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Terms & Conditions

Please read these terms carefully before using Immosurance.

Find here the following topics:

INTRODUCTION
TERMS OF USING OUR SERVICES
DATA POLICY
GDPR
LICENSES TERMS

Introduction

Teknosurance builds & delivers technologies and services that enable businesses to commercialise, and manage real estate properties and transactions, and comply with legal obligations to the best of our abilities. These Terms govern your use of Immosurance and the related products, features, apps, services, technologies and software that we offer (Products), except where we expressly state that separate terms (and not these) apply. These Products are provided to you by Teknosurance S.L.

Teknosurance builds & delivers technologies and services that enable businesses to commercialise, and manage real estate properties and transactions, and comply with legal obligations to the best of our abilities. These Terms govern your use of Immosurance and the related products, features, apps, services, technologies and software that we offer (Products), except where we expressly state that separate terms (and not these) apply. These Products are provided to you by Teknosurance S.L.

We charge you to use Immosurance or the other products and services covered by these Terms, except for trial use also known as Freemium use. By using our Products, you agree to all the terms described here and in related agreements found within our solutions.

We don't sell your personal data to anyone, nor any of the transactional data which belongs to you, and we don't share information that directly identifies you (such as your name, email address or other contact information) with anyone unless you give us specific permission. We do use aggregated data from our users for the benefit of all users, yet without identifying you.

Terms of using our Services

A.     The services we provide

Our mission is to provide excellent tools for real estate businesses to increase productivity & transactions through best-business practices in all of our software solutions, consulting services, digital marketing, compliance solutions and other technology solutions. To help advance this mission, we provide the products and services described below to you:

Provide a personalized experience for you:

Your experience with Immosurance is unlike any other real estate solution: from the very customizable user interface for each of your offices, menus, authorization roles, and individual user settings, through the configuration of the many options, tables and values, making the solution totally yours, branded in your colours and brand(s).

Empower you to express yourself and communicate about what matters to you:

There are many ways to express yourself in Immosurance and to communicate with clients, partners, colleagues and others about what matters to you – for example, sending messages to a contact or a group of people, creating groups, or adding content to your agency. We have also developed, and continue to explore, new ways for people to use technology, such as applying AI in for assistance the integrated virtual assistant from Teknosurance and much more.

Help you discover content, products and services that may interest you:

We show you through videos and other media, offers and other content to help you discover new ways to transact and manage the compliance of your business. 

Use and develop advanced technologies to provide safe and functional services for everyone:

We use and develop advanced technologies backed by the highest levels of security, mirroring of data, back-ups, and always controlled by the authorization roles so that people can use our Products safely regardless geographic location from any type of device, screen size or operating system.

Research ways to make our services better:

We engage in research to continuously develop to evolve constantly, test and improve our Products. This includes analysing the data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. We also work together with our users to define improvements and new functions as we believe that our users know best what they need in their daily business. Furthermore, we work with industry experts and legal advisors on the legislations relevant to the solutions provided.

Provide consistent and seamless experiences across the Immosurance Company Products:

Our Products help you to improve your productivity and comply with rules and regulations, increase positive results, reduce costs and connect with people, groups, businesses, organizations and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Company Products that you use.

Enable global access to our services:

To operate our global service, we need to store and distribute content and data in our data centres and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Teknosurance S.L., or its technology partners.

B.     How our services are funded

The development, maintenance and use of Immosurance and the other products and services we offer, are funded through licenses fees based on the number of users in your organization, the types of users, and the Products used, as well as digital services provided within Immosurance.

Protecting people's privacy is central to how we've designed our system. This means that we can show you relevant and useful information without telling anyone who you are or where the information comes from, often aggregated from a large group of data. We don't sell your personal data.

We also provide users with reports about the performance of aggregated data from large groups of users across the platform to help them understand how people are interacting with this aggregated content on and off Immosurance. We don't share information that directly identifies you or any of our users (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission.

C.    Your commitments to Immosurance and our community

We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:

Who can use Immosurance

Any real estate professional who likes to improve their business through our advanced solutions. Therefore, required are:

                 one person represents one user (one license) and users cannot be shared between persons;

                 provide accurate information about yourself in your company and user profile;

                 either access Immosurance with a Demo user, a Freemium (trial) user, or a licensed user which license is paid current for the period ahead as specified in our Licenses Terms;

                 the contracted business or person responsible for that business, assumes all responsibility for the use of any of the users in their business accessing Immosurance or other Products;

                 not share your password, give access to your Immosurance account to others or transfer your account to anyone else (without our permission).

We try to make Immosurance broadly available to any real estate professional, but you cannot use Immosurance if:

                 you are under 18 years old;

                 you violate any of the license agreement terms & conditions;

                 we've previously disabled your account for breaches of our Terms or Policies, until we have agreed in writing you are approved to continue using our Products;

                 you are prohibited from receiving our products, services or software under applicable laws.

What you can share and do on Immosurance

We want people to use Immosurance to their business and to share content that they deem necessary or advantageous to their business, but not at the expense of the safety and well-being of others or the integrity of our solution. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

1.      You may not use our Products to do or share anything:

·        that breaches these Terms that apply to your use of Immosurance;

·        that is unlawful, misleading, discriminatory or fraudulent;

·        that infringes or breaches someone else's rights, including their intellectual property rights.

2.      You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Products.

3.      You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data that you do not have permission to access.

We can remove or block content that is in breach of these provisions.

If we remove content that you have shared for breach of our Terms, we'll let you know and explain any options that you have to request another review, unless you seriously or repeatedly breach these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. 

