Privacy Policy

WEBSITE PRIVACY POLICY: www.stbernard.eu

I. PRIVACY AND DATA PROTECTION POLICY

In compliance with current legislation, COUNTERFOG S.L. (hereinafter also Website) undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated in this privacy policy

This privacy policy is adapted to current Spanish and European legislation on the protection of personal data on the Internet. Specifically, it respects the following rules:

– Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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 Guarantee of Digital Rights (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 controller processing the personal data

The person responsible for the processing of the personal data collected is COUNTERFOG S.L. with CIF B88453154.

Its contact details are as follows:

Address: AVENIDA DE EUROPA, 82. 28341, VALDEMORO, MADRID, Spain.

Contact telephone number: +34 910 13 58 97

Contact email: info@counterfog.eu

Data Protection Officer (DPD)

The Data Protection Officer (DPO) is responsible for ensuring compliance with the data protection regulations to which COUNTERFOG S.L. is subject. The User can contact the DPD appointed by the Data Controller using the following contact details: info@counterfog.eu.

Register of Personal Data

In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by COUNTERFOG S.L. through the forms provided on its pages will be incorporated and processed in our files in order to facilitate, expedite and fulfill the commitments established between COUNTERFOG S.L. and the user or the maintenance of the relationship established in the forms filled in by the user, or to respond to a request or query from the user. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in Article 30.5 of the RGPD applies, a register of processing activities is kept which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD.

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 RGPD 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 consent of the User will be required at all times after fully transparent information on the purposes for which the personal data are 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 only that which is strictly necessary in relation to the purposes for which it is processed.

– Accuracy principle: personal data must be accurate and always up to date.

– Principle of limitation of the storage period: personal data shall only be kept in a form that allows the identification of the User for the time necessary for the purposes for which they are processed.

– Principle of integrity and confidentiality: personal data shall be processed in such a way as to ensure their security and confidentiality.

– Proactive accountability principle: the controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by COUNTERFOG S.L. 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. COUNTERFOG S.L. undertakes to obtain the express and verifiable consent of the user to the processing of his personal data for one or more specific purposes.

The user shall have the right to withdraw his consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, withdrawal of consent shall not condition the use of the Website.

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

Retention periods for 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: 3 years, or until the User requests their deletion.

At the time the personal data is obtained, the User will be informed of the period for 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 will not be shared with any recipients or categories of recipients:

In case the controller intends to transfer personal data to a third country or international organisation, at the time the personal data are obtained, the User will be informed about the third country or international organisation to which the data are intended to be transferred, as well as about the existence or absence of an adequacy decision of the Commission.

Personal data of minors

In accordance with the provisions of Articles 8 of the RGPD and 7 of the 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 give their consent to the processing of their personal data in a lawful manner by COUNTERFOG S.L. In the case of a minor under 14 years of age, the consent of the parents or guardians is required for the processing, and this will only be considered lawful to the extent that they have given their consent.

Secrecy and security of personal data

COUNTERFOG S.L. 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 Website is SSL (Secure Socket Layer) certified, 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.

However, because COUNTERFOG S.L. 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 notify the User without undue delay when a breach of security of personal data 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 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 unauthorised disclosure of or access to such data.

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

Rights arising from the processing of personal data

The User has over COUNTERFOG S. L. may therefore exercise against the Data Controller the following rights recognised in the RGPD and in the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights:

– Right of access: this is the right of the user to obtain confirmation as to whether or not COUNTERFOG S.L. is processing his personal data and, if so, to obtain information about his specific personal data and the processing that COUNTERFOG S.L. has carried out or is carrying out, as well as, among other things, the information available about the origin of such data and the recipients of the communications made or planned for such data.

– Right of rectification: this is the User’s right to have their personal data amended if it proves to be inaccurate or, taking into account the purposes of the processing, incomplete.

– Right of erasure (“the right to be forgotten”): is the right of the User, unless otherwise provided for by applicable law, to obtain the erasure of his or her personal data when they 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 legal 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 erased 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 child under the age of 14. In addition to erasure, the Controller shall, taking into account the technology available and the cost of its implementation, take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for erasure of any link to those personal data.

