Privacy policy
- PRIVACY AND DATA PROTECTION POLICY
In compliance with the legislation in force, Gómez Barroso Abogados (hereinafter, also the Website) undertakes to adopt the necessary technical and organisational measures, appropriate to the level of security corresponding to the risk of the data collected.
Laws incorporated into this privacy policy
This privacy policy has been adapted to the Spanish and European regulations in force on the protection of personal data on the internet. Specifically, it complies with the following regulations:
- 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 the guarantee of digital rights (LOPD-GDD).
- Royal Decree 1720/2007, of 21 December, approving the Regulations 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 data controller The controller responsible for the personal data collected on Gómez Barroso Abogados is: Francisco Gómez Barroso, with Tax ID (NIF): B54584560 (hereinafter, the Data Controller). Their contact details are as follows:
Address: Elche, Spain
Contact email: fgomezbarroso@icae.es
Record of Personal Data In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Gómez Barroso Abogados through the forms available on its pages will be incorporated into and processed in our file in order to facilitate, expedite and fulfil the commitments established between Gómez Barroso Abogados and the User, or to maintain the relationship established through the forms completed by the User, or to deal with a request or enquiry from the User. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception set out in Article 30.5 of the GDPR applies, a record of processing activities is maintained, specifying, 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 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 User's consent will always be required, following completely transparent information on the purposes for which the personal data is collected.
- Principle of purpose limitation: personal data will be collected for specified, explicit and legitimate purposes.
- Principle of data minimisation: the personal data collected will be limited to what is strictly necessary in relation to the purposes for which it is processed.
- Principle of accuracy: personal data must be accurate and kept up to date.
- Principle of storage limitation: personal data will only be kept in a form that permits identification of the User for as long as necessary for the purposes of its processing.
- Principle of integrity and confidentiality: personal data will be processed in a manner that ensures its 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 by Gómez Barroso Abogados are limited to identification data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.
The categories of data processed by Gómez Barroso Abogados include both identification data and special categories of personal data within the meaning of Article 9 of the GDPR.
Special categories of personal data are understood to mean data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person's sex life or sexual orientation.
The processing of special categories of personal data will in all cases require the User's explicit consent for one or more specific purposes.
Legal basis for the processing of personal data The legal basis for the processing of personal data is consent. Gómez Barroso Abogados undertakes to obtain the User's express and verifiable consent 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, withdrawal of consent will not affect the User's ability to use the Website. On 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 if completing any of these fields is mandatory because they are essential for the proper completion of the operation in question. Purposes for which personal data is processed Personal data is collected and managed by Gómez Barroso Abogados for the purpose of facilitating, expediting and fulfilling the commitments established between the Website and the User, or maintaining the relationship established through the forms completed by the User, or dealing with a request or enquiry. The data may also be used for commercial purposes relating to personalisation, operations and statistics, and for activities inherent to the corporate purpose of Gómez Barroso Abogados, as well as for data extraction, data storage and marketing studies aimed at tailoring the Content offered to the User and improving the quality, operation and navigation of the Website. At the time personal data is obtained, the User will be informed of the specific purpose or purposes for which the personal data will be processed; that is, the use or uses that will be made of the information collected. Personal data retention periods Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: , or until the User requests its deletion. At the time personal data is obtained, the User will be informed of the period for which the personal data will be kept or, where this is not possible, the criteria used to determine that period. Recipients of personal data
The User's personal data will not be shared with third parties.
In any case, at the time personal data is obtained, the User will be informed of the recipients or categories of recipients of the personal data.
The User's personal data will be shared with the following recipients or categories of recipients: Should the Data Controller intend to transfer personal data to a third country or international organisation, the User will be informed, at the time the personal data is obtained, of the third country or international organisation to which the data is intended to be transferred, as well as of the existence or absence of a Commission adequacy decision. Personal data of minors In compliance with Article 8 of the GDPR and Article 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 lawfully give their consent for the processing of their personal data by Gómez Barroso Abogados. In the case of a minor under 14 years of age, the consent of the parents or legal guardians will be required for processing, and this will only be considered lawful to the extent that they have authorised it. Confidentiality and security of personal data Gómez Barroso Abogados undertakes to adopt the necessary technical and organisational measures, appropriate to the level of security corresponding to the risk of the data collected, in such a way as to guarantee the security of personal data and prevent its accidental or unlawful destruction, loss or alteration, whether transmitted, stored or otherwise processed, or unauthorised disclosure of or access to such data.
