Privacy Policy

We are pleased about your visit to our website. The protection of your personal data is very important to us. Therefore, we operate exclusively based on legal regulations and the GDPR. With this privacy policy, we would like to inform you about your rights and how we process and protect your data within the scope of this website.

If you are redirected to other websites via links on our website, please check directly on the respective website how your data is handled.

This privacy policy also applies to our social media presences (for example on Facebook, Instagram, X, and other platforms) or other websites that we provide.

Name and Address of the Responsible Party

The responsible party within the meaning of the General Data Protection Regulation (GDPR) and other data protection regulations is:

Top Immo Tenerife, S.L.
Roques del Salmor 1
38670 Costa Adeje
Spain

Telephone: +34 683 553 396
Email: info@andreaspgroup.com

Data Protection Officer

No data protection officer has been appointed as there is no legal requirement.

General Information on Data Processing and Data Categories

This privacy policy describes the type, scope, and purpose of the processing of personal data in connection with this website and the services, functions, and content offered on it. This privacy policy applies regardless of the device used (e.g., desktop, mobile devices, or offline). We generally process personal data of our users only to the extent necessary to provide a functional website as well as our content and services.

For our business relationship, we require a variety of personal data from you. If we cannot verify your identity, the law prohibits us from conducting the business relationship. Where necessary for the business relationship based on a contract or legal provision, we must process your personal data. If you do not wish this, we may not be able to offer certain products or provide certain services. If we may process your data only based on your consent, you are not obliged to grant this consent or provide the data.

Data Categories and Data Sources

Most of the personal data we process has been provided by you, e.g., when inquiring about a specific product, service, or offer, or when contacting us. In some cases, you have given one of our partners your written consent to forward your personal data to us, e.g., because you are interested in a product, service, or offer.

Top Immo Tenerife, S.L. is committed to the careful handling of data in the digital age. In this sense, we only request the data categories necessary to provide the services you have requested. As far as personal data within the meaning of the GDPR is concerned, these may include the following categories. However, not all are always necessarily processed.

1. Content data (e.g., entries in the contact form),
2. Master data (e.g., names and addresses of customers, phone number, email address, nicknames),
3. Communication data (email, phone numbers, fax numbers, postal addresses),
4. Contract data (e.g., ordered services, payment information, invoice data requirements, declarations signed by the customer of any kind),
5. Bank data (name of financial institution, mandate reference, IBAN, payment methods, and similar),
6. Usage data (e.g., our websites and online offerings you visit, interest in our products, goods, and services),
7. When visiting the website: IP address, date and time of request, content of requests, access status/HTTP status code, amount of data transmitted, referrer, browser, operating system, language, and version of the browser software (see also the "Hosting" section), and
8. other similar data.

Your provided personal data comes from information you voluntarily provide during registration, inquiry, and/or order processes (this concerns master, contract, and content data) or is collected automatically when visiting the website (this concerns content data).

In addition, the data may come from the following sources:

• Debtor registers as protection against potential payment defaults,
• Publicly available sources, e.g., land and company registries or customer websites.

We receive data of the above-mentioned categories from our customers, authorities, banks, business partners, information from the internet, and other sources. Data within the meaning of Art. 9 GDPR is only processed with the separate consent of our customers.

Using our website is generally possible without providing personal data. To the extent that personal data (e.g., name, address, or email address) is collected on our pages, this is always on a voluntary basis where possible. These data are not passed on to third parties without your explicit consent.

If you send inquiries via the contact form, the information from the inquiry form, including the contact data you provide there, will be stored to process your inquiry and for follow-up questions. These data are not shared with third parties without your explicit consent.

Alternatively, contact can be made via the provided email address. In this case, the personal data transmitted with the email will be stored.

When you contact us, the data you provide (name, address, phone number, email address, and, if applicable, case-related data) will be stored to answer your questions, process your request promptly, and be able to get back in touch with you. The data collected in this context will be deleted if no contract is concluded between us and as soon as storage is no longer necessary, or the data processing will be restricted to the legally required minimum if legal retention periods apply.

