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General Terms and Conditions of Mubawab

1. PURPOSE AND GENERAL INFORMATION

1.1 PURPOSE

The purpose of these general terms and conditions (hereinafter referred to as "General Terms and Conditions") is to define the terms and conditions of use of the website available at the URL address https://www.mubawab.ma/en/

1.2 GENERAL INFORMATION

Mubawab is the owner of this website (hereinafter referred to as the "Website") whose company details are as follows :

Company name in Morocco
Registered company name: Mubawab Maroc sarl
Registered office: La Marina de Casablanca Tour Crystal 2- 11éme étage
Dar-el-Beida
20000 Casablanca, Maroc
E-mail address: info@mubawab.com

Company name in Spain
Company name: Mubawab S.L. (Mubawab)
Registered address: Av. de la Via Augusta, 15-25
08174 Sant Cugat del Vallès
Barcelona, Espagne
E-mail address: info@mubawab.com
CIF: EN B-65259699

1.3 CONTACT DETAILS

The user has the possibility of contacting the Company:

2. DEFINITIONS

For the purposes of these General Terms and Conditions, capitalised terms have the following meaning:

2.1 "Partners": means real estate professionals who have entered into a contract with the Company for the publication of advertisements for the rental and/or sale of properties on the Website.

2.2 "Website": means the interactive electronic service published and operated by the Company, accessible in particular at the URL addres https://www.mubawab.ma/en/.

2.3 "Services": means the services provided by the Company on its Website and described in article 4 of the General Terms and Conditions.

2.4 "Company": means the Mubawab S.L. company.

2.5 "User": means any natural person accessing the Website for strictly private use.

3. SCOPE, ACCEPTANCE AND MODIFICATION OF THE GENERAL CONDITIONS

3.1 The purpose of these General Terms and Conditions is to define the conditions under which the User benefits from the Services provided by the Company through its Website.

All the Services provided by the Company and made available to the User are detailed on the Company's Website.

3.2 Subscription, access to and use of the Services implies unrestricted and unreserved acceptance by the User of these General Terms and Conditions.

3.3 As these General Terms and Conditions may be subject to change, the applicable terms and conditions are those in force and accessible on the Company's Website on the date of access to the Website by the User.

4. ACCESS TO AND AVAILABILITY OF THE SERVICES

4.1 ACCESS TO THE SERVICES

The Services are freely and exclusively accessible online on the Company's Website.

4.2 AVAILABILITY OF THE SERVICES

The Company makes reasonable efforts to make its Services available 24 hours a day, 7 days a week, irrespective of maintenance operations on such Services and/or Servers and/or the Website. In this respect, the Company has only an obligation of means and not of result.

The Company reserves the right to modify, interrupt, at any time, temporarily or permanently all or part of the Services without prior notice to Users and without right to compensation.

5. WARRANTIES - LIABILITY - FORCE MAJEURE

5.1 USER WARRANTIES

By accessing the Company's Website, the User represents, warrants and undertakes to:

  • to access and use the Website and the Services in good faith, in a reasonable manner, not contrary to the General Terms and Conditions and for strictly personal and non-commercial use;
  • not to use any device or software other than those provided by the Company to

- i) affect or attempt to affect the proper functioning of the Website and/or the Services provided by the Website

- ii) extract, modify, consult, even in cache or temporary memory, or for individual use, all or part of the Website;

  • not to access and/or use the Website and/or the Services provided by the Company on the Website for illicit purposes and/or with the aim of causing damage to the reputation and image of the Company or, more generally, to infringe the rights, in particular the intellectual and industrial property rights of the Company and/or third parties;
  • not to directly or indirectly commercialize the Services and/or access to the Services and/or access to the Website;
  • not to reuse all or part of the Website and the Services contained therein, in particular for commercial and/or collective purposes and/or for personal use in a form and/or means not authorized by the Company;
  • not to exploit the Services provided by the Company or the data to which it may have access through such Services and/or the Website for direct or indirect commercial purposes and/or for personal purposes in a form and/or means not authorized by the Company;
  • not to reproduce or represent all or part of the Website for private purposes, beyond the legal exceptions provided for, in particular, by Royal Legislative Decree 1/1996 of April 12, 1996, approving the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the legal provisions in force on the subject (hereinafter, the "Intellectual Property Law"), or for direct or indirect marketing, in particular to third parties;
  • not to restrict access to and use of the Website and/or the Services;
  • not to modify, even in the intermediate or temporary memory, any mention or element of the Services and/or the content of the Website;
  • the elements of the Site are protected by the Intellectual Property Law.
  • not to use and/or exploit the electronic and/or postal contact details of other Users of the Website for the purpose of sending mass e-mail requests or "spamming".