The permissions you give us

We need certain permissions from you to provide our services:

1.      Permission to use content that you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.

You own the intellectual property rights (things such as copyright or trademarks) in any such content that you create and share on Immosurance and the other Company Products you use. Nothing in these Terms takes away the rights you have to your own content. You may share your content with anyone else, wherever you want.

However, to provide our services, we need you to give us some legal permissions (known as a ‘license') to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.

Specifically, when you share, post or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide license to host, copy, use to include in aggregated data which does not reveal the origin or identity of this data, translate and create derivative works of your content (consistent with our Data Policy and application settings). This means, for example, that if you share information on Immosurance, you give us permission to store, copy and share it with others such as service providers that support our service or other Immosurance Products you use, to the extent required to perform the services provided by Immosurance. This license will end when your content is deleted from our systems.

 

You can delete your account if you no longer want to use the product. You can export your data at any time before deleting your account.

 

Who can delete the Business account

Any user with Admin access can deactivate/delete the account.

 

What happens when you delete your account

You will no longer be able to login to your account. We maintain the Business in backup for a few weeks of time to give you the opportunity to reactivate it. This period can be extended if any judicial reason or request for it exists which requires to maintain the data available.

 

How to reactivate the account

To reactivate your account, unless you create a new one with another email address and Business data, you need to contact our support at [email protected] from the email address that is linked to your Business in Immosurance. We then will reactivate it and inform you as soon as that is done. This usually takes less than 1 business day.

When you delete content, it’s no longer visible to other users; however, it may continue to exist elsewhere on our systems where:

        immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);

        your content has been used by others in accordance with this license and they have not deleted it (in which case, this license will continue to apply until that content is deleted); or

        where immediate deletion would restrict our ability to:

·        investigate or identify illegal activity or breaches of our Terms and Policies (for example, to identify or investigate misuse of our Products or systems);

·        comply with a legal obligation, such as the preservation of evidence; or

·        comply with a request of a judicial or administrative authority, law enforcement or a government agency;

in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

In each of the above cases, this license will continue until the content has been fully deleted.

 

2.      Permission to use your company name, logo and general information: You give us permission to use your company name, logo and information about company that you have taken on Immosurance next to or in connection with usage, offers and other content that we display across our Products, without any compensation to you. For example, we may show businesses and people that you are using Immosurance and/or any or our Products.

 

3.      Permission to update software that you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.

Limits on using our intellectual property

If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos or sounds that we provide, which you add to content that you create or share on Immosurance), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.

D.    Brand Usage Guidelines

How to submit a request

Submit a request for permission when you need to use brand assets from our family of Products and technologies in any of the following:

                 Marketing or advertising that appears on TV or online

                 Print medium

                 Press release of any kind

All other forms of marketing do not require permission but must use the officially provided assets and abide by the guidelines on this site. Please note that we can only process requests made in English.

E.      Bugs definition and fixing

What is a considered a bug?

A computer bug definition is referred to as a failure or a flaw in a software program causing the software not to complete a process or provide a wrong result (e.g. calculation error). A Bug produces an incorrect or undesired result that deviates from the expected result or behaviour. A calculation that displays the sum of two numbers, resulting in a wrong total, then we can say this app has a bug.

Every software application goes through several testing cycles before they are released to the end-users. Teknosurance testing teams test the application using a set of test cases written based on the requirements. While executing these test cases if the testers find any unexpected result, they mark it as a bug and report to the developers to get it fixed. Also, an endorser may encounter a bug by using the system, which then can be reported in the ticket system.

Every software bug has a life cycle. The moment a bug is discovered, it is in the “new” state. When it is reported to a developer, the state becomes “assigned”. While the developer works on fixing the bug, it is in the “open” state. If the issue is fixed, it is marked as “fixed”. The testers and/or end-users test the application again to check if the issue persists. During this time the bug is in the “action required” state. If the issue no longer persists, the tester marks it as “verified” and then “closed” once it is confirmed. If the issue persists the bug is moved to the “re-opened” state.

What causes bugs in software?

A flaw or failure in a software program could occur due to the following reasons.

1.           Program errors that programmers create while coding the application. These could be logical errors, syntax errors and semantic errors.

2.           Frequent changes in the requirements and miscommunications among the clients, business analysts, developers and testers.

3.           A combination of actions and routines could lead to a bug.

4.           Updates of software components may cause a bug in another area of the software.

5.           Bugs caused by changes of external services and systems, interacting with the Teknosurance software.

Bug fixing and responsibilities

Bugs caused by internal programming that impact the correctness of a process and its outcome will always be fixed by Teknosurance and under its responsibility at own cost.

Bugs caused by changes in external systems, creating incompatibilities or wrong results however are not the responsibility of Teknosurance. Provided that the external software provider delivers a solution and clear instructions, integration issues will be addressed by Teknosurance to make the process run smoothly again. However, incorrect data or results provided by the external system or software are not a responsibility of Teknosurance and any solutions proposed or requested by clients could and likely would involve a cost for the client, equal to the time and effort required to implement the solution and possible licenses fees associated to such alternative solutions.

F.      Additional provisions

Updating our Terms

We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests.

We will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.

We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be part of the Immosurance community, you can close your account at any time.

Account suspension or termination

We want Immosurance to be a place where people feel welcome and safe to conduct business, express themselves and share their thoughts and ideas.

If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you infringe other people's intellectual property rights or where we are required to do so for legal reasons.

Where we take such action, we'll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

Limits on liability

Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights.

We will exercise professional diligence in providing our Products and services to you and in keeping a safe, secure and error-free environment. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control.

Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know upfront where it can be resolved and what laws will apply.

If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms or the Immosurance Products ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the Spain and that Spanish law will govern these Terms and any claim, without regard to conflict of law provisions.

Other

1.           These Terms make up the entire agreement between you and Teknosurance S.L. regarding your use of our Products. They supersede any prior agreements.

2.           Some of the Products that we offer are also governed by supplemental Terms. You also must agree to our Commercial Terms.

3.           If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

4.           You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

5.           These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

6.           We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

 

Data Policy

This Policy describes the information we process to support Immosurance, and other products and features offered by Teknosurance (Products).

1.     The kinds of information we collect

To provide the Teknosurance Products, we must process information about you. The type of information that we collect depends on how you use our Products. You can learn how to access and update information that we collect by visiting your Immosurance settings.

Things that you and others do and provide.

A.      Information and content you provide:

We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, sign-in and sign-out, create or share content and message or communicate with others. This can include what you see through features that we provide, so we can give you tips on how to best use the functions. Our systems automatically process content and communications that you and others provide to analyse context and what's in them for the purposes described below.

B.      Networks and connections.

We collect information about the external systems and tools that are connected and how you interact with them across our Products. We also collect connection information to detect irregularities or problems and be able to resolve them.

C.    Your usage.

We collect information about how you use our Products, such as the types of content that you view or engage with, the features you use, the actions you take, the people or accounts you interact with and the time, frequency and duration of your activities. For example, we log when you're using and have last used our Products. We also collect information about how you use features within Immosurance and other of our Products.

D.    Information about transactions made on our Products.

When performing financial transactions in our Products (such as adding credits to the Wallet), we collect information about the purchase or transaction. This includes payment information, such billing information, delivery and contact details. However, we use third party payment systems, where we do not store any of your financial information (such as your credit/debit card number). The information we store is mainly to allow for correct invoicing of your purchases.

E.      Things others do and information they provide about you.

We also receive and analyse content, communications and information that other people provide when they use our Products. This can include information about you, such as sync or import your contact information.

F.       Device information.

As described below, we collect information from and about the computers, phones, and other web-connected devices you use that integrate with our Products.

 

Information that we obtain from these devices includes:

                Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.

                Device operations: information about operations and behaviours performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).

                Identifiers: unique identifiers, device IDs and other identifiers, such as identifiers unique to Immosurance Company Products associated with the same device or account.

                Data from device settings: information that you allow us to receive through device settings that you turn on, such as access to your GPS location, camera or photos.

                Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed.

                Cookie data: data from cookies stored on your device, including cookie IDs and settings. Learn more about how we use cookies in the Teknosurance Cookies Policy.

2.     How we use this information

We use the information that we have (subject to choices you make) as described below, and to provide and support the Immosurance Products and related services described in the Immosurance Terms.

Here's how:

Provide, personalize and improve our Products

We use the information we have to deliver our Products, including to personalize features and content and make suggestions for you (such as groups or topics that you may be interested in) on and off our Products. To create personalized Products that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data that we collect and learn from you and others (including any data with special protections that you choose to provide where you have given your explicit consent); how you use and interact with our Products; and the people, places or things that you're connected to and interested in on and off our Products. Learn more about how we use information about you to personalize your Immosurance experience, including features, content and recommendations in Immosurance Products.

                Information across Teknosurance Products and devices: We connect information about your activities on different Immosurance Products and devices to provide a more tailored and consistent experience on all Teknosurance Products that you use, wherever you use them. For example, we can make your experience more seamless, for example, by automatically filling in your registration information (such as your phone number) from one Product when you sign up for an account on a different Product.

                Location-related information: We use location-related information – such as your current location, and the businesses and properties you're near – to provide, personalize and improve our Products, for you and others. Location-related information can be based on things such as precise device location (if you've allowed us to collect it), IP addresses and information from your and others' use of Immosurance Products.

                Product research and development: We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features.

Promote safety, integrity and security.

We use the information that we have to verify accounts and activity, combat harmful conduct, detect and prevent bad experiences, maintain the integrity of our Products, and promote safety and security on and off our Products. For example, we use data that we have to investigate suspicious activity or breaches of our Terms or Policies.

Communicate with you.

We use the information that we have to send you marketing communications, communicate with you about our Products and let you know about our Policies and Terms. We also use your information to respond to you when you contact us.

Research and innovate for a better user experience.

We use the information we have (including from research partners we collaborate with) to conduct & support research and innovation on topics of general usage, and technological advancement.

3.     How we share this information

Your information is shared with others in the following ways:

                Sharing between our Products

                Sharing between Immosurance and the integrated external services you choose to use

                Sharing via export of data

When you share and communicate using our Products, you choose the target audience for what you share. For example, when you use an integrated KYC service, the information that service requires to perform the service, is shared from Immosurance to the service provider via secure API connections.

Content that others share or reshare about you.

You should consider who you choose to share with, because people who can see your activity originating from our Products can choose to share it with others on and off our Products, including people and businesses outside the audience that you shared with. For example, when you share clients or transaction information via file exports, they can download, screenshot or reshare that content to others across or off our Products, in person or through electronic means.

Information about your active status or presence on our Products.

Only the authorized user roles in your Master Office as well as ourselves can see signals telling them whether you are active on our Products, including whether you are currently active on Immosurance, or when you last used our Products.

Apps, websites and third-party integrations on or using our Products.

When you choose to use third-party apps, websites or other services that use, or are integrated with, our Products, they can receive information about what you publish or share. However, the information accessible is limited to that information that you have shared or published, visually or in the code.

Sharing with third-party partners

We work with third-party partners who help us provide and improve our Products or who use Immosurance Business Tools to grow their businesses, which makes it possible to operate our companies and provide services to people around the world. We don't sell any of your information to anyone and we never will. We also impose strict restrictions on how our partners can use and disclose the data we provide. Here are the types of third parties that we share information with:

1.      Partners who use our analytics services.

We provide aggregated statistics and insights that help people and businesses understand how people are engaging with the Teknosurance Products. For example, we show aggregated demographic and other information that helps them understand interactions with their account.

