Privacy Policy
1. PRIVACY AND DATA PROTECTION POLICY
Respecting the provisions of current legislation, Sergio Cruz ( also Andorinart®) 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 legislation on data protection on the Internet. Specifically, it respects 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 concerning the processing of personal data and 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 party responsible for the processing of personal data
The responsible for processing the data collected in Andorinart® is Sergio Cruz, NIF: 08985945Y (or the Data Controller). His contact details are as follows:
Address:
Calle de Los Prados, 21.
28816. Camarma de Esteruelas.
Madrid.
Contact number: +34 676525652
Contact email: hola@andorinart.com
Registration of Personal Data
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that Andorinart®, through the forms provided on its pages, will incorporate and process data collected in our files to facilitate, expedite and fulfil the commitments established between Andorinart® and the User. Andorinart® also will process the maintenance of the relationship established in the forms filled by the User, or to respond to a request or query from the User.
Likewise, according to 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 register of processing activities is kept which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD.
Principles applicable to the processing of personal data
The processing of the User’s 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 on 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 minimisation: personal data collected will be only that which is strictly necessary for relation to the purposes for which they are processed.
Accuracy principle: data must be accurate and always up to date.
Principle of limitation of the storage period: personal data shall only be kept in a form that allows the identification of the User for the time necessary for the purposes for which they are processed.
Principle of integrity and confidentiality: personal data shall be processed in such a way as to ensure their security and confidentiality.
Principle of proactive accountability: the Controller shall be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed by Andorinart® are solely identification 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. Andorinart® undertakes to obtain the express and verifiable consent of the User to process its 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, withdrawal of consent shall not condition the use of the Website.
On those occasions, when the User must or may provide their data, through forms, to make enquiries, request information, or for reasons related to the content of the Website, they will be informed if the completion of any of them is compulsory because they are essential for the correct development of the operation carried out.
Retention periods for personal data
Personal data will only be retained for the minimum time necessary for their processing and, in any case, only for the following period: 4 years, or until the User requests their deletion.
When the personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period.
Recipients of personal data
The User’s data will only be shared with third parties related to the contractual process, such as courier services.
In any case, the User will be informed about the recipients or categories of the recipient’s data when the personal data is obtained.
Personal data of minors
Respecting the provisions of articles 8 of the GDPR and 7 of the Organic Law 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 to the processing of their data in a lawful manner by Andorinart®. In the case of a minor under 14 years of age, the consent of the parents or guardians is required for the processing. The processing shall only be considered lawful to the extent that the parents or guardians have given their consent.
Secrecy and security of personal data
Andorinart® undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, to ensure data security, to prevent the accidental or unlawful destruction, loss, alteration of data transmitted, stored or otherwise processed, or the unauthorised communication 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 return, is fully encrypted or encoded.
However, because Andorinart® 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 breach of security of personal data occurs that is likely to involve a high risk to the rights and freedoms of natural persons. According to 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 the unauthorised disclosure of or access to such data.
Personal data shall be treated as confidential by the Controller, who undertakes to inform and to ensure employing a legal or contractual obligation that such confidentiality is respected by its employees, partners, and any person to whom it makes the information accessible.
Rights arising from the processing of personal data
The User has over Andorinart® and may, therefore, exercise against the Data Controller the following rights recognised 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: this is the User’s right to obtain confirmation as to whether or not Andorinart® is processing their data and, if so, to obtain information about their specific personal data and the processing that Andorinart® 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 for said data.
- Right of rectification: This is the User’s right to have his/her data that proves to be inaccurate or, taking into account the purposes of the processing, incomplete, amended.
- Right of erasure (“the right to be forgotten”): This is the User’s right, unless otherwise provided for by law, to obtain the erasure of its data when they are no longer necessary for the purposes for which they were collected or processed. The User has withdrawn its 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 erased 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 child under the age of 14. In addition to erasure, the Controller shall take into account the technology available and the cost of its implementation, take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for the erasure of any link to those personal data.
- Right to restriction of processing: This is the User’s right to restrict the processing of his or his data. The User has the right to obtain the restriction of processing where the User contests the accuracy of his or his data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and where the User has objected to the processing.
- Right to data portability: Where the processing is by automated processes means, the User shall have the right to receive, from the Controller, his or his data, commonly used and machine-readable format, and to transmit it to another controller. Where technically feasible, the Controller shall transmit the data directly to that other controller.
- Right to object: This is the User’s right not to have his or his data processed or to cease the processing of such data by Andorinart®.
- Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualised decision based solely on automated processing of his or her data, including profiling unless otherwise provided by law.
Therefore, the User may exercise his/her rights employing a written communication addressed to the Data Controller with the reference “RGPD-https://andorinart.com”, specifying:
- First name, last name, and a copy of the National Identity Document of the User. In cases where representation is permitted, it will also be necessary to identify by the same means the person representing the User, as well as the document accrediting the representation. The photocopy of the DNI may be substituted by any other legally valid means that accredits identity.
- Request with the specific reasons for the request, or information to which access is sought.
- 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:
Calle de Los Prados, 21.
28816. Camarma de Esteruelas.
Madrid
E-mail: hola@andorinart.com
Complaints to the supervisory authority
- If the User considers that there is a problem or infringement of the regulations in force in the way his or his data is being processed, he or she will have the right to effective judicial protection, and to complain, with a supervisory authority, in particular, in the State in which he or she has his or her usual 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).
2. COOKIES POLICY
Access to this Website may involve the use of cookies. Cookies are small amounts of information stored in the browser used by each User – in the different devices that may be used to browse – so that the server remembers certain information that will later be read-only by the server that implemented it. Cookies make browsing easier, more user-friendly and do not damage the browsing device.
The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website and the sites visited just before and just after the Website. However, no cookie allows this cookie to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to be part of the Cookie file is, for the website user, to personally give that information to the server.
Cookies that allow a person to be identified are considered personal data. Therefore, the aforementioned, Privacy Policy shall apply to them. In this sense, User consent will be necessary for the use of cookies. This consent will be communicated, based on a genuine choice, offered to employ an affirmative and positive decision, before the initial processing, removable and documented.
Own cookies
These are cookies that are sent to the user’s computer or device and managed exclusively by Andorinart® for the better functioning of the Website. The information collected is used to improve the quality of the website, the content, and the user experience. These cookies make it possible to recognise the User as a recurring visitor to the Website and to adapt the content to offer him or her content that suits his/her preferences.
Third-party cookies
These cookies are used and managed by external entities that provide Andorinart® with services requested by Andorinart® to improve the Website and the user experience when browsing the Website. The main purposes for which third-party cookies are used are to obtain access statistics and to analyse browsing information, i.e. how the user interacts with the Website.
The information obtained refers, for example, to the number of pages visited, the language, the place where the IP address from which the user accesses, the number of users who access, the frequency and recurrence of visits, the time of visit, the browser used, the operator or type of device from which the visit is made. This information is used to improve the website, and detect new needs to offer Users optimum quality of the contents and services. In any case, the information is collected anonymously, and reports on Website trends are drawn up without identifying individual users.
You can obtain more information on cookies, privacy information, or consulting the cookies types used description, their main features, expiry period, etc. in this text.
The entity or entities responsible for cookies provisions may transfer this information to third parties, provided that this is required by law or that a third party processes this information for these entities.
This website uses Facebook to collect anonymous information such as the number of visitors to the site, or the most popular pages. Leaving this cookie active allows us to improve our website.
Social network cookies
Andorinart® incorporates social network plugins, which allow access to them from the Website. For this reason, social network cookies may be stored in the User’s browser. The owners of these social networks have their data protection and cookie policies, being themselves, in each case, responsible for their files and their privacy practices. The User should refer to them for information about these cookies and, where appropriate, the processing of their data. For information purposes only, the links to this privacy and/or cookie policies are indicated below:
Facebook: https://www.facebook.com/policies/cookies/
Instagram: https://help.instagram.com/1896641480634370?ref=ig
Youtube: https://policies.google.com/privacy?hl=es-419&gl=mx
Pinterest: https://policy.pinterest.com/es/privacy-policy
Disabling, rejecting and deleting cookies
The User can disable, reject and delete cookies – in whole or in part – installed on their device by configuring their browser (including, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser that he or she is using. If you reject the use of cookies – totally or partially – you may continue to use the Website, although its features use may be limited.
3. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY
The user needs to have read and accepted the data protection conditions of this Privacy, and Cookies Policy, as well as he or she accepts the processing of his or her data so that the Data Controller can proceed in the manner, during the periods and for the purposes indicated. The use of the Website implies the acceptance of its Privacy and Cookies Policy.
Andorinart® reserves the right to modify its Privacy and Cookies Policy, according to its criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy and Cookies Policy will be explicitly notified to the User.
- This Privacy and Cookies Policy was updated on 20 December 2020 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 concerning the processing of personal data and the free movement of such data (RGPD) and to Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital r