Privacy Policy and Terms of Use

This website (hereinafter referred to as the “Site”) provides comprehensive information, products, and services pertaining to the field of real estate (collectively referred to as the “Services”) offered by Gandia Luxe Living. We oversee the operation of this Site and may engage third-party contractors to facilitate the delivery of the Services and support the Site’s functionality (collectively, “Service Providers”).

If you are a visitor to this Site, this Privacy Policy and Terms of Use are applicable to you. This document outlines our policies and practices regarding the collection, use, and disclosure of your personal information in connection with your use of the Site. We serve as the controller of your personal data, and our Service Providers assist us in providing the Services solely in their capacities as service providers and data processors.

This Privacy Policy and Terms of Use are not applicable to any websites, applications, or online services that do not provide a direct link to this Policy, including other services offered by our organization or by our Service Providers. Should you have any inquiries regarding our use of your personal information, please contact us using the contact information provided in Section 12 below.

Personal Information We Collect

We gather information from you through various methods when you access or utilize the Site or otherwise engage with the Services. This information may encompass:

Information You Provide to Us

The contact information you provide may include your first and last name, email address, home address, and phone number. Furthermore, it encompasses any feedback or correspondence you submit when you contact us with inquiries, comments, or other communications. In addition, marketing information may be collected, including your preferences for receiving updates regarding our activities, events, and publications, as well as details about your engagement with such communications. We may also gather other information that you voluntarily provide, or that is necessary to facilitate your interactions with us through the Site or Services.

Information We Obtain from Third Parties

Social Media Information: Our organization maintains pages on various social media platforms, including Facebook, LinkedIn, and Instagram, as well as third-party services. When you visit or interact with these pages, the privacy policies of the respective platform providers will govern your interactions, including their collection, use, and processing of your personal information. Information may be exchanged between you and the platforms, which may also be shared with us. We will manage such information in accordance with this Privacy Policy and our Terms of Use.

Data Enrichment Sources: We may acquire additional information about individuals from third-party data providers, including property and public records databases, demographic and behavioral data, publicly accessible social media profiles, and other commercially available data sources. This information enables us to offer more pertinent services and tailored communications.

Other sources: We may acquire your personal information from third-party sources, including analytics services, marketing partners, publicly available information, and data providers.

CRM and Communication Data

Should you engage with us through email, text messages, or other electronic communication methods, or if we employ customer relationship management (CRM) tools to oversee our interactions, we may collect and process the following types of information: the content of email messages, headers, metadata, and attachments; the content and metadata of text messages; communication timestamps, read receipts, and delivery status; contact information and communication history; as well as notes and records pertaining to our interactions with you.

Our CRM services may synchronize with email accounts to enhance communication management. When email synchronization is enabled, information from emails you exchange with us may be processed and stored. This encompasses email content, sender and recipient details, timestamps, and attachments. We utilize this information to improve the quality of our service, maintain accurate records, and facilitate effective follow-up communications.

Automatic Data Collection

We, along with our service providers, may automatically log information about you, your computer or mobile device, and your interactions over time with our services, communications, and other online platforms. This information may include:

Device Data: This refers to information such as the operating system type and version of your device, its manufacturer and model, the type of browser used, screen resolution, device classification, IP address, unique identifiers, language settings, mobile carrier, and general location data, including city, state, or geographic area.

Online Activity Data: This encompasses details such as the pages or screens you have viewed, the duration of your engagement with each page or screen, browsing history, navigation paths between pages or screens, specifics regarding your activity on a page or screen, access times, duration of access, and whether you have opened our marketing emails or engaged with links contained within them.

We employ several tools for the automatic collection of data, which include:

Cookies – These are small text files stored on a visitor’s device by websites. They uniquely identify the visitor’s browser and retain information or settings within that browser.
Local Storage Technologies – These include mechanisms such as HTML5, which offer functionality similar to cookies but are capable of storing larger volumes of data.
Web Beacons – Commonly referred to as pixel tags or clear GIFs, these tools are utilized to confirm whether a webpage or email has been accessed or opened, as well as to ascertain if specific content has been viewed or interacted with.

How We (and Our Service Providers) May Use Your Personal Information

We may employ your personal information for the following purposes:

To Provide and Operate Our Services and Website: We utilize your information to deliver, manage, and enhance our Services and website. This includes communicating with you regarding our Services and business operations by disseminating announcements, updates, security alerts, and administrative messages. Additionally, we offer support and respond to inquiries, questions, and feedback.

To Manage Our Relationship with You: We employ customer relationship management (CRM) tools and services to maintain comprehensive records of our communications, track your preferences and interests, and ensure personalized service. This process may involve analyzing your interactions with us to better understand your needs and preferences.