2.      Measurement partners.

We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners.

3.      Partners offering services in our Products.

When you subscribe to receive premium content, or buy something from a seller in our Products, the content creator or seller can receive your public information and other information that you share with them, as well as the information needed to complete the transaction, including logistical and contact details.

4.      Service providers.

We provide information and content to service providers who support our business, such as by providing technical infrastructure services, analysing how our Products are used, providing customer service, facilitating payments or conducting surveys.

5.      Researchers and academics.

We also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that supports our business or mission and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health and well-being.

6.      Law enforcement or legal requests.

4.     Our legal basis for processing data

We collect, use and share the data that we have in the ways described above:

                as necessary to fulfil our Immosurance Terms of Service;

                consistent with your consent, which you may revoke at any time through the Immosurance settings;

                as necessary to comply with our legal obligations;

                to protect your vital interests, or those of others;

                as necessary in the public interest and

                as necessary for our legitimate interests, including our interests in providing an innovative, personalized, safe and profitable service to our users, unless those interests are overridden by your interests or fundamental rights that require protection of personal data.

5.     How you can exercise your rights provided under the GDPR

Under the General Data Protection Regulation, you have the right to access, rectify, port and erase your data. Learn more about these rights and find out how you can exercise your rights in the GDPR agreement. You also have the right to object to and restrict certain processing of your data. This includes:

                the right to object to our processing of your data for direct marketing, which you can exercise by using the "unsubscribe" link in such marketing communications, and

                the right to object to our processing of your data where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party.

6.     Data retention, account deactivation and deletion

We store data until it is no longer necessary to provide our services and Teknosurance Products or until your account is deleted – whichever comes first. This is a case-by-case determination that depends on things such as the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. For example, when you search for something on Immosurance, you can access and delete that query from within your search history at any time, but the log of that search is deleted after six months.

 

When you delete your account, we delete things that you have stored, such as your property photos and details, contacts information etc., and you won't be able to recover this information later. If you don't want to delete your account but want to temporarily stop using the Products, you can deactivate your account instead. To delete your account at any time, please contact us by opening a support ticket.

7.     How we respond to legal requests or prevent harm

We access, preserve and share your information with regulators, law enforcement or others:

                In response to a legal request, if we have a good-faith belief that the law requires us to do so. We can also respond to legal requests when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction and is consistent with internationally recognized standards.

                When we have a good-faith belief that it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, breaches of our Terms or Policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory enquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products.

                Information we receive about you (including financial transaction data related to purchases made with Immosurance) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for term breaches for at least a year to prevent repeat abuse or other term breaches.

8.     How we operate and transfer data as part of our services

We share information globally, both internally and externally with our partners and with those you connect and share with around the world in accordance with this Policy. Information controlled by Teknosurance will be transferred or transmitted to, or stored and processed in, Spain, France and United Kingdom or other countries outside where you live for the purposes as described in this Policy. These data transfers are necessary to provide the services set forth in the Immosurance Terms, and to globally operate and provide our Products to you. We utilize standard contractual clauses approved by the European Commission and rely on the European Commission's adequacy decisions about certain countries, as applicable, for data transfers from the EEA to other countries.

9.     How to contact Teknosurance with questions

If you have questions about this Policy, you can contact us as described below.

The data controller responsible for your information is Teknosurance, which you can contact online or by writing to:

Teknosurance S.L.

Calle Alfredo Palma s/n

Edificio Torrevigia B3 L3

29603 Marbella, Málaga

Spain

10.                                How we notify you of changes to this Policy

We'll notify you before we make changes to this Policy and give you the opportunity to review the revised Policy before you choose to continue using our Products.

 

GDPR

Our clients own their data and we are committed to safeguard that data, complying fully with international and national laws on Data Protection.

1.     DEFINITION OF PARTIES

The MANAGER OF DATA TREATMENT is Teknosurance, a company dedicated to providing INFORMATION SERVICES and SOFTWARE and is responsible for the files and treatment of personal data, complying with the obligations established in the regulations of Protection of Personal Data.

Teknosurance has obtained and treats legitimately the personal data, without there being any limitation that is contrary to what is stipulated in this contract.

The RESPONSIBLE OF DATA TREATMENT is your company ("User") or business dedicated to real estate commercialisation, among other services of its corporate purpose.

 

Both parties declare to know and comply with the obligations established in the current legislation on Data Protection, nationally, European, United States of America, South America, and Asia.

Between the parties there is a contractual relationship by which the MANAGER OF TREATMENT provides information technology and software services to manage real estate management, which includes the recording of personal data of individuals and companies which may involve processing personal data owned from the last latter. The access to this personal data is necessary for the provision of the service by the MANAGER OF DATA TREATMENT. For this reason, and in order to protect said data and comply with the requirements of the current regulations, both contracting parties sign this contract for the order of treatment, based on the following:

2.     STIPULATIONS

A.      OBJECT

                The MANAGER OF DATA TREATMENT, during the provision of the Services, will process the data, whose ownership corresponds to the RESPONSIBLE OF DATA TREATMENT.

                The processing of personal data necessary for the provision of this service assumes that the RESPONSIBLE OF DATA TREATMENT makes available to the MANAGER OF DATA TREATMENT all the information that is necessary for such purposes and that will include, among others, basic contact data of the company's employees, as well as the data stored in the company's systems hosting data from clients and suppliers.

                In any case, the ownership of these personal data will continue to correspond to the RESPONSIBLE OF DATA TREATMENT, who has obtained them legitimately, by virtue of informed consent and fulfilling all the requirements demanded by current regulations.

                This gives rise to an access to the data on behalf of a third party and not to a transfer or communication of personal data so that the person responsible for the treatment continues to have its uses and purposes under its control.

B.      TYPE OF ACCESS TO DATA AND SUPPORT BY THE MANAGER

                The service will be provided by the MANAGER OF DATA TREATMENT, both in their own premises, as in the offices of the RESPONSIBLE OF DATA TREATMENT.

                In addition, the RESPONSIBLE OF DATA TREATMENT, if necessary, will provide remote access to equipment, supports and resources of the information system to facilitate the provision of services, with express prohibition to the MANAGER OF DATA TREATMENT to incorporate the data to systems different from those of the FILE RESPONSIBLE.

 

3.     OBLIGATIONS OF THE MANAGER OF DATA TREATMENT

The MANAGER OF DATA TREATMENT and, where appropriate, all of its personnel are obliged to:

                Use personal data subject to treatment, or those collected for inclusion, only for the purpose of this assignment. In no case may you use the data for your own purposes or any other than those established.

                Treat the data according to the instructions The RESPONSIBLE OF DATA TREATMENT. If the controller considers that any of the instructions violates the data protection regulations, he will immediately inform the company.

                Not to disclose, transfer, assign or communicate in any other way the personal data, either verbally or in writing, by electronic means, paper or by means of computer access - even for its conservation - to any third party, except for the necessary assumptions to carry carried out the professional service requested and / or the authorisations that may have been granted. On the other hand, he may only allow access to the data to those employees who have the need to know them for the provision of the contracted services, with identical confidentiality and professional secrecy obligations.

                Therefore, the data cannot be communicated to third parties, unless with the express authorisation of the RESPONSIBLE OF DATA TREATMENT, or in those cases legally admissible. And in the event that the person in charge must transfer personal data to a third party or to an international organisation, by virtue of the applicable European Union law, he will inform the RESPONSIBLE OF DATA TREATMENT of that legal requirement in advance, unless such Law prohibits it for important reasons of public interest.

                To have all of its personnel access the equipment and information systems owned by the RESPONSIBLE OF DATA TREATMENT, duly accredited, registered with social insurances and fully instructed regarding their security obligations and the consequences of non-compliance, ensuring knowledge and adequate compliance with the obligations that correspond to him under this contract and the current regulations on data protection by all employees, collaborators, both external and internal, and subcontractors.

Likewise, he must guarantee that the persons authorised to process personal data commit themselves, expressly and in writing, to respect confidentiality and to comply with the corresponding security measures, of which they must be informed accordingly.

                Adopt any technical and organisational measures necessary to guarantee the security of the data to which it has access, as well as adopting at all times as many security measures are required by laws and regulations and in order to ensure confidentiality, secrecy, integrity and availability, avoid the alteration, access or unauthorised processing of such data. In this sense, both parties agree that measures must be implemented to pursue the following purposes:

o    Guarantee the permanent confidentiality, integrity, availability and resilience of the treatment systems and services.

o    Restore the availability and access to personal data quickly, in case of physical or technical incident.

o    To verify, evaluate and assess, on a regular basis, the effectiveness of the technical and organisational measures implemented to guarantee the safety of the Treatment.

o    Pseudonominize and encrypt personal data, if applicable.

o    Management of backup copies.

o    Systems of identification and limitation of unauthorised access.

o    Designation of a Delegate for Data Protection and communicate their identity and contact information to the RESPONSIBLE OF DATA TREATMENT.

o    Carry out a record of treatment of activities on behalf of third parties.

 * If, in spite of the security measures, a security breach occurs, the MANAGER OF DATA TREATMENT will notify the RESPONSIBLE OF DATA TREATMENT, without undue delay, and in any case before the maximum period of 72 hours and through any reliable means, of the violations of the security of the personal data in your charge that he has knowledge of, together with all the relevant information for the documentation and communication of the incident.

Specifically, the following information will be provided in a clear and simple language:

o    Description of the nature of the breach of the security of personal data, including, when possible, the categories and the approximate number of interested parties affected, and the categories and approximate number of records of personal data affected.

o    The name and contact details of the data protection delegate or other contact point where more information can be obtained.

o    Description of the possible consequences of the violation of the security of personal data.

o    Description of the measures adopted or proposed to remedy the violation of the security of personal data, including, if applicable, the measures adopted to mitigate the possible negative effects.

If it is not possible to provide the information simultaneously, and to the extent that it is not, the information will be provided gradually without undue delay.

                Support the RESPONSIBLE OF DATA TREATMENT in carrying out the impact evaluations related to data protection, when appropriate, and in carrying out prior consultations with the supervisory authority, when appropriate.

                Make available to the RESPONSIBLE OF DATA TREATMENT all the necessary information to demonstrate compliance with its obligations, as well as for the performance of audits or inspections carried out by the person in charge or by another auditor authorised by him.

                Return any type of support that contains the data once the provision of services has ended, and proceed to remove them from any support, both physical and computing.

4.     SUBCONTRACTING

                The MANAGER OF DATA TREATMENT may not subcontract any of the services that are part of the object of this contract, except for the auxiliary services necessary for the normal functioning of the services of the person in charge.

                If it is necessary to subcontract any treatment, this fact must be previously communicated and in writing to the RESPONSIBLE OF DATA TREATMENT, one week in advance, indicating the treatments that are intended to subcontract and clearly and unequivocally identifying the subcontractor company and its data. contact.

                The subcontracting may be carried out if the RESPONSIBLE OF DATA TREATMENT does not manifest its opposition within the established term.

