Privacy policy

LEGAL NOTICE

In compliance with Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, we inform you that LUCAS TRADING, S.L., with registered address at C/ Serrano, 8, 28001 Madrid (Spain), and Tax Identification Number (CIF) B64125438, registered with the Barcelona Mercantile Registry, Volume 38,420, Folio 92, Sheet B-325727, is the owner of this website.

DATA CONTROLLER

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), users are informed that any personal data we may collect directly from the data subject will be processed in a confidential manner by Lucas Trading, S.L. (hereinafter, “DILS LUCAS FOX” or the Controller) and will be incorporated into the corresponding processing activity.

SCOPE OF APPLICATION AND EXTENT OF PROCESSING

This Privacy Policy governs the processing of personal data carried out by DILS LUCAS FOX in the context of its activities as an international real estate agency, including:

The management of clients, prospective clients, and website users
The provision of real estate brokerage services
The promotion of national and international real estate assets
Coordination with other companies within the corporate group to which it belongs

In particular, the activity of DILS LUCAS FOX focuses on residential real estate brokerage, including the purchase and sale, leasing, and advisory services to national and international clients, as well as the organisation of property viewings and coordination with owners, developers, collaborating agencies, and other parties involved in real estate transactions.

For these purposes, the processing may be carried out either directly by DILS LUCAS FOX or by other companies within its corporate group, depending on the specific operation of the requested service.

PURPOSE OF THE PROCESSING OF PERSONAL DATA

Personal data will be processed for the following purposes, separately and in accordance with the applicable legal basis in each case:

i. Management of enquiries, requests and contacts

To receive, process and manage any request, enquiry, incident or communication submitted by the user, including those made through web forms, email, telephone or other available contact channels. This processing is necessary in order to respond to the data subject’s request, maintain communication with them, and provide the requested information.

ii. Management of the pre-contractual and contractual relationship

To carry out the actions necessary for the provision of real estate services and the management of the pre-contractual or contractual relationship with the data subject, including, among others, brokerage in purchase and sale, leasing or real estate investment transactions, commercial advisory services, organisation of property viewings, document management, coordination with third parties involved in the transaction, monitoring of opportunities and transactions, as well as any actions related to the preparation, execution and development of the requested services.

Furthermore, in the context of providing international real estate services, information relating to properties managed by DILS LUCAS FOX, including their characteristics, images, approximate location and any other relevant commercial information, may be shared and disseminated among the different companies within the DILS group for the purpose of facilitating their marketing, promotion and potential brokerage by other offices or entities within the group, both at a national and international level. In all cases, such information shall be processed in a manner that does not allow the direct identification of the property owners, in accordance with the principles of data minimisation and confidentiality.

iii. Marketing and commercial communications

To send the data subject, by any means, including electronic means, commercial, promotional or informational communications relating to products, services, investment opportunities, real estate market updates, events, publications or content associated with both DILS LUCAS FOX and other companies within the Group. These communications may be tailored to the data subject’s profile and interests based on the information provided, their prior requests and their interaction with the company, in order to offer more relevant content.

This processing will be carried out:

On the basis of consent, where the data subject is a user or prospective client with no prior relationship.
On the basis of legitimate interest, where there is an existing contractual or pre-contractual relationship, for the purpose of sending communications regarding services similar to those previously requested.

The data subject may object at any time to the processing of their data for marketing purposes, as well as withdraw their consent, through the mechanisms provided for this purpose.

iv. Data sharing within the Group

In order to provide you with a comprehensive, coordinated service tailored to your needs, both in Spain and internationally, personal data may be disclosed to other offices, branches, subsidiaries and companies within the Group, as well as, where applicable, with collaborators within the DILS LUCAS FOX network or the corporate group to which it belongs, including where such entities are located outside the European Economic Area. Such disclosures may be carried out in order to offer real estate products and services tailored to the data subject’s profile, facilitate international investment opportunities, coordinate cross-border transactions, direct requests to the most appropriate office or entity, and ensure a consistent and efficient provision of services. In all cases, such disclosures will be carried out in compliance with applicable data protection regulations and, where appropriate, through the adoption of adequate safeguards for international data transfers.

