible, the envisaged duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
- the existence of a right of rectification or erasure of personal data concerning you or of a right of opposition to or limitation of the processing by the controller;
- the existence of a right of appeal to a supervisory authority;
- if the personal data are not collected from the data subject, all available information on the origin of the data;
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) FADP, and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject.
If personal data are transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 FADP in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. We may charge a reasonable fee for any further copies you request of personal data on the basis of the administrative costs. If you make the request electronically, the information must be provided in a standard electronic format, unless the request states otherwise. The right to receive a copy in accordance with paragraph 3 shall not prejudice the rights and freedoms of other persons.
(4) Right to correction
You have the right to demand that we correct any incorrect personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data, also by means of a supplementary declaration.
(5) Right to deletion («Right to be forgotten»)
You have the right to demand that the person responsible for the data be immediately deleted, and we are obliged to delete personal data immediately if one of the following reasons applies:
- The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
- The data subject withdraws the consent on which the processing was based pursuant to Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a FADP and there is no other legal basis for the processing.
- The data subject lodges an objection to the processing pursuant to Article 21 paragraph 1 FADP and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing pursuant to Article 21 paragraph 2 FADP.
- The personal data were processed unlawfully.
- The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Article 8 paragraph 1 DSGVO.
If the controller has made the personal data public and is obliged to delete it pursuant to paragraph 1, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that a data subject has requested that all links to such personal data or copies or replications of such personal data be deleted.
The right of cancellation («right to be forgotten») does not apply insofar as the processing is necessary:
- to exercise the right to freedom of expression and information;
- to comply with a legal obligation to which the processing relates under Union or national law to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest relating to public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the DPA;
- for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Article 89 paragraph 1 FADP, insofar as the right referred to in paragraph 1 is likely to make the attainment of the objectives of such processing impossible or seriously hamper it, or
- to assert, exercise or defend legal claims.
(6) Right to restrict processing
You have the right to ask us to limit the processing of your personal data if one of the following conditions is met:
- the accuracy of the personal data is disputed by the data subject, for a period of time which allows the controller to verify the accuracy of the personal data
- the processing is unlawful and the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data
- the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to exercise or defend his rights; or
- the data subject has lodged an objection to the processing pursuant to Article 21 paragraph 1 FADP, as long as it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If processing has been restricted in accordance with the above conditions, such personal data – apart from being stored – shall be processed only with the consent of the data subject or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or of a Member State.
In order to exercise the right to limit the processing, the data subject may at any time contact us at the contact details given above.
(7) Right to data transferability
You have the right to receive the personal data concerning you that you have provided us in a structured, common and machine-readable format and you have the right to transfer this data to another person in charge without interference from the person in charge to whom the personal data was provided, provided that:
the processing is based on a consent pursuant to Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a or on a contract pursuant to Article 6 paragraph 1 letter b DPA, and the processing is carried out using automated procedures.
When exercising the right to transfer data in accordance with paragraph 1, you have the right to obtain that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible. Exercising the right to data transferability does not affect the right to deletion («right to be forgotten»). This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you that is carried out on the basis of Article 6 paragraph 1 letters e or f FADP, including profiling based on these provisions. The controller no longer processes the personal data unless he can demonstrate compelling reasons for processing that are worthy of protection, which outweigh the interests, rights and freedoms of the data subject, or unless the processing serves to assert, exercise or defend legal claims.
Where personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data relating to you for the purpose of such marketing, including profiling, where it is linked to such direct marketing. If you object to processing for the purposes of direct marketing, your personal data will no longer be processed for those purposes.
In connection with the use of information society services, you may exercise your right to object by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you for the purposes of scientific or historical research or for statistical purposes, as referred to in Article 89(1), except where such processing is necessary for the performance of a task carried out in the public interest.
You may exercise your right of objection at any time by contacting the data controller concerned.
(9) Automated decisions in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing – including profiling – which has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision:
- is necessary for the conclusion or performance of a contract between the data subject and the controller
- is authorised by Union or national legislation to which the controller is subject and that legislation provides for adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or
- with the express consent of the person concerned.
The controller shall take reasonable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which shall include at least the right to obtain the intervention of a person from the controller, to express his point of view and to challenge the decision.
The data subject may exercise this right at any time by contacting the data controller.
(10) Right to appeal to a supervisory authority
They shall also have, without prejudice to any other administrative or judicial remedy, the right to complain to a supervisory authority, in particular in the Member State in which they are resident, in their place of employment or in the place where the alleged infringement occurred, if the data subject considers that the processing of personal data relating to him or her is being carried out in breach of this Regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or extrajudicial remedy, including the right to appeal to a supervisory authority pursuant to Article 77 of the DPA, they shall have the right to an effective judicial remedy if they consider that their rights under this Regulation have been infringed as a result of their personal data being processed in breach of this Regulation.
Integration of Google Maps
(1) On this website we use the offer of Google Maps. This allows us to display interactive maps directly on the website and enables you to use the map function conveniently.
(2) By visiting the website, Google receives the information that you have called up the corresponding subpage of our website. In addition, the data mentioned under § 3 of this declaration is transmitted. This occurs regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you do not want the assignment with your profile at Google, you have to log out before activating the button. Google stores your data as user profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide need-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.
We use external service providers (order processors) e.g. for the dispatch of goods, newsletters or payment processing. A separate order data processing agreement has been concluded with the service provider to ensure the protection of your personal data.
We work together with the following service providers:
- janssen-media, Christoph Janssen
- ReSales Online