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Terms and Conditions

Website Usage

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern ReSales Andalucia SL’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term‘ReSales Online’ or‘ReSales Andalucia SL’ or‘us’ or‘we’ refers to the owner of the website with offices at Centro Comercial Guadalmina 4, Edificio 2, Local 86, San Pedro de Alcantara, Málaga 29670 Spain, CIF number B92950096. The term‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
  1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  4. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following information may be stored by us: page visits.
  5. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  6. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  7. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  8. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  9. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Spain.

Software Licencing Agreement

This licence agreement is a legal agreement between you, hereinafter the MEMBER AGENT, and ReSales Andalucia S.L. at Centro Comercial Guadalmina 4, Edificio 2, Local 86, San Pedro de Alcantara, Málaga 29670 Spain, CIF number B92950096, hereinafter RESALES ANDALUCIA, for use of the ReSales Online web-based software service, hereinafter RESALES-ONLINE.
Both parties recognise themselves and each other capable and with authority to issue and execute this agreement.
When signing up for and while using RESALES-ONLINE, the MEMBER AGENT agrees to comply with and be bound by the following Terms & Conditions together with any other documents referred to therein. If you do not agree to these Terms & Conditions, you must not use RESALES-ONLINE and in this case we are unwilling to license RESALES-ONLINE and will withhold access.
RESALES ANDALUCIA reserves the right to amend these Terms & Conditions from time to time. Any changes will be posted on this website and in a What’s New message on RESALES-ONLINE. Your continued use of RESALES-ONLINE after posting will constitute your acceptance of, and agreement to, any changes. Specific additional services that we may offer, or make available to you, may also be governed by additional or alternative terms and conditions.

SOFTWARE

  1. The purpose of RESALES-ONLINE, a product created by RESALES ANDALUCIA, is to allow the MEMBER AGENT to list, search for, promote and sell properties through use of the RESALES-ONLINE property sharing database, either on their own or in collaboration with other member agents.
  2. RESALES-ONLINE will only be used for the purposes as described above, any other use of RESALES-ONLINE will be deemed a breach of this agreement.
  3. Access to RESALES-ONLINE will be withdrawn immediately upon termination of this agreement irrespective of the cause of termination.
  4. RESALES ANDALUCIA is released from all liability in the case of system or access problems. However, we will take all steps and do our best to provide a running system for you.
  5. User actions in RESALES-ONLINE will be logged. 
  6. The MEMBER AGENT authorises the production and use of these user action logs as needed for the normal running of our business, or in the case of any dispute.
  7. The MEMBER AGENT agrees to not use any external software to access Resales Online data.

ACCOUNT REQUIREMENTS

  1. A RESALES-ONLINE account holder must be an estate agent.They can be either a company or sole-trader, with their main agency business being conducted in Spain.
  2. The MEMBER AGENT agrees that they may be required to show proof that they are correctly registered with the Tax Department or Social Security to work as an estate agent. 
  3. MEMBER AGENTS must provide a corporate email address with a domain name that matches the public trading name provided. Free email address such as Gmail, Hotmail, Yahoo, etc will not be accepted.

NETWORK ACCOUNT

  1. A Network Account is a paid subscription account that provides full access to RESALES-ONLINE and allows the MEMBER AGENT to manage their own properties, clients and daily tasks, upload eligible properties to the PropExtra portal, view other member agent’s properties on the shared database, and network with the member agents. 
  2. A MEMBER AGENT with a Network Account can downgrade at any time to a free Standalone Account.
  3. Click here to see a full list of Network Account features

STANDALONE ACCOUNT

  1. A Standalone Account is a free account that provides a“no networking” access to RESALES-ONLINE and allows the MEMBER AGENT to manage their own properties, clients, daily tasks, and upload eligible properties to the PropExtra portal.
  2. A MEMBER AGENT on a free Standalone Account can upgrade to aNetwork Account at any time.
  3. Click here to see a full list of Standalone Account features

SUB-OFFICE ACCOUNTS

  1. An Account holder(Network or Standalone) can open a Sub-Office Account which will be linked to their main account in the case that they have more than one office for the same business:
    1. The sub-office account name must be the same as the main office name plus a location, or number, eg:“My Real Estate– Marbella”, or“My Real Estate– office 3”.
    2. The sub-office must display the same logo and website as the main office.
    3. Fees for the sub-office will be added to the main account invoice.
    4. A Sub-Office subscription will be charged on the basis of the number of user licences on the account, the minimum charge for a sub-office will be the price of 1 user licence.