Such disclosures will be based, as appropriate, on the performance of a contractual or pre-contractual relationship with the data subject, on the Controller’s legitimate interest in the coordinated management of its business activities, or, where required by law, on the data subject’s consent.

v. Service improvement, quality assurance and internal control

To carry out internal analyses, audits, quality controls, the preparation of aggregated statistics, satisfaction surveys, monitoring actions and continuous improvement of internal processes, as well as training, supervision and internal control activities.

vi. Use of artificial intelligence technologies

DILS LUCAS FOX may use artificial intelligence technologies, automated tools and algorithmic support systems in order to improve operational efficiency, optimise internal processes and enhance customer service. In particular, such tools may be used to manage enquiries, assist in drafting automated or semi-automated responses, classify requests, prioritise communications, personalise content and commercial proposals, and improve the user experience and the services provided. In all cases, these systems will act as support tools and will be subject to appropriate human oversight. No decisions producing legal effects on the data subject, or similarly significantly affecting them, will be based solely on automated processing without the appropriate human intervention, except where permitted by law. Furthermore, the use of these technologies will at all times comply with the principles of lawfulness, fairness, transparency, data minimisation, proportionality, security and confidentiality.

Furthermore, DILS LUCAS FOX declares that it has implemented the necessary technical and organisational measures to ensure a level of security appropriate to the risk, in accordance with the requirements of the GDPR and the LOPDGDD, in order to prevent the loss, alteration, improper processing, unauthorised access to, or theft of the personal data provided by users.

Additionally, data subjects may request further information regarding the general functioning of these systems and their impact on the processing of their data.

vii. Compliance with legal obligations regarding the prevention of money laundering and terrorist financing

DILS LUCAS FOX, as an obliged entity under Law 10/2010, will process personal data for the purpose of complying with legal obligations relating to the prevention of money laundering, including the formal identification of the client, verification of their identity, analysis of the origin of funds, assessment of the transaction risk and, where applicable, the reporting of transactions to the competent authorities.

This processing is based on compliance with a legal obligation and may involve the disclosure of data to SEPBLAC or other competent authorities.

Furthermore, the data will be retained for a period of ten (10) years, in accordance with the applicable regulations.

The exercise of certain rights may be restricted in the cases provided for by law.

viii. Use of instant messaging channels

DILS LUCAS FOX may communicate with data subjects through instant messaging applications (such as WhatsApp) for the purpose of managing enquiries, coordinating property viewings, carrying out commercial follow-up and facilitating the provision of real estate services.

The use of these channels will be voluntary and may involve international data transfers.

Data subjects are advised not to send particularly sensitive information through these means, and DILS LUCAS FOX may require the use of alternative, more secure channels where necessary. DILS LUCAS FOX may also establish internal protocols limiting the transmission of certain documentation through these channels where required to ensure the security of the information.

PRINCIPLES APPLICABLE TO THE DATA YOU PROVIDE

Principle of lawfulness, fairness and transparency: Personal data will be processed lawfully, fairly and in a transparent manner, informing the data subject clearly and in advance about the purposes of the processing and, where necessary, obtaining the data subject’s consent.
Purpose limitation: Data will be collected for specified, explicit and legitimate purposes and will not be further processed in a manner incompatible with those purposes.
Data minimisation principle: Only data that are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed will be processed.
Accuracy principle: Data will be accurate and, where necessary, kept up to date. Reasonable steps will be taken to ensure that inaccurate data are erased or rectified without delay.
Storage limitation principle: Data will be retained for no longer than is necessary for the purposes of the processing, without prejudice to their retention for the periods required by law.
Integrity and confidentiality principle: Data will be processed in a manner that ensures appropriate security, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, through the implementation of appropriate technical and organisational measures.
Accountability principle: DILS LUCAS FOX shall be responsible for compliance with the aforementioned principles and will implement the necessary measures to ensure and be able to demonstrate compliance with them.

Furthermore, DILS LUCAS FOX maintains an up-to-date Record of Processing Activities, in accordance with the applicable regulations.

LEGAL BASIS FOR PROCESSING

The processing of personal data by DILS LUCAS FOX is based on the following legal grounds, depending on the purpose:

Performance of a contract or pre-contractual measures, where processing is necessary for the provision of the requested services (including real estate brokerage, transaction management and customer support).
Legitimate interest, for the management and maintenance of the commercial relationship, handling of enquiries, service improvement, fraud prevention, and the sending of communications about similar services. Such legitimate interest has been duly assessed, ensuring that it does not override the fundamental rights and freedoms of the data subject, who may object to such processing at any time.
Consent of the data subject, given through a clear affirmative action, for specific purposes such as the sending of commercial communications, the use of cookies, handling requests, basic commercial profiling, and the disclosure of data to companies within the Group, including those located outside the European Economic Area.
Compliance with legal obligations, where processing is necessary to comply with applicable regulations, including those relating to the prevention of money laundering and terrorist financing.

Furthermore, DILS LUCAS FOX may use technological tools, including artificial intelligence systems, to improve customer service and personalise services, without making automated decisions with legal effects without the safeguards required by applicable regulations.

