I. PRIVACY AND DATA PROTECTION POLICY
Respecting the provisions of current legislation, Montaner&Associates (hereinafter, also the Website) undertakes to adopt the necessary technical and organizational measures, according to the security level appropriate to the risk of the data collected.Laws incorporated into this privacy policy
This privacy policy is adapted to current Spanish and European regulations regarding the protection of personal data on the internet. Specifically, it complies with 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 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 Regulation implementing 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 data controller for personal data
The data controller for the personal data collected at Montaner&Associates is: Montaner&Associates GmbH, holding Tax Identification Number (NIF/CIF): CHE497947715. Their contact details are as follows:
Address: C/ Speerstrasse 1, CH 8832 Wilen b. Wollerau Contact Email: montse.montanerpicart@gmail.comRecord of Personal Data
In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Montaner&Associates through the forms provided on its pages will be incorporated into and processed in our file in order to facilitate, streamline, and fulfill the commitments established between Montaner&Associates and the User, or to maintain the relationship established in the forms filled out by the latter, or to address a request or inquiry. Furthermore, 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 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 shall 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 be required at all times, following completely transparent information regarding the purposes for which the personal data are 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 only what is strictly necessary in relation to the purposes for which they are processed.
- Principle of accuracy: personal data must be accurate and always kept up to date.
- Principle of storage limitation: personal data shall only be kept in a form which permits identification of the User for no longer than necessary for the purposes of their processing.
- Principle of integrity and confidentiality: personal data will be processed in a manner that ensures their security and confidentiality.
- Principle of accountability: the Data Controller shall be responsible for ensuring compliance with the above principles.
Categories of personal data
The categories of data processed at Montaner&Associates are exclusively identifying data. Under no circumstances are special categories of personal data, within the meaning of Article 9 of the GDPR, processed.Legal basis for processing personal data
The legal basis for processing personal data is consent. Montaner&Associates 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. It shall be as easy to withdraw consent as to give 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 will be informed if completion of any of them is mandatory because they are essential for the proper execution of the operation performed.Purposes of the processing of personal data
Personal data are collected and managed by Montaner&Associates for the purpose of facilitating, streamlining, 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 addressing a request or inquiry. Likewise, the data may be used for commercial customization, operational, and statistical purposes, as well as activities proper to the corporate purpose of Montaner&Associates, and for data extraction, storage, and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation, and browsing of the Website. At the time the personal data are obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data are intended; that is, the use or uses that will be given to the information collected.Retention periods for personal data
Personal data will only be retained for the minimum period necessary for the purposes of its processing and, in any case, only for the following period: 18 months, or until the User requests its erasure. At the time the personal data are obtained, the User will be informed about the period for 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 be shared with the following recipients or categories of recipients:
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 are 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 by the Commission.
Personal data of minors
Respecting the provisions of Article 8 of the GDPR and Article 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 Montaner&Associates. In the case of a minor under 14 years of age, the consent of the parents or guardians will be required for the processing, and it will only be considered lawful to the extent that they have authorized it.Security and confidentiality of personal data
Montaner&Associates undertakes to adopt the necessary technical and organizational measures, according to the security level appropriate to the risk of the data collected, in such a way as to guarantee the security of personal data and avoid the accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or otherwise processed, or unauthorized communication 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 vice versa, is fully encrypted.
However, because Montaner&Associates 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 personal data breach occurs that is likely to result in a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a personal data breach means any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed. Personal data will be treated as confidential by the Data Controller, who undertakes to inform of and ensure, by means of 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 holds against Montaner&Associates, and may therefore exercise before the Data 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: This is the User’s right to obtain confirmation as to whether or not Montaner&Associates is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Montaner&Associates has carried out or is carrying out, as well as, among other things, the information available on the source of such data and the recipients of the communications made or planned for them.
- Right to rectification: This is the User’s right to have their personal data modified if it turns out to be inaccurate or, taking into account the purposes of the processing, incomplete.
- Right to erasure («the right to be forgotten»): This is 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; the User objects to the processing and there is no other overriding 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 available technology and the cost of implementation, must take reasonable steps to inform controllers processing the personal data of the data subject’s request for erasure of any links to that personal data.
- Right to restriction of processing: This is the User’s right to restrict 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, but the User needs it to make claims; and when the User has objected to the processing.
- Right to data portability: In the event that the 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 it to another data controller. Whenever technically possible, the Data Controller will transmit the data directly to that other controller.
- Right to object: This is the User’s right to object to the processing of their personal data or to demand that Montaner&Associates cease processing it.
- 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 individualized decision based solely on the automated processing of their personal data, including profiling, unless current legislation establishes otherwise.
- Name, surname of the User, and a copy of their ID/Passport. In cases where representation is admitted, identification of the person representing the User by the same means will also be necessary, as well as the document proving representation. The photocopy of the ID may be replaced by any other legally valid means that proves identity.
- Request with the specific reasons for the application or information to which access is sought.
- Address for notification purposes.
- Date and signature of the applicant.
- Any document supporting the request being made.