Terms and Conditions for Signing up for the BDMI Database Access and Query Service

Contenido:

7th October 2020

This is the English version of the Terms and Conditions of the BDMI Database Access and Query Service, this translation is for informative purpose only. The prevailing legal version in case of discrepancy is the Spanish language version.

These Terms and Conditions (the “Terms and Conditions”) govern the terms under which we offer and provide you, either as (i) a professional in the real estate sector (the “Agency”) or (ii) an interested Private Owner (the “Private Owner”), with the service of accessing and/or querying the equity insolvency database (the “Service”), through the website https://www.idealista.com/base-datos-inquilinos-morosos (the “Website”).

Please read these Terms and Conditions carefully and become familiar with them before requesting the Service on the Website.

1 About us

We are the Spanish company Base de Datos de Morosidad Inmobiliaria, S.L.U., with registered office at Plaza de las Cortes 2, 5ª Madrid, Spain, with email address hola@datosmorosos.com and phone number: 91 701 40 30, recorded in the Commercial Registry of Madrid in Volume 39485, Sheet M-701045, Folio 200, with assigned Tax Identification Number (NIF): B88415104 (hereinafter referred to as “BDMI”, “we” or “us”), and we are the owners of the equity insolvency database called the Default Tenant Database “Base de Datos de Inquilinos Morosos” (hereinafter referred to as the “Database”).

2 Scope of application

Our business relationship with you will be governed solely by these Terms and Conditions.

BDMI reserves the right to modify these Terms and Conditions at any time and by any means admissible in law, in which case such modified Terms and Conditions will be sent by email and posted on the Website at least thirty days prior to their entry into force.

To sign up for the Service through the Website the following requirements must be met:

If you are an Agency:

you must have the legal capacity to sign binding contracts on behalf of the Agency;
you must be a professional in the real-estate sector;
in order to query the Database, you must have entered into a service agreement with your clients/the property owners that enables you to make queries on their behalf, and you must also comply with the rest of the conditions and requirements stipulated in section 4.1; and
in order to register a defaulter in the Database, you must have a service agreement or mandate drawn up with the property owner in whose name you are acting that enables you to register his/her tenant in our Database, and you must also comply with the rest of the conditions and requirements stipulated in section 4.2.

If you are an Agency or a Private Owner:

you must have a valid registration to access the Website; and
you must accept the Terms and Conditions.

4 The Service

The Service will include the following features:

4.1 Database Query Service for Agencies

You will be able to make queries to the Database through the Website and thus be able to check if the potential tenant (the “Potential Tenant”) of the property that you are managing on behalf of the owner (the “Owner“) has any outstanding debt with third parties. The query must always be made in the name and on behalf of the Owner.

Likewise, signing up for the Database Query Service offers you the possibility of searching third-party databases, as well as public information related to the Potential Tenant.

BDMI will send the information obtained from the query related to the Potential Tenant to the email address associated with the registration. You cannot use the information obtained from the queries to include it in your own file or reuse the information about a Potential Tenant to provide it to a different Owner from the one on whose behalf you made the query.

BDMI is not responsible for the contents of the information obtained from third-party sources or public information, and it is the Owner’s responsibility to analyse the veracity and contents of the information provided.

In order to use this service, the following conditions must be met:

That you have entered into a service agreement with the Owner, by virtue of which the Owner requests that the Potential Tenant’s data contained in equity insolvency files, as well as third-party sources and/or public information, are consulted.
That you have informed the Potential Tenant, on behalf of the Owner, that the query will be made to the equity insolvency files. The informative clause that should be provided to the Potential Tenant is included in the visit form available at (incluir link o descargable del parte de visita). This visit document signed by the Potential Tenant must be attached when you make the query through our Website.
That the Potential Tenant and the Owner are interested in entering into a lease agreement and the Agency can prove it at the request of BDMI.
You must inform the Owner that, if he/she decides not to enter into the lease agreement with the Potential Tenant as a result of the latter being included on the Database, the Owner must inform the Potential Tenant that the reason for not entering into the lease agreement is that the Potential Tenant is registered in our Database. For such purpose, you must duly inform the Owner that he/she must notify the rejected Potential Tenant of the aforementioned points.

