PRIVACY AND DATA PROTECTION POLICY
Privacy is of utmost importance to BVERTIKAL (the “Website”) and therefore, in compliance with current legislation, it commits to adopting the necessary technical and organizational measures, according to the appropriate level of security for the risk of the data collected.
This Privacy and Data Protection Policy (the “Privacy Policy” or the “Policy”) explains how user data is handled when they interact on this Website (“User(s)”). In this regard, it is recommended to read the Privacy Policy before providing personal data on this Website.
1. LAWS INCORPORATED IN THIS PRIVACY POLICY
This Privacy Policy is adapted to current Spanish and European regulations on 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 on the free movement of such data, and its amendments and/or updates (hereinafter, “GDPR”).
Organic Law 3/2018 of December 5, on Personal Data Protection and guarantee of digital rights, and its amendments and/or updates (hereinafter, “LOPD-GDD” or “LOPD”).
Royal Decree 1720/2007 of December 21, approving the Regulation implementing Organic Law 15/1999 of December 13, on the Protection of Personal Data, and its amendments and/or updates (hereinafter, “RDLOPD”).
Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, and its amendments and/or updates (hereinafter, “LSSI-CE”).
2. IDENTIFICATION OF THE PERSONAL DATA CONTROLLER
The controller of personal data collected by BVERTIKAL is (the “Controller”):
Identity of the Controller: Alberto Amengual Barceló ID / NIF: 43157389M Address: C/ Guillem Forteza, 1, 1C, 07010, Palma de Mallorca (Balearic Islands) Email: info.mallorca@bvertikal.com Contact phone: 616279216 Activity: Coordination, planning and design of experiences, trips and events. Travel consultancy and advisory services.
3. REGISTRATION OF PERSONAL DATA
In compliance with the GDPR and LOPD, we inform you that personal data collected by BVERTIKAL through forms on the Website’s various pages will be incorporated and processed in our files in order to facilitate, streamline and fulfill the commitments established between BVERTIKAL and the User, or to maintain the relationship established in the forms completed, or to address a request or query from the User.
Furthermore, in accordance with the GDPR and LOPD-GDD, unless the exception provided 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 other circumstances established in the GDPR.
Specifically, the personal data processed by BVERTIKAL comes from:
Contact form. To interact with the User and resolve all questions, doubts or service contracting on the Website, the User must first complete a Contact Form. Through this form, we will request the following personal data: a) First name; b) Last name; c) Email address; and d) Phone number.
BVERTIKAL may also use Users’ personal data to:
Ensure compliance with the Legal Notice and applicable law. This may include developing tools and algorithms that help the Website ensure the confidentiality of the personal data it collects.
Support and improve the services and experience offered by this Website.
Collect other non-identifying data obtained through certain Cookies downloaded to the User’s computer when browsing this Website, as detailed in the Cookies Policy.
Manage social networks where BVERTIKAL has a presence, in order to properly administer the social network presence, informing about BVERTIKAL activities, products or services, as well as for any other purpose permitted by social network regulations.
Finally, BVERTIKAL does not sell, rent or transfer personal data that could identify the User, nor will it do so in the future, to third parties without prior consent. However, in some cases collaborations with other professionals may occur, and in those cases, express written consent will be required from Users, informing them of the collaborator’s identity and the purpose of the collaboration, always carried out with the strictest security standards.
4. ACCURACY AND TRUTHFULNESS OF PROVIDED DATA
Users guarantee and are responsible, in all cases, for the accuracy, currency and authenticity of personal data provided to BVERTIKAL, and commit to keeping it duly updated. The User agrees to provide complete and correct information to BVERTIKAL.
5. ACCEPTANCE OF DATA PROCESSING
In accordance with the GDPR and LOPD, the use of User information by the Website requires User consent, and this authorization must be based on an authentic choice, offered through an affirmative and positive decision by the User.
In this regard, BVERTIKAL has placed a Privacy Policy acceptance checkbox at all data collection points on the Website’s various pages, and only upon accepting this section will the User be considered to have authorized the collection and processing of their information in accordance with this Privacy Policy and the Legal Notice.
6. PRINCIPLES APPLICABLE TO PERSONAL DATA PROCESSING
The processing of User personal data will be subject to the following principles set out in Article 5 of the GDPR and Articles 4 et seq. of the LOPD:
Principle of lawfulness, fairness and transparency. User consent will always be required for the processing of their personal data for one or more specific purposes, of which BVERTIKAL will inform the User in advance with complete transparency.
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 what is necessary in relation to the purposes for which it is required, and in all cases, the minimum possible.
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 identification of the User for the time necessary for the purposes of its processing.
Principle of integrity and confidentiality. Personal data will be processed in a manner that ensures its security and confidentiality.
Principle of accountability. The personal data controller will be responsible for ensuring that the above principles are complied with.
7. CATEGORIES OF PERSONAL DATA
The categories of data processed by BVERTIKAL are solely identifying data. In no case are special categories of personal data processed within the meaning of Article 9 of the GDPR.
