UBEMAR  SOLUTION

I. Privacy and Data Protection Policy

Respecting the provisions of current legislation, Ubemar Solution (hereinafter, also the Website) undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated into this privacy policy: This privacy policy is adapted to Spanish and European regulations on 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 April 27, 2016, regarding the protection of individuals concerning the processing of personal data and the free movement of these 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, which approves 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 Services of the Information Society and Electronic Commerce (LSSI-CE).

Identity of the controller of personal data processing

The controller of the personal data collected at Ubemar Solution is: Ubemar Solution S.L., with NIF/CIF: B56827090 whose representative is: Antonio Jesús Lopez Garcia (hereinafter, Data Controller). The contact details are as follows:

  • Address: Calle Equitación Nº3 Urb. Grand National, House 85J (Mijas Costa) Málaga
  • Contact phone: 620 07 57 56
  • Contact email: info@ubemarsolution.es

Registry of Personal Data

In compliance with the GDPR and the LOPD-GDD, we inform you that the personal data collected by Ubemar Solution, 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 Ubemar Solution and the User or the maintenance of the relationship established in the forms that the latter fills out, or to attend to a request or query. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided in article 30.5 of the GDPR is applicable, a record of processing activities is maintained that specifies, 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 will be subject to the following principles set out in article 5 of the GDPR and in article 4 and following of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:

  • Principle of legality, loyalty, and transparency: the consent of the User will be required at all times, after providing complete information about the purposes for which the personal data is collected.
  • Purpose limitation principle: personal data will be collected for specific, explicit, and legitimate purposes.
  • Principle of data minimization: the personal data collected will be only the strictly necessary for the purposes for which they are processed.
  • Principle of accuracy: personal data must be accurate and always kept up to date.
  • Principle of limited storage period: personal data will only be kept in a way that allows the identification of the User for the time necessary for the purposes of their processing.
  • Principle of integrity and confidentiality: personal data will be processed in a way that guarantees security and confidentiality.
  • Principle of proactive responsibility: 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 Ubemar Solution are only identifying data. In no case 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. Ubemar Solution 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. Withdrawing consent will be as easy as giving it. As a general rule, the withdrawal of consent will not condition the use of the Website.

On occasions when the User must or can provide their data through forms to make inquiries, request information, or for reasons related to the content of the Website, they will be informed in case the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.

Purposes of the processing to which the personal data are destined

Personal data is collected and managed by Ubemar Solution in order to facilitate, expedite, and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills out or to attend to a request or query.

Likewise, the data may be used for a commercial purpose of personalization, operational and statistical, and activities inherent to the corporate purpose of Ubemar Solution, 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, functioning, and navigation of the Website.

At the time the personal data is obtained, the User will be informed about the specific purposes of the processing to which the personal data will be destined; that is, the use or uses that will be given to the information collected.

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: 18 months or until the User requests their deletion.

At the time 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 personal data of the User will not be shared with third parties.

In any case, at the time the personal data is obtained, the User will be informed about the recipients or categories of recipients of the personal data.

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 lawful processing of their personal data by Ubemar Solution. If it is a minor under 14 years of age, the consent of the parents or guardians will be necessary for the processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Ubemar Solution 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 guarantee the security of personal data and avoid its destruction, loss, or alteration, whether accidental or unlawful, or unauthorized communication or access to such data.

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

However, since Ubemar Solution 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 violation of the security of personal data occurs that is likely to entail a high risk to the rights and freedoms of individuals. According to article 4 of the GDPR, a security breach of personal data is understood to be any breach of security that causes the destruction, loss, or alteration, accidental or unlawful, of personal data transmitted, stored, or otherwise processed, or the unauthorized communication or access to such data.

The personal data will be treated as confidential by the Data Controller, who undertakes to inform and guarantee by means of a legal or contractual obligation that this confidentiality is respected by their employees, associates, and any person to whom they make the information accessible.

Rights derived from the processing of personal data

The User has over Ubemar Solution and may, therefore, exercise the following rights against the Data Controller 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 Ubemar Solution is processing their personal data and, if so, obtain information about their specific personal data and the processing that Ubemar Solution has carried out or carries out, as well as, among other things, the information available on the origin of such data and the recipients of the communications made or planned for them.
  • Right of rectification: It is the User’s right to have their personal data modified if it is inaccurate or, taking into account the purposes of the processing, incomplete.
  • Right to erasure (‘right to be forgotten’): It is the User’s right, whenever current legislation does not establish 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 their consent to the processing, and it does not have another legal basis; the User opposes the processing and there is no other legitimate reason to continue it; the personal data has been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the 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, taking into account the 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 for deletion of any link to that personal data.
  • Right to limit processing: It is the User’s right to limit the processing of their personal data. The User has the right to obtain the limitation of the processing when challenging 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 file claims; and when the User has opposed the processing.
  • Right to data portability: If the processing is carried out by automated means, the User will have the right to receive from the Data Controller their personal data in a structured, commonly used, and machine-readable format, and to transmit it to another data controller. Whenever technically possible, the Data Controller will 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 to cease its processing by Ubemar Solution.
  • 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, except as provided by current legislation.

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

  • Name, surnames of the User, and copy of the ID. In cases where representation is admitted, the identification by the same means of the person representing the User will also be necessary, as well as the document accrediting the representation. The photocopy of the ID may be substituted by any other valid means in law that proves identity.
  • Request with the specific reasons for the application or information to which access is requested.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document accrediting the application made.

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

  • Postal address: Calle Equitación Nº3 Urb. Grand National, House 85J (Mijas Costa) Málaga
  • Email: info@ubemarsolution.es

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites other than Ubemar Solution, and therefore, are not operated by Ubemar Solution. The owners of these 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 their personal data is 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 where 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

It is necessary for the User to have read and agree with the conditions on the protection of personal data contained in this Privacy Policy, as well as to accept the processing of their personal data so that the Data Controller can proceed with it in the manner, for the periods, and for the purposes indicated. The use of the Website will imply the acceptance of its Privacy Policy.

Ubemar Solution 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. It is recommended that the User 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, regarding the protection of individuals concerning the processing of personal data and the free movement of these data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.