In compliance with current legislation, Nabiture (hereinafter also Website) undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.
· Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GPRD).
· The 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, which approves the Regulations 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 PERSON RESPONSIBLE FOR PROCESSING PERSONAL DATA
The party responsible for processing the personal data collected by Nabiture is: Grupo Nabiture S.C., with tax identification number: J01610823 and registered in Spain. Their contact details are as follows:
P.O. Box 47044
28080 Madrid (Spain)
Contact email: firstname.lastname@example.org
RECORDING OF PERSONAL DATA
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Nabiture, through the forms provided on its pages will be incorporated and processed in our file in order to facilitate, expedite and fulfill the commitments established between Nabiture and the User or the maintenance of the relationship established in the forms that the User fills out, or to meet a request or consultation of the same. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in Article 30.5 of the RGPD is applicable, a register of processing activities is kept that 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 personal data will be subject to the following principles contained in Article 5 of the RGPD and in Article 4 and following of the Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights:
· Principle of legality, loyalty and transparency: the User's consent will be required at all times, after being informed in a completely transparent manner of the purposes for which the personal data are collected.
· Principle of purpose limitation: personal data will be collected for specific, explicit and legitimate purposes.
· Data minimization principle: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
· Accuracy principle: personal data must be accurate and always up to date.
· Principle of limitation of the period of conservation: personal data will only be maintained in such a way as to allow the identification of the User for the time necessary for the purposes of their processing.
· Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
· Principle of proactive responsibility: the data controller shall be responsible for ensuring that the above principles are complied with.
CATEGORIES OF PERSONAL DATA
The data categories that are handled at Nabiture are:
· your identification details (e.g. your name, surname, language and country from which you interact with us, contact details, etc)
· economic and transactional information (for example, your payment or card details, information about your purchases, orders, returns, etc.)
· connection, geolocation and navigation data (in case you interact with us from your mobile phone, for example)
· commercial information (e.g. if you subscribe to our newsletter)
· data about your tastes and preferences.
Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GPRS.
LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA
The legal basis for the processing of personal data is consent. Nabiture undertakes to obtain the User's express and verifiable consent to the processing of his or her personal data for one or more specific purposes.
The User shall have the right to withdraw his/her consent at any time. Withdrawing consent shall be as easy as giving it.
On the occasions when the User must or may provide his/her data through forms to make queries, request information or for reasons related to the content of the Website, he/she will be informed if the completion of any of these forms is compulsory due to the fact that they are essential for the correct development of the operation carried out.
PURPOSES OF THE PROCESSING FOR WHICH THE PERSONAL DATA ARE INTENDED
Personal data are collected and managed by Nabiture in order to facilitate, speed up and fulfil the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills in or to deal with a request or query.
We will use your data (obtained online or in person), among other purposes, to manage your registration as a user, to manage the purchase of products or services, to attend to your queries and requests, as well as, if you wish, to send you our commercial communications. All this in order to offer you the products and services, as a registered user. You can cancel your registered user account by contacting us via email.
Likewise, the data may be used for commercial purposes of personalisation, operational and statistical purposes, and activities relating to the corporate purpose of Nabiture, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.
For the development, fulfillment and execution of the sales contract or service contract you have entered into with Nabiture on the Website. This includes, but is not limited to, the processing of your data, specifically for:
· Contact you regarding updates or informative communications related to the contracted functionalities, products or services, including the sending of quality surveys on the products or services provided.
· Manage the payment of the products you buy, regardless of the means of payment used. For example: if when buying any of our products through the Web, you choose to activate the functionality of saving your card details for future purchases, we need to process the data indicated for the activation and development of this functionality. The consent for the activation of this functionality allows your autocomplete payment details to appear in subsequent purchases so that you do not have to enter them again in each new process, and they will be understood to be valid and in force for subsequent purchases. You can modify or delete your cards at any time through the section corresponding to the payment information, either from your registered user account on the Web.
· Activate the necessary mechanisms in order to prevent potential fraud against you and Nabiture during the purchase process If we consider that the transaction may be fraudulent, this treatment may result in the blocking of the transaction.
· Manage possible returns once you have made a purchase and manage requests for information on products or services, as well as product reservations through the Website.
· For billing purposes and to make available to you tickets and invoices for purchases you have made on the Website.
· Guarantee the use of other functionalities or services available, such as the purchase, management and use of the Gift Card or Gift Ticket.
RETENTION PERIODS FOR PERSONAL DATA
Personal data will only be retained for the time necessary for the purposes of processing and, in any case, generally for the period: 6 years, or until the User requests its deletion. The period of retention of your data specifically according to the purpose, will be:
· Manage your registration as a user of the Platform: we will treat your data for as long as you maintain the status of registered user (ie until you decide to unsubscribe).
· Development, fulfilment and execution of the contract of sale or services: we will treat your data during the time necessary to manage the purchase of the products or services that you have acquired, including possible returns, complaints or claims associated with the purchase of the product or service in particular.