USER ACCESS

  1. MEMBER AGENTS hold the sole responsibility for granting, restricting, or cancelling user access to their RESALES-ONLINE company account.
  2. MEMBER AGENTS will only grant access to RESALES-ONLINE to persons directly employed by their company.
  3. MEMBER AGENTS and their staff are individually and solely responsible for preserving the secrecy of their user account login details.
  4. For user security, user account passwords are NOT stored or retained by RESALES ANDALUCIA. In the case of loss of login details, passwords cannot be retrieved and the user must utilise the[Reset Password] link on the RESALES-ONLINE login page to reset a new password to gain access.
  5. A password reset link will only be sent to the email address registered on the user account.
  6. The MEMBER AGENT excludes RESALES ANDALUCIA from any liability relating to unauthorized access to RESALES-ONLINE.
  7. RESALES ANDALUCIA strongly stresses the importance of the MEMBER AGENT’S responsibility to protect their data by immediately deleting or deactivating a user account should a staff member leave their employ.
  8. RESALES ANDALUCIA recommends a company reset of all user account passwords in the case of a staff member leaving the company.Click here for instructions on how to reset all company passwords.

Terms and Conditions of Usage

THE MEMBER AGENT agrees to adhere to the following Terms & Conditions:

PLEASE NOTE

  1. A buse s of the Terms & Conditions or breaches of the S oftware L icensing A greement will often lead to the MEMBER AGENT’S removal from the Network and their account downgraded to Standalone.
  2. Until the release of Phase 3 of the New Sharing Rules, properties will be shared on the database with other agents based on the current rule of“first to list on RESALES-ONLINE” will have the right to share the property.Click here for information on Phase 3 of the New Sharing Rules.
  3. Only Network Account members can share their properties with other agents.

LISTING CONTENT

  1. All of your Properties.(Your shared properties and non-shared properties)
    1. The MEMBER AGENT is responsible for the content and accuracy of their own property listings on RESALES-ONLINE and exempts RESALES ANDALUCIA from any liability arising as a consequence of inaccurate listing content.
    2. It is prohibited to copy property descriptions from other agent’s listings.
  2. Your shared Properties.
    1. Property listings will not contain false information(e.g. false photos, prices, property sizes, descriptions, features, or address).
    2. Properties must contain the correct cadastral reference number for the actual property for sale. 
    3. Property descriptions cannot contain any of the following:
      1. Information identifying the listing agency or property owner, eg: Company names, contact names, telephone numbers, websites or other identifying details.
      2. Property street name, urbanisation, complex or building names, eg: any information that can easily lead a 3rd party to go direct to the property. RESALES ANDALUCIA retains the right to use its discretion to accept or not accept a property description.
      3. Links to videos.
    4. Property information will be kept up-to-date.
    5. Properties submitted for sharing must be listed directly from the property owner and not a 3rd party agent or intermediary, with the exception of:
      1. Bank Repossessions: Click here for more information on listing Bank Repossession properties
      2. New Developments: Click here for more information on listing New Development properties
    6. Properties from a 3rd party agent or intermediary must be set as Not Shared and will be available only to the listing agent.

PROPERTY PHOTOGRAPHS

  1. A property listing must contain a minimum of one internal photograph of the listed property. Although we recommend taking as many different photos as possible and at least 1 photo per room, terrace, storage, garden, pool and parking for the property.
  2. Photographs uploaded to a property listing should be those taken by the listing agent or their staff or provided to the listing agent directly by the property owner.
  3. It is prohibited to copy photographs from other agent’s listings.
  4. Photographs cannot contain any of the following:
    1. Watermarks(eg: company name, logos, name, initials, phone number, website, etc.), other than the ReSales Online watermark(see point 5 below).
    2. For Sale sign.
    3. Images of company cars.
    4. Any information identifying the listing agency or property owner.
  5. MEMBER AGENTS wishing to protect their photographs can secure their images with our system generated watermarks, by enabling“add watermarks to my images” in their Company Settings on their account.
  6. Click here to see how to enable or disable the Watermark function on your photographs
  7. Complaints regarding copied photos can only be investigated if the watermark setting was activated on the property concerned.