In case of breach of any of these obligations, and without this enumeration being limiting, the User acknowledges and agrees that the Company shall have the right to unilaterally deny the User access to all or part of the Website without prior notice.

5.2 WARRANTIES OF THE COMPANY

The Company makes available to the User, through its Website, access to a certain number of Services intended to assist him/her in his/her real estate project.

The User is fully aware that the Company cannot guarantee the results of the information provided:

  • to the advertisements for rental and/or sale of real estate that he/she wishes to consult on the Website;
  • to the answers that will be provided to you following your requests for information or updates concerning the real estate Partners who have published advertisements for the rental and/or sale of real estate;
  • to real estate financing offers made to you by credit institutions or brokers you have contacted through the Web Site;
  • and, in general, to the particular needs of the user.

The Company cannot guarantee the quality of the approximate estimates of real estate that you will have made through the Services accessible on the Website and with a view to offering your real estate for sale.

The Company declines all responsibility for the reliability and/or the relevance of the information provided by real estate Partners and/or credit institutions on the Website, as such information is placed online and distributed under their sole responsibility.

The Company shall act with the ordinary diligence required to put Users in contact with the real estate Partners and the credit institutions associated with the Company that offer their Services through the Website.

The Company also does not guarantee the conclusion of a contractual relationship between the User and such real estate Partners and/or associated credit institutions.

Finally, since the Company does not operate as a credit institution and limits its intervention to merely putting the User in contact with its real estate Partners and with the credit institutions or brokers associated with its Website, the Company cannot be held responsible for:

  • - the quality of the advice given by the real estate Partners and/or credit institutions to the User once he/she has been contacted through the Services;
  • - the positive or negative response, tacit or express, of a partner lending institution or an intermediary to the User's request for financing;
  • - the correct execution of the real estate loan concluded between a credit institution or an associated intermediary and the User;
  • - the absolute legality of the financing solutions offered by a partner credit institution;
  • - the non-compliance by the credit institution with the User's choices regarding the processing of his personal data.

5.3 EXCLUSION AND LIMITATION OF LIABILITY

The User is solely responsible for the use made of the Website and the Services accessed from the Website.

The Company shall in no event be liable in the context of any proceedings brought against the User who has been guilty of non-compliant use of the Website and/or the Services it offers.

The User acknowledges and agrees in this regard that he/she shall be personally liable for any claim or proceeding brought against the Company as a result of his/her non-compliant use of the Services and/or the Website.

The Website may contain hyperlinks to third party websites. In this regard, given the evanescent nature of the content that may be disseminated, the Company shall not be liable in the event that the content of such third-party Internet sites contravenes the legal and/or regulatory provisions in force.

In any case, the Company shall not be liable:

  • - in the event of unavailability of the Services for reasons such as failure of the public electricity network, failure of cable telecommunications networks, loss of connectivity to the Internet network due to public or private operators, including the User, the causes of which stem in particular from strikes, storms, earthquakes or any other cause having the characteristics of force majeure;
  • - in the event of use of the Services by a User under conditions which do not comply with the General Terms and Conditions;
  • - within the limits of applicable law, for any consequential damages, including loss of profits, data or any other loss of intangible property, even if the Company has been informed of the possibility of such damages, which may occur due to

- (i) the use of or the inability to use the Services

- (ii) as a result of access to such Services by an unauthorized User.

The Company shall not be liable for any malfunction, whatever its nature, of the User's computer equipment or Internet access connection when accessing the Website and, in general, the Services.

In particular, the Company cannot guarantee to the User of the Services:

  • that there will be no problems with the speed of access to the Website and/or the speed of buffering of the User's computer of the videos accessible through the Services that the User may encounter.
  • the quality of the texts, information, descriptions and photographs attached to the advertisements for the rental and/or sale of properties published by the User and/or the Real Estate Partners and accessible through their Services;

5.4 FORCE MAJEURE

The Company may not be held liable if the performance of one of its obligations is prevented or delayed by a case of force majeure, as defined by the jurisprudence of the Spanish courts, and in particular by natural disasters, fire, malfunction or interruption of the telecommunications network or the electricity network. Likewise, apart from the cases expressly mentioned in the law, and where expressly stated in the General Conditions, the Company shall not be liable for those events which could not have been foreseen or which, if foreseen, were unavoidable.

