I. PRIVACY AND DATA PROTECTION POLICY
Respecting the provisions of current legislation, Balcón de Montemar (hereinafter also the Website) undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.
- Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD).
- Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
- Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
- Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).
Identity of the person responsible for the processing of personal data
The person responsible for the treatment of the personal data collected in Balcón de Montemar is: Zamotan S.L., with NIF: B93505139, (hereinafter, Responsible for the treatment). Their contact details are as follows:
Dirección: C/Cuarteles 2 – Entreplanta, Oficina B – 29002, Málaga
Personal Data Record
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Balcón de Montemar, through the forms extended on its pages will be incorporated and will be treated in our file in order to facilitate, expedite and fulfill the commitments established between Balcón de Montemar and the User or the maintenance of the relationship established in the forms that the User fills in, or to attend to a request or query from the User. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in article 30.5 of the RGPD is applicable, a record of treatment activities is kept that specifies, according to its purposes, the treatment activities carried out and the other circumstances established in the RGPD.
Principles applicable to the processing of personal data
The processing of the User’s personal data will be subject to the following principles contained in article 5 of the RGPD and in article 4 and following of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of the digital rights:
- Principle of legality, loyalty and transparency: the consent of the User will be required at all times, prior completely transparent information of the purposes for which the personal data is collected.
- Purpose limitation principle: personal data will be collected for specific, explicit and legitimate purposes.
- Principle of data minimization: the personal data collected will only be those strictly necessary in relation to the purposes for which they are processed.
- Principle of accuracy: personal data must be accurate and always up-to-date.
- Principle of limitation of the conservation period: personal data will only be kept in a way that allows the identification of the User for the time necessary for the purposes of its treatment.
- Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
- Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are met.
Categories of personal data
The categories of data that are treated in Balcón de Montemar are only identifying data. In no case are special categories of personal data processed in the sense of article 9 of the RGPD.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. Balcón de Montemar undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.
The User will have the right to withdraw their consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.
On the occasions in which the User must or may provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, they will be informed if the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.
Purposes of the treatment to which the personal data are destined
Personal data is collected and managed by Balcón de Montemar in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills in or to attend. a request or inquiry.
Likewise, the data may be used for a commercial purpose of personalization, operational and statistical, and activities of the corporate purpose of Balcón de Montemar, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as improving the quality, operation and navigation of the Website.
At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the treatment to which the personal data will be used; that is, the use or uses that will be given to the information collected.
Retention periods of personal data
Personal data will only be retained for the minimum time necessary for the purposes of its treatment and, in any case, only during the following period: 24 months, or until the User requests its deletion.
At the time the personal data is obtained, the User will be informed about the period during which the personal data will be kept or, when that is not possible, the criteria used to determine this period.
Recipients of personal data
The User’s personal data will not be shared with third parties.
In any case, at the time the personal data is obtained, the User will be informed about the recipients or the categories of recipients of the personal data.
Personal data of minors
Respecting the provisions of articles 8 of the RGPD and 7 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may grant their consent for the treatment of your personal data in a lawful manner by Balcón de Montemar. In the case of a minor under 14 years of age, the consent of the parents or guardians will be necessary for the treatment, and this will only be considered lawful to the extent that they have authorized it.
Secrecy and security of personal data
Balcón de Montemar undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to guarantee the security of personal data and avoid accidental destruction, loss or alteration or illicit personal data transmitted, stored or otherwise processed, or the unauthorized communication or access to said data.
The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted safely and confidentially, as the data is transmitted between the server and the User, and in feedback, fully encrypted or encrypted. .
However, because Balcón de Montemar cannot guarantee the unenforceability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a violation of the security of personal data that is likely to involve a high risk to the rights and freedoms of natural persons. Following the provisions of article 4 of the RGPD, a violation of the security of personal data is understood to be any violation of security that causes the destruction, loss or accidental or illegal alteration of personal data transmitted, preserved or otherwise processed, or unauthorized communication or access to said data.
The personal data will be treated as confidential by the person in charge of the treatment, who undertakes to inform about and guarantee through a legal or contractual obligation that said confidentiality is respected by his employees, associates, and any person to whom the information is made accessible. information.
Rights derived from the processing of personal data
The User has over Balcón de Montemar and may, therefore, exercise the following rights recognized in the RGPD and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:
- Right of access: It is the right of the User to obtain confirmation of whether or not Balcón de Montemar is treating their personal data and, if so, to obtain information about their specific personal data and the treatment that Balcón de Montemar has carried out or carries out. , as well as, among other things, the information available on the origin of said data and the recipients of the communications made or planned thereof.
- Right of rectification: It is the right of the User to have their personal data modified that turns out to be inaccurate or, taking into account the purposes of the treatment, incomplete.
- Right of deletion (“the right to be forgotten”): It is the right of the User, provided that current legislation does not establish otherwise, to obtain the deletion of their personal data when they are no longer necessary for the purposes for which they were collected. or treaties; The User has withdrawn his consent to the treatment and this does not have another legal basis; the User opposes the treatment and there is no other legitimate reason to continue with it; the personal data has been unlawfully processed; personal data must be deleted in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its application, must adopt reasonable measures to inform those responsible for processing the personal data of the interested party’s request to delete any link to those personal data.
- Right to limitation of treatment: It is the right of the User to limit the processing of their personal data. The User has the right to obtain the limitation of the treatment when he disputes the accuracy of his personal data; the treatment is unlawful; The person in charge of the treatment no longer needs the personal data, but the User needs it to make claims; and when the User has opposed the treatment.
- Right to data portability: In the event that the treatment is carried out by automated means, the User will have the right to receive from the Person in charge of the treatment their personal data in a structured format, of common use and mechanical reading, and to transmit them to another person in charge. of the treatment. Whenever technically possible, the Data Controller will directly transmit the data to that other controller.
- Right of opposition: It is the right of the User not to carry out the processing of their personal data or to cease their treatment by Balcón de Montemar.
- Right not to be the subject of a decision based solely on automated processing, including profiling: It is the User’s right not to be subject to an individualized decision based solely on automated processing of their personal data, including the Profiling, existing unless current legislation establishes otherwise.
Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference “RGPD-Balcón de Montemar”, specifying:
- Name, surname of the User and copy of the DNI. In the cases in which representation is admitted, it will also be necessary to identify the person representing the User by the same means, as well as the document proving the representation. The photocopy of the DNI may be replaced by any other legally valid means that proves identity.
- Request with the specific reasons for the request or information to which you want to access.
- Address for notification purposes.
- Applicant’s date and signature.
- Any document that proves the request you make.
This request and any other attached document may be sent to the following email: firstname.lastname@example.org
Links to third party websites
The Website may include hyperlinks or links that allow access to web pages of third parties other than Balcón de Montemar, and that therefore are not operated by Balcón de Montemar. The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.
Claims before the supervisory authority
In the event that the User considers that there is a problem or violation of current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a claim with a control authority, in particular, in the State in which you have your habitual residence, place of work or place of the alleged offense. In the case of Spain, the control authority is the Spanish Agency for Data Protection (http://www.agpd.es).