                At the moment, the subcontractor, who will also have the status of person in charge of the treatment, is also obliged to fulfil the obligations established in this document for the person in charge of the treatment and the instructions dictated by the RESPONSIBLE OF DATA TREATMENT. Corresponding to the MANAGER OF DATA TREATMENT regulate the new relationship so that the new manager is subject to the same conditions (instructions, obligations, security measures...) and with the same formal requirements as he, in relation to the proper treatment of personal data and the guarantee of the rights of the people affected. In the case of non-compliance by the sub-manager, the MANAGER OF DATA TREATMENT will remain fully responsible to the RESPONSIBLE OF DATA TREATMENT with regard to compliance with obligations.

5.     COPIES OF THE DATA

THE MANAGER OF DATA TREATMENT undertakes not to copy or reproduce the information provided by the RESPONSIBLE OF DATA TREATMENT, except when necessary for its treatment and in the terms provided in this contract.

6.     DURATION

                This Contract enters into force on the date of its signature and will be in force until the date of termination of the service provision relationship by THE PROCESSOR IN CHARGE in favor of the RESPONSIBLE OF DATA TREATMENT.

                THE MANAGER OF DATA TREATMENT undertakes to destroy or return the data provided by the RESPONSIBLE OF DATA TREATMENT upon termination of the services, including if applicable, the support where they exist. The return must involve the total deletion of the existing data in the equipment used by the person in charge.

                However, the person in charge may keep a copy, with the data duly blocked, as long as responsibilities for the execution of the provision can be derived.

                In addition, once destroyed, the manager must certify their destruction in writing and must deliver the certificate to the controller.

                In this sense, the person in charge of the file may proceed to check the destruction of the transferred file, after the end of the service or, if necessary, demand formal communication in which he declares to have carried out the certificate, certifying said extreme.

7.     RESPONSIBILITIES

                The obligations established for the MANAGER OF DATA TREATMENT in this document will also be mandatory for its employees and collaborators, both external and internal. For this reason, the person in charge of the treatment will answer to the person in charge of the file if such obligations are not fulfilled by such employees and subcontractors, as the case may be.

                In the event that THE MANAGER OF DATA TREATMENT allocates the data for purposes other than those foreseen in this contract, communicates them to third parties or uses them in breach of the stipulations of this contract, he shall be liable for any consequences that may arise from such behaviours, keep harmless the file responsible for any claim of third parties based on such breach.

                The MANAGER OF DATA TREATMENT guarantees full compliance with the above obligations of confidentiality and custody and will be solely responsible for any unauthorised disclosure of personal data to third parties, as well as any other breach of the stipulations contained in this Agreement, being, in his case, obliged to compensate of the damages and damages caused to the RESPONSIBLE OF DATA TREATMENT, directly or indirectly.

                Likewise, The MANAGER OF DATA TREATMENT shall be considered responsible for the processing of personal data, responding to any infractions that may have been incurred personally, in the event that the data is destined for another purpose, communicated or used in breach of the provisions of this Agreement. .

8.     COMMUNICATIONS

                Any notification made between the parties will be in writing and will be delivered personally or in any other way that certifies the reception by the notified party.

                In order to carry out the necessary communications throughout the term of this Contract, the persons and addresses indicated in the headings thereof are established.

9.     GENERAL CLAUSES

                The non-requirement by any of the parties of any of their rights under this Contract shall not be considered as constituting a waiver of said rights in the future.

                The legal relationship that is established between the parties is governed by this single Contract. This Contract is the only valid one between the parties and substitutes any type of previous agreement or commitment about the same object, either written or verbal, and may only be modified by agreement signed by both parties.

                The present Contract and the relations between the parties do not constitute in any case a company, joint venture, agency, or work contract between the parties.

                The headings of the different clauses are for informational purposes only, and will not affect, qualify or extend the interpretation of this Contract.

                THE PERSON RESPONSIBLE FOR TREATMENT, may carry out checks on the premises of the MANAGER OF DATA TREATMENT to verify compliance with the obligations established in this contract.

10.                                APPLICABLE LEGISLATION AND ARBITRATION

                In matters not provided for in this Contract, as well as in the interpretation and resolution of conflicts that may arise between the parties as a consequence thereof, Spanish legislation shall apply.

                For the resolution of any dispute that may arise from this Contract, both parties will submit to the jurisdiction of the courts of Marbella expressly waiving any other jurisdiction that may correspond.

11.                                EXTINCTION

This Contract shall be terminated for the general causes established in the Civil Code and the Commercial Code and, in particular, for breach of the obligations arising from this writing:

1.           For the duration of its term (if applicable).

2.           For the extinction or expiration of the provision of services that binds the parties.

3.           For other causes provided by law.

4.           In case of non-compliance by any of the parties with the obligations assumed in this contract, the other party may consider it entirely resolved, without notice or compensation of any kind, being sufficient to notify the opposing party of such termination, unless the breaching party remedies its breach to the satisfaction of the other within a period of 15 days from the request made in that regard.

 

Licenses Terms

Licenses to optimise the way you access our solutions. All you need to know about our licenses...

By using any Teknosurance Product, you accept the Licenses Terms as follows:

1.     What are Immosurance Product Licenses

The Teknosurance Products are licensed to licensees on an individual bases or based on blocks of licensees. A license is required for every user that exists in an Teknosurance Product, regardless of that user effectively accesses the Product or not. A license in general is paid for upfront, for a month or a year (which then potentially carries a discount) and are valid for the prepaid period and the corresponding quantity. A Freemium licensee is a trial licensee for which maximum only one such licensee license per organization is provided. Every licensee accessing any of the Teknosurance Products must possess an active license. Licenses may not be shared between different persons.