6. INCIDENTS - TECHNICAL ASSISTANCE

For any information of a technical nature or relating to the operation of the Services accessible through the Website, the User is invited to refer to the section entitled "Contact" accessible on the Website and/or to send his/her request to the following e-mail address. info@mubawab.com

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

7.1 COPYRIGHT ON THE COMPANY'S WEBSITE

The Company is the owner or licensee of the intellectual property rights to both the general structure of the Website and its content (texts, slogans, graphics, images, videos, photos and other content).

Therefore, in accordance with the provisions of the Intellectual Property Law, any representation, reproduction, modification, distortion and/or exploitation of all or part of the Website and/or its content and/or the Services, by any process and on any medium whatsoever, without the express prior authorization of the Company, is prohibited and constitutes an act of copyright infringement.

Furthermore, any unauthorized use of the Website and/or its contents and/or the Services shall engage the User's criminal and civil liability for copyright infringement.

The Company intends to disclose the Website and the Services only for the purpose of providing access to them on the Internet, and this:

  • - (i) from a computer or equivalent terminal with access to one or more telecommunications networks that allow access to the Internet and Internet web browsers (such as Google Chrome, Mozilla Firefox, Opera, Safari, and so on);
  • - (ii) a telephone terminal with access to a telecommunications network that allows access to the Internet (EDGE, 3G, 4G, etc.);

Any other use of the Website and/or the Services is considered as of right reserved to the Company and constitutes a breach of its right to use the Website and/or the Services.

7.2 TRADEMARKS, LOGOS AND DISTINCTIVE SIGNS

The trademarks, logos, company names, acronyms, trade names, signs and/or domain names of the Company and/or its business partners mentioned on the Website, which allow access to the Services made available by the Company, constitute distinctive signs that may not be used without the prior and express authorization of their owner.

Therefore, any representation and/or reproduction and/or partial or total exploitation of these distinctive signs, as well as the usurpation of the Company's name, trade name and domain name, are prohibited and constitute an infringement of the trademark, in accordance with the provisions of Law 17/2001 of December 7, 2001 on Trademarks (hereinafter "Trademark Law"), which engage the civil or, where appropriate, criminal liability of the infringer.

7.3 DATABASES AND SUI GENERIS RIGHT

The User irrevocably acknowledges that the Website and the Services consist of one or more databases made available by the Company in its capacity as producer of such databases within the meaning of Article 12 of the Intellectual Property Law.

Therefore, in accordance with the provisions of the first chapter of the first part of the same Code, the User is prohibited:

  • the extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Website and/or the Services on another support, by any means and in any form, including for the purpose of use or consultation by a means and/or process(es) not authorized by the Company;
  • reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Website and/or the Services, in any form, including by means of a hypertext link, means and/or process(es) not authorized by the Company;
  • the creation, publication, maintenance, updating, importing, exporting, making available to third parties, free of charge or for a fee, and participation in the aforementioned acts, of a competing database derived from all or part of one or more of the Company's databases;
  • the display on a screen by a process or means of communication other than those by which the Company intends to disseminate the Website and the specified Services;
  • in general, any extraction, use, storage, storage, reproduction, representation or conservation, direct or indirect, partial or total, even in buffer or temporary memory, qualitatively or quantitatively substantial of the content of one or more of the Company's databases, committed by one of the processes mentioned above, including by a means not authorized by the Company, is strictly prohibited.

7.4 CONTENT OF THE SERVICES

The User acknowledges and accepts that access to the Website and the Services made available by the Company does not imply any transfer or concession of intellectual and industrial property rights (in particular, copyright) or other rights to the User.

Access to the Services is limited exclusively to the private and personal use of the User under the conditions and limits defined in the General Terms and Conditions and in accordance with the provisions of the Intellectual Property and Trademark Laws.

Thus, the User acknowledges and accepts that the private and personal use granted by the Company for access to its Services excludes, in particular, access to the Services with a view to a collective use of their content, reproduction, representation, resale, exchange, rental, transfer to a third party, modification, adaptation, correction, whether free of charge or for remuneration, of all or part of the Website, the Services or their content.

7.5 HYPERLINKS

The hypertext links accessible on the Website, allowing access to the Services, to other websites and generally to all resources available on the Internet do not engage the Company's responsibility.

The User may under no circumstances establish deep links to web pages of the Website, allowing access to the Services, by any technical procedure aimed at circumventing the User's identification field or proceeding to the extraction of all or part of the contents of the Services made available by the Company. The technique known as "framing" (as well as the usurpation of the Company's name, trade name and domain name, which may engage the civil or, where appropriate, criminal liability of its author) is prohibited, unless expressly authorized in writing by the Company.

PERSONAL DATA PROTECTION AND PRIVACY POLICY

Mubawab is responsible for the processing of personal data that you submit through our Website. We protect your personal information using industry standard techniques, and we will always keep you informed when significant changes are made to this Privacy and Personal Data Protection Policy.

