I. PRIVACY AND DATA PROTECTION POLICY

In compliance with the provisions of current legislation, Eleprism Agency (hereinafter, also the Website) undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated in this privacy policy

This privacy policy is adapted to current Spanish and European regulations on the protection of personal data on the internet. Specifically, it respects the following rules:

• 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).
• La Ley Orgánica 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
• Real Decreto 1720/2007, of 21 December, approving the Regulations for the development of La Ley Orgánica 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 controller of personal data

The data controller of the personal data collected by Eleprism Agency is: Dennis Romero, with NIF: 30996541Q (hereinafter, Data Controller). Their contact details are as follows:

Address: Calle Rio Guadalete, Velez Malaga, Spain

Contact telephone number: +34 676175962

Email de contacto: d.romero@eleprism.com

Registration of Personal Data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Eleprism Agency, through the forms provided on its pages, will be incorporated and processed in our file in order to be able to facilitate, expedite and comply with the commitments established between Eleprism Agency and the User or the maintenance of the relationship established in the forms that he/she fills in, or to respond to a request or query from the same. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in article 30.5 of the GDPR applies, a register of processing activities is kept that specifies, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.

Principles applicable to the processing of personal data

The processing of the User’s personal data will be subject to the following principles set out in Article 5 of the GDPR and in Article 4 et seq. of La Ley Orgánica 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights:

• Principle of lawfulness, loyalty and transparency: the User’s consent will be required at all times after completely transparent information of the purposes for which the personal data are collected.
• Principle of purpose limitation: personal data will be collected for specific, explicit and legitimate purposes.
• Principle of data minimisation: 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 storage 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 processing.
• Principle of integrity and confidentiality: personal data will be processed 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 complied with.

Categories of Personal Data

The categories of data processed by Eleprism Agency are only identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal basis for processing personal data

The legal basis for the processing of personal data is consent. Eleprism Agency undertakes to obtain the User’s express and verifiable consent for the processing of their personal data for one or more specific purposes.

The User shall have the right to withdraw his/her 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 can provide their data through forms to make queries, request information or for reasons related to the content of the Website, they will be informed in the event that the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.

Purposes of the processing for which the personal data are intended

Personal data are collected and managed by Eleprism Agency in order to be able to facilitate, expedite and comply with 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 respond to a request or query.

Likewise, the data may be used for a commercial purpose of personalization, operation and statistics, and activities of the corporate purpose of Eleprism Agency, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve 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 processing for which the personal data will be used; that is, the use or uses that will be given to the information collected.

Retention periods for personal data

Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 6 months, or until the User requests its deletion.

At the time the personal data is obtained, the User will be informed about the period for which the personal data will be kept or, where 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 obtained, 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 GDPR and 7 of La Ley Orgánica 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may give their consent for the processing of their personal data in a lawful manner by Eleprism Agency. If the child is under 14 years of age, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Eleprism Agency 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 personal data and to avoid the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed.  or unauthorized disclosure of 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, is fully encrypted or encrypted.

However, because Eleprism Agency 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 notify the User without undue delay when a personal data security breach occurs that is likely to pose a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a personal data breach is defined as any security breach that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized disclosure of or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to guarantee by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom the information is accessible.

Rights derived from the processing of personal data

The User has the following rights over Eleprism Agency and may, therefore, exercise the following rights against the Data Controller recognised in the GDPR and La Ley Orgánica 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights:

• Right of access: This is the User’s right to obtain confirmation as to whether  or not Eleprism Agency is processing their personal data and, if so, to obtain information on their specific personal data and the processing that Eleprism Agency has carried out or is carrying out, as well as, among others, the information available on the origin of said data and the recipients of the communications made or planned to be thereof.
• Right to rectification: This is the User’s right to have their personal data modified that turn out to be inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure (“the right to be forgotten”): It is the User’s right, provided that current legislation does not establish otherwise, to obtain the erasure of their personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent to the processing and this has no other legal basis; the User opposes the processing and there is no other legitimate reason to continue with himself; the personal data has been processed unlawfully; 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 Data Controller, taking into account the available technology and the cost of its implementation, must take reasonable steps to inform the Data Controllers who are processing the personal data of the data subject’s request to delete any link to that personal data.
• Right to restriction of processing: It is the User’s right to limit the processing of their personal data. The User has the right to obtain the restriction of processing when contesting the accuracy of his/her personal data; the processing is unlawful; the Data 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: In the event that the processing is carried out by automated means, the User will have the right to receive from the Data Controller his/her personal data in a structured, commonly used and machine-readable format, and to transmit them to another data controller. Whenever technically possible, the Data Controller will directly transmit the data to that other controller.
• Right to object: This is the User’s right not to have their personal data processed or to cease processing them by Eleprism Agency.
• Right not to be subject to 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 the automated processing of their personal data, including profiling, unless otherwise provided for by current legislation.

Thus, the User may exercise his/her rights by written communication addressed to the Data Controller with the reference “GDPR-www.eleprism.com”, specifying:

• Name, surname of the User and copy of the ID card. In cases where representation is admitted, it will also be necessary to identify the person representing the User by the same means, as well as the document accrediting the representation. The photocopy of the ID card may be replaced by any other legally valid means that proves identity.
• Request with the specific reasons for the request or information to be accessed.
• Address for the purpose of notifications.
• Date and signature of the applicant.
• Any document that proves the request made.

This application and any other attached documents may be sent to the following address and/or e-mail:

Postal address: Calle Rio Guadalete, Velez Malaga, Spain

Correo electrónico: d.romero@eleprism.com

Links to Third-Party Websites

The Website may include hyperlinks or links that allow access to websites of third parties other than Eleprism Agency, and which are therefore not operated by Eleprism Agency. The owners of these websites will have their own data protection policies, and they will be responsible for their own files and their own privacy practices.

Complaints to the supervisory 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 their personal data is being processed, they will have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular, in the State in which they have their 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 (https://www.aepd.es/).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary for the User to have read and agree with the conditions on the protection of personal data contained in this Privacy Policy, as well as to accept the processing of their personal data so that the Data Controller can proceed with it in the manner, during the periods and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.

Eleprism Agency reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is advised to check this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated to adapt to 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) and La Ley Orgánica 3/2018.  of 5 December, on the Protection of Personal Data and guarantee of digital rights.