2.     Object of the licenses contract

Both parties being to conclude a CONTRACT LICENSE TO USE SOFTWARE IN CHARACTER OF SUBSCRIPTION, called IMMOSURANCE, under which the Teknosurance grants the the licensee to use the software called IMMOSURANCE, in character subscription in exchange for a monthly fee (unless for a Freemium license for which the fee is zero).

This license with character subscription is not a sale of the SOFTWARE or any of the rights which Teknosurance holds on it, but simply a license to use it, so the licensee cannot resell or transfer it to third parties, rent, lease or lend the product.

The computer program under the licenses terms consists of a content management system and online marketing tools.

3.     Services End User License Agreement

This End User License Agreement (“EULA”) is a binding contract between the “User” or licensee and Teknosurance or licensor, and supersedes any click through terms and conditions within the product.

User hereby agrees to be bound by all of the terms and conditions of this End User License Agreement GRANT AND SCOPE OF LICENSE. Teknosurance grants User, a limited, non-exclusive, non-transferable right to use the Immosurance software and its integrated digital services and software solutoions and/or service which this EULA accompanies, including the data specified on the relevant schedule, that is delivered to User through use of such software and/or service (collectively, the “Software Product”) and any documentation supporting the use of the Software Product (the “Documentation”), only by individual end users located in the country(ies) authorised by Teknosurance on the relevant schedule or otherwise pre-approved in writing by Teknosurance in advance, provided that User complies with all of the terms and conditions of this EULA, and does so in strict accordance with the following conditions:

(i)                          User shall use the Software Product to scan data of and for the User only;

(ii)                        User shall use the Software Product solely for User’s own internal business purposes, and not for providing service bureau, timesharing, data processing or other similar services to third parties;

(iii)                     User shall not use the Software Product to evaluate or scan data of or for third parties, and such evaluation and/or scanning is expressly prohibited;

(iv)                     User shall not reveal any links, user accounts, or passwords for the Software Product to third parties (other than to agents of User that have been pre-authorized in writing by Teknosurance and who have a need to know such information);

(v)                        User shall not use the Software Product to create a product or service that would compete with the Software Product;

(vi)                     User acknowledges and agrees that it is not permitted to and that it shall not use the Software Product or the information accessed in connection therewith, in whole or in part, for the purpose of serving as the sole factor in establishing a consumer’s eligibility for credit, insurance or employment purposes, or in breach of applicable law;

(vii)                  User shall use the Software Product in accordance with the requirements of all applicable laws and regulations;

(viii)              User shall use the Software Product solely for purposes of legal and regulatory compliance and institutional risk control to the extent permitted by laws and regulations applicable to User and by this Agreement; and

(ix)                     to the extent that the license fees hereunder are calculated based upon the number of end user seats, asset size, number of accounts, or other criterion (“Permitted Usage Maximum”) User shall not exceed such Permitted Annual Usage Maximum unless it first purchases such additional license rights from Teknosurance. User represents and warrants that is has the right to use the Software Product, including the data provided as part of the Software Product, in all manners and purposes for which it uses the Software Product, and if applicable, to transfer personal data to Teknosurance and Teknosurance’s third party service providers. User shall be liable for its agent’s breach of this EULA as if such breach had been committed by User. Certain data that is accessible through the Immosurance Insight software or services is available only pursuant to a separate agreement between User and Teknosurance, or between User and a third party, and the terms and conditions of the separate agreement exclusively govern the use of such data.

User acknowledges and agrees that the Software Product provided may include (i) compiling statistical and other information related to the performance, operation and use of the Software Product s, and (ii) using data in aggregated and/or anonymized form for security and operations management or for research and development purposes or other business purposes, provided that such information and data will not identify or serve to identify User or any data subject.

4.     What’s included in all licenses

All our licenses include a series of elements vital to your project and business. In addition, certain licenses types come with even more advantages. These are the standard elements for all license types:

                No start-up costs;

                Unlimited properties, contacts, transactions, photos;

                Each photo can be as large as 25 MB;

                Training is included, both for system configuration and best-use of the solution;

                Functional & personal support during Spanish business hours and in various languages and via various mediums;

                Technical support via tickets, phone, chat, in person, TeamViewer, etc.;

                Participation in the future evolution and development of our solutions;

                All future updates and improvements of the contracted Products.

5.     Use of licenses

IMMOSURANCE can be used by the licensee in character subscription through facilitation by Teknosurance of a password, along with a brief explanation of its use and test operation, not including any concept of civil work.

a)           The licensee undertakes to use the products of Teknosurance in a computer system owned or used exclusively used by him or his employees, or by external employees or contractors under the control and responsibility of the licensee.

b)           The licensee agrees that when having certain licenses with other systems, such as systems for real estate or other information that communicate with IMMOSURANCE (example Resales Online, Infocasa, Inmobalia, etc.), must instantly inform Teknosurance of any modification or termination of the ownership or use of such licenses.

c)            Licenses to third party solutions are never included in the license cost of Immosurance or other Products. This includes but is not limited to the Factiva Dow Jones subscription.

6.     Licenses must stay current

Licensee noncompliance in paying a single monthly fee will result in the immediate suspension of the use of the license, as well as its use and maintenance warranty and all the rights specified in this contract.

The non-payment of two or more instalments shall entitle Teknosurance to proceed to the full resolution of the contract, and Teknosurance must inform the Licensee within one month after the first failure. If the Licensee then proceeds to continue payments of monthly fees, the license and service would resume automatically.

The duration of the license will be indefinite, while the payments are being made, and until the parties determine.