PROPEXTRA PROPERTY PORTAL

  1. Both Network and Standalone account MEMBER AGENTS can upload their properties to the PropExtra portal provided that the listing:
    1. Is set to Available.
    2. Has the PropExtra tickbox selected.
    3. Complies with any Regional Terms and Conditions as listed below.
  2. Click here to read the Terms of Use for PropExtra.

LISTING PROCEDURES

  1. Properties cannot be set to Available after being in Listing Status, Sold or Off Market for a prolonged period of time. These properties must be CLONED and a new reference number will be assigned. Once a property has been Cloned, the old original reference must be set to Sold or Off Market.
  2. It is prohibited to re-use or edit an old RESALES reference number to list a new property.
  3. All new property listings should be added to the system via the[Add Property] function so that a new reference number will be issued.
  4. Properties must be set to Unshared once a property reservation has been taken.
  5. Properties cannot be knowingly set to an inaccurate status.

AVAILABILITY REQUESTS

  1. Availability Requests from other member agents or RESALES ANDALUCÍA must be responded to accurately and within 14 days of the request.
  2. Unanswered Availability Requests will lead to the property in question being removed from the shared database until the property status has been confirmed.

REGIONAL TERMS AND CONDITIONS

These are in addition to all other Terms and Conditions in this document:
  1. SPAIN - National
    1. Both Network and Standalone account MEMBER AGENTS can upload their properties to the PropExtra portal provided that the listing contains the correct and validated cadastral reference number.
    2. Network MEMBER AGENTS can share their properties on the Network provided that the listing contains the correct and validated cadastral reference number.
  2. SPAIN - Andalucia
    1. DECREE 218
      1. Completing the details in RESALES-ONLINE that relate to the Andalusian law(Decree 218/2005) does not imply that the property is fully compliant with the law.
      2. Each MEMBER AGENT is responsible for their company’s compliance with this law and will be solely responsible in the case of fines or requirements resulting from any official inspections.
      3. MEMBER AGENTS that display property listings from other MEMBER AGENTS in their office window displays are advised to previously check with the listing agent that the property(s) comply with the law. In the case of an inspection, you will be responsible as in the points above.

PROPERTY EXPORTS AND WEBSITE SEARCH FUNCTIONS

  1. PROPERTY EXPORTS(FEEDS)– NETWORK ACCOUNTS
    1. MEMBER AGENTS may display the property listings of other Member Agents(obtained via XML feed, iFrame or Ajax Calls) only on their own website(s), and in accordance with the sharing permissions that have been set by the Listing Agent in the system.
    2. It is prohibited to provide details of other Member Agents’ property listings(obtained via XML feed, iFrame or Ajax Calls) to any 3rd party other than for the express purpose of displaying the details on your own website(s).
    3. When supplying property feed(s) to property portals, other software systems or 3rd party site, or similar, MEMBER AGENTS are only authorized to provide an Own Properties feed of their own direct listings.
    4. A MEMBER AGENT can provide another Member Agent’s listings to property portals, other software systems, or similar, only in the case that:
      1. They have the express permission(written and signed or email) from the individual listing agent(s), and
      2. The listing agent(s) provided their‘Own Properties’ feed directly to the MEMBER AGENT concerned.
    5. Property feeds supplied by RESALES-ONLINE are only authorized to be used as per these Terms & Conditions.
  2. PROPERTY EXPORTS(FEEDS)– STANDALONE ACCOUNTS
    1. Standalone accounts are only authorized to use Own Property feeds of their own direct listings.
    2. When supplying property feed(s) to property portals, other software systems or 3rd party site, or similar, Standalone accounts are only authorized to provide an Own Properties feed of their own direct listings.
  3. IMPROPER USE OF PROPERTY FEEDS OR WEBSITE SEARCH FUNCTIONS
    1. Improper use of feeds containing property listings of other member agents will be deemed as a breach of contract and can lead to removal from the network.

