Privacy Policy
I. PRIVACY POLICY AND DATA PROTECTION
Respecting the provisions of current legislation, Xfreixer (hereinafter, also Website) undertakes to adopt the necessary technical and organizational measures, according to the appropriate security level for the data collected.
Laws incorporated into this privacy policy
This privacy policy is adapted to the current Spanish and European regulations regarding 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).
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, approving 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 processing
The controller of the personal data collected on Xfreixer is: Grup Almar Pineda S.L., provided with NIF/CIF: B65915720 and registered in the Barcelona Mercantile Registry with the following registration details: Volume 43471, Folio 142, Sheet 430954, whose representative is: Xavier Freixer Reyes (hereinafter, Controller). Their contact details are as follows:
Address: C/ Joan Maragall 49, local 1, Pineda de Mar 08397
Contact telephone: 937672326
Contact email: info@xfreixer.com
Registry of Personal Data
In compliance with the GDPR and the LOPD-GDD, we inform you that the personal data collected by Xfreixer, through the forms on its pages, will be incorporated and processed in our file in order to facilitate, streamline, and fulfill the commitments established between Xfreixer 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 query from the User. 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 forth in Article 5 of the GDPR and in Articles 4 and following 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 consent of the User will be required at all times after prior transparent information on 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 minimization: The personal data collected will 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.
Principle of storage limitation: Personal data will 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 such a way as to ensure adequate security and confidentiality.
Principle of proactive responsibility: The Controller shall be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed on Xfreixer are only identifying data. In no case 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. Xfreixer 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, withdrawing consent shall not condition the use of the Website.
In cases where the User is required 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 in the event that filling out any of them is mandatory because they are essential for the correct development of the operation performed.
Purposes of the processing to which the personal data are intended
Personal data is collected and managed by Xfreixer 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 inherent to the corporate purpose of Xfreixer, as well as for the extraction, storage of data, and marketing studies to tailor the Content offered to the User, as well as to improve the quality, operation, and navigation of the Website.
At the time of obtaining personal data, the User shall be informed about the specific purpose(s) of the processing to which the personal data shall be destined; that is, the use(s) that shall be given to the collected information.
Retention periods of personal data
Personal data shall only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 5 years, or until the User requests their deletion.
At the time of obtaining personal data, the User shall be informed about the period during which the personal data shall be retained or, when this is not possible, the criteria used to determine this period.
Recipients of personal data
The User’s personal data shall not be shared with third parties.
In any case, at the time of obtaining personal data, the User shall 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 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 give their consent for the lawful processing of their personal data by Xfreixer. If the User is under 14 years of age, the consent of their parents or guardians will be necessary for the processing, and it shall only be considered lawful to the extent that they have authorized it.
Secrecy and security of personal data
Xfreixer undertakes to adopt the necessary technical and organizational measures, according to the appropriate security level for the data collected, to ensure the security of personal data and prevent their destruction, loss, or alteration, whether accidental or unlawful, of personal data transmitted, stored, or processed in any other way, or unauthorized access or disclosure of such data.
However, since Xfreixer cannot guarantee the impregnability of the internet or the total absence of hackers or
others who fraudulently access personal data, the Controller undertakes to inform the User without undue delay in the event of a breach of the security of personal data likely to pose a high risk to the rights and freedoms of natural persons. Pursuant to Article 4 of the GDPR, a breach of the security of personal data is understood to mean any breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored, or processed in any other way.
Personal data shall be treated as confidential by the Controller, who undertakes to inform and ensure, through a legal or contractual obligation, that such confidentiality is respected by their employees, associates, and any person to whom they make the information accessible.
Rights derived from the processing of personal data
The User has over Xfreixer and, therefore, may exercise against the Controller 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:
Right of access: The User’s right to obtain confirmation from Xfreixer as to whether or not their personal data are being processed and, if so, to obtain information about their specific personal data and the processing that Xfreixer has carried out or is carrying out, as well as, among other things, the available information on the origin of such data and the recipients of the communications made or planned for such data.
Right to rectification: The User’s right to have their inaccurate or incomplete personal data rectified, taking into account the purposes of the processing.
Right to erasure (“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 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 there is no other legal basis for the processing; the User objects to the processing and there is no legitimate reason to continue the processing; the personal data have been unlawfully processed; the personal data must be erased to comply 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 14 years of age. In addition to erasing the data, the Controller, taking into account the available technology and the cost of its application, shall take reasonable measures to inform the controllers processing the personal data of the data subject’s request for the erasure of any links 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 the restriction of the processing when they contest the accuracy of their personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs them to assert or defend claims; and when the User has objected to the processing.
Right to data portability: If the processing is carried out by automated means, the User shall have the right to receive their personal data from the Controller in a structured, commonly used, and machine-readable format and to transmit them to another controller. Where technically feasible, the 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 cease the processing thereof by Xfreixer.
Right not to be subject to a decision based solely on automated processing, including profiling: 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 written communication addressed to the Controller with the reference “GDPR-www.xfreixer.com”, specifying:
Name and surname of the User and a copy of their ID. In cases where representation is admitted, the identification of the person representing the User shall also be necessary by the same means, 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 the 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 substantiating the request made.
This request and any other accompanying documents may be sent to the following address and/or email:
Postal address: C/ Joan Maragall 49, local 1, Pineda de Mar 08397
Email: info@xfreixer.com
Links to third-party websites
The Website may include hyperlinks or links that allow access to third-party websites other than Xfreixer, and therefore not operated by Xfreixer. 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
If the User believes that there is a problem or infringement of current 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, particularly 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
It is necessary for the User to have read and agree with the conditions regarding the protection of personal data contained in this Privacy Policy, as well as to consent to the processing of their personal data for the Controller to proceed with it in the manner, during the periods, and for the purposes indicated. The use of the Website implies acceptance of its Privacy Policy.
Xfreixer reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential, or doctrinal change by the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. It is recommended that the User consult this page periodically to stay 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 December 5, on the Protection of Personal Data and guarantee of digital rights.