By accepting these Terms and Conditions, you undertake to provide BDMI with evidence of your compliance with all the aforementioned requirements, if it so requests.

4.2 Registering a Defaulter in the Database

Through the Website, you can request the registration of the tenant (the “Tenant“) of an Owner (if you are an Agency), or your Tenant (if you are a Private Owner), who has failed to fulfil with the monetary obligations agreed in a housing lease agreement.

In order to use this service, the following conditions must be met:

If you are an Agency, you must have entered into a service agreement with the Owner, by virtue of which the Owner requests the registration of the Tenant in our Database.
You must cooperate with BDMI in obtaining the Owner’s signature of the clause specified in the section “Inclusion of the Tenant in the Default Tenant Database FIle“” so that the Owner can include the Tenant in our Database. This clause must be included in the service agreement entered into between the Agency and the Owner.
You must inform the Tenant, whether you are a Private Owner or an Agency acting on behalf of the Owner, that his/her data will be included in the Database equity insolvency file. If you have used the idealista housing lease agreement (https://www.idealista.com/contratos-de-alquiler) it already includes the default payment clause. If a different lease agreement from the aforementioned one has been entered into, at least the prior payment requirement must be sent to the Tenant, before the registration, which you can find at (incluir link o descargable) (the “Payment Requirement”), and such order must contain the necessary information.
To carry out the registration, you must provide BDMI with the following documents through the Website: (i) copy of the receipt for the registered fax (burofax) sent by post, proving that the Payment Requirement has been sent, (ii) front and back image of the Tenant’s National Identity Card (DNI) and (iii) a copy of the lease agreement entered into between the Tenant and the Owner.

5 Price

The cost of the Database Query Service for Agencies as set out in these Terms and Conditions will be that established for the service in the special conditions signed by the Agency.

The service of registering a defaulter in the Database is free of charge.

6 Term

The term for the Database Query service for Agencies as set out in these Terms and Conditions will be that established for such service in the special conditions signed by the Agency.

The term for the service of registering a defaulter in the Database will be that specified in the personal data protection regulations for the processing of the data included therein.

Access to the website is, in principle, for an indefinite term.

7 Obligations of the Agency and/or Private Owner

By accepting these Terms and Conditions, you agree to undertake the following:

To comply with the conditions for accessing and using the Services stipulated in these Terms and Conditions, as well as with the rest of the provisions set out in the Terms and Conditions.
To provide the Owners (if you are an Agency), in any of the two functionalities of the Service, with the informative clause that is included in the section “Information for Owners”.
To provide accurate, up-to-date and true information/documents to BDMI.
To provide BDMI with all the documents that may be necessary to prove the fulfilment of the obligations stipulated in these Terms and Conditions.
To use the Service lawfully and in good faith according to the provisions in these Terms and Conditions, without harming the rights or interests of BDMI, the Owner, the Potential Tenant, the Tenant or any third party. As examples but in no way limited thereto, you undertake the following:
not to engage in activities that are illegal or contrary to good faith and/or public order;
not to manipulate, access or, where applicable, use the accounts of other users of the Website;
not to carry out any action or omission that would imply a violation of the intellectual or industrial property rights of BDMI or of third parties;
not to cause damage to BDMI’s systems, nor introduce or spread computer viruses or use any other systems that are likely to cause damage; and
not to remove, alter or circumvent any protective device or security system that has been installed on the Website.

8 Refusal of Access or Continuity in the Use of the Service

If you fail to comply with these Terms and Conditions and/or any other applicable regulations, and in particular, if the necessary documents are not provided in accordance with Clause 4 or the documents provided are incorrect or fraudulent, BDMI reserves the right to refuse access or continuity in the use of the Services, as well as to suspend or terminate the Service, without the right to any compensation.

In any case, BDMI reserves the right to refuse access or continuity in the use of the Service at any time. This refusal shall be justified by BDMI when it is determined that there are reasonable grounds for considering that you do not comply with any requirement set out in these Terms and Conditions. Such cancellation or suspension shall be at the sole discretion of BDMI and shall not result in any claim or compensation in this respect.