To Send Follow-Up Communications: Should you choose to receive follow-up communications, we (or our service providers) may, as permitted by law, reach out to you periodically through phone calls, emails, or SMS text messages. Some of these communications may utilize artificial or prerecorded voices. You retain the option to opt out of such communications as delineated in Section 6 below.

To send you marketing and promotional communications: If you have consented to receive them, we (or our Service Providers) may, from time to time, send you direct marketing messages in accordance with applicable laws. These communications may be delivered by phone calls, emails, and SMS text messages, some of which may use artificial or prerecorded voices. Except as outlined in Section 4 below, your information will not be disclosed to third parties for marketing or promotional purposes. You may opt out of receiving such communications as detailed in Section 6 below.

To comply with legal obligations, our Service Providers or we may find it necessary or appropriate to comply with relevant laws, respond to lawful requests, and engage in legal processes. This may include responding to subpoenas or inquiries from governmental authorities.

To ensure compliance, prevent fraud, and uphold the rights, privacy, and safety of our organization, our clients, and third parties, we are dedicated to safeguarding the rights, privacy, and property of our organization, our clients, and third parties. This commitment involves the formulation and defense of legal claims, the enforcement of the terms and conditions that regulate our services, and the prevention and investigation of fraudulent, harmful, unauthorized, unethical, or illegal activities.

To generate anonymous data, we may use personal information from you and other individuals from whom we have collected it. This process involves transforming personal information into anonymous data by removing any elements that could make it personally identifiable. We may use this anonymous data and share it with third parties for legitimate business purposes, including analyzing and enhancing our services, conducting research, and promoting our business objectives.

Use of Artificial Intelligence

We employ artificial intelligence (AI) and machine learning technologies to enhance the quality and functionality of our Services. This section delineates the application of AI in the context of the Site and Services.

AI-Generated Content

We may employ artificial intelligence technologies to generate, assist with, or enhance the content displayed on our website or provided through our services. This encompasses property descriptions, listing information, blog posts, articles, and other written materials, as well as social media content, marketing collateral, email communications, newsletters, advertising copy, and promotional materials.

AI-generated content is developed utilizing large language models and various machine learning systems. While we conduct reviews of such content to ensure accuracy and appropriateness, it may still include errors, omissions, or inaccuracies. Consequently, it is advisable not to rely exclusively on AI-generated content when making significant decisions, including those related to real estate transactions, without independently verifying the information presented.

AI-Assisted Communications

We may utilize artificial intelligence to enhance our communication processes, which includes drafting and suggesting responses to inquiries, analyzing communication patterns to improve service effectiveness, providing automated responses to frequently asked questions, and prioritizing and categorizing incoming communications.

When artificial intelligence facilitates communication, a human reviewer may evaluate and authorize messages before they are dispatched. Nevertheless, certain automated responses may be transmitted without individual human oversight.

AI-Based Analysis and Recommendations

We may utilize artificial intelligence (AI) to analyze data and provide informed recommendations. This may involve identifying potential opportunities based on your expressed preferences and behaviors, suggesting properties that align with your criteria, assessing market trends and conditions, and optimizing the timing and content of our communications.

The analyses and recommendations provided by this AI are intended solely for informational purposes and should not be construed as professional advice. It is essential that significant decisions be made in consultation with qualified professionals.

Your Rights Pertaining to Artificial Intelligence

You possess the following rights:

To request information regarding the use of artificial intelligence in the generation of specific content.
To seek a human review of significant decisions that have been made with the assistance of artificial intelligence.
To opt out of certain AI-powered features, provided this option is technically feasible.
To offer feedback on content or recommendations generated by artificial intelligence.

To exercise these rights or to inquire about our utilization of artificial intelligence, please contact us using the information provided in Section 12 below.

How We Disclose Your Personal Information

We do not engage in the “sale” of personal information as defined by applicable laws. However, we may disclose your personal information in accordance with the descriptions provided below and in other sections of this Privacy Policy and Terms of Use. We may share your personal information with:

Our employees, contractors, partners, and affiliates are dedicated to facilitating effective interactions with our organization.

Our Service Providers encompass both companies and individuals who deliver services on our behalf or facilitate the provision of our Services, the operation of our Site, or the overall functioning of our business. These services may include, but are not limited to, hosting, information technology support, customer relationship management (CRM), email delivery, artificial intelligence (AI) and machine learning services, as well as website analytics.

Professional advisors: We may disclose your personal information to professional advisors, including lawyers, bankers, auditors, and insurers, when it is necessary for the provision of their professional services to us or our service providers.