AGENT MESSAGE SERVICE ( AMS)

  1. The AMS service is available only to Network Account holders.
  2. Properties for Sale or Rent:
    1. The I have a property for sale ( or rent) section of the Agent Message Service can only be used to advertise properties that are Available and Shared on RESALES-ONLINE.
    2. Each member agency company account is restricted to sending no more than three AMS messages per day promoting property for sale or rental.
    3. Any property can only be advertised once a week; after the week has passed the property can be advertised again.
  3. General AMS Messages:
    1. AMS Messages cannot contain inappropriate content, slander or hearsay concerning a 3rd party.
    2. General Messages cannot contain messages relating to offers or petitions for sale or rental properties, or messages related to clients looking for property. Please use the correct message category for these types of messages.
    3. Continued abuse of the AMS service will lead to a company-wide ban from using it.
  4. Daily AMS Emails:
    1. AMS messages are compiled into a bulk mailing 4 times a day and are emailed to system users that have[Receive AMS] enabled on their User Account.
    2. Click here for information on how to stop receiving the daily AMS emails

PROPERTY PORTALS

  1. Access to RESALES-ONLINE will not be granted to property portals.
  2. Property portals are only authorised to accept property feeds from individual agents that contain the agent’s own direct property listings.
  3. Property portals are prohibited from accepting and implementing our full database feeds. 
  4. Misuse of RESALES-ONLINE feeds by a property portal can lead to legal action.
  5. Click here for more information on feeds for property portals.

FEES NETWORK ACCOUNTS and STANDALONE SUB-OFFICES

  1. Access to RESALES-ONLINE is granted on a pre-paid basis.
  2. Fees(plus VAT applicable by law) and any other charges due hereunder shall be paid by the MEMBER AGENT in accordance with these Terms & Conditions as per our fee schedule displayed on our website.
  3. Click here to see our membership fees.
  4. In the case of a payment failure by the due date, the MEMBER AGENT will receive a Ticket notification and will be allowed a short grace period to make a successful payment.
  5.  If a successful payment is not made within the grace period, RESALES ANDALUCIA reserves the right to downgrade the MEMBER AGENT’s Network account to a Standalone account. In the case of a Standalone Sub-Office account, the account will be disabled.

INVOICING

  1. MEMBER AGENTS must provide valid details for subscription invoices, either:
    1. A Company Name, address, and CIF Number; or
    2. Name of a physical person, address, and DNI or NIE.
  2. Changes to invoicing details must be provided by raising a ticket from your system account.
  3. RESALES ANDALUCIA reserves the right to refuse to alter invoices that have already been issued.
  4. That in the case of an enquiry from the Tax Office regarding incorrectly provided details, the MEMBER AGENT accepts that they will be invoiced separately for any professional services required to respond to the Tax Office.

REFUND POLICY

  1. No refunds or credits will be given by RESALES ANDALUCIAonce a payment transaction has been completed and access has been provided, except for the case where a payment has been taken in error.
  2. It is not grounds for a refund if a MEMBER AGENTchooses not to log into or use RESALES-ONLINE during the paid period.

DATA PROTECTION AGREEMENT

 1.  Introduction

This Data Protection Agreement forms part of our Terms and Conditions of Use and sets out our agreement in relation to the protection of data that is stored in our software (ReSales Online) by MEMBER AGENTS. This agreement should be read in conjunction with our Legal Notice and Privacy Policy, and the full text of our Terms and Conditions of Use.

In consideration of you, the MEMBER AGENT (“Data Controller”) making Personal Data available to RESALES ANDALUCIA SL (“the Data Processor”), the Data Processor hereby agrees to process the Data Controller’s Personal Data in accordance with the terms and conditions of this Data Protection Agreement (“DPA”).


2.  Definitions

"Appropriate Technical and Organisational Measures" means processes and procedures such that having regard to the state of technological development and the cost of implementation, and the nature of the Data Controller´s Personal Data, will ensure a level of security appropriate to the harm that might result from unauthorised or unlawful processing of, or accidental loss or destruction of, or damage to, the Data Controller´s Personal Data. Such measures shall comprise, as a minimum, those measures set out in Information Security below and any additional measures from time to time notified in writing by the Data Processor to the Data Controller and reasonably agreed by the Parties.


