I. POLICY OF PRIVACY AND PROTECTION OF INFORMATION
Respecting the established in the in force legislation, Palacio Almagra (hereinafter, also Web Site) commits itself to adopt the necessary technical and organizational measures, according to the level of security adapted to the risk of the gathered data.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
The Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
Royal Decree 1720/2007, of December 21, which approves the Regulation implementing Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE).
Identity of the person responsible for the processing of personal data
The person in charge of the treatment of the personal data gathered in Palacio Almagra is: Hispacontrol Restaura S.L., with NIF: B93260461 (from now on, Person in charge of the treatment). Its contact details are as follows:
Address and fiscal domicile: La Era 7 – 29016 – Málaga
Contact telephone: 958216228
Contact email: firstname.lastname@example.org
Registration of Personal Data
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Palacio Almagra, through the forms on their pages will be incorporated and will be treated in our file in order to facilitate, expedite and fulfill the commitments established between Palacio Almagra and the User or the maintenance of the relationship established in the forms that this fill, or to respond to a request or query from the same. Also, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in Article 30.5 of the RGPD applies, a record of processing activities is kept which specifies, according to their purposes, the processing activities carried out and other circumstances established in the RGPD.
Principles applicable to the processing of personal data
The processing of the User’s personal data shall be subject to the following principles set out in Article 5 of the GDPR and in Article 4 et seq. of Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights:
Principle of lawfulness, fairness and transparency: the consent of the User shall be required at all times following fully transparent information of the purposes for which the personal data are collected.
Purpose limitation principle: personal data will be collected for specified, explicit and legitimate purposes.
Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
Accuracy principle: personal data must be accurate and always up to date.
Principle of limitation of the storage period: personal data shall only be kept in such a way as to allow the identification of the User for the time necessary for the purposes of their processing.
Principle of integrity and confidentiality: personal data will be processed in such a way as to ensure their security and confidentiality.
Principle of proactive responsibility: the Data Controller shall be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed by Palacio Almagra are only identification data. In no case, special categories of personal data within the meaning of Article 9 of the GDPR are processed.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. Palacio Almagra undertakes to obtain the express and verifiable consent of the User for the processing of his personal data for one or more specific purposes.
The User will have the right to withdraw his consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent shall not condition the use of the Website.
On the occasions when 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 proper development of the operation carried out.
Purposes of the processing for which the personal data is used
The personal information is gathered and managed by Palacio Almagra with the purpose of being able to facilitate, to speed up and to fulfill the commitments established between the Web site and the User or the maintenance of the relation that is established in the forms that this last one fills up or to attend to a request or consultation.
Equally, the information will be able to be used with a commercial purpose of personalization, operative and statistical, and own activities of the social object of Palacio Almagra, as well as for the extraction, storage of information and marketing studies to adapt the Content offered to the User, as well as to improve the quality, functioning and navigation for the Web site.
At the moment in which the personal data are obtained, the User will be informed about the specific purpose or purposes of the treatment to which the personal data will be destined; that is to say, of the use or uses that will be given to the collected information.
Retention periods of personal data
Personal data will only be retained for the minimum time necessary for the purposes of their treatment and, in any case, only for the following period: As long as the business relationship is maintained or you do not request their deletion and for the period for which legal liabilities may arise for the services provided, or until the User requests their 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 this 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 collected, the User will be informed about the recipients or categories of recipients of the personal data.
Personal data of minors
Respecting the provisions of Articles 8 of the RGPD and 7 of the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may give their consent to the processing of their personal data in a lawful manner by Palacio Almagra. 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 the personal data
Palacio Almagra 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 ensure the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.
The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, fully encrypted or encrypted.
However, because Palacio Almagra cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to inform the User without undue delay when there is a breach of 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 GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.
Rights derived from the treatment of personal data
The User has over Palacio Almagra and may, therefore, exercise against the Data Controller the following rights recognized in the RGPD and the Organic Law 3/2018 of 5 December 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 if Palacio Almagra is treating or not his personal information and, in affirmative case, to obtain information on his concrete information of personal character and of the treatment that Palacio Almagra has realized or realizes, as well as, between other one, of the available information on the origin of the above mentioned information and the addressees of the realized or foreseen communications of the same ones.
Right of rectification: This is the User’s right to have his or her personal data that proves to be inaccurate or, taking into account the purposes of the processing, incomplete, modified.
Right of erasure («the right to be forgotten»): This is the User’s right, provided that the legislation in force does not provide otherwise, to obtain the deletion of his/her personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his/her consent to the processing and the processing has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data have been processed unlawfully; the personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Controller, taking into account the technology available and the cost of its implementation, must take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for the deletion of any link to such personal data.
Right to limitation of processing: This is the User’s right to limit the processing of his or her personal data. The User has the right to obtain the limitation of processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
Right to data portability: Where processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format, and to transmit it to another Controller. Whenever technically possible, the Data Controller shall transmit the data directly to such other controller.
Right to object: This is the User’s right not to have his or her personal data processed or to cease the processing of such data by Palacio Almagra.
Right not to be not to be the object of a decision based only on the automated treatment, including the elaboration of profiles: It is the right of the User not to be the object of an individualized decision based only on the automated treatment of his personal information, including the elaboration of profiles, existing unless the effective legislation establishes the opposite.
Thus, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference «RGPD-www.palacioalmagra.com», specifying:
Name, surname of the User and copy of the ID card. In cases where the representation is admitted, it will also be necessary the identification by the same means of the person representing the User, as well as the document proving the representation. The photocopy of the DNI may be substituted by any other means valid in law that proves the identity.
Request with the specific reasons for the request or information to be accessed.
Address for notification purposes.
Date and signature of the applicant.
Any document that accredits the request being made.
This request and any other attached documents may be sent to the following address and/or e-mail address:
Postal address: La Era 7 – 29016 – Málaga
Links to third party websites
The Web Site can include hyperlinks or links that allow access to web pages of third parties different from Palacio Almagra, and that therefore are not operated by Palacio Almagra. 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.
Claims before the control authority
In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his/her personal data is being processed, he/she shall have the right to effective judicial protection and to file a complaint before a supervisory authority, in particular, in the State in which he/she has his/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).