Privacy policy
WEBSITE PRIVACY POLICY
eldalmau.com
I. PRIVACY POLICY AND DATA PROTECTION
In compliance with current legislation, El Dalmau (hereinafter, also referred to as the Website) undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk associated with the data collected.
Laws incorporated into this Privacy Policy
This Privacy Policy is adapted to the current Spanish and European regulations on the protection of personal data on the Internet. Specifically, it complies with the following regulations:
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). Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD). Royal Decree 1720/2007 of 21 December approving the Regulation implementing 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 data controller
The controller responsible for the processing of the personal data collected by El Dalmau is: Antoni Alibés Balmes, with Spanish Tax Identification Number (NIF): 33932203G (hereinafter, the Data Controller). His contact details are as follows:
Address: Mas Dalmau s/n – 08529 Muntanyola (Osona) – Barcelona – Spain
Contact telephone number: (+34) 937 430 150
Contact email address: info@eldalmau.com
Personal Data Records
In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by El Dalmau through the forms available on its pages will be incorporated into and processed in our records for the purpose of facilitating, expediting and fulfilling the commitments established between El Dalmau and the User, maintaining the relationship established through the forms completed by the User, or responding to a request or enquiry.
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 record of processing activities is maintained specifying, 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 shall be subject to the following principles, set out in Article 5 of the GDPR and Article 4 et seq. of Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights:
Principle of lawfulness, fairness and transparency: the User’s consent shall be required at all times, following fully transparent information on the purposes for which the personal data are collected. Principle of purpose limitation: personal data shall be collected for specified, explicit and legitimate purposes. Principle of data minimisation: the personal data collected shall be only those strictly necessary in relation to the purposes for which they are processed. Principle of accuracy: personal data must be accurate and kept up to date at all times. Principle of storage limitation: personal data shall only be kept in a form that permits identification of the User for as long as necessary for the purposes of their processing. Principle of integrity and confidentiality: personal data shall be processed in a manner that ensures their security and confidentiality. Principle of accountability: the Data Controller shall be responsible for ensuring compliance with the above principles.
Categories of personal data
The categories of data processed by El Dalmau are limited to identification data. Under no circumstances are special categories of personal data within the meaning of Article 9 of the GDPR processed.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. El Dalmau undertakes to obtain the User’s express and verifiable consent to process their personal data for one or more specific purposes.
The User shall have the right to withdraw their consent at any time. Withdrawing consent shall be as easy as giving it. As a general rule, withdrawal of consent shall not affect the use of the Website.
In cases where the User has or may provide their data through forms to make enquiries, request information or for reasons related to the content of the Website, the User shall be informed if completion of any such form is mandatory because it is essential for the proper performance of the relevant operation.
Purposes of the processing for which personal data are used
Personal data are collected and managed by El Dalmau for the purpose of facilitating, expediting and fulfilling the commitments established between the Website and the User, maintaining the relationship established through the forms completed by the User, or responding to a request or enquiry.
Likewise, the data may be used for commercial, personalisation, operational and statistical purposes, and for activities related to the corporate purpose of El Dalmau, as well as for data extraction and storage and marketing studies in order to adapt the Content offered to the User, and also to improve the quality, operation and navigation of the Website.
At the time personal data are obtained, the User shall be informed of the specific purpose or purposes of the processing for which the personal data will be used; that is, how the information collected will be used.
Personal data retention periods
Personal data shall only be retained for the minimum period necessary for the purposes of their processing and, in any event, only for the following period: 6 years, or until the User requests their deletion.
At the time personal data are obtained, the User shall be informed of the period for which the personal data will be retained or, where this is not possible, of the criteria used to determine that period.
Recipients of personal data
The User’s personal data will not be shared with third parties.
In any event, at the time personal data are obtained, the User shall be informed of the recipients or categories of recipients of the personal data.
Personal data of minors
In accordance with Article 8 of the GDPR and Article 7 of Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, only persons over 14 years of age may give their consent for El Dalmau to lawfully process their personal data. In the case of a person under 14 years of age, parental or guardian consent shall be required for the processing, and such processing shall only be considered lawful to the extent that it has been authorised by them.
Confidentiality and security of personal data
El Dalmau undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk associated with the data collected, in order to guarantee the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised disclosure of or access to such data.
