PRIVACY POLICY AND DATA PROTECTION

1.- OBJECTIVE OF THE PRIVACY POLICY

This "Privacy and Data Protection Policy" is intended to publicize the conditions that govern the collection and processing of personal data by Kelmy, making every effort to ensure the fundamental rights, honor and freedoms of the people whose personal data is processed in compliance with the regulations and laws in force that regulate the Protection of Personal Data according to the European Union and the Spanish Member State and, specifically, those expressed in the "Processing Activities" section of this Privacy Policy. Privacy.

For all of which, in this Privacy and Data Protection Policy, users of the Website http://www.kelmy.com are informed of all the details of interest regarding how these processes are carried out, for what purposes, that other entities could have access to your data and what are the rights of users.

2.- DEFINITIONS

«Personal data» : Any information about an identified or identifiable natural person ("the Website user"); an identifiable natural person is any person whose identity can be determined, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more elements of identity physical, physiological, genetic, psychic, economic, cultural or social of said person.

“Processing” : any operation or set of operations carried out on personal data or sets of personal data, whether by automated procedures or not, such as the collection, registration, organization, structuring, conservation, adaptation or modification, extraction, consultation, use, communication by transmission, diffusion or any other form of authorization of access, collation or interconnection, limitation, suppression or destruction.

"Limitation of processing" : the marking of the personal data stored in order to limit their processing in the future.

"Profiling" : any form of automated processing of personal data consisting of using personal data to evaluate certain personal aspects of a natural person, in particular to analyze or predict aspects related to professional performance, economic situation, health, personal preferences, interests , ability, behavior, location or movements of said natural person.

"Pseudonymization" : the processing of personal data in such a way that they can no longer be attributed to a data subject without the use of additional information, provided that such additional information appears separately and is subject to technical and organizational measures designed to ensure that the personal data is not attributed to an identified or identifiable natural person. “File”: any structured set of personal data, accessible according to certain criteria, whether centralized, decentralized or distributed functionally or geographically.

“Responsible for the treatment” or “responsible”: the natural or legal person, public authority, service or other body that, alone or jointly with others, determines the purposes and means of the treatment; if the law of the Union or of the Member States determines the purposes and means of the treatment, the data controller or the specific criteria for its appointment may be established by the law of the Union or of the Member States.

“Data Processor” or “Data Processor”: the natural or legal person, public authority, service or other body that processes personal data on behalf of the data controller.

“Recipient”: the natural or legal person, public authority, service or other body to which personal data is communicated, whether or not it is a third party. However, public authorities that may receive personal data in the context of a specific investigation in accordance with Union or Member State law shall not be considered recipients; the processing of such data by said public authorities will be in accordance with the data protection regulations applicable to the purposes of the processing. 

“Third Party”: natural or legal person, public authority, service or body other than the interested party, the data controller, the data processor and the persons authorized to process personal data under the direct authority of the data controller or data processor.

"Consent of the interested party": any free, special, informed and unequivocal expression of will by which the interested party accepts, either by means of a declaration or a clear affirmative action, the processing of personal data that concerns him.

“Personal Data Security Breach” : any security breach resulting 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;

"Genetic data": personal data relating to the inherited or acquired genetic characteristics of a natural person that provide unique information about the physiology or health of that person, obtained in particular from the analysis of a biological sample from such a person.

"Biometric data": personal data obtained from a specific technical treatment, related to the physical, physiological or behavioral characteristics of a natural person that allow or confirm the unique identification of said person, such as facial images or dactyloscopic data.

"Health-related data": personal data relating to the physical or mental health of a natural person, including the provision of health care services, which reveals information about their state of health.

"Main Establishment":a) as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless decisions on the purposes and means of processing are taken in another establishment of the controller in the Union and the latter establishment has the power to enforce such decisions, in which case the establishment that has taken such decisions shall be considered as the main establishment; b) as regards a data processor with establishments in more than one Member State, the place of his central administration in the Union or, if he has no central administration,

“Representative”: natural or legal person established in the Union who, having been designated in writing by the controller or processor in accordance with article 27 of the RGPD, represents the controller or the processor with regard to their respective obligations in under this Regulation.

"Company": natural or legal person engaged in an economic activity, regardless of its legal form, including companies or associations that regularly carry out an economic activity.

“Control Authority”: the independent public authority established by a Member State in accordance with the provisions of article 51 of the RGPD. In the case of Spain, it is the Spanish Data Protection Agency.