For compliance, fraud prevention, and safety: In order to ensure compliance, mitigate fraud, and enhance safety, we or our service providers may share your personal information for the aforementioned purposes.

Business Transfers: We, or our Service Providers, may sell, transfer, or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction or potential business transaction. Such transactions may include corporate divestitures, mergers, consolidations, acquisitions, reorganizations, or the sale of assets, as well as circumstances involving bankruptcy or dissolution. In these instances, we will take reasonable measures to ensure that the recipient adheres to this Privacy Policy and our Terms of Use.

Except as explicitly stated herein, data shall not be shared with third parties for marketing or promotional purposes. We shall not disclose any personal information, including phone numbers and SMS consent, to any third parties for marketing purposes.

Advertising and Tracking Technologies

We may employ advertising and tracking technologies to deliver pertinent advertisements and evaluate the effectiveness of our marketing initiatives.

Third-Party Advertising Platforms

We may share specific information with third-party advertising platforms, including Meta (Facebook/Instagram), Google, and other advertising networks. This sharing is conducted for several purposes:

To deliver targeted advertisements based on your interests and interactions with our website.
To assess the effectiveness of our advertising campaigns.
To create audiences of similar users for advertising purposes, commonly referred to as “lookalike audiences.”
To track conversions and evaluate the performance of our advertising initiatives.

When you access our Site, third-party advertising platforms may collect information using cookies, pixels, and similar technologies. This data may encompass your device identifiers, browsing behaviors, and interactions with our advertisements.

Tracking Pixels and Conversion Events

We employ tracking pixels, also known as web beacons or clear GIFs, on our website for several key purposes. These include monitoring user interactions with our content, assessing the efficacy of our email marketing campaigns, attributing conversions to specific advertising initiatives, and analyzing user behavior on our platform.

The tracking technologies employed may transmit information to third-party platforms, including details about the pages you visit, the actions you take on our Site, and data about your device.

Interest-Based Advertising

We engage in interest-based advertising, which means you may encounter our advertisements on external websites and platforms that align with your browsing behavior and inferred interests. Third-party advertising platforms employ cookies and similar technologies to collect data regarding your online activities across different websites and services. This information allows them to present you with advertisements that are more relevant and tailored to your preferences.

Privacy Choices and Opt-Outs

You have the following options with respect to the collection and utilization of your personal information:

Online Tracking Opt-Out

There are several methods available for individuals seeking to opt out of the collection of their online activity and device data through our services:

Cookie Management: Users may choose to block cookies within their web browsers. Most browsers provide functionality to remove or reject cookies, including those utilized for interest-based advertising. For guidance on this process, please refer to the instructions within your browser settings. Additionally, for comprehensive information regarding cookies—such as how to identify which cookies are set on your device and how to manage or delete them—please visit allaboutcookies.org.
Advertising ID Restrictions: In mobile device settings, users may have the option to restrict the use of the advertising ID assigned to their device, thereby limiting its application for interest-based advertising purposes.
Utilization of Privacy-Oriented Browsers or Extensions: It is advisable to employ browsers equipped with privacy features, such as Brave, or to install privacy-focused browser extensions, including Privacy Badger, DuckDuckGo, Ghostery, or uBlock Origin. These tools can effectively prevent our services from placing cookies for third-party analytics or interest-based advertising.

Platform Opt-Outs

The following advertising partners provide opt-out options that allow individuals to prevent their information from being used for interest-based advertising:

Advertising Industry Opt-Out Tools

You may exercise the available opt-out options to restrict the use of your information for interest-based advertising by participating companies. These options are provided by:

Please be advised that the opt-out mechanisms are specific to the device or browser on which they are implemented. Therefore, it is necessary to opt out on each browser and device you utilize.

Do Not Track

Certain Internet browsers may be configured to transmit “Do Not Track” signals to the online services that users access. Currently, our organization does not respond to “Do Not Track” or similar signals. To gain further insights into “Do Not Track,” please visit allaboutdnt.com.

SMS Communications Opt-Out

To discontinue receiving SMS communications, please respond with “STOP” to any SMS message you receive.

Email Communications Opt-Out

You may opt to unsubscribe from our email updates at any time by selecting the unsubscribe link provided in the email.

