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Privacy policy

Last updated: 7 October 2026

This is a translation provided for information purposes. In the event of any discrepancy, the Spanish version shall prevail.

Data controller

This Privacy Policy explains how the personal data collected through the website topmallorcaconstructions.com (hereinafter, “the Website”) and through the contact channels it offers (the contact form, email, telephone and WhatsApp) are processed. The controller is:

  • Controller: TOP MALLORCA DEVELOPMENTS AND PROPERTY CARE S.L. (hereinafter, “the Owner”), which trades on the Website under the Top Mallorca Constructions brand.
  • Tax identification number (NIF): B72762834.
  • Registered office: Camino de Jesús, 102, 07011 Palma (Illes Balears), Spain.
  • Email: info@topmallorcaconstructions.com.
  • Telephone: +34 603 50 27 07.

Processing is governed by Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), and by the Spanish Data Protection and Digital Rights Act (Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales, LOPDGDD). It is not necessary to provide any contact details or to fill in any form in order to browse the Website.

What data are processed and for what purpose

Contact form

  • Data: name, email address, telephone number (optional), the service of interest, the area where the property is located, the preferred timescale and the message. The fields marked as mandatory are needed in order to deal with the enquiry; without them, it cannot be answered.
  • Purpose: to respond to the enquiry and, where appropriate, to prepare a quote, which may include arranging a visit to the property.
  • Legal basis: the User’s consent, given by ticking the box on the form (Article 6(1)(a) GDPR), and the taking of steps at the User’s own request prior to entering into a contract (Article 6(1)(b) GDPR).

The form does not ask for special categories of personal data, such as health data, and the User is advised not to include any in the message. If the User provides data relating to other people – for example, the User’s architect or the co-owners of the property – the User warrants that they have informed those people and have their authorisation.

Email, telephone and WhatsApp

If the User contacts the Owner by email, telephone or WhatsApp, the Owner processes the data provided – name, email address or telephone number, and the content of the enquiry – for the same purpose, on the same legal basis and for the same periods as the data from the form.

WhatsApp is a service provided by WhatsApp Ireland Limited, a Meta group company. Using it is the User’s choice: the WhatsApp button on the Website is simply a link, which does not load any WhatsApp element on the page, and the conversation is also governed by the terms of that service and by WhatsApp’s privacy policy. Anyone who prefers not to use it can make contact through any of the other channels.

Contact details are not used to send commercial communications or for any purposes other than those described in this policy.

Technical and security data

As on any website, the server logs technical data about visits – IP address, date and time, page requested and browser type – and about attempts to access the administration panel. The Owner uses these data solely to ensure the security and proper functioning of the Website, on the basis of its legitimate interests (Article 6(1)(f) GDPR), and does not use them to analyse browsing behaviour or for profiling. These logs are kept for a limited period, unless they are needed to investigate a security incident.

Cookies

The Website uses technical cookies and, only if the User accepts them, analytics cookies, the legal basis for which is the User’s consent (Article 6(1)(a) GDPR). If the User loads the map on the contact page, Google may set its own cookies. Full details are set out in the Cookie Policy.

Retention periods

  • Enquiries that do not lead to a contract: for as long as necessary to deal with them and, at most, twelve months from the last contact.
  • Enquiries that lead to a contract: for as long as the contractual relationship lasts, during which processing is based on the performance of the contract and on compliance with legal obligations (Articles 6(1)(b) and 6(1)(c) GDPR), and thereafter for the periods required by law. These include four years for documentation relevant for tax purposes (Spanish General Tax Act, Ley 58/2003, General Tributaria), six years for commercial and accounting records (Article 30 of the Spanish Commercial Code, Código de Comercio) and the liability periods under Spain’s Building Act (Ley 38/1999, de Ordenación de la Edificación), which run for up to ten years from the acceptance of the works (recepción de la obra), plus the limitation period for the corresponding legal actions.

Where data are due to be erased, they are first blocked: they are set aside and may not be used, except to make them available to the courts, the Public Prosecutor’s Office (Ministerio Fiscal) or the competent public authorities during the limitation period for any potential liabilities. Once that period has expired, they are deleted (Article 32 LOPDGDD).