Invoices not paid on the dates foreseen for causes not attributable to the company, will accrue a legal interest and will have the consideration, for all legal purposes, of unpaid, certain, liquid and enforceable debt.

In case the Licensee does not declare by any means the desire to end the contract, it will be understood that the contract is valid and will continue generating invoices.

All license periods are monthly; in no case will they be prorated per days.

Immosurance contains a function through which it is possible to have a record of all the accesses made into the platform by the Licensee, through which it will be understood that the client continues to be a Licensee of the SOFTWARE.

In case of non-payment, besides the paid invoices, the Licensee will be obliged to pay a legal interest of two percent on each corresponding invoice, as well as the expenses caused by the non-payment of the unpaid amount, without prejudice to the rest of the consequences aimed at obtaining the total payment that was not made.

Teknosurance may modify the monthly fee only once a year, with a limit of 10% of the same at each increment, the LICENSEE will be notified at least fifteen calendar days in advance.

7.     Exceptional pausing of licensee licenses

Occasionally and under special circumstances, licensee licenses can be put on hold for a maximum period of 6 months, during which the license fees are discounted 60%, whereas the licensee continues payments at regular monthly intervals of 40% of the usual cost. During this period, no access to Immosurance will be possible yet the connected services such as websites will continue to be fed from the Immosurance agency. No reactivation fees apply within this period. After maximum 6 months, and without the need of any communication, the normal license fees resume while normal licensee access is restored.

8.     Non-exclusive character of user licenses

Licensee licenses are granted NON-EXCLUSIVELY.

a)           The licensee, once received access to the program must, within 30 working days of receipt of the access, state in writing to Teknosurance compliance of the program and the technical operating specifications. If after this term, the licensee has not given their consent to Teknosurance, it means that the program has been accepted.

b)           The LICENSEE will have access to the program and its updates using an access code. Each LICENSEE needs to use its own code and any code cannot be shared with other person(s).

c)            The LICENSEE can use the PROGRAM anywhere an internet connection is available, provided they access it personally, accounting for use by staff of LICENSEE’s company. Any act or use of the system made by LICENSEE staff at all times remains the responsibility of the LICENSEE.

d)           LICENSEE breach of the conditions of use of the assigned license program will result in the immediate termination of the contract and the payment of appropriate compensation for damages that may be caused to Teknosurance.

e)            With a continued use of the system, it will be understood that the LICENSEE is satisfied with it.

9.     What are user block licenses

These are licenses that allow a maximum number of persons to use the solution, and with access to all the functions and to contract any of the Immosurance extensions. Ther are no individual user licenses as the smallest block is 3 users. Blocks contracted must be equal or greater than the number of staff within the company as to allow each staff member access to the platform.

10.                                Protection of information in the Immosurance database

About the proper use of the data in the database belonging to the licensee:

a)           TEKNOSURANCE has the obligation to perform regular backups of the databases of the licensee and save them in order to protect information belonging to the licensee.

b)           TEKNOSURANCE has the obligation to facilitate extraction of the database to the licensee within reasonable periods when the licensee requests this in advance with due notice.

c)            TEKNOSURANCE may not use to their advantage or that of third parties, or facilitate to other people other than the licensee, any information belonging to the same data.

d)           TEKNOSURANCE and the licensee are subject to the GDPR requirements stipulated in the General Data Protection Rules.

11.                                Maintenance and technical assistance service

1.           Maintaining of the license means that if there is any fault, provided the faults are not due to misuse or negligence of the licensee, Teknosurance shall produce a correction or solution. To this end, Teknosurance undertakes to give to the licensee the PROGRAM services support via telephonic technical support, or via internet during the term of the contract.

2.           Not covered by the warranty are errors in the program caused by manipulation by personnel outside Teknosurance nor any other errors resulting from improper use of the program.

3.           Teknosurance is not be liable for loss of any data that the licensee may suffer.

4.           Teknosurance will provide the licensee with up to two training sessions on the use of the system, included in the price of the license. Additional sessions can be obtained at an additional cost.

12.                                Intellectual property

1. The licensee recognises the rights of intellectual property and, where appropriate, the industrial rights, of Teknosurance on the licensed software as well as the legal copyright, patents, trademarks, user manuals, trade secrets and any another other rights that may arise pursuant to this contract, including any information or documentation that Teknosurance may provide the licensee.

2. Because of the confidential nature of the PROGRAM, the licensee is obliged not to sell, rent, disclose, publish or otherwise make available to third parties the PROGRAM or any confidential information related thereto. The licensee acknowledges and declares that the PROGRAM supplied by Teknosurance and any copy thereof is and will remain the property of Teknosurance.

The licensee also undertakes not to generate any dumped content, including information retrieval of systems, without the express permission of Teknosurance, except for the USER’s or their employee own use and needs.

3. The licensee will also be responsible for the breach of these obligations by its employees or third parties’ negligence and access provided by the licensee.

4. The parties refer to the current Intellectual Property Law for all matters not covered in this contract.

5. The licensee is responsible for sending emails that are in breach of the Law 34/2002 of 11 July, services of corporate information and electronic commerce and its applicable law.

6. Data entered by the licensee are not part of the intellectual property and, therefore, remain the property of the licensee.

14. How to contract licensee licenses

You can contract online or offline with us. This can be done via email at [email protected] or by contracting online at go.immosurance.net.

15. How to contact Teknosurance with questions

If you have questions about this Policy, you can contact us as described below.

The data controller responsible for your information is Teknosurance, which you can contact online or by writing to:

Teknosurance S.L.

Calle Alfredo Palma s/n

Edificio Torrevigia B3 L3

29603 Marbella, Málaga

Spain

[email protected]

Date of last revision: 24 March 2026

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