“Data Controller” (you the MEMBER AGENT) and the “Data Processor” (ReSales Andalucia SL) shall have the meaning given to it in the relevant Data Protection Laws.


“Data Protection Laws” means

·   in EU countries, the Directive (95/46/EC) as superseded by the  General Data Protection Regulation (Regulation (EU) 2016/679);

·   in non-EU countries, any similar or equivalent laws, regulations or rules relating to Personal Data;

·   any enforceable guidance and codes of practice issued by any local regulatory authority responsible for administering Data Protection Laws; and/or

·   any amendments, re-enactments or changes to the items described in the points above, from time to time.


“Data Subject” means an individual who´s Personal Data is being processed through or in relation to the Services;


“Personal Data Breach” means the unauthorised acquisition, access, use or disclosure of Personal Data;


“Personal Data” shall have the same meaning as in the Data Protection Laws;


“Non-adequate Country” means a country that is deemed not to provide an adequate level of protection for Personal Data within the meaning of the Data Protection Laws;and


“Services” shall mean the services provided by the Data Processor in relation to the processing of the Data Controller’s Personal Data as described in the Agreement.


3. General obligations of the Data Controller and the Data Processor

The Parties acknowledge that all the Personal Data processed by the Data Processor on behalf of the Data Controller belongs to the Data Controller and the Data Processor shall have no rights to such Personal Data.This DPA sets out the terms and conditions for the Data Processor’s processing of Personal Data on behalf of the Data Controller.


The Data Controller agrees to:

·   act in compliance with Data Protection Laws; and

·   not intentionally instruct the Data Processor to process Personal Data in a manner that would constitute a breach of Data Protection Laws. If the Data Processor believes an instruction of the Data Controller to be in breach of Data Protection Laws, the Data Processor must inform the Data Controller accordingly and the Data Processor is not obligated to carry out the relevant processing until the Parties have decided on a solution.


The Data Processor agrees to:

·   process the Personal Data in accordance with this DPA and in compliance with the Data Protection Laws;

·   not do or omit to do anything which would cause the Data Controller to breach any of its obligations under the Data Protection Laws;

·   process the Personal Data only to the extent, and in such manner, as is necessary for the purposes of providing the Services pursuant to the Agreement, this DPA and in accordance with the Data Controller’s written instructions issued from time to time. For the avoidance of doubt, if the Data Processor is ever unsure as to the parameters of the instructions issued by the Data Controller it will as soon as reasonably practicable revert to the Data Controller for the purpose of seeking clarification or further instructions;

·   keep the Personal Data strictly confidential and not use or disclose it for any purpose other than the specific activities authorised pursuant to this DPA;

·   ensure that no Personal Data is transferred, assigned, published or otherwise made available to any third party without the Data Controller´s prior written consent;

·   promptly inform the Data Controller of any request made by the Data Subject or any other third party or authority to access information from the Data Processor which relates to processing of Personal Data.

·   take appropriate Technical and Organisational Measures to ensure a level of security appropriate to the risk of the processing and to protect against unauthorised or unlawful processing, accidental loss or destruction of or damage to the Personal Data;

·   assist the Data Controller in accordance with Point 10 below;

·   promptly, on request by the Data Controller, return to the Data Controller all the Data Controller's Personal Data together with all copies thereof in any media in its power, possession or control; and

·   ensure that all the Data Controller Personal Data is  protected at all times while in the possession or under the control of the Data Processor.


4. Change of circumstances and law

If the Data Processor:

·   determines that it is unable for any reason to comply with its obligations under this Agreement and the Data Processor cannot cure this inability to comply; or

·   becomes aware of any circumstance or change in the Data Protection Laws,  that is likely to have a substantial adverse effect on the Data Processor's ability to meet its obligations under this Agreement;

the Data Processor shall promptly notify the Data Controller thereof, in which case the Data Controller will have the right to temporarily suspend the processing until such time the processing is adjusted in such a manner that the non-compliance is remedied. To the extent such adjustment is not possible, the Data Controller shall have the right to terminate the relevant part of the processing by the Data Processor.