Transmission of Data to Third Parties and External Providers

We store and process the personal data provided or communicated to us only to the extent necessary in connection with contract execution. Data is only shared to the minimum extent required and as necessary for contract execution, based on a legal basis, or if a legitimate interest of the parties involved (third parties) in the business transaction exists.

To fulfill your order, it may be necessary to share your data with third parties. Your data is only shared based on the GDPR, in particular to fulfill your order or based on your prior consent. To achieve the above-mentioned purposes, we may also use processors. In such cases, we transmit only the personal data necessary to fulfill the respective order.

Accordingly, we only share data when it is required for contract fulfillment or due to a legitimate interest.

Where strictly necessary for the purposes mentioned above, we transmit your personal data to the following recipients or categories of recipients:

• Company departments involved in business execution (e.g., IT, other administrative units) or group companies (e.g., for joint project execution)
• Third parties involved in the business transaction (persons necessarily involved, potential contract partners, other process partners, brokerage platforms, financing companies, private and public authorities, insurance companies)
• Service providers of the controller (e.g., tax advisors, auditors, payroll accounting, lawyers), as well as authorities (social security, tax office, other authorities), legal representatives (for enforcement of rights, defense of claims, or within the framework of authority procedures)
• Processors, companies acting as contractors in IT infrastructure management (software, hardware), IT service providers, subcontractors, payment service providers, and other engaged service providers for contract fulfillment
• Administrative authorities, courts, and public law bodies, tax offices
• Collection agencies for debt recovery
• Other recipients specified by the customer
• Insurance institutions
• Banks on behalf of the customer
• Cooperation partners
• Other recipients mentioned elsewhere in this privacy policy

The processors we use support us in fulfilling contracts as well as in activities carried out in the legitimate interest. The processors we use are located in Austria, Germany, and Switzerland. To ensure an appropriate level of data protection, we have entered into contractual agreements with the processors employed.

No transfer of your data to third parties for advertising or similar purposes takes place. Our employees and service providers are bound by confidentiality and compliance with data protection regulations. No automated decision-making (profiling) takes place.

Processing of Personal Data

General

In general, we process your personal data only with your consent or for the purposes agreed with you, or when another legal basis exists in accordance with the GDPR; this is done in compliance with data protection and civil law regulations. Personal data includes all individual information about personal or factual circumstances.

Purpose of Processing

Data processing is carried out to fulfill our contractual agreement (Art. 6 (1) lit b GDPR) regarding contracts concluded with our customers as well as to fulfill legal obligations (Art. 6 (1) lit c GDPR). In addition, we process your personal data based on our overriding legitimate interest to achieve the stated purposes (Art. 6 (1) lit f GDPR).

Your personal data is processed for the following purposes: to establish, manage, and handle the business relationship and to provide the services offered and contractually agreed upon. For example:

• Processing personal data for the execution of ordered or commissioned services,
• Billing of provided services,
• Consulting, customer service, and information purposes,
• Customer management,
• Accounting and bookkeeping,
• Strengthening existing business relationships or building new ones, including informing about current legal developments and our service offerings,
• Assertion of contractual claims and defense in legal disputes,
• Use and record-keeping of personal data of applicants, or
• In the case of an already commissioned assignment, for internal organization and claims management.

To the extent we collect personal data from you, providing your data is generally voluntary. However, we may not be able to fulfill our order or may not be able to fulfill it completely if you do not provide us with your personal data.

Storage Duration and Deletion

The processing of your personal data takes place in any case only for as long as it is necessary to achieve the purpose for which the personal data were transmitted. Data processing, in particular in terms of storage, may also occur if it is provided for by European or national legislators in Union regulations, laws, or other provisions to which we are subject. A restriction or deletion of the data also occurs if a retention period prescribed by the aforementioned regulations expires, unless there is a necessity to continue storing the data for the conclusion or fulfillment of a contract.