9 Liability

BDMI shall not be held liable in the event of (i) any direct and/or indirect, consequential and/or punitive loss and/or damage, (ii) loss of business (including but not limited to loss of income, termination of agreements, loss of goodwill or unnecessary expenses being incurred); (iii) damage to business reputation; (iv) loss of any data for which the Agency or the Owner is responsible, and in no case (v) for loss of profit.

By rendering the Services, BDMI shall not be held liable with regard to those obligations that, according to the regulations applicable to equity insolvency files, are applicable to the creditors or holders of the debt reported in the Database.

BDMI shall not be held liable for any possible damage caused by the following:

interruptions, computer viruses, malware, breakdowns or other elements that may cause changes in the Agency’s computer system, documents or files.
delays or blocks in the use of the systems associated with the Website caused by deficiencies or overloads in the Internet system or other electrical systems.
any other change that may occur in the Agency’s software or hardware.
any misuse that the Agency may make of the Service, as well as any other errors committed by the Agency.
misuse of the contents of the Website or the Services, or the consequences that could arise due to the errors, defects or omissions in the contents that could appear to be provided by the Agency.
the unavailability of any Service regardless of the cause.
any legal breach or violation of rights arising from the data or contents of third parties that BDMI transmits or stores, when querying third-party databases or information obtained from sources that are available to the public.

BDMI shall not be liable for the availability and/or interruptions of the Services offered, nor the absence of errors in any transmission of information that may take place. In addition, access to the Services may occasionally be suspended or restricted in order to carry out maintenance or repair work, or to introduce new products or services.

With regard to BDMI’s liability, it shall be limited, in any case and for all items, to the amount received for the contracted Services.

10 Industrial and intellectual property

All intellectual property rights for the Website, the Database and/or the Service are exclusively owned by BDMI; you must, therefore, refrain from registering in your name or through a third party any intellectual property works, patents, trademarks and other distinctive signs related to the Website, the Database and/or the Service.

Nothing in these Terms and Conditions may be construed as a transfer of any industrial or intellectual property rights of BDMI in relation to the Website, the Database and/or the Services. Therefore, it is expressly forbidden for you to reproduce, distribute, publicly disclose or provide in any other manner, transform and, in general, carry out any other form of exploitation of any contents, information or materials owned by BDMI that you may access through the Website, either fully or partially, unless expressly authorised in writing by the owner.

11 Non-disclosure

As an Agency, you acknowledge the confidential nature of all the information, documents, data or materials, of any kind, form or medium, to which you have access during the time the Services are rendered, as well as any kind of sensitive information or trade or industrial secrets, technical or market knowledge, or business strategies, as examples but not limited thereto, to which you have access as a result of the Service being rendered (hereinafter referred to as “Confidential Information”). You also undertake to treat any Confidential Information that you obtain through the use of the Services or as a result thereof with the utmost confidentiality, and not to disclose or use it for your own benefit or that of third parties, either directly or indirectly, as well as to avoid any unauthorised use thereof, not to duplicate or distribute it and not to disclose it to third parties for any reason whatsoever.

12 Links or hyperlinks to the website

At BDMI, we are concerned about the integrity of this Website when it is accessed or viewed from any area created exclusively by third parties. In this regard, you must obtain BDMI’s express written permission before deep linking or framing this website or any of its contents. If you wish to do so, when contacting BDMI to request permission you must include the following: a) your name, email address and telephone number, b) the name of your company, c) the address(es) of the website where the proposed deep or framed link will appear and d) specific details of the deep or framed link in question, including the content or pages of the website with which you wish to establish the deep or framed link.

You must not link our website with any other website that contains inappropriate, defamatory or illegal topics, materials or information, or materials or information that violate any rights of third parties, including intellectual or industrial property rights. We neither allow the establishment of any type of frame that allows the website to be viewed through a different address that could mislead or deceive users about the true origin of the elements or services that are displayed, or that implies an act of unfair competition (e.g. it is used to take advantage of the reputation and prestige of BDMI or, in any other way, is contrary to the laws in force).

13 Applicable law

All the provisions in these Terms and Conditions shall be governed by Spanish law.

The parties expressly agree to submit any dispute that may arise to the jurisdiction and exclusive competence of the Judges and Courts of the city of Madrid (Spain), expressly waiving any other jurisdiction that may be applicable.