Your trust is most important to us, and therefore we protect your personal information and, subject to Article 8.1.3, we will only provide it to third parties: (1) with your consent; (2) when necessary to process your instructions; (3) when required by law, subpoena or other legal process.

In connection with the foregoing, we urge all Users to carefully read this Personal Data Protection and Privacy Policy in order to inform themselves about the rules and practices we have developed to protect personal data and to better understand our relationships with third parties who may have access to such data

In any case, the User is solely responsible for the information provided on the Website and if in the future Mubawab wishes to use it for purposes other than those referred to, we will inform you of these new purposes and request your consent, if necessary.

8.1 RIGHT TO INFORMATION

Mubawab guarantees Internet users accessing the Website that the data provided through this Website will be treated in compliance with the provisions of the Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter, "LOPDGDD") and the General Data Protection Regulation of the European Union (hereinafter, "GDPR").

To this end, Mubawab informs Users about the procedure followed by the Company to collect their personal data and the uses to which they will be put.

8.1.1 NATURE OF THE PERSONAL DATA COLLECTED BY THE COMPANY

By browsing the Website, the User agrees that the Company may use his or her personal data, in particular:

  • - your full name;
  • - your telephone numbers
  • - your postal address;
  • - the country of origin (from where the advertisement has been viewed)
  • - your e-mail address;
  • - your IP address (virtual address of your computer);
  • - your unique identifier and password.

The Company obtains Users' personal data through the following means:

  • - Request for Information or Contact through the Contact / Inquiry Form on the Website;
  • - Registration as a User (Client or Real Estate Partner) through the Website, for the use of the Services offered through the incorporation of data required in the online form;
  • - Real estate valuation report through the Web Site, with the data of the valued property, Cadastre data and witnesses used to carry out the valuation;
  • - Request and comparison of mortgages through the online form provided for this purpose on the Web Site;
  • - Cookies for more information on the matter consult the article referred to our Cookies Policy.

8.1.2 DATA CONTROLLER

The party responsible for the processing of the User's personal data is the trading company with the following details:

Mubawab S.L. (Mubawab)
Avenida de la Vía Augusta, 15-25
08174 Sant Cugat del Vallès
Barcelona, Spain
info@mubawab.com
EN B-65259699

8.1.3 LEGITIMATION, PURPOSE AND RECIPIENTS OF THE PROCESSING OF PERSONAL DATA

The User accepts that the User's personal data collected from him/her and processed by the Company are intended to allow the Company, on a contractual relationship or legitimate interest linked to the acceptance of the General Conditions, to satisfy the requests of the Users for purposes of commercial management of the clientele, management of the computer services, and, in particular, to:

  • - to establish general statistics on the traffic of its Website and the various sections contained therein;
  • - to send by e-mail to the User replies, various information or announcements published on the Site by the Company or its real estate Partners;
  • - to send to the User newsletters by e-mail on the development of the Site and the various sections of the Site;
  • - transmit requests for information made by the User to third party Partners selected by the Company or to other third party organizations for advertising purposes. These Partners include, in particular, real estate agencies, real estate developers, individuals or credit institutions, for the purpose of transmitting the User's contact details for the sole purpose of helping you find a home, or providing you with additional information for a mortgage or mortgage loan, and you authorize the company to receive your details and to contact you.
  • - Sending email alerts to customers who have requested a selection of properties.

Certain services provided on the Website may contain particular conditions of use with provisions on the protection of personal data, which prevail over this Personal Data Protection and Privacy Policy. In this regard, it is important for the User to bear in mind the following warnings

8.1.4 USER CONSENT

Website or e-mail messages or content provided by the User through the Website, implies the express consent of the sender to the processing of the data included in the means of communication indicated. The User's acceptance for his/her data to be processed for the purposes referred to in article 8.1.3 of this Personal Data Protection and Privacy Policy is always revocable, without retroactive effects, in accordance with the provisions of current legislation and the RGPD. In this sense, the User guarantees that the personal data provided to the Company are truthful and is responsible for communicating to the Company any modification thereof, through the following email: droits@mubawab.com. You can also update your [telephone or email address] through your private area on the Website.

