DATA PROTECTION ACT
I. PRIVACY AND DATA PROTECTION POLICY
Respecting the provisions of current legislation, Insurance Spain (hereinafter also Website) undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.
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 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
Royal Decree 1720/2007, of 21 December, approving the Regulation implementing 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 party responsible for the processing of personal data
The person responsible for the processing of personal data collected in Insurance Spain is: Gustavo Ignacio Pereyra, with NIF: X6966741H (hereinafter, Data Controller). His contact details are as follows:
Address: Urb. Magna Marbella, Edif. Romero Torres, Loc 92 D, 29660, Nueva Andalucía, Málaga.
Contact telephone number: 622888384
Contact email: [email protected]
Registration of Personal Data
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Insurance Spain, through the forms provided on its pages will be incorporated and will be treated in our file in order to facilitate, expedite and fulfill the commitments established between Insurance Spain and the User or the maintenance of the relationship established in the forms that this fill, or to respond to a request or query from the same. Also, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in Article 30.5 of the RGPD applies, a record of processing activities is maintained which specifies, according to their purposes, the processing activities carried out and other circumstances established in the RGPD.
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 Article 4 et seq. 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 consent of the User shall be required at all times following fully transparent information on the purposes for which the personal data is collected.
Purpose limitation principle: personal data will be collected for specified, explicit and legitimate purposes.
Principle of data minimisation: personal data collected will be only that which is strictly necessary in relation to the purposes for which they are processed.
Accuracy principle: personal data must be accurate and always up to date.
Principle of limitation of the storage period: personal data shall only be kept in a form that allows the identification of the User for the time necessary for the purposes for which they are processed.
Principle of integrity and confidentiality: personal data shall be processed in such a way as to ensure their security and confidentiality.
Principle of proactive accountability: the Controller shall be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed by Insurance Spain are only 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. Insurance Spain undertakes to obtain the express and verifiable consent of the User to the processing of his personal data for one or more specific purposes.
The User will have the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, withdrawal of consent shall not condition the use of the Website.
On those occasions when 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 in the event that the completion of any of them is compulsory due to the fact that they are essential for the correct development of the operation carried out.
Purposes of the processing for which the personal data is used
Personal data are collected and managed by Insurance Spain in order to facilitate, expedite and fulfil the commitments established between the Website and the User or the maintenance of the relationship established in the forms filled in by the latter or to respond to a request or query.
Likewise, the data may be used for a commercial purpose of personalization, operational and statistical, and activities of the corporate purpose of Insurance Spain, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.
At the time the personal data is obtained, the User will be informed of the specific purpose or purposes of the processing for which the personal data will be used, i.e. the use or uses to which the information collected will be put.
Retention periods 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: 24 months, or until the User requests their deletion.
At the time the personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this 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:
SANITAS SOCIEDAD ANONIMA DE SEGUROS, with registered office at C/ Ribera del Loira, 52, 28042, Madrid
In case the Controller intends to transfer personal data to a third country or 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 an adequacy decision of 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 5 December on the Protection of Personal Data and the guarantee of digital rights, only persons over 14 years of age may give their consent to the lawful processing of their personal data by Insurance Spain. In the case of a minor under 14 years of age, the consent of the parents or guardians is required for the processing, and the processing will only be considered lawful to the extent that they have authorized it.
Secrecy and security of personal data
Insurance Spain undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.
However, because Insurance Spain cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Controller undertakes to notify the User without undue delay when there is a breach of security of personal data that is likely to pose a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized disclosure of or access to such data.
Personal data shall be treated as confidential by the Controller, who undertakes to inform and to ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any other person to whom it makes the information accessible.
Rights arising from the processing of personal data
The User has over Insurance Spain and may, therefore, exercise against the Controller the following rights recognised in the RGPD and the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights:
Right of access: this is the User’s right to obtain confirmation as to whether or not Insurance Spain is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Insurance Spain has carried out or is carrying out, as well as, among others, the information available on the origin of such data and the recipients of the communications made or planned for such data.
Right of rectification: This is the User’s right to have his/her personal data amended if it proves to be inaccurate or, taking into account the purposes of the processing, incomplete.
Right of erasure (“the right to be forgotten”): This is the User’s right, unless otherwise provided for by law, to obtain the erasure of his or her personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue the processing; 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 information society services to a child under the age of 14. In addition to erasure, the Controller shall, taking into account the technology available and the cost of its implementation, take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for erasure of any link to those personal data.
Right to restriction of processing: This is the User’s right to restrict the processing of his or her personal data. The User has the right to obtain the limitation of processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; the 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 processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format and to transmit it to another controller. Where technically feasible, the Controller shall transmit the data directly to that other controller.
Right to object: This is the right of the User not to have his or her personal data processed or to cease the processing of such data by Insurance Spain.
Right not to be subject to a decision based solely on automated processing, including profiling: This is the right of the User not to be subject to an individualised decision based solely on the automated processing of his personal data, including profiling, existing unless otherwise provided by law.
Therefore, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference “RGPD-insurance-spain.com”, specifying:
Name, surname(s) of the User and a copy of the User’s ID card. In cases where representation is permitted, it will also be necessary to identify by the same means the person representing the User, as well as the document accrediting the representation. The photocopy of the DNI may be substituted by any other legally valid means that accredits 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 that accredits the request being made.
This application and any other attached documents may be sent to the following address and/or e-mail address:
Postal address: Urb. Magna Marbella, Edif. Romero Torres, Loc 92 D, 29660, Nueva Andalucía, Málaga.
E-mail: [email protected]
Links to third party websites
The Website may include hyperlinks or links that allow access to third party websites other than Insurance Spain, and which are therefore not operated by Insurance Spain. The owners of such 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 infringement of the regulations in force in the way in which his or her personal data is being processed, he or she shall have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular, in the State in which he or she has his or her 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 (https://www.aepd.es/).