– Right to restriction of processing: This is the User’s right to restrict the processing of his or her personal data. The User has the right to obtain the restriction of processing where the User contests the accuracy of his or her personal data; the processing is unlawful; the 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 shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format and to transmit it to another controller. Where technically feasible, the Controller shall transmit the data directly to that other controller.

– Right to object: This is the right of the User not to have his/her personal data processed or to have the processing of such data by COUNTERFOG S.L. cease.

– Right not to be subject to a decision based solely on automated processing, including profiling: This is the right of the user not to be subject to an individualised decision based solely on automated processing of his or her personal data, including profiling, unless otherwise provided for in the legislation in force.

Therefore, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference “RGPD-https://stbernard.eu’, specifying::

– Name, surname(s) of the User and copy of ID card. In cases where representation is permitted, it will also be necessary to identify by the same means the person representing the User, as well as the document accrediting the representation. The photocopy of the DNI may be substituted by any other legally valid means that accredits identity.

– Request with the specific reasons for the request or information to which access is sought.

– Address for notification purposes.

– Date and signature of the applicant.

– Any document that accredits the request being made.

This application and any accompanying documents may be sent to the following address and/or e-mail address:

Postal address: AVENIDA DE EUROPA, 82. 28341, VALDEMORO, MADRID, Spain.

E-mail: info@counterfog.eu

Links to third party websites

The website may include hyperlinks or links to websites of third parties other than COUNTERFOG S.L., which are not operated by COUNTERFOG S.L. The owners of such websites shall 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 lodge a complaint with 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 Agencia Española de Protección de Datos (http://www.agpd.es).

II. COOKIE POLICY

Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User – in the different devices they may use to browse – so that the server remembers certain information that will subsequently be read only by the server that implemented it. Cookies make browsing easier, more user-friendly and do not damage the browsing device.

The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website and the sites visited just before and just after the Website. However, no cookie allows the cookie to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to be part of the Cookie file is for the User to personally give that information to the server.

Cookies that allow a person to be identified are considered personal data. Therefore, the aforementioned Privacy Policy shall apply to them. In this sense, the consent of the User will be necessary for the use of cookies. This consent will be communicated, on the basis of a genuine choice, offered by means of an affirmative and positive decision, prior to the initial processing, removable and documented.

Own cookies

Cookies are those that are sent to the User’s computer or device and managed exclusively by COUNTERFOG S.L. for the better functioning of the Website. The information collected is used to improve the quality of the website and its content and your experience as a user. These cookies make it possible to recognise the User as a repeat visitor to the Website and to adapt the content to offer him/her content that is tailored to his/her preferences.

The entity(ies) responsible for the provision of cookies may transfer this information to third parties, provided that this is required by law or that a third party processes this information for these entities.

Social media cookies

COUNTERFOG S.L. incorporates social media plugins, which allow access to social networks from the website. For this reason, social network cookies may be stored in the user’s browser. The owners of these social networks have their own data protection and cookie policies, being themselves, in each case, responsible for their own files and their own privacy practices. The User should refer to them for information about these cookies and, where appropriate, the processing of their personal data. For information purposes only, the links where these privacy and/or cookie policies can be consulted are indicated below:

Facebook: https://www.facebook.com/policies/cookies/

X: https://twitter.com/es/privacy

Instagram: https://help.instagram.com/1896641480634370?ref=ig

Youtube:https://policies.google.com/privacy?hl=es-419&gl-mx

Google+ https://policies.google.com/technologies/cookies?hl-es

LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies

Disabling, rejecting and deleting cookies

The User may disable, reject and delete cookies, in whole or in part, installed on their device by configuring their browser (including, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser that he/she is using. In the event that you reject the use of cookies in whole or in part, you may continue to use the Website, although the use of some of its features may be limited.

III. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy and Cookies Policy, as well as that he/she accepts the processing of his/her personal data so that the Data Controller can proceed in the manner, during the periods and for the purposes indicated. The use of the Website implies acceptance of the Privacy and Cookie Policy of the Website.

COUNTERFOG S.L. reserves the right to modify its Privacy and Cookies 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 and Cookies Policy will be explicitly notified to the User.

This Privacy and Cookies Policy was updated on 14/02/2024 to adapt 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 (RGPD) and to Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.