I. PRIVACY AND DATA PROTECTION POLICY
Respecting the provisions of current legislation, SideWalks (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 April 27 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, 2018, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
- Royal Decree 1720/2007, of December 21, 2007, approving the Regulations for the development of Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data (RDLOPD).
- Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE).
Identity of the person responsible for the processing of personal data
The person responsible for the processing of personal data collected in SideWalks.nl is: SideWalks, provided with Kvk:73613134 and registered in Amsterdam with the following registration data: NL002467433B65. Its contact details are as follows:
Address: Leidsekruisstraat, 18 1017RH Amsterdam Contact telephone: +31682275155
Contact email: email@example.com
Personal Data Registry
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by SideWalks through the forms on their pages will be incorporated and will be treated in our file in order to facilitate, expedite and fulfill the commitments established between SideWalks and the User or the maintenance of the relationship established in the forms that this fill, or to meet a request or query from the same. Also, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided in Article 30.5 of the RGPD applies, a record of processing activities that specify, according to their purposes, the processing activities carried out and other circumstances established in the RGPD is maintained.
Principles applicable to the processing of personal data
The processing of the User’s personal data shall be subject to the following principles contained in Article 5 of the RGPD and in Article 4 and following the 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 consent of the User will be required at all times after fully transparent information of 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: 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 limitation of the storage period: personal data will only be kept in such a way as to allow the identification of the User for the time necessary for the purposes of their processing.
- Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
- Principle of proactive responsibility: the controller shall be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed by SideWalks are solely 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. SideWalks undertakes to obtain the express and verifiable consent of the User for the processing of his personal data for one or more specific purposes.
The User shall have the right to withdraw consent at any time. It shall be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent shall not condition the use of the Website.
In the occasions in which the User must or may provide his/her data through forms to make inquiries, request information or for reasons related to the content of the Website, he/she will be informed in case the completion of any of them is mandatory because they are essential for the proper development of the operation performed.
Purposes of the processing for which the personal data is used
Personal data are collected and managed by SideWalks 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 or to respond to a request or inquiry.
Likewise, the data may be used for a commercial purpose of personalization, operational and statistical, and activities of the corporate purpose of SideWalks, 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 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.
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 while the business relationship is maintained or during the years necessary to comply with legal obligations or until the User requests their deletion.
At the time the personal data is obtained, the User will be informed about the period for which the personal data will be kept or when 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: SideWalks.
In the event that the controller intends to transfer personal data to a third country or international organization, at the time the personal data is obtained, the User will be informed about the third country or international organization to which the data is intended to be transferred, as well as the existence or absence of an adequacy decision of the Commission.
Personal data of minors
Respecting the provisions of Articles 8 of the RGPD and 7 of the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may give their consent to the processing of their personal data in a lawful manner by SideWalks. In the case of a minor under 14 years of age, the consent of the parents or guardians shall be required for the processing, and this shall only be considered lawful to the extent that they have authorized it.
Secrecy and security of personal data
SideWalks 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 prevent accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.
The Web Site has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in return, is fully encrypted or encrypted.
However, because SideWalks 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 there is a breach of security of personal data that is likely to involve a high risk to the rights and freedoms of natural persons. Following the provisions of 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 communication of or access to such data.
Personal data will be treated as confidential by the Data 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 person to whom it makes the information accessible.
Rights deriving from the processing of personal data
The User has over SideWalks and may, therefore, exercise against the Data Controller the following rights recognized in the RGPD and the 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 or not SideWalks is processing their personal data and if so, to obtain information about their specific personal data and the processing that SideWalks has performed or performs, as well as, among others, the information available on the origin of such data and the recipients of the communications made or planned for them.
- Right of rectification: This is the User’s right to have his or her personal data that prove to be inaccurate or, taking into account the purposes of the processing, incomplete or modified.
- Right of deletion (“the right to be forgotten”): This is the User’s right unless otherwise provided for by the legislation in force, to obtain the erasure of his or her personal data when such data are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other lawful 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 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 the technology available and the cost of its implementation, shall take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for the deletion of any link to such personal data.
- Right to limitation of processing: This is the User’s right to limit the processing of his/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: In case the processing is carried out by automated means, the User shall have the right to receive from the Data Controller his/her personal data in a structured, commonly used, and machine-readable format and to transmit it to another Data Controller. Whenever technically possible, the controller shall transmit the data directly to such other controller.
- Right of opposition: This is the User’s right not to have his or her personal data processed or to cease the processing of such data by SideWalks.
- Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualized decision based solely on automated processing of his or her personal data, including profiling unless otherwise provided for by applicable law.
Thus, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference “RGPD-SYM-URL”, specifying:
- Name, surname of the User, and copy of the ID card. In cases where representation is admitted, it will also be necessary the identification by the same means the person representing the User, as well as the document proving the representation. The photocopy of the DNI may be substituted by any other means valid in law that proves the identity.
- Request with the specific reasons for the request or information to be accessed.
- Address for notification purposes.
- Date and signature of the applicant.
- Any document that accredits the request you are making.
This application and any attachments may be sent to the following address and/or email address: Postal address: Leidsekruisstraat, 18 1017RH Amsterdam
Links to third-party websites
The Website may include hyperlinks or links that allow access to third-party websites other than SideWalks, and therefore are not operated by SideWalks. 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/her personal data is being processed, he/she shall have the right to effective judicial protection and to file a complaint before a supervisory authority, in particular, in the State in which he/she has his/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 (http://www.agpd.es).