8.2 DATA SUBJECTS' RIGHTS

8.2.1 Rights of objection, access, rectification and limitation, deletion and portability of data

In accordance with the RGPD and the LOPDGDD, the User may, at any time:

  • - oppose the processing of his/her personal data within the framework of the Services provided by the Company;
  • - oppose the communication of personal data concerning him/her to third parties;
  • - access all personal data processed within the framework of the Services provided by the Company;
  • - rectify, update and delete their personal data processed within the framework of the Services provided by the Company;
  • - temporarily freeze the use of the data by exercising the right of rectification and the right to object to the use of personal data;
  • - request the limitation of the processing of your personal data when the accuracy, lawfulness or necessity of the data processing is in doubt, in which case, we may keep them blocked for the exercise or defense of claims;
  • - to retrieve the data provided to the data controller for your personal use or to transmit it to a third party of your choice;
  • - revoke the consent given to the Company.

The User may exercise the rights of opposition, access, rectification and limitation, deletion and portability of data in accordance with the provisions of the GDPR by sending an email to the following email address: droits@mubawab.com.

Likewise, the User has the right to file a complaint with the Spanish Data Protection Agency if he/she considers that a breach of data protection legislation has been committed with respect to the processing of his/her personal data.

8.2.2 MODALITIES FOR THE EXERCISE OF RIGHTS BY THE USER

In accordance with the GDPR, in order to exercise their rights the User must send an email to the address droits@mubawab.com or by writing to the contact details mentioned in article 8.1.2 of this Personal Data Protection and Privacy Policy, taking care to prove their identity in both cases (by mentioning their name and surname, email address and attaching a copy of their identity document).

8.3 CONFIDENTIALITY, SECURITY, ARCHIVING AND INTERNATIONAL TRANSFERS OF THE USER'S PERSONAL DATA

The Company collects and treats the User's personal data with the utmost confidentiality, and in compliance with the provisions of the GDPR. The Company undertakes to take all reasonable measures necessary to secure and protect the personal data of the Users of its Website and Services, collected and processed by it. These data, for purely technical reasons and to provide the level of service to the User, are stored on the Company's servers in Spain.

Without prejudice to the provisions of article 8.4 below, all personal data of the User are electronically archived by the Company for the duration of the User's registration on the Website and are deleted within a limit of (3) years from the date of the first acceptance of the General Conditions by the User, once the User's registration has been cancelled.

8.4 DATA RETENTION PERIOD

Personal data are kept for a reasonable period of time, proportionate to the purposes of customer management and IT services:

- Customer management data: maximum three (3) years from the date of collection;

- Data collected by cookies: maximum one (1) month from the date of collection. For more information on this subject, please see our Cookie Policy;

- Billing data: six (6) years maximum from the date of collection.

8.5 ADDITIONAL INFORMATION REGARDING THE APP

This Personal Data Protection and Privacy Policy governs your use of the Mubawab software application ("App") for mobile devices that was created by MUBAWAB. The App is the official application for Android where you can easily access all the information in our catalog.

The personal data collected from the Application may also be described in other articles of this "Personal Data Protection and Privacy Policy", including the following purposes:

- Registration and authentication from the Application;

- Google Analytics, cookies and device camera usage data: to optionally generate the user's avatar;

- Geolocation ("GPS"): this Application may occasionally collect, use and share User's location Data for the purpose of providing location-based services;

- Storage: modifying or deleting the contents of your shared storage, as well as reading the contents of your shared storage.

The Application processes User Data in an appropriate manner and will take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the Data. The processing of the Data is carried out using computers and/or IT tools, following procedures and organizational modes strictly related to the stated purposes.

8.6 MODIFICATION OF THE PERSONAL DATA PROTECTION AND PRIVACY POLICY

The Company reserves the right to modify this Personal Data Protection and Privacy Policy in order to adapt it to future legislative or jurisprudential developments, as well as to future uses it plans to make of the personal data of Website Users. In any case, it will previously inform the Users of the changes that take place in this policy. Therefore, the User is recommended to proceed to the reading of the Personal Data Protection and Privacy Policy of the Website every time he/she is going to access it.

Should you wish to make any suggestion or comment in relation to our Personal Data Protection and Privacy Policy, you may contact MUBAWAB S.L., located at Avenida de la Vía Augusta, 15-25, 08174 Sant Cugat del Vallès, or at the following e-mail address: droits@mubawab.com.

8.7 COMPLETENESS OF THE PERSONAL DATA PROTECTION AND PRIVACY POLICY

In the event that any clause of this Personal Data Protection and Privacy Policy should be annulled or considered null and void, the rest of the conditions shall not be affected, and shall remain fully valid and in force, in accordance with the applicable regulations in force at any given time.

9. NEWS BULLETIN ("NEWSLETTER")

By browsing the Website, the User expressly agrees to receive from the Company or its service providers, by e-mail, commercial information that allows the User to learn more about the Services published and operated by the Company ("Commercial Information"). The Company reserves the right to use and communicate the User's personal data to third parties, in particular to market research companies or survey institutes, exclusively for research and analysis purposes or to third party companies within the framework of commercial offers, whether or not sent by e-mail.