"Cross-border processing": a) the processing of personal data carried out in the context of the activities of establishments in more than one Member State of a controller or a processor in the Union, if the controller or processor is established in more than a Member State, or b) the processing of personal data carried out in the context of the activities of a single establishment of a controller or a processor in the Union, but which substantially affects or is likely to substantially affect data subjects in more than a member state.

"Information society service" means any information society service, that is, any service normally provided for remuneration, remotely, electronically and at the individual request of a recipient of services.

3.- IDENTITY OF THE DATA CONTROLLER

What do we do to guarantee the privacy of your data?

The Data Controller is that natural or legal person, public or private, or administrative body, that alone or jointly with others determine the purposes and means of processing personal data; in case the purposes and means of the treatment are determined by the Law of the European Union or of the Spanish Member State.

In the aspects expressed in this Data Protection Policy, the identity and contact details of the person in charge of the Treatment is:

Products Kelmy SAU - CIF A03197167

Ctra. de Tibi km. 1.5.   ́03100, JIJONA (Alicante), Spain

• Email: lazarocebrian@kelmy.com
• Telephone: 965612600

4.- APPLICABLE LAWS AND REGULATIONS

This Privacy and Data Protection Policy is developed based on the following regulations and data protection laws:

• Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data. Hereinafter GDPR.
• Organic Law 3/2018, of December 5, Protection of Personal Data and Guarantee of Digital Rights. Hereinafter LOPD/GDD.
• Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce. Hereinafter LSSICE.

5.- PRINCIPLES APPLICABLE TO THE PROCESSING OF PERSONAL DATA

The personal data collected and processed through this website will be treated in accordance with the following principles:

• Principle of legality, loyalty and transparency: All personal data processing carried out through this Website will be legal and fair, being completely clear to the user when the personal data that concerns him or her is being collected, used, consulted or processed. The information regarding the treatments carried out will be transmitted in advance, easily accessible and easy to understand, in simple and clear language.
• Purpose limitation principle: All data will be collected for specific, explicit and legitimate purposes, and will not be subsequently processed in a manner incompatible with the purposes for which they were collected.
• Principle of data minimization: The data collected will be adequate, pertinent and limited to what is necessary in relation to the purposes for which they are processed.
• Principle of accuracy : The data will be exact and, if necessary, updated, adopting all reasonable measures so that personal data that is inaccurate with respect to the purposes for which it is processed is deleted or rectified without delay.
• Principle of limitation of the term of conservation : The data will be kept in a way that allows the identification of the interested parties for no longer than is necessary for the purposes of the processing of personal data.
• Principle of integrity and confidentiality : The data will be treated in a way that guarantees adequate security of personal data, including protection against unauthorized or illegal treatment and against accidental loss or damage, through the application of technical and organizational measures. appropriate
• Principle of proactive responsibility: The entity that owns the Website will be responsible for compliance with the principles set forth in this section and will be able to demonstrate it.

6.- DATA PROCESSING ACTIVITIES

The data processing activities carried out through the website are detailed below, specifying each of the following sections:

• Activity : Name of the data processing activity
• Purposes: Each of the uses and treatments that are carried out with the data collected
• Legal basis: The legal basis that legitimizes the processing of data
• International transfers: Cross-border transfers of data outside the European Union
• Purposes : Each of the uses and treatments that are carried out with the data collected
• Legal basis: The legal basis that legitimizes the processing of data
• Data processed: Typology of data processed
• Origin: Where the data is obtained from
• Conservation: Period during which the data is kept
• Recipients: Third parties or entities to whom the data is provided Type of data processed

6.1 MAIN PROCESSING ACTIVITIES

They are those data processing activities whose purposes are necessary and essential for the provision of services.

7.- NECESSARY AND UPDATED INFORMATION

All the fields that appear marked with an asterisk (*) in the Website forms will be mandatory to fill in, in such a way that the omission of any of them could lead to the impossibility of being able to provide the requested services or information. You must provide true information, so that the information provided is always updated and does not contain errors, you must communicate to the Treatment Manager as soon as possible, the modifications and rectifications of your character data as they occur via email to the address: lazarocebrian@kelmy.com. Likewise, by "clicking" on the "I accept" button (or equivalent) incorporated in the aforementioned forms, you declare that the information and data that you have provided in them are accurate and truthful, as well as that you understand and accept this Privacy Policy.

8.- DATA OF MINORS

In compliance with the provisions of article 8 of the RGPD and article 7 of the LOPD/GDD, only those over 14 years of age may grant their consent for the processing of their personal data in a legal way by Kelmy. Therefore, children under 14 years of age may not use the services available through the Website without prior authorization. of their parents, guardians or legal representatives, who will be solely responsible for all acts carried out through the Website for the minors in their charge, including the completion of electronic forms with the personal data of said minors and the marking, where appropriate, of the boxes that accompany them.