The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data are transmitted securely and confidentially, since the transmission of data between the server and the User, and in the reverse direction, is fully encrypted.
However, since El Dalmau cannot guarantee the impenetrability of the Internet or the complete absence of hackers or other persons who may fraudulently access personal data, the Data Controller undertakes to inform the User, without undue delay, whenever a personal data security breach occurs that is likely to result in a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a personal data breach means any security breach resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised disclosure of or access to such data.
Personal data shall be treated as confidential by the Data Controller, who undertakes to inform and ensure, through a legal or contractual obligation, that such confidentiality is respected by its employees, associates and any person to whom the information is made accessible.
Rights arising from the processing of personal data
The User has the following rights vis-à-vis El Dalmau and may therefore exercise them before the Data Controller, as recognised by the GDPR and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights:
Right of access: The User has the right to obtain confirmation as to whether or not El Dalmau is processing their personal data and, where this is the case, to obtain information about their specific personal data and the processing that El Dalmau has carried out or is carrying out, as well as, among other things, the available information on the source of such data and the recipients of communications made or planned.
Right to rectification: The User has the right to have their personal data rectified where they are inaccurate or, taking into account the purposes of the processing, incomplete.
Right to erasure (“the right to be forgotten”): The User has the 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; when the User has withdrawn their consent to processing and there is no other legal basis for the processing; when the User objects to the processing and there are no other legitimate grounds for continuing it; when the personal data have been unlawfully processed; when the personal data must be erased in compliance with a legal obligation; or when the personal data have been collected in connection with the direct offer of information society services to a person under 14 years of age.
In addition to erasing the data, the Data Controller, taking into account available technology and the cost of implementation, shall take reasonable steps to inform controllers processing the personal data of the data subject’s request to erase any links to such personal data.
Right to restriction of processing: The User has the right to restrict the processing of their personal data. The User has the right to obtain restriction of processing where they contest the accuracy of their personal data; where the processing is unlawful; where the Data Controller no longer needs the personal data but the User requires them for the establishment, exercise or defence of claims; and where 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 their personal data from the Data Controller in a structured, commonly used and machine-readable format and to transmit those data to another data controller. Where technically feasible, the Data Controller shall transmit the data directly to that other controller.
Right to object: The User has the right to object to the processing of their personal data or to require such processing to cease by El Dalmau.
Right not to be subject to a decision based solely on automated processing, including profiling: The User has the right not to be subject to an individual decision based solely on automated processing of their personal data, including profiling, unless current legislation provides otherwise.
Accordingly, the User may exercise their rights by sending written communication to the Data Controller with the reference “GDPR-eldalmau.com”, specifying:
User’s first and last name and a copy of their identity document. Where representation is permitted, the same means of identification must also be provided for the person representing the User, together with the document proving such representation. The copy of the identity document may be replaced by any other legally valid means of proving identity. Request stating the specific reasons for the request or the information to which access is sought. Address for notification purposes. Date and signature of the applicant. Any document supporting the request made.
This request and any other attached document may be sent to the following postal address and/or email address:
Postal address: Mas Dalmau s/n – 08529 Muntanyola (Osona) – Barcelona – Spain
Email: info@eldalmau.com
Links to third-party websites
The Website may include hyperlinks or links allowing access to websites operated by third parties other than El Dalmau and which are therefore not operated by El Dalmau. The owners of these websites shall have their own data protection policies and shall themselves, in each case, be responsible for their own records and privacy practices.
Complaints to the supervisory authority
If the User considers that there is a problem or infringement of the applicable regulations in the way their personal data are being processed, they shall have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the Member State where they have their habitual residence, place of work or place of the alleged infringement. In Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.aepd.es/).
II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY
The User must have read and agreed to the conditions regarding the protection of personal data contained in this Privacy Policy and must accept the processing of their personal data so that the Data Controller may process them in the manner, for the periods and for the purposes indicated. Use of the Website shall imply acceptance of the Privacy Policy.
El Dalmau reserves the right to modify its Privacy Policy at its own discretion or as a result of legislative, case-law or doctrinal changes by the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. Users are advised to consult this page periodically to remain informed of the latest changes or updates.
This Privacy Policy was updated to comply with 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 Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.