In the case of international data transfers, these will be carried out with appropriate safeguards in accordance with applicable regulations.

Where the user has not contracted services, the legal basis will primarily be consent; in the case of clients, it will also include the performance of a contract and legitimate interest.

The data subject may withdraw their consent at any time, without affecting the lawfulness of prior processing, and may request additional information regarding the applicable legal bases and processing activities.

DATA RETENTION PERIOD

Personal data will be retained for as long as necessary to fulfil the purpose for which they were collected and, where applicable, for the statutory limitation periods of any legal liabilities, as well as any other periods required under applicable regulations.

Furthermore, personal data may be retained for as long as there is a legitimate or mutual interest in maintaining the purpose of the processing and provided that the data subject does not request its erasure, unless retention is required by a legal obligation. Without prejudice to the foregoing, and unless a different retention period applies due to a legal obligation or the need to address potential liabilities, the following indicative periods apply:

Management of enquiries, requests and contacts: data will be retained for as long as necessary to respond to the request and, in any event, for a maximum period of twelve (12) months from the last interaction, unless a contractual or pre-contractual relationship arises from it.
Pre-contractual and contractual relationship: data will be retained for the duration of the relationship and, thereafter, for the periods required by law for compliance with legal obligations and for the establishment, exercise or defence of legal claims.
Marketing communications: data will be retained until the data subject withdraws their consent or objects to the processing.
Data sharing within the Group: data will be retained for as long as necessary for the purpose of service coordination and provided that the data subject has not requested its erasure.
Use of artificial intelligence technologies: data processed in the context of interactions with automated systems will be retained for a maximum period of twelve (12) months.
Recruitment processes: if the candidate is not selected, the data will be retained for a maximum period of twenty-four (24) months, unless the data subject authorises a longer retention period. In the event of hiring, the data will be retained for the duration of the employment relationship and thereafter for the periods required by law.
Security and internal control: data will be retained for as long as necessary to ensure system security and in accordance with the periods established by applicable law.
Anti-money laundering: data will be retained for a period of ten (10) years in accordance with applicable regulations.

In any event, once the aforementioned periods have elapsed, the data will be duly blocked and subsequently deleted or anonymised, in accordance with applicable regulations.

In the event of withdrawal of consent or the exercise of the rights of erasure or cancellation, the data will be blocked and retained solely at the disposal of the competent authorities for the legally established periods in order to address any potential liabilities arising from the processing.

DISCLOSURES AND RECIPIENTS OF PERSONAL DATA

All disclosures indicated below are necessary for the fulfilment of the purposes set out above or are carried out in compliance with a legal obligation. Personal data may be disclosed to:

DILS Group companies (https://dils.com/), so that we may include and offer real estate promotions across the Group.
Other branches, collaborating agencies or commercial partners, within the framework of shared or collaborative real estate transactions.
Public Administrations and the Courts of Justice.
IT service providers, including cloud computing services.
Notaries, land registrars, financial institutions, developers, property owners, collaborating agencies, and other parties necessary for the formalisation and execution of real estate transactions.

INTERNATIONAL DATA TRANSFERS

As a general rule, the processing of personal data is carried out by service providers located within the European Union or in countries that have been recognised as providing an adequate level of data protection in accordance with applicable regulations. In particular, such transfers may arise from the use of technological tools for customer management (CRM), marketing platforms, communication tools, as well as from coordination with other companies within the DILS Group located outside the European Economic Area.

However, in certain cases, for the purposes described above, DILS LUCAS FOX may engage service providers that access personal data from outside the European Economic Area, which may involve international data transfers. Such transfers will in all cases be carried out with appropriate safeguards, in accordance with applicable regulations, including, where appropriate, adequacy decisions adopted by the European Commission or the execution of standard contractual clauses approved by the European Commission, as well as other valid mechanisms that ensure a level of protection equivalent to that of the European Union. The data subject may request further information from the Controller. Furthermore, where necessary, transfer impact assessments will be carried out in relation to international data transfers in order to ensure an adequate level of protection.

DATA SUBJECT RIGHTS

Data subjects may exercise their rights of access, rectification, erasure and portability of their data, as well as the rights to restriction of processing and to object, and the right not to be subject to decisions based solely on automated processing of their data, in relation to DILS LUCAS FOX. Furthermore, data subjects may withdraw their consent at any time for specific purposes, without affecting the lawfulness of prior processing, and may modify their preferences. In particular, where processing is based on legitimate interest or is carried out for marketing purposes, the data subject has the right to object at any time.

