Data Protection Policy of Luiscarballo.com
Data of the data controller
Contact details of the Data Protection Officer: firstname.lastname@example.org
Scope of application
This Policy shall apply:
To those who visit the Luiscarballo.com website https://luiscarballo.com
Those who voluntarily communicate with Luiscarballo.com via email, chat or fill in any of the data collection forms published on the Luiscarballo.com website.
Those who request information about Luiscarballo.com’ products and services or who request to participate in any of Luiscarballo.com’ commercial activities.
Those who formalize a contractual relationship with Luiscarballo.com by contracting its products and services.
Those who use any other service on the website that involves the communication of data to Luiscarballo.com or access to data by Luiscarballo.com for the provision of its services.
To any others who, directly or indirectly, have given their express consent for their data to be processed by Luiscarballo.com for any of the purposes set out in this Policy.
The use of Luiscarballo.com products and services requires the express acceptance of this Policy.
Luiscarballo.com warns that, except for the existence of a legally constituted representation, no user and/or customer may use the identity of another person and communicate their personal data, so the data you provide to Luiscarballo.com must be personal data, corresponding to your own identity, adequate, relevant, current, accurate and true. In this sense, the user and/or customer will be solely responsible for any direct or indirect damage caused to third parties or Luiscarballo.com by the use of data of another person or their own data when they are false, erroneous, not current, inadequate or irrelevant. Likewise, the user and/or client who communicates the personal data of a third party will be responsible for having obtained the corresponding authorization from the interested party, as well as for its consequences in the opposite case.
Likewise, the user and/or client who communicates personal data to Luiscarballo.com declares that he or she is of legal age, in accordance with the provisions of French law, refraining from providing data to Luiscarballo.com otherwise. Any information provided on a minor will require the consent or prior authorization of their parents, guardians or legal representatives, who will be held responsible for the information provided by the minor in their care.
This Policy will be of subsidiary application with respect to those other conditions regarding the protection of personal data that are established on a special basis and are communicated, without limitation, through the registration forms, contracts and/or conditions of the particular services, being therefore this Policy complementary to those mentioned in that not expressly provided in them.
Purposes of the collection and processing of personal data
Luiscarballo.com, in its capacity as data controller, informs users of the existence of various processing operations and files in which the personal data communicated to Luiscarballo.com are collected and stored.
The purposes of such collection and processing of personal data are as follows:
In relation to the “cookies” that Luiscarballo.com uses to navigate through its web pages, they are stored in the user’s terminal equipment (computer or mobile device) and collect information when visiting said web pages, with the aim of improving their usability, knowing the user’s browsing habits or needs in order to adapt to them, as well as obtaining information for statistical purposes. In the case of users who are already Luiscarballo.com customers, the information collected with the cookies will also be used to identify them when accessing the different tools that Luiscarballo.com makes available to them for the management of the services. In any case, users can configure their browser to disable or block the reception of all or some of the cookies. The fact that you do not wish to receive these cookies does not prevent you from accessing the information on the Luiscarballo.com websites, although the use of certain services may be limited. If, once consent has been granted for the reception of cookies, the user wishes to withdraw them, those stored on the user’s computer must be eliminated through the options of the different browsers. All information about the cookies used by Luiscarballo.com is published in its Cookies Policy.
In the case of sending an e-mail to Luiscarballo.com or of a communication of personal data by any other means, such as a contact form, the purpose of the collection and processing of such data by Luiscarballo.com is to attend to queries and requests for information regarding Luiscarballo.com products and services.
In the case of sending an e-mail to Luiscarballo.com regarding your job offers, this data will be processed to participate in the recruitment procedures.
In the case of Luiscarballo.com forms that interested parties fill in to participate in any of Luiscarballo.com’ commercial actions, the purpose will be to enable such participation, as well as the sending of commercial and advertising communications about Luiscarballo.com’ services, unless the interested party expressly expresses his/her opposition at the same time as the collection of his/her data. Notwithstanding the foregoing, the interested party may modify his/her decision at any time, as many times as he/she wishes, through the means provided by Luiscarballo.com for this purpose.