5. Sub-processors

The sub-processors listed below are approved for processing of Personal Data under the circumstances specified in this DPA.  The Data Controller agrees that this list could change dependent on the needs of the Data Processor for the provision of service. All sub-processors are checked for data protection compliance prior to the engagement of their services:


·   Amazon Web Services ( https://aws.amazon.com/ )

·   MailChimp ( https://mailchimp.com/ )

·   RedStation ( www.redstation.com )

·   Dropbox ( www.dropbox.com )

·   Paysafe ( https://www.paysafe.com/ )


6. Access to the Data Controller’s Personal Data

The Data Processor shall ensure that access to the Personal Data processed by the Data Processor under scope of the Agreement is limited to:

·   duly authorised officers, employees, agents and contractors (“the Data Processor’s Personnel”) who need access to the Personal Data to meet the Data Processor’s obligations under the Agreement and this DPA; and

·   such part or parts of the Personal Data as is strictly necessary for performance of the relevant Data Processor Personnel’s duties.


The Data Processor shall ensure that all the Data Processor Personnel:

·   are informed of the confidential nature of the Personal Data;

·   have undertaken training in the care, protection and handling of Personal Data; and

·   are aware of both the Data Processor’s duties and their personal duties and obligations under the Data Protection Laws and this DPA.


The Data Processor shall take reasonable steps to ensure the reliability of any of the Data Processor’s Personnel and Sub-processors who have access to the Personal Data.


7. Online Card Payments

Our online card facility uses the gateway services of Paysafe (www.paysafe.com). When you enter your card details into our software they are encrypted before we send them to Paysafe. Your card details are stored on the Paysafe servers. At no time are your full card details stored on our servers or accessible by the Data Processor.


8. Transfer of Personal Data

The Data Processor shall not transfer Personal Data to any Non-adequate Country outside EEA or make such Personal Data accessible from any such Non-adequate Country without the prior written approval of the Data Controller.


Any transfer of, or provision of access to, Personal Data outside the EEA to a third party (including affiliates of the Data Processor) who is located in a Non-adequate Country shall be governed by the terms of a data transfer agreement between the Data Processor and the Data Controller, which will contain standard controller-Data Processor contractual clauses as published in the Decision of the European Commission of February 5, 2010(Decision 2010/87/EC) or any other similar contractual clauses as may be adopted by the European Commission from time to time (‘EU Model Clauses’). If this is applicable, the Parties agree to separately enter and sign the EU Model Clauses.


9. Notification and incidents and data security breaches

The Data Processor shall promptly, and in any case within seventy-two (72) hours, inform the Data Controller if:

·   it receives an enquiry or a request for inspection or audit from a public authority relating to the processing of Personal Data, unless the Data Processor is otherwise prohibited by law from making such disclosure;

·   it intends to disclose Personal Data to any public authority;

·   it receives a request for disclosure of the Data Controller Personal Data or information relating to the processing of the Data Controller Personal Data from a third party or a the Data Controller employee, customer or contractor; or

·   it detects or reasonably suspects that a Personal Data Breach has occurred.


10.   The Data Processor’s obligation to assist the Data Controller

Where necessary, the Data Processor shall provide assistance to the Data Controller in complying with any such request and/or enquiry, investigation or assessment of processing initiated by the Data Controller’s employee, customer, third party or any relevant public authority.


In particular, the Data Processor shall;

·   immediately upon request assist the Data Controller in responding to requests for exercising Data Subjects´ rights conferred by Chapter III of the GDPR (e.g. the rights for the Data Subject) and any equivalent requirements in other Data Protection Legislation, and, for this purpose, the Data Processor shall implement appropriate technical and organisational measures to ensure that requests can be handled promptly and that any response periods set out in the Data Protection Laws can be adhered to;

·   immediately upon request assist the Data Controller in fulfilling its obligations imposed under Articles 32-36 of the GDPR and any equivalent requirements in other Data Protection Laws (e.g. to ensure that appropriate technical and organisational measures are implemented to ensure a high level of security for the Personal Data Processed, to notify the supervisory authority in the event of a Personal Data Breach, to communicate a Personal Data Breach to the Data Subjects, to carry out a data protection impact assessment, and to carry out a prior consultation with the supervisory authority as applicable from time to time),and, for this purpose, the Data Processor shall provide such assistance promptly and in such a way as to ensure that any response periods set out in Data Protection Laws can be adhered to; and

·   in case of a Personal Data Breach, the Data Processor shall take adequate remedial measures as soon as possible, including but not limited to investigating and reporting to the Data Controller on the cause of the breach, to develop, propose and execute a response plan to address the Personal Data Breach. The Data Processor shall notify the Data Controller prior to any notification being made to any regulatory body regarding any Personal Data Breach and shall give the Data Controller a reasonable opportunity to review and provide input into any such notification. The Data Controller and the Data Processor shall use best endeavours to mitigate the effects of any Personal Data Breach.