The Website 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 vice versa, is fully encrypted.
However, since Gómez Barroso Abogados cannot guarantee that the internet is impregnable, nor the total absence of hackers or others who might fraudulently access personal data, the Data Controller undertakes to notify the User, without undue delay, of any personal data breach likely to result in a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a personal data breach is understood to mean any breach of security leading to the accidental or unlawful destruction, loss or alteration of, or unauthorised disclosure of or access to, personal data transmitted, stored or otherwise processed. Personal data will be treated as confidential by the Data Controller, who undertakes to inform its employees, associates and anyone else to whom it makes the information accessible of, and to guarantee, through a legal or contractual obligation, that such confidentiality is respected. Rights arising from the processing of personal data The User has, and may therefore exercise against the Data Controller, the following rights recognised under the GDPR and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights:
- Right of access: This is the User's right to obtain confirmation as to whether or not Gómez Barroso Abogados is processing their personal data and, if so, to obtain information about their specific personal data and the processing carried out or to be carried out by Gómez Barroso Abogados, as well as, among other things, the information available on the origin of such data and the recipients of communications made or envisaged.
- Right to rectification: This is the User's right to have their personal data corrected if it is inaccurate or, taking into account the purposes of the processing, incomplete.
- Right to erasure ('the right to be forgotten'): This is the User's right, provided that 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; when the User has withdrawn their consent to the processing and there is no other legal basis for it; when the User objects to the processing and there is no other legitimate reason to continue it; when the personal data has been processed unlawfully; when the personal data must be erased in order to comply with a legal obligation; or when the personal data was obtained in connection with a direct offer of information society services to a minor under 14 years of age. In addition to erasing the data, the Data Controller, taking into account available technology and the cost of implementation, must take reasonable steps to inform those controllers who are processing the personal data of the data subject's request for the erasure of any link to that personal data.
- Right to restriction of processing: This is the User's right to restrict the processing of their personal data. The User has the right to obtain restriction of processing where they contest the accuracy of their personal data; where the processing is unlawful; where the Data Controller no longer needs the personal data but the User needs it to make claims; and where 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 it to another controller. Wherever technically possible, the Data Controller will transmit the data directly to that other controller.
- Right to object: This is the User's right to prevent the processing of their personal data, or to have Gómez Barroso Abogados cease such processing.
- 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 individual decision based solely on the automated processing of their personal data, including profiling, except where current legislation provides otherwise.
The User may therefore exercise their rights by written communication addressed to the Data Controller, quoting the reference 'GDPR-https://gomezbarrosoabogados.es/', specifying:
- The User's full name and a copy of their national ID (DNI). Where representation is permitted, identification of the person representing the User must also be provided by the same means, together with the document evidencing that representation. The photocopy of the national ID may be replaced by any other means valid in law to prove identity.
- A request stating the specific grounds for the request or the information to which access is sought.
- Address for notification purposes.
- Date and signature of the applicant.
- Any document evidencing the request being made.
This request and any other attached documents may be sent to the following email address: fgomezbarroso@icae.es
Links to third-party websites The Website may include hyperlinks or links providing access to web pages of third parties other than Gómez Barroso Abogados, and which are therefore not operated by Gómez Barroso Abogados. The owners of such websites will have their own data protection policies and will themselves, in each case, be 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 an infringement of the applicable regulations in the way their personal data is being processed, they have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State where they have their 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 (Agencia Española de Protección de Datos) (https://www.aepd.es/).
II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY The User must have read and agreed to the terms regarding the protection of personal data contained in this Privacy Policy, and must accept the processing of their personal data, in order for the Data Controller to be able to carry it out in the manner, within the periods and for the purposes indicated. Use of the Website implies acceptance of its Privacy Policy. Gómez Barroso Abogados reserves the right to modify its Privacy Policy at its own discretion, or as prompted by a change in legislation, case law, or guidance from the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is advised to review this page periodically to stay informed of the latest changes or updates. This Privacy Policy was last updated to comply with 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) and with Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights.