I. PRIVACY AND DATA PROTECTION POLICY
Respecting the current legislation, D'ARS (hereinafter also referred to as "Website") is committed to adopting the necessary technical and organizational measures, according to the appropriate level of security based on the risk of the collected 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).
- 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 data controller responsible for the personal data collected in D'ARS is Elna Solans Planas, with NIF: 27348417Z (hereinafter referred to as "Data Controller"). The contact details are as follows:
Address: Av. Mare de Déu Montserrat, 56. 08022 Barcelona Email: firstname.lastname@example.org
Registration of Personal Data
In compliance with the GDPR and LOPD-GDD, we inform you that the personal data collected by D'ARS through the forms extended on its pages will be incorporated and processed in our file in order to facilitate, streamline and comply with the commitments established between D'ARS and the User or the maintenance of the relationship established in the forms filled out by the User, or to respond to a request or inquiry from the User. Furthermore, in accordance with the provisions of the GDPR and LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is maintained that specifies, according to its 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 and following of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights:
- Lawfulness, fairness and transparency: the User's consent will always be required prior to completely transparent information on the purposes for which the personal data are collected.
- Purpose limitation: personal data will be collected for specific, explicit and legitimate purposes.
- Principle of data minimization: the personal data collected will be only 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. Principle of storage limitation: personal data will only be kept in a form that permits 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 such a way as to guarantee 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 in D'ARS 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 the processing of personal data
The legal basis for the processing of personal data is consent. D'ARS undertakes to obtain the express and verifiable consent of the User for the processing of 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 condition the use of the Website. On 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 shall 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 to which personal data are destined
Personal data are collected and managed by D'ARS for the purpose of facilitating, streamlining and fulfilling the commitments established between the Website and the User or the maintenance of the relationship established in the forms filled out by the latter, or to respond to a request or inquiry. Likewise, the data may be used for commercial purposes of personalization, operation and statistics, and activities related to the social object of D'ARS, as well as for data extraction, storage 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 personal data are obtained, the User shall be informed about the specific purpose(s) of the processing to which the personal data will be destined; that is, the use(s) that will be given to the collected information.
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: 2 years, or until the User requests its deletion. At the time personal data are obtained, the User shall be informed about the period during which the personal data will be kept or, when that is not possible, the criteria used to determine this period.
Recipients of personal data
The personal data of the User will be shared with the following recipients or categories of recipients:
Categories of recipients:
Shopify International Ltd. Attn: Data Protection Officer c/o Intertrust Ireland 2nd Floor 1-2 Victoria Buildings Haddington Road Dublin 4, D04 XN32 Ireland
In the event that the data controller intends to transfer personal data to a third country or international organization, at the time the personal data is obtained, the User will be informed about the third country or international organization to which the data is intended to be transferred, as well as the existence or absence of an adequacy decision from the Commission.
Personal data of minors
Respecting the provisions of 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 those over 14 years of age may lawfully give their consent for the processing of their personal data by D’ARS. If the data subject is under 14 years of age, the consent of the parents or legal guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it.
Confidentiality and security of personal data
D’ARS undertakes to adopt the necessary technical and organizational measures, depending on the level of security appropriate to the risk of the data collected, to ensure the security of personal data and prevent its destruction, loss or alteration, accidental or unlawful, 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 D’ARS cannot guarantee the invulnerability of the internet or the total absence of hackers or others who fraudulently access personal data, the data controller undertakes to communicate to the User without undue delay when a violation of the security of personal data occurs that is likely to result in a high risk to the rights and freedoms of natural persons. Pursuant to Article 4 of the GDPR, a security breach of personal data means any breach of security that results in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise processed.
The personal data will be treated as confidential by the data controller, who undertakes to inform and guarantee, 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 recognized in the GDPR and Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, and may therefore exercise them against the Data Controller:
- Right of access: The User's right to obtain confirmation from D’ARS as to whether or not their personal data is being processed and, if so, to obtain information about their specific personal data and the processing carried out or to be carried out by D’ARS, as well as, among others, information available on the origin of such data and the recipients of communications made or planned for them.
- Right of rectification: The User's right to have their inaccurate or incomplete personal data modified, taking into account the purposes of the processing.
- Right to erasure ("the right to be forgotten"): The User's right, provided that current legislation does not establish otherwise, to obtain the erasure of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis for it; 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 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 child under 14 years of age. In addition to erasing the data, the Data Controller, taking into account the available technology and the cost of its implementation, must take reasonable measures to inform the 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: The User's right to restrict the processing of their personal data. The User has the right to obtain restriction of processing when challenging the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it for the establishment, exercise, or defense of legal claims; or the User has objected to 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 controller. Where technically feasible, the Data Controller shall transmit the data directly to that other controller.
- Right to object: The User's right to object to the processing of their personal data or to the cessation of processing by D’ARS.
- Right not to be subject to a decision based solely on automated processing, including profiling: The User's right not to be subject to an individual decision based solely on automated processing of their personal data, including profiling, except where current legislation provides otherwise.
Therefore, the User may exercise their rights through written communication addressed to the Controller with the reference "GDPR-http://www.atelierdars.com", specifying:
- Name, surname of the User and a copy of their ID. In cases where representation is allowed, the identification of the person representing the User by the same means will also be necessary, as well as the document accrediting the representation. The photocopy of the ID may be substituted by any other valid means in law that certifies identity.
- Request with the specific reasons for the request or information to which they want to access.
- Address for notifications.
- Date and signature of the requester.
- Any document accrediting the request made.
This request and any other attached document may be sent to the following address and/or email:
Postal address: Av. Mare de Déu Montserrat, 56. 08022 Barcelona Email: email@example.com
Links to third-party websites
The Website may include hyperlinks or links that allow access to third-party websites other than D’ARS, which are therefore not operated by D’ARS. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and privacy practices.
Complaints to the supervisory authority
If 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 submit a complaint to 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/).