I. PRIVACY POLICY AND DATA PROTECTION
Respecting the provisions of current legislation, Aun Más Difícil Todavía (hereinafter also the Website) commits to adopting the necessary technical and organizational measures according to the appropriate level of security for the risk of the data collected.
Laws Incorporated in 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 complies with the following regulations:
- Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and 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 Services of the Information Society and Electronic Commerce (LSSI-CE).
Identity of the Data Controller
The data controller of the personal data collected at Aun Más Difícil Todavía is Consultora Mocalle Digital, S.L.U., with NIF: B87988705, registered in the Mercantile Registry of Madrid with the following registration details: Volume 37,056, Section: 8, Page: 188, Sheet: M-661812, Entry: 1, whose representative is Aun Más Difícil Todavía (hereinafter, Data Controller). Contact details are as follows:
Address: C/ La Paz, 13 – 28210 (Madrid)
Contact phone: 910 052 747
Contact email: contacto@aunmasdificiltodavia.es
Registration of Personal Data
In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Aun Más Difícil Todavía, through the forms extended on its pages, will be incorporated and processed in our file in order to facilitate, expedite, and fulfill the commitments established between Aun Más Difícil Todavía and the User or the maintenance of the relationship established in the forms that the latter fills out, or to address a request or query from the same. Also, 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 will be subject to the following principles set out in Article 5 of the GDPR and in Article 4 and subsequent articles 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 with prior completely transparent information on the purposes for which the personal data is collected.
- Principle of purpose limitation: Personal data will be collected for specified, explicit, and legitimate purposes.
- Principle of data minimization: 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 maintained in a form that allows the identification of the User for as long as 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 proactive responsibility: The Data Controller will be responsible for ensuring that the above principles are complied with.
Categories of Personal Data
The categories of data processed by Aun Más Difícil Todavía are solely identification 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. Aun Más Difícil Todavía commits to obtaining the User’s explicit and verifiable consent for the processing of their personal data for one or more specific purposes.
The User will have the right to withdraw their consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.
In cases where the User must or can 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 the completion of any of them is mandatory because they are essential for the proper development of the operation carried out.
Purposes of the Processing of Personal Data
Personal data are collected and managed by Aun Más Difícil Todavía with 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 fills out or to address a request or query.
Likewise, the data may be used for a commercial purpose of personalization, operational and statistical purposes, and activities related to the corporate purpose of Aun Más Difícil Todavía, as well as for data extraction, storage, and marketing studies to tailor the Content offered to the User, and to improve the quality, operation, and navigation of the Website.
At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be used; 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 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 is obtained, the User will be informed about the period during which the personal data will be kept or, when that is not possible, the criteria used to determine this period.
Recipients of Personal Data
User’s personal data will not be shared with third parties.
In any case, at the time the personal data is obtained, the User will be informed about the recipients or the 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 old can give their consent for the lawful processing of their personal data by Aun Más Difícil Todavía. If it is a minor under 14 years old, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it.
Secrecy and Security of Personal Data
Aun Más Difícil Todavía commits to adopting the necessary technical and organizational measures according to the appropriate level of security for the risk of the data collected, in such a way as to guarantee the security of personal data and to prevent 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, ensuring 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 encoded.
However, because Aun Más Difícil Todavía cannot guarantee the impregnable nature of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller commits to notifying the User without undue delay when a breach of the security of personal data 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 is understood as a breach of security that leads to the accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or otherwise processed, or the unauthorized communication or access to such data.
Personal data will be treated as confidential by the Data Controller, who commits to informing and ensuring 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 rights over Aun Más Difícil Todavía and can, therefore, exercise against 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: It is the right of the User to obtain confirmation of whether Aun Más Difícil Todavía is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Aun Más Difícil Todavía has carried out or carries out, as well as, among other things, available information about the origin of those data and the recipients of the communications made or planned thereof.
- Right of Rectification: It is the right of the User to have their personal data modified if they are found to be inaccurate or, considering the purposes of the processing, incomplete.
- Right of Erasure (“the right to be forgotten”): It is the right of the User, provided that the current legislation does not establish otherwise, to obtain the deletion 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 this 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 have been processed unlawfully; 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 services of the information society to a minor under 14 years old. In addition to erasing the data, the Data Controller, considering the available technology and the cost of its application, must take reasonable measures to inform other 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 Restrict Processing: It is the User’s right to limit the processing of their personal data. The User has the right to obtain the restriction of processing when they challenge 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: Where the processing is carried out by automated means, the User will have the right to receive from the Data Controller their personal data in a structured, commonly used, and machine-readable format, and to transmit them to another data controller. Whenever technically feasible, the Data Controller will directly transmit the data to that other controller.
- Right to Object: It is the right of the User to prevent the processing of their personal data or to cease its processing by Aun Más Difícil Todavía.
- Right not to be subject to Automated Individual Decision-Making, including profiling: It is the User’s right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects concerning them or similarly significantly affects them, unless there is current legislation establishing otherwise.
Thus, the User can exercise their rights by written communication addressed to the Data Controller with the reference “GDPR-www.aunmasdificiltodavia.es”, specifying:
- Name, surname of the User, and copy of the DNI. In cases where representation is admitted, identification by the same means of the person representing the User, as well as the document accrediting the representation, will also be necessary. The photocopy of the DNI may be substituted by any other legally valid means proving 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 supporting the request made.
This request and any other attached document can be sent to the following address and/or email:
Postal address:
Consultora Mocalle Digital, S.L.U.
C/ La Paz, 13 – 28210 (Madrid)
Email:
contacto@aunmasdificiltodavia.es
Links to Third-Party Websites
The Website may include hyperlinks or links that allow access to third-party websites other than Aun Más Difícil Todavía and are therefore not operated by Aun Más Difícil Todavía. 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
In the event that the User considers that there is a problem or breach of current regulations in the way their personal data is being processed, they will have the right to effective judicial protection and to file a complaint with a supervisory authority, in particular, in the state where they have 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.aepd.es).
II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY
It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as accepting the processing of their personal data so that the Data Controller can proceed in the manner, during the periods, and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.
Aun Más Difícil Todavía 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 be explicitly notified to the User.
This Privacy Policy was updated on January 1, 2023, to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and 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.
For any questions or concerns about this Privacy Policy, the User can contact Aun Más Difícil Todavía through the contact details provided above.
