Privacy policy

I. PRIVACY POLICY AND DATA PROTECTION

Laws incorporated by this privacy policy

This privacy policy is adapted to the Spanish and European regulations in force on the protection of personal data on the internet. Specifically, it complies with 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 5 December on the protection of personal data and the 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 data controller

The controller of the personal data collected by Somia Digital is Joan Cama Ribot, operating under the trade name Somia Digital, with tax ID 41531670H (hereinafter, the Controller). Their contact details are as follows:

Address: Carrer de Sant Joan, 17200 Palafrugell (Girona)

Contact phone: +34 678 307 546

Contact email: hola@somiadigital.com

Register of personal data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Somia Digital, through the forms on its pages, will be incorporated into and processed in our file in order to facilitate, expedite and fulfil the commitments established between Somia Digital and the User, or to maintain the relationship established in the forms that the User completes, or to attend to a request or enquiry. 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 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 User's consent will be required at all times following completely transparent information about 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 minimisation: 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 always kept up to date.
• Principle of storage limitation: personal data will only be kept in a form that permits 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 a manner that guarantees their security and confidentiality.
• Principle of accountability: the Controller will be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by Somia Digital are solely identifying 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. Somia Digital undertakes to obtain the User's express and verifiable consent 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, the 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 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 mandatory because they are essential for the correct performance of the operation carried out.

Purposes for which the personal data are intended

Personal data are collected and managed by Somia Digital for the purpose of facilitating, expediting and fulfilling the commitments established between the Website and the User, or maintaining the relationship established in the forms that the latter completes, or attending to a request or enquiry.

Likewise, the data may be used for a commercial purpose of personalisation, operations and statistics, and activities related to Somia Digital's corporate purpose, as well as for data extraction and storage and marketing studies to tailor the Content offered to the User, and to improve the quality, functioning and navigation of the Website.

At the time the personal data are obtained, the User will be informed of the specific purpose or purposes of the processing for which the personal data are intended; that is, of the use or uses that will be made of the information collected.

Personal data retention periods

Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 12 months, or until the User requests their deletion.

At the time the personal data are obtained, the User will be informed of the period during which the personal data will be kept or, when this is not possible, of the criteria used to determine this period.

Recipients of the personal data

The User's personal data will not be shared with third parties.

In any case, at the time the personal data are obtained, the User will be informed of the recipients or categories of recipients of the personal data.

Personal data of minors

In accordance with the provisions of articles 8 of the GDPR and 7 of Organic Law 3/2018 of 5 December on the protection of personal data and the guarantee of digital rights, only those over 14 years of age may give their consent for the lawful processing of their personal data by Somia Digital. In the case of a child under 14, the consent of the parents or guardians is required for the processing, and this will only be considered lawful to the extent that they have authorised it.

Secrecy and security of personal data

Somia Digital undertakes to adopt the technical and organisational measures necessary, according to the level of security appropriate to the risk of the data collected, so as to guarantee the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal 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 are transmitted securely and confidentially, since the transmission of data between the server and the User, and back, is fully encrypted.

However, since Somia Digital 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 when a personal data security breach occurs that is likely to entail a high risk to the rights and freedoms of natural persons. In accordance with article 4 of the GDPR, a personal data breach means 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 unauthorised communication of or access to such data.

Personal data will be treated as confidential by the Controller, who undertakes to inform of and guarantee, by means of a legal or contractual obligation, that this confidentiality is respected by their employees, associates and any person to whom they make the information accessible.

Rights arising from the processing of personal data

The User has, and may therefore exercise against the Controller, the following rights recognised in the GDPR and Organic Law 3/2018 of 5 December on the protection of personal data and the guarantee of digital rights:

• Right of access: This is the User's right to obtain confirmation of whether or not Somia Digital is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Somia Digital has carried out or is carrying out, as well as, among others, the available information on the origin of said data and the recipients of the communications made or planned of them.
• Right of rectification: This is the User's right to have their personal data modified if they prove to be inaccurate or, taking into account the purposes of the processing, incomplete.
• Right of erasure (“the right to be forgotten”): This is the User's right, provided that the legislation in force 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 it has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue it; the personal data have been unlawfully processed; 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 14. In addition to erasing the data, the Controller, taking into account the available technology and the cost of its application, must adopt reasonable measures to inform the controllers that are processing the personal data of the data subject's request to erase any link to those 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 the restriction of 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 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 will have the right to receive from the Controller their personal data in a structured, commonly used and machine-readable format, and to transmit them to another controller. Whenever technically possible, the Controller will transmit the data directly to that other controller.
• Right to object: This is the User's right for the processing of their personal data not to be carried out or for its processing by Somia Digital to cease.
• 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 the automated processing of their personal data, including profiling, unless the legislation in force establishes otherwise.

Thus, the User may exercise their rights by means of a written communication addressed to the Controller with the reference «GDPR-https://somiadigital.com», specifying:

• The User's name, surname and a copy of their ID document. In cases where representation is admitted, identification by the same means of the person representing the User will also be necessary, as well as the document proving the representation. The photocopy of the ID document may be replaced by any other legally valid means proving identity.
• Request with the specific reasons for the application or the information to be accessed.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document proving the request being made.

This request and any other attached document may be sent to the following address or email:

Postal address: Carrer de Sant Joan, 17200 Palafrugell (Girona)

Email: hola@somiadigital.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to web pages of third parties other than Somia Digital, and which are therefore not operated by Somia Digital. The owners of these 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 considers that there is a problem or infringement of the regulations in force in the way their personal data are being processed, they will have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State of their 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).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary for the User to have read and to agree with the conditions on the protection of personal data contained in this Privacy Policy, as well as to accept the processing of their personal data so that the Controller may proceed with it in the manner, for the periods and for the purposes indicated. Use of the Website will imply acceptance of its Privacy Policy.

Somia Digital reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is advised to consult this page periodically to be aware 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 with Organic Law 3/2018 of 5 December on the protection of personal data and the guarantee of digital rights.