When contracting the services offered by Luiscarballo.com, only those personal data will be collected that are necessary to establish the contractual relationship and enable the provision of the services and remuneration of the same by the customers, and these data will be collected and processed for the following purposes:
The main purpose will be to maintain the contractual relationship established with the client, in accordance with the nature and characteristics of the services or products contracted, contacting Luiscarballo.com with the client through e-mail, telephone or other means indicated by the latter.
To send documentation and information related to the services contracted, as well as to send commercial and advertising communications about them or other similar ones by Luiscarballo.com, by post, e-mail, telephone, SMS or other means indicated by the client, unless the client expressly expresses his or her opposition at the same time as the contract is signed. Regardless of whether or not the customer has chosen to receive commercial information from Luiscarballo.com, the customer may modify his decision at any time, as many times as he wishes, through the specific section available for this purpose in his Customer Area or by sending an e-mail to email@example.com
For the maintenance of historical records of business relations during the legally established periods.
In those cases in which Luiscarballo.com is required to access and/or process personal data for which the customer is the data controller or data processor, Luiscarballo.com will process such data as data processor in accordance with the provisions of article 28 of the RGPD and in accordance with the provisions of the section entitled “Luiscarballo.com as data processor” included in this Policy.
In compliance with the provisions of Law 25/2007, of 18 October, on the conservation of data relating to electronic communications and public communications networks, Luiscarballo.com informs the user that certain traffic data generated during the development of communications will be retained and conserved, as well as, where appropriate, to communicate such data to the competent bodies, provided that the legal circumstances provided for in said Law are met.
For all other purposes expressly included in the Specific Conditions applicable to the corresponding product or service contracted by the client and expressly accepted by the client.
Period of storage of personal data
Luiscarballo.com will retain personal data for the time strictly necessary for the fulfilment of the above-mentioned purposes. Luiscarballo.com may keep such data duly blocked during the period in which responsibilities may arise from its relationship with the customer.
In the case of data subject to retention for the purposes of Law 25/2007, of 18 October, on the conservation of data relating to electronic communications and public communications networks, the period of retention of such data shall be that detailed in said regulations.
Recipients of personal data
The recipients of the personal data collected by Luiscarballo.com will be the following:
The members of Luiscarballo.com themselves in the performance of their duties.
The suppliers of Luiscarballo.com that intervene in the provision of the services, in the event that this is necessary for the provision of the same.
The judicial or administrative bodies, as well as the State Security Forces and Bodies, in the event that Luiscarballo.com is required under current legislation to provide information related to its clients and services.
Any others who due to the nature of the service must access the data provided with it, as detailed in the Specific Conditions applicable to the product or service contracted by the customer and expressly accepted by the customer.
Users’ rights and exercise of those rights
Users may exercise the following rights recognized by the RGPD at any time:
Right of access.
Users have the right to obtain from Luiscarballo.com information about whether or not personal data concerning them are being processed, to access them and to obtain information about the processing carried out.
Right to obtain a copy of your personal data.
Right of rectification.
Users have the right to have their personal data corrected by Luiscarballo.com if they are inaccurate or incomplete.
Right of withdrawal.
Users have the right to have their data deleted when they are no longer necessary for the purpose for which they were provided or when the other legally established circumstances are met.
Right of limitation of processing.
Users have the right to request a limitation in the processing of their personal data, so that they are not subject to the processing operations that must correspond in each case, in those cases provided for in Article 18 of the RGPD.
Right to portability.
Users have the right to receive the personal data concerning them in a structured format, provided that such data is solely the responsibility of the user and has been provided by him/her.
Users may exercise these rights in the following ways:
Whether or not they are customers of Luiscarballo.com, users may exercise their rights by sending an e-mail to firstname.lastname@example.org specifying the right they wish to exercise.
In cases of manifestly unfounded or excessive applications due to their repetitive nature, Luiscarballo.com reserves the right to charge a fee for the administrative costs incurred or the right to refuse to act on them, in accordance with the provisions of art. 12.5 RGPD.
Users and/or customers may contact the relevant local supervisory authority if they consider that the processing of their personal data has not been carried out in accordance with current legislation.
The data protection supervisory authority in France is the CNIL, whose contact details are available on its website, specifically at https://www.cnil.fr/professionnel
International data transfers
In those products and services of Luiscarballo.com in which international transfers are required to enable the provision of the same, this circumstance will be included in the Specific Conditions applicable to the product or service contracted by the customer and expressly accepted by the customer prior to them.