The User may exercise the rights of opposition, access, rectification and limitation, deletion and portability of the data in accordance with the provisions of the RGPD by sending an e-mail to the following address: droits@mubawab.com.

10. COOKIE POLICY

In compliance with the provisions of Article 22.2 of Law 34/2002, of July 11, 2002, of Services of the Information Company and Electronic Commerce, MUBAWAB informs about the policy of collection and treatment of cookies, also used cookies or computer cookies, or other files of similar functionality (hereinafter, the "cookies").

In any case, we inform that MUBAWAB is responsible for the cookies and the processing of data obtained through own and third party cookies deciding on the purpose, content and use of the processing of the information collected. For more information regarding the processing of personal data on our Website, please refer to the article on our Personal Data Protection and Privacy Policy.

MUBAWAB reserves the right to modify this Cookie Policy from time to time. Each time you wish to use this Website, please review this Cookie Policy to ensure that you understand the rules that apply at that time. The modified Cookie Policy will be effective as of the date indicated therein. The last modification of this Cookie Policy was made on 20/05/21.

10.1 WHAT ARE COOKIES?

This Website uses cookies and/or similar technologies that store and retrieve information when you browse.

- First-party cookies are cookies that are generated by the website you are visiting and can only be read by that website. In addition, a website may also use external services, which generate their own cookies: third-party cookies.

- Persistent cookies are those that are stored on your computer and are not automatically deleted when you exit your browser (unlike session cookies, which are deleted when you exit your browser).

Each time you visit our Website, you will be asked to accept or decline cookies. The purpose is to remember your preferences (user name, language, etc.) for a certain period of time. Thus, you do not have to indicate them again when browsing our Web pages during the same visit.

In general, these technologies can serve a variety of purposes, such as, for example, recognizing you as a User, obtaining information about your browsing habits, or customizing the way in which content is displayed. The specific uses we make of these technologies are described below.

10.2 WHAT TYPES OF COOKIES EXIST AND THEIR PURPOSE?

Depending on the purpose for which the data obtained through cookies are processed, we can distinguish between:

- Analysis Cookies: are those that, treated by us or by third parties, allow us to quantify the number of Users and thus perform the measurement and statistical analysis of the use made by Users of the Service offered. For this purpose, your browsing on our Website is analyzed in order to improve the offer [of products] or Services that we offer.

- Advertising Cookies: are those that allow the management, in the most effective way possible, of advertising spaces that, where appropriate, have been included on a web page, application or platform from which provides the requested service based on criteria such as the edited content or the frequency at which the ads are displayed.

- Behavioral advertising cookies: are those that, treated by us or by third parties, allow us to analyze your browsing habits on the Internet so that we can show you advertising related to your browsing profile.

- Operational or technical Cookies: These are those that allow the user to browse through the web page, and the use of the different options or services that exist in it as, for example, control traffic and data communication, identify the session, access parts of restricted access, use security features during navigation, store content for broadcasting videos or sound or share content through social networks.

- Personalization or functional Cookies: These are those such as visitor preferences that allow the User to access the Services with some general characteristics predefined according to a series of criteria in the User's terminal such as the language, the type of browser through which the User accesses the Services, the regional configuration from where the User accesses the Services, and so on.

- Cybersecurity technical cookies: These are those technical cookies for cybersecurity purposes (never analytical or advertising) to block attacks. For more information on the data processing that is performed, please see [the security activity log on the web and in emails].

At MUBAWAB we are aware of the protection of your personal data and regulatory compliance, so if you have any questions or comments, please do not hesitate to contact us via email at droits@mubawab.com.

10.3 WHAT TYPE OF COOKIES DOES THIS WEBSITE USE?

This Website uses both "first-party cookies" generated and controlled by MUBAWAB, and third-party cookies to view some of our web pages, so you will also need to accept cookies from external organizations.

The first-party cookies we use allow us to:

- store visitor preferences

- keep our Website running

- gather analytics data (about User behavior).

Visitor preferences

They are generated by us and cannot be read by anyone else.

They record:

- whether the User has accepted (or rejected) the site's Cookie Policy.

- whether the User has already responded to our pop-up questionnaire on the language of navigation (so as not to be asked to do so again).

