Privacy Policy

PRIVACY POLICY AND DATA PROTECTION

In compliance with current legislation, Esparent (hereinafter, also Website) is committed to adopting the technical and organizational measures necessary, according to the appropriate level of security for the risk of the data collected.

Laws incorporated into this privacy policy

This privacy policy is adapted to current Spanish and European regulations regarding the protection of personal data on the internet. Specifically, it respects the following regulations:

• Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).
• Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons concerning 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 Regulation for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
• An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Identity of the controller of personal data

The controller of the personal data collected at Esparent is: ESPARENT SL, with NIF/CIF: B35291418 and registered in: Mercantile and Movable Property Registry of Las Palmas de Gran Canaria.

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 Esparent through the forms available on its pages will be incorporated and processed in our file to facilitate, expedite, and fulfill the commitments established between Esparent and the User or the maintenance of the relationship established in the forms they fill out, or to address a request or inquiry. 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 maintained, detailing, according to their purposes, the processing activities carried out and 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 Articles 4 and following 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 completely transparent information on the purposes for which personal data are collected.
• Principle of purpose limitation: Personal data will be collected for specified, explicit, and legitimate purposes.
• Principle of data minimization: Only personal data strictly necessary for the purposes for which they are processed will be collected.
• 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 way that identifies the User no longer than necessary for the purposes for which they are processed.
• Principle of integrity and confidentiality: Personal data will be processed in such a way as to ensure their security and confidentiality.
• Principle of proactive accountability: The Data Controller will be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed at Esparent are solely identifying data. In no case, special categories of personal data are 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 the consent. Esparent 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 their consent at any time. Withdrawal of consent will be as easy as providing it. As a general rule, the withdrawal of consent will not condition the use of the Website.

Whenever the User is required to provide their data via 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 obligatory because they are essential for the proper execution of the operation.

Purposes of the processing of personal data

Personal data are collected and managed by Esparent to facilitate, expedite, and fulfill the commitments established between the Website and the User, or maintain the relationship established in the forms they fill out or to address a request or inquiry.

Likewise, the data may be used for commercial purposes of personalization, operational and statistical purposes, as well as activities inherent to Esparent’s corporate purpose, such as data extraction, storage, and marketing studies to tailor the offered Content to the User, and to improve the quality, operation, and navigation of the Website.

When personal data is obtained, the User will be informed about the specific purpose(s) of the processing to which the personal data will be used; that is, how the collected information will be used.

Periods of retention of 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: 2 years, or until the User requests their deletion.

When personal data is obtained, the User will be informed about the period during which the personal data will be retained or, when 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:

Ministry of the Interior

If the Data Controller intends to transfer personal data to a third country or international organization, when personal data is obtained, the User will be informed about the third country or international organization to which it is intended to transfer the data, and of the existence or absence of an adequacy decision by the Commission.

Personal data of minors

In accordance with 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 of age may lawfully give their consent for the processing of their personal data by Esparent. For minors under 14 years of age, parental or guardian consent will be necessary for processing, which will only be considered lawful to the extent authorized by them.

Confidentiality and security of personal data

Esparent is committed to adopting the necessary technical and organizational measures, according to the appropriate level of security for the risk of the collected data, ensuring the security of personal data and avoiding their accidental or unlawful destruction, loss, alteration, unauthorized communication, or access.

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 Esparent cannot guarantee the absolute impregnability of the internet nor the total absence of hackers or others who access personal data fraudulently, the Data Controller commits to notify 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. According to Article 4 of the GDPR, a personal data security breach is any security breach that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.

Personal data will be treated confidentially by the Data Controller, who commits to informing and ensuring by 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

The User has, over Esparent, 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: The right of the User to obtain confirmation of whether Esparent is processing their personal data or not, and if so, to obtain information about their specific personal data and the treatment that Esparent has performed or performs, as well as, among other things, the information available about the origin of said data and the recipients of the communications made or intended for them.
• Right of rectification: The User’s right to have their personal data modified if found to be inaccurate or, considering the purposes of the processing, incomplete.
• Right of erasure (“the right to be forgotten”): The User’s right, unless provided otherwise by current legislation, 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 consent to processing and it lacks any other legal basis; the User opposes the processing and there are no other legitimate grounds for continuing with it; personal data has been unlawfully processed; personal data must be deleted to comply with a legal obligation; or 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, considering the available technology and cost of application, must take reasonable steps to inform processors processing personal data of the data subject’s request to erase any links to those personal data.
• Right to restriction of processing: The User’s right to limit the processing of their personal data. The User has the right to obtain the restriction of processing when challenging the accuracy of their personal data; 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 processing.
• Right to data portability: If processing is carried out by automated means, the User has 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. If technically possible, the Data Controller will transmit the data directly to that other controller.
• Right to object: The User’s right not to have their personal data processed or to have the processing of such data stopped by Esparent.
• 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 individualized decision based solely on automated processing of their personal data, including profiling, unless otherwise provided by current legislation.

Therefore, the User can exercise their rights by written communication addressed to the Data Controller with the reference “GDPR-esparent.es”, specifying:

• Name, surname of the User, and a copy of their ID. In cases where representation is permitted, the same means of identification of the representative, as well as the document proving representation, are also necessary. The photocopy of the ID may be replaced by any other legally valid means that proves identity.
• Request with specific reasons for the request or information to which access is sought.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document that proves the request being made.

This request and any attached documents can be sent to the following address and/or email:

Postal address: Avda. de Gran Canaria, nº 20, Galeria Comercial Hotel Waikiki, 35100 Maspalomas

Email: info@esparent.es

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites beyond Esparent’s control, and therefore not operated by Esparent. The owners of those websites will have their own data protection policies, being responsible for their own files and privacy practices.

Complaints to the supervisory authority

If the User considers that there is a problem or violation of the current regulations in the way their personal data are being processed, they have the right to effective judicial protection and to file a complaint with a supervisory authority, particularly in the State where they have their habitual residence, place of work, or place of the alleged violation. In Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.aepd.es/).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary for the User to have read and be in agreement with the conditions regarding 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 as indicated, during the indicated periods, and for the stated purposes. The use of the Website will imply acceptance of this Privacy Policy.

Esparent reserves the right to modify its Privacy Policy, according to its own criteria, 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. It is recommended that the User consult this page periodically to be aware of any changes or updates.

This Privacy Policy was updated to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons concerning 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.