Luiscarballo.com as treatment manager
In accordance with article 28 RGPD and concordant, Luiscarballo.com will process the personal data for which the client is the data controller or data processor, when this is necessary for the proper provision of the services contracted. In this case, Luiscarballo.com will act as the person in charge of the processing, in accordance with the following terms:
Luiscarballo.com will only process the data in accordance with the instructions of the client responsible for or in charge of the processing, and will not use them for any purpose other than that stated in this Data Protection Policy and/or in the applicable contractual conditions.
Once the services that motivate the treatment of the personal data have been rendered, they will be destroyed, as well as any support or documents that contain any personal data or any type of information that has been generated during, for and/or by the provision of the services that are the object of the corresponding Conditions. Notwithstanding the foregoing, Luiscarballo.com may keep such data duly blocked during the period in which responsibilities may arise from its relationship with the customer.
In the event that Luiscarballo.com uses the data for another purpose or communicates or uses them in violation of this Data Protection Policy and/or the corresponding Terms of Service, it will also be considered as the data controller.
Luiscarballo.com undertakes, in accordance with article 28 of the RGPD, to maintain due professional secrecy with regard to the personal data to which it must have access and/or be processed in order to comply in each case with the purpose of the Terms of Service applicable to it, both during and after the termination thereof, and undertakes to use such information only for the purpose intended in each case and to require the same level of commitment from any person who, within its organisation, participates in any phase of the processing of personal data under the responsibility of the customer.
In accordance with the provisions of the RGPD, the following rules will apply in relation to the form and modalities of access to data for the provision of services:
- In the event that Luiscarballo.com is required to have access to the treatment resources located on the customer’s premises, the customer is responsible for establishing and implementing the security policy and measures, as well as for communicating them to Luiscarballo.com, which undertakes to respect them and to enforce them against the people in its organisation who participate in the provision of the services.
- When the service is provided by Luiscarballo.com in its own premises, Luiscarballo.com shall record in its Register of Activities the circumstances relating to the processing of data on the terms required by the RGPD, including the security measures corresponding to such processing.
The access and/or processing of data by Luiscarballo.com, without prejudice to the specific legal or regulatory provisions in force that may be applicable in each case or those adopted by Luiscarballo.com on its own initiative, shall be subject to the necessary security measures for:
o Ensure the continued confidentiality, integrity, availability and resilience of treatment systems and services.
o Restore availability and access to personal data quickly in the event of a physical or technical incident.
o Verify, evaluate and evaluate, on a regular basis, the effectiveness of the technical and organizational measures implemented to guarantee the security of the treatment.
o Pseudonymize and encrypt personal data, if applicable.
o The client authorizes Luiscarballo.com, in its capacity as data processor, to subcontract to third parties, in the name and on behalf of the client, the storage, custody of data backups and security services, and those necessary to enable the provision of the contracted services, respecting in all cases the obligations imposed by the RGPD and its implementing regulations. At any time, the customer may contact Luiscarballo.com to find out the identity of the subcontracted entities for the provision of the services indicated, which will act in accordance with the terms set out in this document and after formalising a data processing contract with Luiscarballo.com in accordance with art. 28.4 of the RGPD.
o The client authorises Luiscarballo.com to carry out the following actions, provided they are necessary for the performance of the services. This authorisation is limited to the action(s) necessary for the provision of each service and with a maximum duration linked to the validity of the applicable contractual conditions:
To carry out the processing of personal data on portable devices only by users or user profiles assigned to the provision of services.
To carry out the processing outside the premises of the client or Luiscarballo.com, only by the users or user profiles assigned to the provision of the services.
The entry and exit of the supports and documents containing personal data, including those included and/or attached to an electronic mail, outside the premises under the control of the client responsible for processing.
The execution of the data recovery procedures that Luiscarballo.com is obliged to perform.
Luiscarballo.com is not responsible for any breach of the obligations arising from the RGPD or the corresponding data protection regulations by the user and/or client in relation to their activity and which is related to the execution of the contract or commercial relations between them and Luiscarballo.com. Each party is liable for its own breach of contractual obligations and rules.