Name Service Purpose Cookie type and duration
__sourcc User management Traffic source identification Analytics, 120 000 minutes
__lngc User management Save navigation language 10 000 minutes
__lsc User management Save last search 10 000 minutes
mubawab_lead User management User management 10 000 minutes
__amc User management Interaction save search Session management
countVisitedAds User management Save information for push mobile Session management
__ppe User management Open customer payment reminder Session management
__fvs User management Save favorite ads 120000 minutes

10.3.1 OPERATIONAL COOKIES

Certain cookies are essential for our web pages to function (hence they do not require the User's consent). We refer, in particular, to:

- authentication cookies

- technical cookies required by certain computer systems.

10.3.1.1 AUTHENTICATION COOKIES

They are stored when the User logs on to our website using our authentication service. By doing so, you agree to our Privacy and Personal Data Protection Policy

10.3.1.2 PERSONALIZATION AND FUNCTIONAL COOKIES

They allow the User to navigate through our web pages and use the different options or Services that exist therein.

10.3.2 ANALYTICAL COOKIES

This Website uses third party services to collect information for statistical and web usage purposes. We use them for internal research purposes, in order to improve the Services we offer to all Users. [However, the User is free to reject these types of cookies, either through the banner on cookies that appears on the first page visited by configuring your browser settings.

We also use Google Analytics cookies, the configuration of these cookies is predetermined by the service offered by Google, which is why we recommend that you consult the Google Analytics privacy page at the following URL http://www.google.es/intl/es_ALL/analytics/learn/privacy.html for more information about the cookies you use and how to disable them (on the understanding that we are not responsible for the content or accuracy of third party websites).

10.3.3 ADVERTISING AND BEHAVIORAL ADVERTISING COOKIES

This type of cookie allows us to analyze your Internet browsing habits so that relevant advertising can be displayed on our web pages, thus improving the quality of the user experience on the Website.

The User can freely decide about the implantation or not in his hard disk of our cookies, as well as their elimination, following the procedure established in the help section of his browser. The User can also configure his browser to accept or reject by default all cookies or to receive an on-screen warning of the reception of each cookie and decide at that time whether or not to place it on his hard drive.

10.3.4 THIRD PARTY COOKIES

This Website uses third party services to collect information for statistical purposes and web usage. Cookies are used to improve the advertising included on the Website. They are used to target advertising according to the content that is relevant to a User, thus improving the quality of experience in the use of this.

In addition, the Website displays content from third-party providers, such as [YouTube, etc.]. Our Website also includes other functionality provided by third parties. You can easily share content on social networking services such as Facebook or Twitter, with the buttons we have included for that purpose.

To access third-party content, Users must first accept the conditions that these third parties apply (including their cookie policies, which are beyond our control). If Users choose not to access these contents, these third-party cookies are not installed on their devices.

Third-party services are beyond the control of MUBAWAB. Providers may modify their terms of service, purpose and use of cookies at any time. For your information, the specific cookies used on the Website are described below:

External providers on the Website

Criteo, provider of "retargeting" or "remarketing" services: https://www.criteo.com/terms-and-conditions/

Rtbhouse, provider of "retargeting" or "remarketing" services: https://www.rtbhouse.com/terms-publishers/RTB%20House%20_SSP_IT_ENG_final_v19.12.2018.pdf

Google Ads, provider of sponsored advertising services to potential advertisers ("digital marketing"): https://payments.google.com/u/0/paymentsinfofinder?hostOrigin=aHR0cHM6Ly9wYXltZW50cy5nb29nbGUuY29tOjQyNDY.&sri=-21

Google Analytics, tracking of traffic on the Website, https://marketingplatform.google.com/about/analytics/terms/fr

HotJar, provider of tracking of Users' browsing on the Website, used to improve your experience, https://www.hotjar.com/legal/policies/terms-of-service/.

Google Tag manager, Google's tool for managing Java scripts on the Web Site, https://www.google.com/analytics/terms/tag-manager/

Google DFP, advertising management tool and management of advertising campaigns based on banners campaigns within the Web Site, https://www.google.com/doubleclick/publishers/small-business/terms/

Facebook, User tracking cookie for linking to digital marketing and retargeting campaigns, https://www.facebook.com/policies/ads/#, https://www.facebook.com/legal/self_service_ads_terms

You can find out about the transfers to third countries that, where appropriate, are made by the third parties identified in this Cookies Policy in their corresponding policies (see the links provided in this article). The different mechanisms of regularization of the international transfer, if any, will be informed by such third parties.

