PRIVACY AND DATA PROTECTION POLICY
Respecting that which is established in the current legislation, marbella-sky-homes.com (from now on, also Website) undertakes to adopt the necessary technical and organisational 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 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGDP)
- Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (LOPD-GDD)
- Royal Decree 1720/2007, of 21 December, which approves the Regulations for the Development of Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).
- Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).
IDENTITY OF THE PERSON RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA
The person responsible for processing the personal data collected on the website is Michael Bergmann, with NIE …………… (hereinafter the Data Controller). Their contact details are as follows:
Address: C/Limonero s/n – Benahavís-Marbella- Málaga-Spain.
DATA PROTECTION OFFICER (DPD)
The Data Protection Officer (DPD or DPO) is responsible for ensuring compliance with the data protection regulations to which he is subject. The User may contact the DPD designated by the Data Controller using the following contact details:
Address: C/Limonero s/n – Benahavís-Marbella- Málaga-Spain.
PERSONAL DATA REGISTER
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by by-bright.com through the forms provided on their pages will be incorporated and processed in our files in order to facilitate, expedite and fulfill the commitments established between marbella-sky-home.com and the User or for the continuation of the relationship established in the forms that the User fills in, or to respond to a request or enquiry from the User. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in Art. 30.5 of the RGPD is applicable, a register of processing activities is kept that specifies, according to its purposes, the processing 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 principles set out in Art. 5 of the RGPD and in Art. 4 and following of the Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights.
CATEGORIES OF PERSONAL DATA
The categories of data processed in marbella-sky-home.com are only identifying data. In no case are special categories of personal data processed within the meaning of Art. 9 of the RGPD.
LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA
The legal basis for the processing of personal data is consent. Marbella-sky-home.com hereby undertakes to obtain the User’s consent to the processing of his or her personal data for one or more specific purposes.
The User shall have the right to withdraw his consent at any time. As a general rule, withdrawal of consent shall not condition the use of the Website.
On the occasions when the User must or may provide his/her data through forms to make queries, request information or for reasons related to the content of the Website, the User will be informed if the completion of any of these forms is compulsory because they will be essential for the correct execution of the operation carried out.
Respecting the provisions of Art. 8 of the RGPD and 7 of the Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights, only those over 14 years of age may give their consent to the processing of personal data in a lawful manner by marbella-sky-home.com.
In the case of a minor under 14 years of age, the consent of the parents or legal guardians shall be required for processing.
PERIODS OF RETENTION OF PERSONAL DATA
Personal data will only be kept for the minimum time necessary for the purposes of processing and, in any case, only for the period of 12 months or until the User requests its deletion.
RECIPIENTS OF PERSONAL DATA
The User’s personal data will be shared with the following recipients or categories of recipients:
- Financial Institutions
- Insurance Companies
- Real Estate Agencies
SECRECY AND SECURITY OF PERSONAL DATA
Marbella-sky-home.com undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of the personal data and to prevent accidental or unlawful destruction, loss or alteration of, or unauthorised continuation or access to, the personal data transmitted, stored or otherwise processed.
Nevertheless on the basis that the Data Controller cannot guarantee the impregnability of the Internet or the total absence of hackers or others who access personal data fraudulently, the Data Controller undertakes to inform the User without undue delay when a breach of the security of personal data occurs that is likely to pose a high risk to the rights of the User.
The personal data will be treated as confidential by the Data Controller, who undertakes to inform about and to ensure by means of a legal or contractual obligation that such confidentiality is respected by his companies, associates and any person to whom he makes the information accessible.
RIGHTS ARISING FROM THE PROCESSING OF PERSONAL DATA
The User has over marbella-sky-home.com and can, therefore, exercise against the Data Controller the following rights recognized in the RGPD and in the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:
- Right of access: this is the right of the User to obtain confirmation of whether or not marbella-sky-home.com is processing his personal data and, if so, to obtain information on his specific personal data and the processing carried out or to be carried out, as well as, among other things, information available on the origin of such data and the recipients of the communications carried out or planned.
- Right of rectification: this is the right of the User to have his or her personal data modified if they are found to be inaccurate or, taking into account the purposes of the processing, incomplete or if they have changed.
- Right of suppression (“the right to forget”): is the right of the User, provided that the legislation in force does not provide otherwise, to obtain the deletion of their personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn consent to the processing and this has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data has been processed unlawfully, the personal data must be deleted in compliance with legal obligations; or the personal data has been obtained as a result of a direct offer of IT services to a person under 14 years of age. In addition to the deletion of the data, the data controller shall, taking into account the available technology and the cost of its implementation, take reasonable steps to inform the data controllers who are processing the personal data of the data subject’s request for the deletion of any link to these personal data.
- Right to limit processing: this is the right of the User to limit the processing of his or her personal data. The User has the right to obtain the limitation of the processing when he contests the accuracy of his personal data, the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make complaints; and when the User has objected to the processing.
- Right to the transfer of data: in the event that the processing is carried out by automated means, the User shall have the right to receive from the Data Controller his personal data in a structured, commonly used and machine-readable format and to transmit them to another Data Controller. Wherever technically possible, the data controller shall transmit the data directly to that other controller.
- Right to oppose: is the right of the User to not have his/her personal data processed or to stop the processing of such data by marbella-sky-home.com
- Right not to be subject to a decision based solely on automatic processing, including profiling: this is the right of the User not to be subject to an individualized decision based solely on the automatic processing of his or her personal data, including profiling, unless otherwise provided for by law.
Therefore, the User may exercise his/her rights by means of written communication addressed to the Data Controller with the reference “RGPD-PP-Marbella Sky Home” specifying:
- Name, surname(s) of the User and a copy of their ID card. In the cases in which representation is admitted, it will also be necessary to identify by the same means the persons representing the User, as well as the documentation that accredits such representation. The photocopy of the identity card may be replaced by any other legally valid means that accredits the identity.
- Request with the specific reasons for the request or information to which the user wishes to have access
- Address for notification purposes
- Date and signature of the applicant
- Any document proving the request you make
This application and any other attached documents may be sent to the following address and/or e-mail:
Postal Address: Calle Limonero, Benahavís, Marbella, Málaga 29679.
E-mail Address: firstname.lastname@example.org
LINKS TO THIRD PARTY WEBSITES
The Website may include hyperlinks or links that allow access to third party websites other than marbella-sky-home.com, and which are therefore not operated by marbella-sky-home.com. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.
COMPLAINTS TO THE CONTROL AUTHORITY
If the User considers that there is a problem or infringement of the regulations in force in the way his or her personal data is being processed, he or she will be entitled to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State in which he or she has his or her habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).