Legal information

Terms and Conditions of Access to the INVESTHOME Professional Portal

Translated from the Spanish original (see es) for convenience; in case of any discrepancy, the Spanish text prevails. These Terms are governed by Spanish law (see section 9). 1. Purpose These Terms and Conditions (hereinafter, the "Terms") govern access to and use of the INVESTHOME 2015, S.L. Professional Portal (hereinafter, "INVESTHOME" or the "Portal"), a platform intended exclusively for real estate agencies and industry professionals who have been previously authorized (hereinafter, the "User"). The purpose of the Portal is to provide the User with commercial, technical and documentary information relating to the real estate developments whose marketing is managed by INVESTHOME. Acceptance of these Terms is an essential requirement for requesting and maintaining access to the Portal. 2. Ownership and purpose of the Portal The Portal is owned by INVESTHOME 2015, S.L., the company responsible for its management, administration and maintenance. The information, documentation and materials available on the Portal relate to real estate developments whose marketing has been entrusted to INVESTHOME under the corresponding agreements signed with the developer companies or, where applicable, with companies acting as delegated developers. Access to the Portal is strictly professional in nature and is granted for the sole purpose of facilitating authorized commercial activity. Authorization to access the Portal does not, in itself, constitute authorization to market any development, nor does it create any contractual relationship with the developer companies responsible for the projects. 3. Confidentiality and intellectual property All information contained on the Portal is strictly confidential. The User undertakes to use such information exclusively for the development of their professional activity and only with respect to those developments for which they have been expressly authorized. In particular, the User undertakes to: • Keep their access credentials confidential. • Not provide third parties with access to the Portal. • Not copy, reproduce, distribute, publicly communicate or disclose the documentation without INVESTHOME's express written authorization. • Not use the information for purposes other than those expressly authorized. • Respect the intellectual and industrial property rights over all documents, plans, renders, images, specification sheets, price lists, marketing materials, trademarks, logos and other content available on the Portal. These confidentiality obligations shall remain in force indefinitely, even after cancellation, suspension or revocation of access to the Portal, without prejudice to any specific terms that may be established in the contract or collaboration document applicable to each development. Breach of the confidentiality obligations shall entitle INVESTHOME, without prejudice to the immediate revocation of access, to claim compensation from the User for the damages actually caused. 4. Protection of personal data Personal data provided during the registration process will be processed by INVESTHOME 2015, S.L., as data controller, for the following purposes and legal bases: • Managing the request and granting of access to the Portal — Performance of pre-contractual measures at the data subject's request (art. 6.1.b GDPR) • Verifying the applicant's identity and administering the user account — Performance of the contractual/professional relationship (art. 6.1.b GDPR) • Managing the professional relationship maintained with the User — Performance of the contractual/professional relationship (art. 6.1.b GDPR) • Sending communications related to the developments being marketed — INVESTHOME's legitimate interest in the development of its commercial activity (art. 6.1.f GDPR) • Complying with legal and contractual obligations arising from the professional relationship — Compliance with a legal obligation (art. 6.1.c GDPR) Data will be kept for the duration of the professional relationship and, once it has ended, for the statutory limitation periods applicable to any liability arising from that relationship. When necessary for the formalization or performance of the corresponding commercial relationship, INVESTHOME may disclose the strictly necessary data to the developer company or delegated developer responsible for the relevant development, which will act, as applicable, as an independent data controller or, where applicable, under the corresponding data processing agreement signed with INVESTHOME pursuant to Article 28 GDPR. INVESTHOME does not carry out international data transfers outside the European Economic Area unless strictly necessary for the provision of the service, in which case the safeguards set out in Chapter V of the GDPR will apply. Personal data will be processed in accordance with Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), and Organic Law 3/2018 on the Protection of Personal Data and the guarantee of digital rights (Spain). The User may exercise their rights of access, rectification, erasure, objection, restriction of processing and data portability, as well as any other right recognized by applicable regulations, by sending a request to coordinacion@investhome.es. Likewise, if the User considers that the processing of their data does not comply with current regulations, they may file a complaint with the Spanish Data Protection Agency (www.aepd.es). 5. Access request and authorization Submitting a request for access to the Portal does not create any right to its being granted. INVESTHOME reserves the right to approve, deny, suspend or revoke access to the Portal where there are organizational, commercial, security or regulatory compliance reasons, or in the event of breach of these Terms, without this giving rise to any right to compensation in favor of the User. Access credentials are personal and non-transferable; the User is solely responsible for their proper safekeeping and use, as well as for any consequences arising from their misuse or transfer to third parties. 6. Scope of access to the Portal Authorization to access the Portal is granted for the sole purpose of allowing the User to consult the commercial and technical information relating to the developments managed by INVESTHOME. Access to the Portal does not constitute authorization to market any development, nor does it create any right to receive commissions, representation, exclusivity or any other right of a commercial nature. The marketing of each development will in all cases require the prior execution of the corresponding contract or collaboration document applicable to that development, which contract shall govern the economic and commercial terms of the collaboration. 7. Availability of the Portal and limitation of liability INVESTHOME will endeavor to keep the Portal operational and up to date, although it does not guarantee its continuous and uninterrupted availability, and may temporarily suspend it for maintenance, updates or force majeure reasons. The technical and commercial documentation available on the Portal (plans, specification sheets, prices, delivery times and other information) is provided for information purposes only and may be modified by the developer companies without prior notice. INVESTHOME does not guarantee the accuracy, currency or completeness of such information; it is the User's responsibility to verify it before any commercial transaction. INVESTHOME will not be liable for any damages arising from the User's misuse of the Portal or its content, nor for any commercial decisions made by the User based on the information available on it. 8. Amendment of the Terms INVESTHOME may amend these Terms at any time to adapt them to legislative, technical or organizational developments. Amendments will be notified to the User through the Portal itself and, to take effect, will require the User's renewed express acceptance on their next access. 9. Governing law and jurisdiction These Terms are governed by Spanish law. For the resolution of any dispute arising from the interpretation or performance of these Terms, the parties submit to the Courts and Tribunals of Estepona, expressly waiving any other jurisdiction that may correspond to them, unless applicable law mandatorily provides otherwise. 10. Acceptance By checking the box «I have read and accept the Terms and Conditions of Access to the INVESTHOME Professional Portal», the User declares that they have read this document in full, understand its content and expressly accept all of its clauses. Acceptance will be recorded electronically by INVESTHOME together with the date and time of acceptance, the IP address, the User's identifier and any other technical data necessary to prove acceptance of these Terms.