OOPSNAILS /

Website Privacy Policy

Website Privacy Policy

oopsnailsbcn.es

I. PRIVACY AND DATA PROTECTION POLICY

In compliance with current legislation, oopsnailsbcn.es (hereinafter, also Website) undertakes to adopt the necessary technical and organizational 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 the current Spanish and European regulations on personal data protection on the Internet. Specifically, it complies with the following rules:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 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 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 Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the controller of personal data

The controller of the personal data collected at oopsnailsbcn.es is: ANTUL ART SL, with NIF: B09835216 and registered in: Barcelona Tax Agency with the following registration details: , whose representative is: (hereinafter, Data Controller). Their contact details are as follows:

Address: C/Consell de Cent 64 local 08015 Barcelona

Contact phone: +34658839434

Contact email: oopsnailsbcn@gmail.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 oopsnailsbcn.es, through the forms on its pages, will be incorporated into and processed in our file in order to facilitate, expedite, and fulfill the commitments established between oopsnailsbcn.es and the User or the maintenance of the relationship established in the forms filled out by the latter, or to address a request or query from them. 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 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 forth in Article 5 of the GDPR and in Article 4 et seq. of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:

  • Principle of lawfulness, fairness, and transparency: the User's consent will always be required after fully transparent information about the purposes for which the personal data is collected.
  • Principle of purpose limitation: personal data will be collected for specified, explicit, and legitimate purposes.
  • Principle of data minimization: the personal data collected will be 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 storage limitation: personal data will only be kept in a way that allows 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 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 processed at oopsnailsbcn.es are solely identification data. In no case 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. oopsnailsbcn.es 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 will have the right to withdraw their consent at any time. Withdrawing consent will be as easy as giving it. As a general rule, the withdrawal of consent will not condition the use of the Website.

In cases where the User must or can 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 due to them being essential for the correct development of the operation carried out.

Purposes of the processing of personal data

Personal data is collected and managed by oopsnailsbcn.es with the purpose of facilitating, expediting, and fulfilling the commitments established between the Website and the User or maintaining the relationship established in the forms filled out by the latter or to address a request or query.

Likewise, the data may be used for commercial personalization, operational and statistical purposes, and activities inherent to the corporate purpose of oopsnailsbcn.es, as well as for data extraction, storage, and marketing studies to adapt the Content offered to the User, and to improve the quality, functionality, and navigation through the Website.

At the time personal data is obtained, the User will be informed about the specific purpose or purposes of the processing to which the personal data will be allocated; that is, the use or uses that will be given to the collected information.

Personal data retention periods

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: 18, or until the User requests its deletion.

At the time personal data is obtained, the User will be informed about the period during which the personal data will be stored 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 personal data is obtained, the User will be informed about the recipients or categories of recipients of the personal data.

Personal data of minors

In compliance with Articles 8 of the GDPR and 7 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, only persons over 14 years of age may give their consent for the lawful processing of their personal data by oopsnailsbcn.es. If it is a minor under 14 years of age, the consent of the parents or guardians will be necessary for the processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

oopsnailsbcn.es undertakes to adopt the necessary technical and organizational 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 avoid its destruction, loss, or accidental or unlawful alteration, or unauthorized communication or access to such data.

The Website has an SSL certificate (Secure Socket Layer), 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.

However, since oopsnailsbcn.es cannot guarantee the impregnability of the internet nor 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 result in a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a personal data security breach is understood as any security breach that causes the destruction, loss, or accidental or unlawful 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 ensure, through a legal or contractual obligation, that such confidentiality is respected by its employees, associates, and all persons to whom it makes the information accessible.

Rights derived from the processing of personal data

The User has the following rights regarding oopsnailsbcn.es and may, therefore, exercise them before the Data Controller, as recognized in the GDPR 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 User's right to obtain confirmation as to whether or not oopsnailsbcn.es is processing their personal data and, if so, to obtain information about their specific personal data and the processing that oopsnailsbcn.es has carried out or will carry out, as well as, among other things, information available on the origin of said data and the recipients of the communications made or planned for them.
  • Right of rectification: It is the User's right to have their personal data modified if they are inaccurate or, taking into account the purposes of the processing, incomplete.
  • Right to erasure ("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 these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent to the processing and there is 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 unlawfully processed; the personal data must be erased 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 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 application, must adopt reasonable measures to inform controllers who are processing the personal data of the data subject's request for the erasure of 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 restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data for the purposes of the processing, but the User requires them for the establishment, exercise, or defense of legal claims; and when the User has objected to 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 their 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: It is the User's right not to have their personal data processed or to cease the processing of their personal data by oopsnailsbcn.es
  • 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 a decision based solely on automated processing of their personal data, including profiling, unless current legislation establishes otherwise.

Therefore, the User may exercise their rights by sending a written communication addressed to the Data Controller with the reference "RGPD-oopsnailsbcn.es", specifying:

  • User's name, surname, and a copy of their ID. In cases where representation is admitted, identification by the same means of the person representing the User will also be necessary, as well as the document proving the representation. The photocopy of the ID may be replaced by any other legally valid means of proving identity.
  • Request with the specific reasons for the request or information to which access is desired.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document that proves the request made.

This request and any other attached document can be sent to the following address and/or email:

Postal address: C/Consell de Cent 64 local 08015 Barcelona

Email: oopsnailsbcn@gmail.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites other than oopsnailsbcn.es, and which are therefore not operated by oopsnailsbcn.es. 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 supervisory authority

In the event that the User considers that there is a problem or infringement of current regulations in the way 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 that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as that they 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.

oopsnailsbcn.es 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 recommended to consult 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 April 27, 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 December 5, on the Protection of Personal Data and guarantee of digital rights.

This Website Privacy Policy document was created using the online privacy policy template generator on 20/04/2022.