8. LEGAL BASIS FOR PERSONAL DATA PROCESSING
The legal basis for personal data processing is consent. BVERTIKAL commits to obtaining express and verifiable consent from the User for the processing of their personal data for one or more specific purposes.
The User will have the right to withdraw consent at any time. Withdrawing consent will be as easy as giving it. As a general rule, withdrawal of consent will not affect 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 Website’s content, the User will be informed if completion of any of them is mandatory because they are essential for the correct execution of the operation performed.
9. PERSONAL DATA RETENTION PERIOD
Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in all cases, until the User requests its deletion.
10. RECIPIENTS OF PERSONAL DATA
User personal data will be shared with the following recipients or categories of recipients:
WordPress: BVERTIKAL uses the WordPress blog supply and hosting platform, owned by the American company Automattic, Inc. https://automattic.com/en
If the data controller intends to transfer personal data to a third country or international organization, at the time personal data is obtained, the User will be informed about the third country or international organization to which the transfer is intended.
11. PERSONAL DATA OF MINORS
In compliance with the GDPR (Article 8) and LOPD (Article 7), only persons over fourteen (14) years of age may lawfully give their consent for the processing of their personal data by BVERTIKAL. If the person is under fourteen (14) years of age, parental or guardian consent will be required for processing, and this will only be considered lawful to the extent that they have authorized it.
12. SECRECY AND SECURITY OF PERSONAL DATA
BVERTIKAL commits to adopting the necessary technical and organizational measures, according to the appropriate level of security for the risk of the data collected, to ensure the security of personal data and 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, which ensures that personal data is transmitted securely and confidentially, as data transmission between the server and the User, and in feedback, is fully encrypted.
However, since BVERTIKAL cannot guarantee the impenetrability 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 personal data security breach occurs that is likely to result in a high risk to the rights and freedoms of natural persons. Following the GDPR (Article 4), a personal data security breach is understood as any security breach that causes accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or 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 the information is made accessible.
13. RIGHTS ARISING FROM PERSONAL DATA PROCESSING
The User has rights against BVERTIKAL and may therefore exercise the following rights recognized in the GDPR and LOPD against the data controller:
Right of Access. The User’s right to obtain confirmation of whether BVERTIKAL is processing their personal data and, if so, to obtain information about their specific personal data and the processing BVERTIKAL has carried out or is carrying out, as well as, among other things, available information about the origin of such data and the recipients of communications made or planned.
Right of Rectification. The User’s right to have their personal data modified if it proves to be inaccurate or, considering the purposes of the processing, incomplete.
Right of Erasure (right to be forgotten). The User’s right (unless current legislation establishes 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 consent for processing and there is no other legal basis; the User objects to processing and there is no other legitimate reason to continue; the personal data has been unlawfully processed; the personal data must be erased to comply with a legal obligation; or the personal data was obtained as a result of a direct offer of information society services to a child under fourteen (14) years of age. In addition to erasing the data, the data controller, taking into account available technology and the cost of its implementation, must take reasonable measures 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. 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 for legal claims; and when the User has objected to processing.
Right to object. The User’s right to prevent the processing of their personal data or the cessation of processing by BVERTIKAL.
Right to data portability. Where processing is carried out by automated means, the User will 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 controller. Where technically feasible, the data controller will transmit the data directly to that other controller.
Right not to be subject to a decision based solely on automated processing, including profiling. The User’s right not to be subject to an individual decision based solely on the automated processing of their personal data, including profiling, unless current legislation establishes otherwise.
The User may exercise their rights by written communication addressed to the data controller with the reference “GDPR-BVERTIKAL”, specifying:
Full name and copy of ID. In cases where representation is permitted, identification by the same means of the person representing the User will also be necessary.
Request with specific reasons for the request or information to be accessed.
Address for notifications.
Signature and date of the User or their representative.
Any document or file supporting the request.
This request and any attached documents may be sent to the following address and/or email:
Postal Address: C/ Guillem Forteza, 1, 1C, 07010, Palma de Mallorca (Balearic Islands) Email: info.mallorca@bvertikal.com
14. LINKS TO THIRD-PARTY WEBSITES
The Website may include hyperlinks or links that allow access to third-party web pages other than BVERTIKAL, which are therefore not operated by BVERTIKAL. The owners of such websites will have their own data protection policies, being themselves responsible in each case for their own files and privacy practices. For more information about links to third-party websites please see Section 6 “Link Policy” of the Legal Notice.
15. COMPLAINTS TO THE SUPERVISORY AUTHORITY
If the User considers that there is a problem or violation of current regulations in the way their personal data is being processed, they will have the right to effective judicial protection and to lodge a complaint with the supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged violation. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (www.aepd.es).
16. CHANGES TO THE PRIVACY POLICY
BVERTIKAL reserves the right to modify, at any time and without prior notice, this Privacy Policy. In such cases, BVERTIKAL will update the Privacy Policy on the Website and notify Users of the changes via email.