A brief description of these rights is provided below:

Right of access: allows the data subject to know what personal data are being processed, for what purpose, their origin and, where applicable, the disclosures made or envisaged.
Right to rectification: allows the data subject to request the correction of inaccurate or incomplete data.
Right to erasure: allows the data subject to request the deletion of data when, among other reasons, they are no longer necessary for the purposes for which they were collected, without prejudice to any legal obligations requiring their retention.
Right to object: allows the data subject to object to the processing of their data in relation to any of the purposes for which they are processed, in particular where the processing is based on legitimate interest.
Right to restriction of processing: allows the data subject to request the restriction of the processing of their data where:
The accuracy of the data is contested
The processing is unlawful and the data subject opposes their erasure
The data are no longer necessary for the purposes of the processing, but the data subject requires them for the establishment, exercise or defence of legal claims
The right to object has been exercised and verification is pending
Right to data portability: allows the data subject to receive the personal data provided in a structured, commonly used and machine-readable format, and to transmit them to another controller where technically feasible.

The rights may be exercised by submitting a request to privacy@lucasfox.com or by post to C/ Serrano, 8 (Entrance via C/ Conde de Aranda 2), 28001 Madrid, Spain.

Furthermore, the data subject has the right to lodge a complaint with the Spanish Data Protection Agency (www.aepd.es), in particular where they consider that the processing of their data does not comply with the applicable regulations.

MINORS’ DATA

DILS LUCAS FOX will not collect or process personal data relating to children under the age of 14 without the prior consent of their parents, guardians or legal representatives, in accordance with the applicable data protection regulations.

Accordingly, where the data subject is under 14 years of age, the processing of their personal data will only be considered lawful if such consent has been given or authorised by the person holding parental authority or guardianship, and only to the extent that such consent has been provided.

DILS LUCAS FOX reserves the right to request the necessary documentation to verify the user’s age or the authenticity of the consent provided by their legal representatives.

PERSONAL DATA OF THIRD PARTIES

Where the user provides DILS LUCAS FOX with personal data relating to third parties, the user must ensure that such individuals have been informed in advance of the contents of this Privacy Policy and that their consent has been obtained where required for the disclosure of their data.

The user also guarantees that the data provided are accurate, truthful and up to date, and assumes responsibility for any direct or indirect damage that may arise from a breach of this obligation.

PROCESSING OF CURRICULUM VITAE

Personal data provided by candidates will be processed by DILS LUCAS FOX for the purpose of managing their application and participation in current or future recruitment processes.

The legal basis for processing is the implementation of pre-contractual measures at the request of the data subject and, where applicable, the data subject’s consent for the retention of their application for future recruitment processes.

Personal data may be disclosed to other companies within the Group or to recruitment service providers, acting as data processors, solely for the purpose of managing recruitment processes.

Data will be retained for a maximum period of 24 months, unless the candidate requests their erasure earlier or a different retention period applies in accordance with applicable regulations.

The candidate may exercise their data protection rights at any time, in accordance with the provisions set out in this Privacy Policy.

DILS LUCAS FOX reserves the right to modify this Privacy Policy in order to adapt it to legislative or case law developments, as well as to industry practices.

USERS WHO DO NOT AGREE WITH THIS POLICY SHOULD REFRAIN FROM SUBMITTING ANY DATA THROUGH THIS WEBSITE OR ACCESS ITS CONTENT.

TERMS OF USE OF THE WEBSITE

All content included on the website, including, by way of example and not limitation, texts, photographs, graphics, images, icons, technology, software, graphic design and source codes, is the property of DILS LUCAS FOX or, where applicable, of third parties. Access to the website does not grant users any rights of exploitation over such content. Accordingly, the reproduction, distribution, public communication, transformation or any other form of exploitation, whether in whole or in part, is expressly prohibited without the prior written authorisation of the rights holder.

DILS LUCAS FOX shall not be liable for third-party content that may be published on the website, provided that it has no actual knowledge that such content is unlawful or infringes the rights of third parties, or, if it becomes aware of this, acts diligently to remove it or disable access to it.

The user undertakes to make appropriate use of the website’s content and services in accordance with the law, good faith and public order, and, in particular, to refrain from using them for unlawful purposes or in a manner contrary to the rights and interests of third parties, from reproducing or exploiting the content without authorisation, and from causing damage to the physical or logical systems of DILS LUCAS FOX or of third parties.

The relationship between the user and DILS LUCAS FOX shall be governed by the applicable Spanish law. For the resolution of any disputes that may arise from access to or use of the website, the parties submit to the Courts and Tribunals of Madrid, unless mandatory consumer protection regulations provide for a different jurisdiction.