Privacy Rights

You have the right to submit requests regarding your personal information, subject to your geographic location and the nature of your interactions with our Site and Services. These rights may encompass the following:

Access to Information: You may request information regarding the manner in which we have collected and utilized your personal information. For your convenience, we have included this information within our Privacy Policy and Terms of Use, thereby alleviating the need for a separate request.
Access to Personal Data: You are entitled to request a copy of the personal information we have gathered about you. When applicable, we will provide this information in a portable, machine-readable format to facilitate ease of use.
Correction of Inaccurate Information: You may seek to rectify any personal information that you find to be inaccurate or outdated.
Deletion of Personal Information: You have the right to request the deletion of personal information that is no longer necessary for the provision of our services or for lawful purposes.
Additional Rights: You may also have further rights, such as the ability to object to our use of your personal information or to request a restriction on our usage. Where applicable, you may withdraw your consent as well.

Should you have any inquiries or require further assistance, please do not hesitate to contact us.

Data Retention

We retain personal information for the duration necessary to achieve the objectives for which it was originally collected. This includes fulfilling any legal, accounting, or reporting obligations and delivering our Services to you.

The retention period for personal information depends on the context and the nature of our relationship with you. The following outlines our data retention practices:

Contact Information and Communication Records: These records are generally retained for the duration of our relationship with you, followed by a reasonable period to facilitate follow-up communications and ensure compliance with legal obligations.
Customer Relationship Management (CRM) Data, including Email Synchronization Data: This data is retained for as long as you maintain an active relationship with us, unless a longer retention period is mandated by law.
Transactional Records: These records may be retained to adhere to legal and regulatory requirements.
Marketing Preferences: Your preferences are maintained until you choose to update them or withdraw consent.

Should you have any inquiries regarding our data retention policy, please do not hesitate to reach out.

When personal information is no longer necessary for the purposes for which it was collected, we shall ensure its secure deletion or anonymization. In certain cases, we may retain specific information in an anonymized or aggregated format for analytical purposes.

Third Party Services

The Site and Services may contain hyperlinks to websites and other online services operated by third parties. Furthermore, our content may be incorporated into web pages or other online services that are not affiliated with our organization. The presence of these links and integrations does not constitute an endorsement, nor does it indicate any affiliation with the third parties involved. We do not exercise control over the websites or online services maintained by such third parties, and we assume no responsibility for their actions or policies.

Security

We implement a variety of technical, organizational, and physical safeguards designed to protect the personal information collected. Appropriate measures are taken to ensure a security level commensurate with the risks associated with processing personal data. We adhere to established industry standards to protect personal data and information during both transmission and storage. Nevertheless, it is important to acknowledge that no transmission method over the Internet or electronic storage method can be considered entirely secure. Consequently, while we strive to employ commercially reasonable measures to protect personal data, we cannot guarantee its absolute security.

Under the Age of 18

The services we provide are not intended for individuals under the age of 18. In the event that we identify the collection of personal information from a minor under 18 years of age, without the requisite consent from a parent or guardian as mandated by law, we will take immediate action to delete such information.

SMS Text Messaging Terms of Use

(i) Use of SMS Text Messaging

Gandia Luxe Living employs SMS messaging to confirm appointments, provide reminders, and inform clients of schedule updates or significant changes. Additionally, we leverage SMS text messaging for marketing and promotional initiatives. These initiatives include notifying clients of new property listings, announcing price reductions, inviting clients to upcoming open houses, and delivering periodic real estate market updates that are tailored to individual interests.

(ii) Unsubscribing from SMS Text Messaging

You are permitted to cancel the SMS service at any time by sending the text “STOP.” Upon receipt of your cancellation request, we will send you a confirmation SMS indicating that you have been successfully unsubscribed. Following this confirmation, you will no longer receive SMS communications from us. Should you wish to re-enroll in the service at a later date, you may do so by signing up in the same manner as before, and we will resume sending SMS messages to you.

(III) Assistance

If you are encountering difficulties with the messaging program, please respond with the keyword “HELP” to receive further assistance. Alternatively, you may obtain support directly by contacting gandialuxeliving@gmail.com.

(IV) Carrier Liability

Carriers shall not be held liable for any delays or failures in the delivery of messages.

(V) Frequency and Data Rates

Please be advised that standard messaging and data rates may apply for any communications exchanged between you and our organization. The frequency of messages may vary. Should you have any inquiries regarding your text messaging or data plan, it is advisable to consult your wireless service provider for further assistance.

Changes to this Privacy Policy and Terms of Use

We retain the right to amend this Privacy Policy and Terms of Use at any time. Should we implement substantial changes to this document, we will notify you by updating the date herein and making the revised version available on our website.

Categories of Personal Information Collected

Over the course of the past 12 months, we may have collected various categories of personal information, including the following:

Identifiers: This category encompasses details such as your name, email address, phone number, and IP address.
Commercial Information: This includes data related to your property preferences and transaction history.
Internet or Electronic Network Activity: This refers to your browsing history and your interactions with our website.
Geolocation Data: This consists of location information, such as the city and state derived from your IP address.
Professional or Employment-Related Information: This may be collected if provided by you.
Inferences: We may draw inferences regarding your preferences and characteristics based on the aforementioned information.
Sensitive Personal Information: This is collected solely if voluntarily provided, such as account credentials.