 

11.   Term and termination

Where the Data Controller so requests prior thereto, the Data Processor shall return all data containing Personal Data to the Data Controller (or to another party in accordance with the Data Controller´s instructions) or, where the Data Controller so requests, destroy all Personal Data and certify to the Data Controller that this has been done. Where this is not technically possible or where the Data Processor is prevented from doing so by Data Protection Laws, the Data Processor shall provide a warranty that the Personal Data will remain confidential and will no longer be processed in any other manner than being stored, or, alternatively, will anonymise the data in such a way that makes it impossible to recreate.


12.   Miscellaneous

This DPA constitutes the entire agreement between the Parties relating to the subject matter hereof.  Any changes to the DPA by the Data Processor will be communicated to the Data Controller. In case of discrepancies between this DPA and any previous agreement, this DPA shall prevail.


Should any provision of this DPA be or become invalid, the legal validity of the remaining provisions shall not be affected. Instead of the invalid provision, a valid provision shall be deemed to have been agreed upon which comes as close as possible to the intentions of the Parties.


This DPA applies to and covers any changes, additions or amendments to the Agreement unless a new DPA is entered into. If the Agreement is terminated and a new contract with a similar scope and purpose to the Agreement is entered into, but without a new DPA, this DPA shall apply to the new contract. This also applies if an explicit reference is made to this DPA in a contract between the Data Controller and the Data Processor.


The Data Processor is not eligible for any compensation for the processing of Personal Data under this DPA (in addition to the compensation set out under the Agreement).


13.   Governing law and disputes

The DPA shall be applied and interpreted in accordance with the law stated in the Agreement. Notwithstanding this, the Data Processor must at all times process Personal Data in accordance with Data Protection Laws. 


14.   Information Security

General Requirements:

o    the Data Processor shall not carry out any act or make any omission which has, or could reasonably be expected to have, an adverse impact on the Data Controller´s systems or Personal Data. 

o    the Data Processor shall ensure that appropriate technical and organizational measures are implemented to ensure a level of security that is appropriate to the risk of the Processing. In particular, the Data Processor shall:

§  secure the Personal Data in such a way as to prevent destruction, alterations, blocking, unauthorized disclosure or access, copying, distribution or any other kind of unauthorized Processing;

§  ensure that Personal Data and the data files containing Personal Data may only be accessed by authorised personnel that need the data to perform their duties in order to satisfy the Data Processor's obligations under the Main Contract and the Agreement and in accordance with the Data Controller´s instructions ("Authorised Personnel");

§  ensure that Authorised Personnel have either entered into a confidentiality undertaking or are under an appropriate statutory duty of confidentiality that remains valid after the end of their employment or the service with regard to the processing of Personal Data;

§  ensure that Authorized Personnel comply with the terms and conditions of the DPA and the instructions provided by the Data Controller, and that such personnel are informed of the provisions of the GDPR;

§  ensure that there is appropriate, up-to-date virus protection at all times in respect of the data files containing Personal Data and that backup copies of such files are made.

Access management

o   Where the Data Processor provides services connected directly to the Data Controller´ssystems, the Data Processor must validate the identity of all the Data Processor personnel with access to the Data Controller´s systems. the Data Processor must notify the Data Controller upon request of the names of the Data Processor personnel and the required and actual levels of access to the Data Controller´s information.

Physical security

o   the Data Processor is responsible for protecting the Data Controller´s Personal Data from harm through unauthorised physical access and/or damage. This includes physical access controls such as protecting buildings against unauthorised access (e.g. by using locks, bolts or equivalent measures on vulnerable doors and windows), restricting physical access to critical areas to authorised staff only, supervising external parties when they are granted access and protecting communication links and data storage media.

