PRIVACY POLICY

PRIVACY POLICY OF THE WEBSITE

I. PRIVACY AND DATA PROTECTION POLICY

In compliance with the provisions of current legislation, DIVATEAMFISHING.COM (hereinafter, also the Website) undertakes to adopt the necessary technical and organizational measures, in accordance with the level of security appropriate to the risk of the data collected.

Laws incorporated in this privacy policy

This privacy policy is adapted to the Spanish and European regulations in force regarding 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 December 5, on the Protection of Personal Data and the Guarantee of Digital Rights (LOPD-GDD).
• Royal Decree 1720/2007, of 21 December, approving the Implementing Regulations of 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 data controller for the personal data collected on DIVATEAMFISHING.COM is: Robert Blaya Sierra, with NIF: 41601988W (hereinafter, the Data Controller). His contact details are as follows:

Address: Avinguda President Macià 119 1a

Contact phone: 683506563

Town: 17230 – Palamós (Girona)

Contact email: info@divateamfishing.com

Register of personal data

In compliance with the GDPR and the LOPD-GDD, we inform you that the personal data collected by DIVATEAMFISHING.COM through the forms on its pages will be included and processed in our file in order to facilitate, speed up and fulfil the commitments established between DIVATEAMFISHING.COM and the User, or to maintain the relationship established in the forms the User fills in, or to respond to a request or query from the User. Likewise, in accordance with 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 kept 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 Articles 4 and following 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, after providing 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.
• Data minimization principle: 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 up to date.
• Principle of storage limitation: personal data will only be kept in a form that allows the User to be identified for as long as necessary for the purposes of their processing.
• Principle of integrity and confidentiality: Personal data will be processed in a way that ensures their security and confidentiality.
• Principle of accountability: the Data Controller will be responsible for ensuring compliance with the above principles.

Categories of personal data

The categories of data processed on DIVATEAMFISHING.COM are solely identifying data. In no case are special categories of personal data processed in the sense 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. DIVATEAMFISHING.COM undertakes to obtain the express and verifiable consent of the User 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 it is to give it. As a general rule, the withdrawal of consent will not affect the use of the Website.

Whenever 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 completing any of these forms is mandatory because the data are essential for the proper performance of the operation.

Purposes for which the personal data are processed

Personal data is collected and managed by DIVATEAMFISHING.COM in order to facilitate, expedite and fulfill the commitments established between the Website and the User or to maintain the relationship established in the forms that the latter fills out or to respond to a request or query.

Likewise, the data may be used for commercial personalisation, operational and statistical purposes, and for activities within the business purpose of DIVATEAMFISHING.COM, 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 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 to which the collected information will be put.

Periods of retention of personal data

Personal data will only be retained for the minimum period necessary for the purposes of its processing and, in any case, only for the following period: 3 years, or until the User requests its deletion.

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

Recipients of personal data

The User's personal data will be shared with the following recipients or categories of recipients:

Robert Blaya Sierra Avinguda President Macià 119 1a, 17230 Palamós (Girona) Spain

In the event that the Data Controller intends to transfer personal data to a third country or an 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, as well as about the existence or absence of a decision on adequacy by the Commission.

Personal data of minors

In compliance with 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 the guarantee of digital rights, only those over 14 years of age may grant their consent for the processing of their personal data by DIVATEAMFISHING.COM. If the minor is under 14 years of age, parental or guardian consent will be required for the processing, and this consent will only be considered lawful to the extent that they have authorized it.

Confidentiality and security of personal data

DIVATEAMFISHING.COM undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of personal data and to prevent the accidental or unlawful destruction, loss, alteration or unauthorized disclosure of personal data transmitted, stored or otherwise processed, or the unauthorized communication or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data are transmitted securely and confidentially, as data transmission between the server and the User, and vice versa, is fully encrypted.

However, since DIVATEAMFISHING.COM 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 personal data security breach occurs that is likely to involve a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a personal data security breach is understood to be any breach of security that causes the destruction, loss, or accidental or unlawful 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 undertakes to inform of and ensure through a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.

Rights derived from the processing of personal data

With regard to DIVATEAMFISHING.COM, the User has, and may therefore exercise against the Data 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: It is the User’s right to obtain confirmation whether DIVATEAMFISHING.COM is processing their personal data or not, and, if so, to obtain information about their specific personal data and the processing that DIVATEAMFISHING.COM has carried out or is carrying out, as well as, among other things, the available information about the origin of such data and the recipients of the communications made or planned regarding them.
• Right of rectification: It is the User's right to have their personal data modified if they are inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure («the right to be forgotten»): It is the User’s right, provided that the current legislation does not state otherwise, to obtain the deletion of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and there is 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 deleted 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 minor under 14 years of age. In addition to deleting the data, the controller, taking into account available technology and the cost of its implementation, must take reasonable measures to inform the controllers who are processing the personal data of the data subject’s request to delete any link to that personal data.
• Right to restriction of processing: It is 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 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 shall have the right to receive their personal data from the Data Controller in a structured, commonly used and machine-readable format, and to transmit them to another Data Controller. Whenever technically possible, the Data Controller shall transmit the data directly to that other Data Controller.
• Right to object: It is the User's right not to have their personal data processed or for DIVATEAMFISHING.COM to stop processing them.
• Right not to be subject to a decision based solely on automated processing, including profiling: It is 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 provides otherwise.

Therefore, the User may exercise their rights through written communication addressed to the Data Controller with the reference «RGPD-divateamfishing.com», specifying:

• The User's name and surname and a copy of their national ID card (DNI). Where representation is allowed, the identification of the person representing the User by the same means will also be required, as well as the document proving the representation. The copy of the DNI may be replaced by any other legally valid means of proving identity.
• Request with the specific reasons for the request or the information that you wish to access.
• Address for the purposes of notifications.
• Date and signature of the applicant.
• Any document that proves the request made by the applicant.

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

Postal address: Avinguda President Macià 119 1a

Email: info@divateamfishing.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to websites of third parties other than DIVATEAMFISHING.COM, and therefore not operated by DIVATEAMFISHING.COM. The owners of such websites will have their own data protection policies, and they themselves will be responsible in each case 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 violation of the current regulations in the way in which their personal data is being processed, they shall 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 violation. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.aepd.es/).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

The User must have read and agree to the conditions regarding the protection of personal data contained in this Privacy Policy, as well as accept the processing of their personal data so that the Data Controller can proceed accordingly in the manner, within the deadlines and for the stated purposes. Use of the Website will imply acceptance of the Privacy Policy thereof.

DIVATEAMFISHING.COM reserves the right to modify its Privacy Policy, in accordance with its own discretion, or motivated by a legislative, jurisprudential or doctrinal change by 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 stay informed of the latest changes or updates.

This Privacy Policy has been 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 Organic Law 3/2018 of December 5 on the Protection of Personal Data and the guarantee of digital rights.