We are committed to respecting your privacy and ensuring the responsible handling of your information.

(i) Requests to Know

You possess the right to request the following information regarding your Personal Data:

The categories of Personal Data that we have collected about you.
The categories of Personal Data pertaining to you that we have sold or disclosed for business purposes.
The sources from which we have obtained your Personal Data.
The business or commercial purposes for which your Personal Data has been collected or sold.
The specific categories of Personal Data that have been sold or shared, along with the corresponding third parties to whom this data was sold. This information will be provided by category of Personal Data for each recipient.
The specific items of Personal Data that have been collected.
The duration for which your Personal Data will be retained.

To submit a request for this information, please utilize the address or email mentioned in Section 12. We may respond to your request either electronically or via postal mail. Please be advised that we are not required to respond to such requests more than twice during a 12-month period.

(ii) Requests to Delete or Correct

Individuals have the right to request the deletion of any personal data that we have collected about them, as well as to correct any inaccuracies in their personal data. Upon receiving a verified request to delete personal data, we will proceed with the deletion unless otherwise required by applicable laws.

(iii) Authorized Agents

You are permitted to designate an authorized agent to submit requests on your behalf. In order to do so, you must provide written authorization to the agent, granting them permission to act in your stead. Please note that we may require you to confirm your identity directly with us. Alternatively, an authorized agent who has been granted power of attorney in accordance with Probate Code sections 4000–4465 is entitled to submit a request on your behalf without the need for further verification.

(iv) Methods for Submitting Consumer Requests and Our Response to Requests

Individuals may submit requests to access or delete their Personal Data by contacting us via email at gandialuxeliving@gmail.com

Upon receipt of a request, we may require additional information to verify the requester’s identity. This information will solely be used for verification purposes and for no other reason. We will acknowledge the receipt of your request within ten (10) business days. Subject to our ability to verify your identity, we will respond to your request within 45 calendar days. If additional time is required (up to 90 days), we will communicate the reasons for the delay and the extended timeframe in writing.

All disclosures provided will pertain exclusively to the 12-month period preceding the receipt of the verifiable request. Our response will also detail any reasons for non-compliance with a request, as applicable. We do not impose a fee for processing or responding to verifiable requests unless they are deemed excessive, repetitive, or manifestly unfounded. Should a fee be applicable, we will provide an explanation for this determination, along with a cost estimate, prior to fulfilling your request.

(v) The Right to Non-Discrimination

Individuals possess the right to be free from discrimination when exercising their California privacy rights as outlined above.

(vi) Selling and Sharing of Personal Data

We may utilize your Personal Data for the purposes delineated in Section 2 of this Policy and may disclose your Personal Data as further detailed in Section 4. Under California law, businesses that “sell” or “share” Personal Data with third parties for “cross-context behavioral advertising,” as defined by the CCPA, are subject to certain obligations.

We may “share” specific personal information, including device identifiers and browsing activity, with our advertising partners for cross-context behavioral advertising, as described in Section 5. You retain the right to opt out of this sharing. To exercise this right, please contact us via email at gandialuxeliving@gmail.com

We do not engage in the “sale” of Personal Data as defined under the CCPA.

(vii) Sensitive Personal Data

Certain types of personal data may be classified as sensitive personal information under various privacy regulations, including the California Consumer Privacy Act (CCPA). Sensitive personal information may encompass several categories, such as government-issued identification numbers, information pertaining to an individual’s race or ethnic origin, political affiliations, religious beliefs, physical or mental health conditions, sexual orientation, and membership in trade unions. Furthermore, it may include details regarding an individual’s criminal offenses or convictions, along with any other information deemed sensitive under relevant data protection legislation.

The CCPA provides consumers with the right to limit the usage of their sensitive personal information to designated business purposes. It is important to note that we do not solicit sensitive personal information in connection with the use of our Site, aside from account credentials, which are exclusively utilized for the creation and security of user accounts.

(viii) How We Respond to Do Not Track Signals

We do not track users of our website over time or across third-party websites for the purpose of delivering targeted advertising. Consequently, we do not respond to web browser “do not track” signals or other mechanisms that enable consumers to exercise control over the collection of their personal data related to online activities over time and across different websites or services. However, we recognize Global Privacy Control (GPC) signals as legitimate opt-out requests under the California Consumer Privacy Act (CCPA).