Any clause in these Terms and Conditions that is or becomes illegal, invalid or unenforceable will be removed and replaced by another that is as similar as possible to it, without this impacting the User or giving rise to any compensation. In such case, all other provisions and sections shall not be affected.

Inclusion of the Tenant in the Default Tenant Database File

With regard to reporting and including the Tenant’s personal data in the equity insolvency file known as the Default Tenant Database managed by Base de Datos de Morosidad Inmobiliaria, S.L.U. (“BDMI”), the Owner and BDMI will be considered as joint controllers of the data processing in accordance with Article 20 of Spanish Organic Act 3 of 5 December 2018 on Data Protection and the Guarantee of Digital Rights.

By fulfilling Article 26 of Regulation (EU) 2016/679 on General Data Protection (“GDPR”), as manager of the Default Tenant Database File, BDMI shall be responsible for informing tenants of the fact their personal data will be included therein, in accordance with Article 14 of the GDPR, as well as the fact that the tenant may exercise his/her rights of access, rectification, erasure, opposition, restriction, and data portability and the right not to be subject to decisions based on fully automated processing, in relation to the reporting and inclusion of their data in the Default Tenant Database File.

Likewise, BDMI shall be responsible for managing, resolving and responding to tenants’ requests to exercise the aforementioned rights. However, if the Owner receives any request from a tenant to exercise the aforementioned rights regarding the inclusion of their data in the Default Tenant Database File, they must notify BDMI immediately and, in any case, no later than 5 calendar days counted from the date the request is received. As the owner, you must cooperate with BDMI in fulfilling the duty to manage and respond to tenant requests. Specifically, as the owner, you must provide BDMI, when requested to do so, and without undue delay, with all the information relating to the tenant or the debt that has been included in the Default Tenant Database File that BDMI requires or may require in order to properly manage the tenant’s request.

As the owner, you must inform the tenant of the fact their data will be included in the Default Tenant Database File, as well as of the rest of the obligations specified in Article 20 of the GDPR that correspond to the creditor of the debt in order to be able to register the tenant in the aforementioned file. Likewise, you must inform BDMI, as soon as you become aware of it, of any modification or alteration that takes place with regard to the tenant’s personal data, and more specifically, with regard to the debt/s that is/are recorded in the Default Tenant Database File.

Each party must individually and independently fulfil any other obligations that may arise due to the processing of the tenant’s personal data for the aforementioned purpose, for example, but not limited thereto, the obligation to record the data processing in the relevant register of data processing activities or, where appropriate, to manage and notify any personal data security breaches that may occur.

As the owner, you shall be liable for any damages that BDMI may incur as a result of any action or omission that you carry out, which directly or indirectly results in any failure by BDMI to comply with its obligations according to this clause.

Information for Owners

In order to render the requested services to the Agency, the Agency must transfer your personal data to Base de Datos de Morosidad Inmobiliaria, S.L.U. (“BDMI”), with registered office at Plaza de las Cortes 2, 5ª Madrid, Spain, email address hola@datosmorosos.com, and assigned Tax Identification Number (NIF): B88415104.

BDMI, as the company managing the equity insolvency file known as the Default Tenant Database, will process your personal data, in its position as data controller, in order to manage the access to its database that you as Owner of the property request, or to manage the registration of your tenant in its equity insolvency file. The legal basis of the foregoing is the fulfilment of the contractual relationship that is established between you and BDMI through the service request made through the Agency.

BDMI will process your personal data for a term of five (5) years, and may subsequently keep them blocked until the statute of limitations has expired for filing actions related to such data processing.

We will transfer your personal data to third parties when there is an obligation to do so. In addition, BDMI’s service providers in the systems and technology or back-office sectors may access your data, within the scope of the services that such third parties render to BDMI. We will not carry out international transfers of your personal data.

You can exercise your rights of access, rectification, erasure, restriction of processing and data portability by sending an email to BDMI at the following address hola@datosmorosos.com.

You may also contact the Spanish Data Protection Agency if you consider that data protection laws have been infringed when processing your personal data, or contact the Data Protection Officer at BDMI at the following address: dpo@datosmorosos.com

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