WEBSITE PRIVACY POLICY

I. PRIVACY POLICY AND DATA PROTECTION

Respecting the provisions of current legislation, Pereira Abogados (hereinafter, also the Website) undertakes to adopt the necessary technical and organizational measures, 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 complies with the following rules:

• The General Data Protection 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 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).
• Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the data controller

The data controller for the personal data collected on Pereira Abogados is José Manuel Martín Pereira, with NIF: 79012521T (hereinafter, Data Controller). The contact details are as follows:

Address: Calle La Unión 74, Fuengirola (Málaga)

Contact phone: 951 537 127

Contact email: pereira@pereiraabogados.es

Registry of Personal Data

In compliance with the GDPR and the LOPD-GDD, we inform you that the personal data collected by Pereira Abogados through the forms extended on its pages will be incorporated and processed in our file in order to facilitate, expedite, and fulfill the commitments established between Pereira Abogados and the User or the maintenance of the relationship established in the forms filled out by the latter, or to respond to a request or inquiry from the User. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided in article 30.5 of the GDPR applies, a record of processing activities specifying, according to its purposes, the processing activities carried out and other circumstances established in the GDPR, is maintained.

Principles applicable to the processing of personal data

The processing of User’s personal data shall be subject to the following principles set forth in article 5 of the GDPR and in 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: Consent of the User shall be required at all times after providing complete transparent information about the purposes for which the personal data are collected.
• Principle of purpose limitation: Personal data shall be collected for specific, explicit, and legitimate purposes.
• Principle of data minimization: The personal data collected shall be only the strictly necessary in relation to the purposes for which they are processed.
• Principle of accuracy: Personal data must be accurate and kept up to date.
• Principle of storage limitation: Personal data shall be kept in a way that permits identification of the User for no longer than necessary for the purposes of processing.
• Principle of integrity and confidentiality: Personal data shall be processed in a manner that ensures security and confidentiality.
• Principle of proactive responsibility: The Data Controller shall be responsible for ensuring that the above principles are met.

Categories of personal data

The categories of data processed in Pereira Abogados are solely identifying 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. Pereira Abogados 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 has the right to withdraw their consent at any time. Withdrawing consent will be as easy as giving it. As a general rule, withdrawing consent will not condition the use of the Website.

In cases where the User must or may provide their data through forms to make inquiries, request information, or for reasons related to the content of the Website, they will be informed if completing any of them is mandatory because they are essential for the proper development of the operation performed.

Purposes of the processing to which the personal data are intended

The personal data are collected and managed by Pereira Abogados with the aim of facilitating, expediting, and fulfilling the commitments established between the Website and the User or the maintenance of the relationship established in the forms filled out by the latter, or to respond to a request or inquiry.

Similarly, the data may be used for commercial purposes of personalization, operation, and statistics, and activities inherent to the corporate purpose of Pereira Abogados, as well as for data extraction, storage, and marketing studies to tailor the Content offered to the User and improve the quality, operation, and navigation of the Website.

At the time the personal data are obtained, the User will be informed about the specific purpose(s) of the processing to which the personal data will be intended; that is, the use(s) that will be given to the collected information.

Retention periods for personal data

Personal data will only be retained for the minimum period necessary for the purposes of their processing and, in any case, only for the following period: 18 months, or until the User requests their deletion.

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

Recipients of personal data

If the User’s personal data will be shared with the following recipients or categories of recipients:

If the Data Controller intends to transfer personal data to a third country or international organization, at the time the personal data are obtained, the

User will be informed about the third country or international organization to which the data are intended to be transferred, as well as the existence or absence of a Commission adequacy decision.

Personal data of minors

Respecting 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 guarantee of digital rights, only those over 14 years of age may give their consent for the processing of their personal data lawfully by Pereira Abogados. If it is a minor under 14 years of age, the consent of the parents or guardians will be necessary for the processing, and it will only be considered lawful to the extent that they have authorized it.

Confidentiality and security of personal data

Pereira Abogados undertakes to adopt the necessary technical and organizational measures, according to the appropriate level of security for the risk of the data collected, in order to guarantee the security of personal data and prevent their destruction, loss, alteration, or unauthorized access, transmission, or processing in any other way.

However, since Pereira Abogados 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 breach of the security of personal data occurs that is likely to entail a high risk to the rights and freedoms of natural persons. In accordance with article 4 of the GDPR, a breach of the security of personal data means any breach of security that results in the destruction, loss, alteration, or unauthorized access to personal data transmitted, stored, or otherwise processed, or the communication or access to such data.

The personal data will be treated as confidential by the Data Controller, who undertakes to inform and guarantee through a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information available.

Rights derived from the processing of personal data

The User has and may therefore exercise against the Data Controller 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: It is the User’s right to obtain confirmation of whether Pereira Abogados is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Pereira Abogados has carried out or is carrying out, as well as, among others, information available about the origin of such data and the recipients of the communications made or planned.
• Right to rectification: It is the User’s right to have their personal data modified when 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 current legislation does not establish otherwise, to obtain the erasure of their personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent to the processing and this does not have another legal basis; the User objects to the processing and there is no other legitimate reason to continue processing; the personal data have been processed unlawfully; the personal data must be erased to comply 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 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its implementation, must take reasonable measures to inform the controllers processing the personal data of the data subject’s request for deletion of 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 the 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 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 has 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 controller. Where technically feasible, the Data Controller will directly transmit the data to that other controller.
• Right to object: It is the User’s right not to have their personal data processed or to cease processing by Pereira Abogados.
• 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 individualized decision based solely on automated processing of their personal data, including profiling, unless current legislation provides otherwise.

Thus, the User may exercise their rights by means of a written communication addressed to the Data Controller with the reference “GDPR-https://pereiraabogados.es/”, specifying:

• Name, surname of the User and copy of the ID. In cases where representation is admitted, the identification of the same means by the same means of the person representing the User will also be necessary, as well as the accrediting document of the representation. The photocopy of the DNI may be replaced by any other valid means in law that proves the identity.
• Request with specific reasons for the request or information to which access

  is sought.

• Domicile for notification purposes.
• Date and signature of the applicant.
• All document supporting the petition made.

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

• Postal address: Calle La Unión 74, Fuengirola (Málaga)
• Email: pereira@pereiraabogados.es

Links to third party websites

The Website may include hyperlinks or links that allow access to third-party websites other than Pereira Abogados, and which are therefore not operated by Pereira Abogados. 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

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

II. ACCEPTANCE AND CHANGES IN THIS PRIVACY POLICY

The User must have read and agree with the conditions on 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 with it in the form, during the terms, and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.

Pereira Abogados reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential, or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. Users are recommended to consult this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of individuals 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 guarantee of digital rights.

This website Privacy Policy document was created through the free online template policy generator on 22/03/2024.