9.- TECHNICAL AND ORGANIZATIONAL SECURITY MEASURES

The Data Controller adopts the necessary organizational and technical measures to guarantee the security and privacy of

your data, prevent its alteration, loss, treatment or unauthorized access, depending on the state of the technology, the nature of

the data stored and the risks to which they are exposed.

Among others, the following measures stand out:

• Guarantee the confidentiality, integrity, availability and permanent resilience of treatment systems and services.
• Restore the availability and access to personal data quickly, in the event of a physical or technical incident.
• Evaluate and assess, on a regular basis, the effectiveness of the technical and organizational measures implemented to guarantee the
• safety of treatment. Verify.
• Pseudonymize and encrypt personal data, in the case of sensitive data.

On the other hand, the Data Controller has made the decision to manage the information systems in accordance with the following principles:

• Principle of regulatory compliance: All information systems will comply with the regulations of regulatory and sectoral legal application that affect the security of information, especially those related to the protection of personal data, security of systems, data, communications and electronic services.
• Risk management principle : Risks will be minimized to acceptable levels and seek a balance between security controls and the nature of the information. Security objectives should be established, reviewed and consistent with information security aspects.
• Principle of awareness and training: Training, awareness programs and awareness campaigns will be articulated for all users with access to information, in terms of information security.
• Principle of proportionality: The implementation of controls that mitigate the security risks of assets will be carried out seeking a balance between security measures, nature and information and risk.
• Principle of responsibility: All members of the Data Controller will be responsible for their conduct in terms of information security, complying with the established standards and controls.
• Principle of continuous improvement: The degree of effectiveness of the security controls implemented in the organization will be reviewed on a recurring basis to increase the ability to adapt to the constant evolution of risk and the technological environment.

10.- TECHNICAL AND ORGANIZATIONAL SECURITY MEASURES

• Right of access: It is the right that the user of the Website has to obtain confirmation of whether or not the Data Controller is treating their personal data and, if so, to obtain information about their specific personal data and the treatment that the Data Controller of the Treatment has carried out or carries out, as well as, among others, of the information available on the origin of said data and the recipients of the communications made or foreseen in them.
• Right of rectification : It is the right that the user of the Website has to modify their personal data that turns out to be inaccurate or, taking into account the purposes of the treatment, incomplete.
• Right of deletion:It is usually known as "right to be forgotten", and it is the right that the user of the Website has, provided that the current legislation does not establish otherwise, to obtain the deletion of their personal data when these are no longer necessary for the purposes for which were collected or treated; the User has withdrawn their consent to the treatment and this does not have another legal basis; the User opposes the treatment and there is no other legitimate reason to continue with it; the personal data has been unlawfully processed; 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 deleting the data, the Data Controller, taking into account the available technology and the cost of its application,
• Right to data limitation: It is the Website User's right to limit the processing of their personal data. The User of the Website has the right to obtain the limitation of the treatment when he contests the accuracy of his 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 of the Website has opposed the treatment.
• Right to data portability: In those cases where the treatment is carried out by automated means, the Website User will have the right to receive their personal data from the Data Controller in a structured format, for common use and mechanical reading, and to transmit them to another data controller. Whenever technically possible, the Data Controller will transmit the data directly to that other Controller.
• Right of opposition: It is the right of the User to not carry out the processing of their personal data or to cease their processing by the Data Controller.
• Right not to be the subject of automated decisions and/or profiling: The Website User's right not to be the subject of an individualized decision based solely on the automated processing of their personal data, including profiling, existing unless current legislation establishes otherwise.
• Right to revoke consent: It is the right of the User of the Website to withdraw, at any time, the consent given for the processing of their data.

The Website user can exercise any of the aforementioned rights by contacting the Data Controller and prior identification of the User using the following contact information:

Responsible: Products Kelmy SAU

Address: Carretera de Tibi km. 1.5.   ́03100, JIJONA (Alicante), Spain

Telephone: +34965612600

Email: lazarocebrian@kelmy.com

Website: http://www.kelmy.com

11.- TECHNICAL AND ORGANIZATIONAL SECURITY MEASURES

Spanish Data Protection Agency

Email: info@aepd.es

Telephone : +34912663517

Website : https://www.aepd.es

Address: C/. Jorge Juan, 6. 28001, Madrid (Madrid), Spain