Recipients

Data are not disclosed to third parties except where required by law, for example when they are requested by the Spanish Tax Agency (Agencia Tributaria), the courts or the law enforcement authorities.

The Owner uses service providers that, as processors, access the data only to the extent necessary to provide their services to the Owner, following its instructions and under the data processing agreement required by Article 28 GDPR:

  • the web hosting and email providers, currently Raiola Networks, S.L., with servers in Spain;
  • the company responsible for the development and technical maintenance of the Website.

In order to prepare a quote, the Owner may ask tradespeople and suppliers for prices on the basis of the technical description of the works, without giving them the User’s contact details unless the User authorises it.

Top Mallorca Real Estate (estate agency) and Top Mallorca Property Care (property care and maintenance) are brands of the Owner itself, so sharing data with them does not constitute a disclosure to third parties. Even so, data are only passed on to the teams in those divisions if the User requests one of their services – for example, buying a plot of land or looking after the home once the works are complete – and only the data necessary to deal with that request.

When the User uses third-party services, such as WhatsApp or the Google map, those companies process the User’s data in accordance with their own privacy policies.

International transfers

Data from the form and from email are hosted on servers located in Spain and do not leave the European Economic Area. International data transfers can only take place when the User accepts the analytics cookies set by Google Analytics or uses third-party services, such as WhatsApp or the Google map. In those cases, the providers carry out the transfers with the safeguards provided for in the GDPR, such as the EU-US Data Privacy Framework or the standard contractual clauses approved by the European Commission.

The User’s rights as a data subject

The User may exercise the following rights in relation to their data at any time:

  • Access: to find out whether the Owner is processing their data and to obtain a copy.
  • Rectification: to have inaccurate data corrected or incomplete data completed.
  • Erasure: to request that their data be erased, including where they are no longer necessary for the purpose for which they were collected.
  • Objection: to object to processing based on the Owner’s legitimate interests.
  • Restriction of processing: to request that processing be restricted in the cases provided for in the GDPR, for example while the accuracy of the data is being verified.
  • Data portability: to receive the data they have provided in a structured, commonly used format, or to request that the data be transmitted to another controller.
  • Withdrawal of consent: to withdraw their consent at any time, without affecting the lawfulness of the processing carried out before its withdrawal.

To exercise these rights, the User need only write to info@topmallorcaconstructions.com or send a letter to the Owner’s registered office (Camino de Jesús, 102, 07011 Palma), stating which right is being exercised. If there are reasonable doubts as to the identity of the person making the request, the Owner may ask for the additional information necessary to confirm it. The response is free of charge and is given within one month, which may be extended by a further two months where the complexity or number of requests so requires; the User will be informed of any such extension.

The Owner does not make automated decisions or carry out profiling using the User’s data.

If the User considers that the processing of their data does not comply with the applicable legislation, or that a request to exercise their rights has not been properly dealt with, they may lodge a complaint with the Spanish Data Protection Agency (Agencia Española de Protección de Datos, AEPD), C/ Jorge Juan, 6, 28001 Madrid (www.aepd.es).

Children under 14

Children under the age of 14 may not provide their personal data through the Website or its contact channels (Article 7 LOPDGDD). If the Owner becomes aware that it has received data from a child under that age, it will erase them.

Security

The Owner applies technical and organisational measures appropriate to the risk in order to protect data against loss, alteration, disclosure or unauthorised access (Article 32 GDPR): communications with the Website are encrypted (HTTPS), access to data is restricted to the people who need it, and systems are kept up to date. Even so, no transmission over the internet is completely secure.

Accuracy of the data

The User warrants that the data they provide are true, accurate and up to date. The User is responsible for their truthfulness and undertakes to notify any changes.

Changes to this Privacy Policy

The Owner may amend this Privacy Policy to reflect changes in legislation or in the processing it carries out. The version published on the Website applies; the date of its last update is shown at the top of this page.