· In some cases, we will only process the data until you decide, as is the case with the payment data (card) that you have asked us to store for possible future purchases.
· Customer Service: we will treat your data for as long as it is necessary to deal with your request or inquiry.
· Marketing: we will treat your data until you unsubscribe or cancel your subscription to the newsletter. If you participate in promotional activities we will keep your data for a period of six (6) months from the end of the action.
· Usability and quality analysis: we will treat your data punctually during the time in which we proceed to carry out an action or survey of specific quality.
Regardless of whether we process your data for the time strictly necessary to comply with the corresponding purpose, we will subsequently keep them duly stored and protected for as long as responsibilities may arise from the processing, in compliance with the regulations in force at any given time. Once the possible actions in each case are prescribed, we will proceed to the deletion of the personal data.
RECIPIENTS OF PERSONAL DATA
The User's personal data may be shared with the following recipients or categories of recipients:
· Financial institutions
· Fraud detection and prevention entities
· Technology service providers
· Suppliers and partners of logistics, transport and delivery services
· Providers of services related to customer care
· Suppliers and collaborators of services related to marketing and advertising
In general, we will only share your data with service providers that help or support us, whether they are companies of the same business group, payment gateways (Paypal, Stripe, etc.), logistics and shipping services or external partners with whom we have reached an agreement, whether they are located within or outside the European Union.
In case the Controller intends to transfer personal data to a third country or international organization, the User will be informed at the time the personal data are obtained about the third country or international organization to which the data are intended to be transferred and about the existence or absence of a decision of adequacy by the Commission.
SECRECY AND SECURITY OF PERSONAL DATA
Nabiture undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in order to ensure the security of personal data and to prevent 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.
The Website has a 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 feedback, is fully encrypted or unencrypted.
However, since Nabiture 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 inform the User without undue delay when a breach of the security of personal data occurs that is likely to involve a high risk to the rights and freedoms of individuals. In accordance with article 4 of the RGPD, a personal data security breach is understood to be any breach of security that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication of or access to such data.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform of and to ensure by means of a legal or contractual obligation that such confidentiality is respected by his employees, associates, and any person to whom he makes the information accessible.
RIGHTS ARISING FROM THE PROCESSING OF PERSONAL DATA
The User has over Nabiture and may, therefore, exercise against the Responsible for the treatment the following rights recognized in the RGPD and the Organic Law 3/2018 of December 5, 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 Nabiture is processing his or her personal data and, if so, to obtain information about his or her specific personal data and the processing that Nabiture has carried out or will carry out, as well as, inter alia, information available about the origin of such data and the recipients of the communications carried out or planned.
· Right of rectification: This is the user's right to have his personal data modified if they are found to be inaccurate or, taking into account the purposes of the processing, incomplete.
· Right of suppression ("the right to forget") This is the right of the User, provided that current legislation does not provide otherwise, to obtain the deletion of his or her personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her 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 with it; the personal data has been processed unlawfully; the personal data must be deleted 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 person under 14 years of age. In addition to the deletion of the data, the data controller shall, taking into account the available technology and the cost of its implementation, take reasonable steps to inform the data controllers who are processing the personal data of the data subject's request for the deletion of any link to those personal data.
· Right to limit processing: This is the User's right to limit the processing of his or her personal data. The User has the right to obtain the limitation of the processing when he contests the accuracy of his personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has opposed 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 from the Data Controller his personal data in a structured, commonly used and machine-readable format and to transmit them to another Data Controller. Wherever technically possible, the data controller shall transmit the data directly to that other controller.
· Right of opposition: This is the User's right not to have his/her personal data processed or to have it processed by Nabiture.
· Right not to be subject to a decision based solely on automated processing, including profiling: This is the right of the User not to be subject to an individualized decision based solely on the automated processing of his or her personal data, including profiling, unless otherwise provided for by law.
Therefore, the User will be able to exercise his rights by means of a written communication addressed to the Responsible of the treatment with the reference "RGPD-www.nabiture.es", specifying:
· Name, surname of the user and copy of the ID card. In cases where representation is admitted, it will also be necessary to identify by the same means the person representing the User, as well as the document proving the representation. The photocopy of the DNI may be replaced by any other legally valid means of proof of identity.
· Request with the specific reasons for the request or information you want to access.
· Address for notification purposes.
· Date and signature of the applicant.
· Any document proving the request you make.
This application and any other attached documents may be sent to the following address and/or e-mail:
P.O. Box 47044
28080 Madrid (Spain)
Contact email: email@example.com
LINKS TO THIRD PARTY WEBSITES
The Website may include hyperlinks or links that allow access to websites of third parties other than Nabiture, and which are therefore not operated by Nabiture. The owners of such websites shall have their own data protection policies, and are in each case responsible for their own files and privacy practices.
COMPLAINTS TO THE SUPERVISORY AUTHORITY
In the event that the User considers that there is a problem or infringement of the regulations in force in the way his or her personal data is being processed, he or she shall be entitled to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State in which he or she has his or her 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 (http://www.agpd.es).