Privacy Policy

I. PRIVACY POLICY AND DATA PROTECTION

In compliance with the provisions of current legislation, INCREA, hereinafter also referred to as the Website, undertakes to adopt the necessary technical and organisational 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 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.
• La Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales (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 data controller responsible for processing personal data

The data controller responsible for the personal data collected by INCREA is: Ingeniería Creativa Pita, S.L., holder of Tax ID/VAT number: B84792886 and registered in: the Commercial Registry of Madrid, whose representative is: Ingeniería Creativa Pita, S.L., hereinafter referred to as the Data Controller. Its contact details are as follows:

Address: Avenida de Burgos, 9 Oficina 3 1st Floor, 28036 Madrid, Spain

Contact telephone number: +34 913 785 266

Contact email: info@increa.eu

Personal Data Register

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by INCREA through the forms available on its pages will be included and processed in our file for the purpose of facilitating, speeding up and fulfilling the commitments established between INCREA and the User, or maintaining the relationship established through the forms completed by the User, or responding to a request or enquiry from the User.
Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for 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 shall be subject to the following principles set out in Article 5 of the GDPR and in Article 4 and following articles of Organic Law 3/2018, of 5 December, on Personal Data Protection and the Guarantee of Digital Rights:

• Principle of lawfulness, fairness and transparency: the User’s consent shall be required at all times, following fully transparent information regarding the purposes for which the personal data is collected.
• Principle of purpose limitation: personal data shall be collected for specified, explicit and legitimate purposes.
• Principle of data minimisation: the personal data collected shall be only that which 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 at all times.
• Principle of storage limitation: personal data shall only be kept in a form that allows the identification of the User for as long as necessary for the purposes of its processing.
• Principle of integrity and confidentiality: personal data shall be processed in such a way as to ensure its security and confidentiality.
• Principle of accountability: the Data Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by INCREA 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 INCREA are limited to identification data. Under no circumstances are special categories of personal data processed 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, as well as the processing of genetic data, biometric data intended to uniquely identify a natural person, data concerning health, or data concerning a natural person’s sex life or sexual orientation.

For the processing of special categories of personal data, the explicit consent of the User shall in all cases be required 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. INCREA 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 shall have the right to withdraw their 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 affect the use of the Website.

On occasions where the User must or may provide their data through forms in order to make enquiries, request information or for reasons related to the content of the Website, the User shall be informed if the completion of any of these forms is mandatory because such data is essential for the proper development of the operation carried out.

Purposes for which personal data is processed

Personal data is collected and managed by INCREA for the purpose of facilitating, speeding up and fulfilling the commitments established between the Website and the User, or maintaining the relationship established through the forms completed by the User, or responding to a request or enquiry.

Likewise, the data may be used for commercial purposes involving personalisation, operational and statistical purposes, and activities inherent to INCREA’s corporate purpose, as well as for data extraction and storage and marketing studies in order to adapt the Content offered to the User, and to improve the quality, operation and browsing experience of the Website.

At the time the personal data is obtained, the User shall be informed of the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses that will be made of the information collected.

Personal data retention periods

Personal data shall only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 12 months, or until the User requests its deletion.

At the time the personal data is obtained, the User shall be informed of the period during 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 shall not be shared with third parties.

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

The User’s personal data shall be shared with the following recipients or categories of recipients:

– Google Analytics

If the Data Controller intends to transfer personal data to a third country or international organisation, at the time the personal data is obtained, the User shall be informed 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 an adequacy decision by 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 Personal Data Protection and the Guarantee of Digital Rights, only persons over the age of 14 may lawfully give their consent for the processing of their personal data by INCREA.
If the person is under 14 years of age, the consent of their parents or guardians shall be required for the processing, and such processing shall only be considered lawful to the extent that they have authorised it.

Confidentiality and security of personal data

INCREA undertakes to adopt the necessary technical and organisational 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 to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised disclosure of 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 vice versa, is fully encrypted.

However, since INCREA cannot guarantee the invulnerability of the internet or the total absence of hackers or other persons who may fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay whenever a personal data security breach occurs that is 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, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.

Personal data shall be treated as confidential by the Data Controller, who undertakes to inform and ensure, by means of a legal or contractual obligation, that such confidentiality is respected by its employees, associates and any person to whom the information is made accessible.

Rights arising from the processing of personal data

The User has the following rights with regard to INCREA and may therefore exercise them before the Data Controller, as recognised in the GDPR and Organic Law 3/2018, of 5 December, on Personal Data Protection and the Guarantee of Digital Rights:

• Right of access: This is the User’s right to obtain confirmation as to whether or not INCREA is processing their personal data and, if so, to obtain information about their specific personal data and the processing that INCREA has carried out or is carrying out, as well as, among other things, the available information on the origin of such data and the recipients of communications made or planned in relation to such data.
• Right to rectification: This is the User’s right to have their personal data modified where 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 such data 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 unlawfully processed; when the personal data must be erased in compliance with a legal obligation; or when the personal data has been obtained as a result of the 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 the available technology and the cost of implementation, shall take reasonable measures to inform the controllers that are processing the personal data of the data subject’s request for erasure of any links 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 when they contest the accuracy of their personal data; when the processing is unlawful; when 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 shall 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. Where technically possible, the Data Controller shall 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 the processing of such data by INCREA ceased.
• 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, unless otherwise established by current legislation.

Accordingly, the User may exercise their rights by sending a written communication to the Data Controller with the reference “GDPR-increa.eu”, specifying:

• The User’s name and surname, and a copy of their ID document. In cases where representation is admitted, identification by the same means of the person representing the User shall also be required, as well as the document proving such representation. The photocopy of the ID document may be replaced by any other legally valid means that proves identity.
• The request, with the specific reasons for the application or the information to which access is requested.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document proving the request being made.

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

Postal address: Avenida de Burgos, 9 Oficina 3 1st Floor, 28036 Madrid, Spain

Email address: info@increa.eu

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites other than INCREA, which are therefore not operated by INCREA.
The owners of such websites shall have their own data protection policies and shall be responsible, in each case, for their own files and privacy practices.

Complaints before the supervisory authority

If the User considers that there is a problem or breach of current regulations in the way their personal data is being processed, they shall have the right to effective judicial protection and to lodge 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 OF AND CHANGES TO THIS PRIVACY POLICY

The User must have read and agree to the terms regarding the protection of personal data contained in this Privacy Policy, and must accept the processing of their personal data so that the Data Controller may proceed with such processing in the manner, for the periods and for the purposes indicated.
Use of the Website shall imply acceptance of its Privacy Policy.

INCREA reserves the right to modify its Privacy Policy, at its own discretion, or due to a legislative, case-law or doctrinal change by the Spanish Data Protection Agency.
Changes or updates to this Privacy Policy shall not be explicitly notified to the User. The User is advised to consult this page periodically in order to stay informed of the latest changes or updates.

This Privacy Policy was updated to adapt it to 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 to Organic Law 3/2018, of 5 December, on Personal Data Protection and the Guarantee of Digital Rights.