What Rights Do You Have?

Right to Information

As a data subject, you generally have the right to access, rectify, erase, restrict, object to, and transfer your data. To exercise your rights, please contact the company with which you are or were in contact. You may request confirmation of whether personal data concerning you are being processed. In this case, you may request detailed information about the processing as well as a copy of your personal data.

Right to Rectification

As a data subject, you have the right to have incorrect or incomplete data stored with us corrected.

Right to Erasure (Right to be Forgotten)

As a data subject, you have the right to the immediate deletion of your personal data, unless there are reasons preventing the deletion.

Right to Restrict Processing

As a data subject, you have the right to request the restriction of processing, unless there are compelling reasons to the contrary.

Right to Data Portability

You have the right to receive the personal data concerning you, which you have provided and which we have processed automatically, in a structured, commonly used, and machine-readable format, as far as technically feasible.

Right to Object

If processing is based on consent, you as a data subject have the right to withdraw that consent at any time. This means we may no longer process your data unless there is another legal basis for lawful processing. The lawfulness of processing carried out based on consent until withdrawal is not affected. If we process your personal data for direct marketing purposes, you as a data subject have the right to object at any time to the processing of personal data for such marketing; no balancing of interests occurs in this case.

Exercising Data Subject Rights

As a data subject, you can exercise all rights via email or letter to the contact details mentioned above. To protect the rights of others, we must ensure that data subject rights are asserted only by the data subject. To do so, you must identify yourself and cooperate in the identification process.

If you believe that your personal data are not being processed lawfully, we ask that you first contact us directly. Regardless, you have the right to lodge a complaint with a supervisory authority. Typically, you can contact the supervisory authority in your usual place of residence, your workplace, or the location of our company.

Data Security

To protect your personal data, we have implemented appropriate organizational and technical measures. These measures particularly concern protection against unauthorized, unlawful, or accidental access, processing, loss, use, and manipulation, and correspond to the state of the art.

Despite all due care, it cannot be ruled out that information you transmit to us via the Internet may be viewed and used by others.

We therefore point out that we do not assume any liability for the disclosure of information due to errors in data transmission not caused by us and/or unauthorized access by third parties (e.g., hacker attacks on email accounts or telephone).

Hosting

This website is hosted on servers of the commissioned service provider Hetzner Online GmbH.

The location of the servers for this website is geographically in Germany.

The servers automatically collect and store information in so-called server log files, which your browser automatically transmits to us when visiting the website. The stored information includes:

• IP address
• Browser type and version, operating system
• Referrer URL
• Date and time of the request

A merging of this data with other data sources does not take place. We reserve the right to review this data afterwards if we become aware of concrete indications of unlawful use. The data collection is based on Art. 6(1) lit. f GDPR. The operator of this website has a legitimate interest in the technically error-free presentation and optimization. Data collection is necessary for this purpose.

Data Storage

In addition to the servers of the service provider Hetzner Online GmbH used to operate this website, we also store content in object storage. This is an architecture that can store large amounts of data in an unstructured way.

We use the following providers for object storage:

• https://www.exoscale.com/, with a geographic location within the European Union and Switzerland, and
• https://www.hetzner.de/, with a geographic location within the European Union.

Cookies

This website uses cookies to make our services more user-friendly, effective, and secure.

Some functions of our website cannot be offered without the use of cookies (technically necessary cookies). Other cookies allow us to perform various analyses, determine usage frequency, and count the number of users of our website. This allows us, among other things, to recognize the browser you used on a return visit to our website and transmit various anonymized information to us (non-essential cookies).

Optional cookies, however, are only stored if you actively consent to their use via the cookie banner on our website. If optional cookies are disabled, the functionality of this website may be limited.

You can change your settings and consent to the use of optional cookies at any time via the menu item „Cookies“.

Postmark

For sending emails, we use the email marketing platform "Postmark" of AC PM LLC, 1 N Dearborn Street, Suite 500, Chicago, IL 60602, USA. Postmark processes your data, among other places, in the USA. Postmark is certified under the US-EU Privacy Shield and thus commits to complying with European data protection regulations.

As a basis for data processing by recipients located in third countries (outside the European Union, Iceland, Liechtenstein, Norway, especially in the USA) or for data transfers thereto, Postmark uses so-called Standard Contractual Clauses (= Art. 46 (2) and (3) GDPR).

Standard Contractual Clauses (SCC) are templates provided by the European Commission to ensure that your data is processed according to European data protection standards even if transferred to and stored in third countries (such as the USA). By using these clauses, Postmark undertakes to maintain the European level of data protection when processing your personal data, even if the data is stored, managed, or otherwise processed in the USA. These clauses are based on an implementing decision of the EU Commission (Implementing Decision (EU) 2021/914 of the Commission dated June 4, 2021).

The decision and the corresponding Standard Contractual Clauses can be found at https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?locale=de.

More information about Postmark's Standard Contractual Clauses can be found at https://postmarkapp.com/eu-privacy.

Sentry

Sentry is a tool that allows us to monitor and log errors on our websites.

For this purpose, the data listed in the section “Data categories and data origin”, point 7, is used. Your personal data, if present, is either not transmitted at all or anonymized before sending. The servers we use for analysis with Sentry are geographically located within the EU (Frankfurt).

The privacy policy of Sentry can be found at the following link: https://sentry.io/trust/privacy/

Geotargeting

We use the IP address and other information you provide (e.g., the postal code during registration, contact request, or order) for regional targeting (so-called “geotargeting”).

Regional targeting is used, for example, to automatically display regional offers or advertising that are often more relevant to the user. The legal basis for using the IP address and, if applicable, other information provided by the user (especially postal code) is Art. 6(1)(f) GDPR, based on our interest in ensuring more precise targeting and thus providing offers and advertising with higher relevance for the user.

We use geotargeting on our website for the following purposes:

• Customer communication,
• Advertising purposes.

Google

Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland
Parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA

Information about Google’s privacy policy can be found here: https://policies.google.com/privacy

There is also a Privacy Center available, which gives you certain options regarding the data collected by Google and how it is used.

Google Maps

We use Google Maps to display maps and city plans on our website. However, the generation of the maps occurs server-side. Browser requests to Google’s servers or any associated transmission of browser or user information to Google therefore do not occur when using the maps.

Google Analytics

Our website uses the web analytics service Google Analytics. The basis for data processing in this context is the legal provisions of § 96 (3) TKG as well as Art. 6 (1) lit. a (consent) or f (legitimate interest) GDPR. Our concern under the GDPR, i.e., our "legitimate interest," is the improvement of our offer and our website. Since user privacy is important to us, your user data is pseudonymized.

The web analytics service Google Analytics also uses cookies. Google will use this information to evaluate your use of the website, to compile reports on website activities for us, and to provide other services related to website and internet usage. Google may also transfer this information to third parties where required by law or where third parties process this data on behalf of Google.

Cookies for Google Analytics are only activated when you actively consent to the use of optional cookies via the cookie banner on our website.

Google Ads

To promote our website, we also use the advertising tool "Google Ads". On our website, we use the analytics service "Conversion Tracking" from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

If you have reached our website via a Google ad and have consented to the use of optional cookies, Google Ads will set cookies. These so-called conversion cookies lose their validity after some time and are not intended to personally identify you. If you visit certain pages of our website while the cookie is still valid, we and Google can see that you, as a user, clicked on one of our Google ads and were redirected to our site.

The relevant privacy policy of Google can be found at the following link: https://policies.google.com/privacy?gl=de

Google Ads tracking via cookies is only activated if you actively consent to the use of optional cookies via the cookie banner on our website.