 


MEMBER AGENT’S DETAILS

  1. The public contact details displayed in the system are provided by each MEMBER AGENT for the purpose of MEMBER AGENTS carrying out their day-to-day real estate collaboration activities such as making specific property/client enquiries, viewing appointments, etc.
  2. It is prohibited to use these details to compile marketing, email or mailing lists.
  3. MEMBER AGENTS agree that if they receive a message from an agent to be unsubscribed from their mailing list, that they will comply with the request in a timely fashion.

CUSTOMER SUPPORT

  1. Customer Support is available to MEMBER AGENTS via the following channels:
    1. Network Accounts: Ticket System and by telephone.
    2. Standalone Accounts: Ticket System.
  2. Phone calls to and from the offices of RESALES ANDALUCIA are recorded. The MEMBER AGENT authorizes the use of these recordings as needed for the normal running of our business, or in the case of any dispute.
  3. Resales-online email addresses are used to impart information, however incoming emails to our domain addresses are not monitored. 
  4. The MEMBER AGENT agrees to treat the staff of RESALES ANDALUCIA with respect in all communications.

MISCELLANEOUS

  1. Any additional data related to properties listed on RESALES-ONLINE that has been acquired, calculated, extrapolated or otherwise obtained by RESALES ANDALUCIA, including, but not exclusively limited to, external data sources, ie: from sources other than our clients entry of data into any of our systems, either manually or electronically, remains the sole property of RESALES ANDALUCIA. We reserve the exclusive right to use this data as well as the right to grant or deny access to this data to any entity for any price.

EXCLUSIONS

  1. Neither RESALES ANDALUCIA, nor its employees, shall be liable to the MEMBER AGENT under or in connection with this agreement for any loss of business, contracts, profits, anticipated profits, savings or data, or for damage to hardware and software, or for any indirect, special or consequential loss or damage whatsoever.
  2. RESALES ANDALUCIA is not responsible for the content of RESALES-ONLINE. The content is owned and provided by the MEMBER AGENTS and while RESALES ANDALUCIA will do its best to ensure its accuracy, this cannot be guaranteed.
  3. RESALES ANDALUCIA is excluded from any liabilities that may arise due to any errors or omissions in property listings provided by the MEMBER AGENT.

DURATION

  1. This agreement remains in effect until cancelled in writing by either party.

RIGHT TO REFUSE SERVICE

  1. RESALES-ONLINE is a private company that provides services that involve a trust relationship, therefore RESALES-ONLINE reserves the right to refuse unilaterally to provide its services to any new MEMBER AGENT without the need for any further explanation.
  2. RESALES-ONLINE may refuse unilaterally to renew the provision of the service to any MEMBER AGENT providing a 10 days’ notice with no further need of explanation.

CANCELLATION

  1. A MEMBER AGENT may cancel this agreement at any time by raising a Customer Support Ticket from their RESALES-ONLINE account. The ticket must be raised from a user account with Administrator privileges.
  2. On the day of receipt of a cancellation request ticket, the MEMBER AGENT’s account will be set to expire on the date specified in the ticket. In absence of a specified date, the account will be set to expire at the end of the paid subscription period.
  3. No refunds will be issued in the case of cancellations prior to the end of subscription date.
  4. Account cancellation will not attract any penalty fees.
  5. RESALES-ONLINE may cancel this agreement at any time by raising a Customer Support Ticket to the MEMBER AGENT’s RESALES-ONLINE account by giving a 10 days’ notice with no further need of explanation. During this period of time RESALES-ONLINE will refund the proportional amount of the payment made in advance by the MEMBER AGENT corresponding to the period of time pending after the cancellation. The MEMBER AGENT disclaims any and all claims for this early cancellation.
  6. MEMBER AGENTS have the option to downgrade their account to a free Standalone account instead of cancelling. 

MEDIATION

  1. This agreement is governed by its own clauses, by the conditions of collaboration established, accepted and agreed by the parties in this document, and by default, by the Commercial Laws of Spain, other pertinent Laws and mercantile practices and Civil Code of Spain.
  2. In the event of dispute, both parties agree to refer to a lawyer appointed by the Colegio de Abogados de Malaga and to be bound by the decision of said lawyer.

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