10.4 HOW TO MODIFY THE CONFIGURATION OF COOKIES?

The User can restrict, block or delete cookies from the Website, or any other web page, using your browser. In each browser the operation is different, the 'Help' function will show you how to do it; we show information of the most used browsers on the Internet:

Internet Explorer:

https://support.microsoft.com/en-US/topic/supprimer-et-g%C3%A9rer-les-cookies-168dab11-0753-043d-7c16-ede5947fc64d

Microsoft Edge:

https://support.microsoft.com/en/help/4468242/microsoft-edge-browsing-data-and-privacy-microsoft-privacy

Firefox:

https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox

Chrome:

support.google.com/chrome/answer/95647?hl=en

Safari:

https://www.apple.com/legal/privacy/fr-ww/cookies/

Please note that if you accept third-party cookies, you will need to delete them from the browser options or from the system offered by the third party itself.

Other third-party tools available also allow you to detect cookies on each website you visit and manage their deactivation. If you wish to have greater control over the installation of cookies, you can install programs or add-ons to your browser, known as "Do Not Track" tools, which will allow you to choose which cookies you wish to allow. As an example, the free open source browser extension "Privacy Badger" available at the URL:

https://privacybadger.org/.

10.4.1 CONFIGURATION IN OPERATING SYSTEMS FOR MOBILE DEVICES

As with computer browsers, browsers on mobile devices allow you to make changes to privacy options or settings to disable or delete cookies. If you wish to modify your privacy settings, please follow the instructions specified by the developer of your mobile device browser.

Below, for your convenience, you can find some examples of links that will guide you to modify the privacy settings on your mobile device:

- How to enable or disable cookies - Android

https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DAndroid&hl=en

- Clear Safari history and cookies on iPhone, iPad or iPod touch

https://support.apple.com/en-us/HT201265

10.4.2 COOKIE DELETION WARNING

If you reject cookies you may continue to use the Website, although this may limit the use of some features or prevent the optimal functioning of the Website (for example, you may lose some of the information you have saved such as login identifiers or your preferences for the Website), and it will be necessary for the User to log in as such in each of the Services whose provision requires registration or login.

10.5 ADDITIONAL INFORMATION

For more information on the use of cookies, please see https://www.allaboutcookies.org/.

Please note that if you choose to disable cookies on your device, this will mean that some features of our Website or applications may not function properly and the usability of the Services may be affected. For more information about cookies and behavioral advertising, you can visit: https://www.youronlinechoices.eu.

Have you detected any additional cookies or trackers? Please let us know by email at droits@mubawab.com so that we can take action.

11. SAFEGUARD

11.1 CORRESPONDENCE - PROOFS

Unless otherwise specified in these General Terms and Conditions, correspondence between the Company and the User is carried out exclusively by e-mail. In application of the Civil Code, the User acknowledges and accepts that the information delivered by the Company by e-mail and on its Website is authentic between him and the Company. Elements such as the time of receipt or transmission, as well as the quality of the data received, shall be considered authentic in priority as they appear on the Company's Website, or as authenticated by the Company's IT procedures, unless the User provides written proof to the contrary. The scope of proof of the information provided by the Company's Website is that granted to an original in the sense of a document written on paper, signed by hand.

11.2 COMPLETENESS

The General Conditions express the entirety of the obligations of the Company and the User. The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations set forth herein cannot be construed as a waiver of the obligation in question.

11.3 PARTIAL INVALIDITY

In the event that one or more provisions of these General Terms and Conditions are deemed invalid, deemed unwritten or declared as such in application of a law, regulation or following a decision of a court of last instance, the other provisions shall retain their full force and scope and shall remain fully applicable, unless the invalid provisions are of a substantial nature and their disappearance would call into question the contractual balance.

11.4 HEADINGS

In the event of difficulties of interpretation between one of the headings appearing in the heading of the clauses of the General Conditions and one of the clauses, the headings shall be declared non-existent.

12. APPLICABLE LAW AND COMPETENT JURISDICTION

The present General Conditions are subject to Spanish law. In the event of litigation relating to the application, interpretation, validity and execution of these General Conditions, and in the absence of an amicable agreement between the parties, jurisdiction is expressly attributed to the Spanish courts.

13. GENERAL RULES FOR THE PUBLICATION OF LISTINGS

When publishing an advertisement on Mubawab, some rules must be respected:

- The description of the advertisement must serve to describe the specific property published. The text of the same advertisement must not propose several properties.

- The ad must be published in the category corresponding to the property.

- The published ad must be geolocated in its city, and ideally when the system allows it, by neighborhood.

- It is forbidden to publish several ads for the same property, so it is forbidden to have several times the same ad on the site.

- It is forbidden to publish an ad written in a foreign language. The only written languages allowed on Mubawab are Arabic and French.

- It is forbidden to publish a political, sectarian, discriminatory or sexist advertisement.

- Individuals can have a maximum of 2 ads online simultaneously. Only professionals can post more than 2 ads online simultaneously, through their Professional Account.