PRIVACY POLICY

I. PRIVACY POLICY AND DATA PROTECTION

Respecting the provisions of current legislation, Finca El Cercado (hereinafter also referred to as the Website) undertakes to adopt the necessary technical and organizational measures, according to the appropriate level of security corresponding to the risk of the collected data.

Laws incorporated in this privacy policy

This privacy policy is adapted to the current Spanish and European legislation regarding the protection of personal data on the internet. Specifically, it complies with the following regulations:

  • The Regulation (EU) 2016/679 of the European Parliament and of the Council, dated April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and the free movement of such 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 implementing Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
  • Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the data controller

The data controller responsible for the personal data collected at Finca El Cercado is: Cristina Brunet Álvarez de Sotomayor, with NIF: 07223113D (hereinafter referred to as the Data Controller). The contact details are as follows:

Address: Paseo de la Castellana 169
Postal Code: 28046, Madrid.
Contact email: info@fincaelcercado.com

Registration of Personal Data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Finca El Cercado through the forms on its pages will be incorporated and processed in our files in order to facilitate, streamline, and fulfill the commitments established between Finca El Cercado and the User, or to maintain the relationship established in the forms that the User fills out, or to respond to a request or inquiry. Additionally, 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 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 User’s personal data will be subject to the following principles set forth in Article 5 of the GDPR and in Article 4 and subsequent articles of 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 User’s consent will be required at all times, preceded by complete and transparent information regarding the purposes for which personal data is 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 limited to what is strictly necessary for the purposes for which they are processed.
  • Principle of accuracy: Personal data must be accurate and kept up to date at all times.
  • Principle of storage limitation: Personal data will only be retained for as long as necessary for the purposes of processing, while allowing the User to be identified.
  • Principle of integrity and confidentiality: Personal data will be processed in a manner that ensures its security and confidentiality.
  • Principle of proactive responsibility: The data controller will be responsible for ensuring compliance with the aforementioned principles.

Categories of personal data

The categories of data processed at Finca El Cercado are solely identifying data. Under no circumstances are special categories of personal data processed in accordance with Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Finca El Cercado is committed to obtaining the express and verifiable consent of the User 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, the withdrawal of consent will not affect the use of the Website.

On occasions when the User is required or may provide their data through forms to make inquiries, request information, or for reasons related to the content of the Website, they will be informed if filling out any of these forms is mandatory because they are essential for the proper development of the operation performed.

Purposes of the processing of personal data

Personal data is collected and managed by Finca El Cercado with the purpose of facilitating, streamlining, and fulfilling the commitments established between the Website and the User, or maintaining the relationship established in the forms filled out by the User, or to respond to a request or inquiry.

Furthermore, the data may be used for commercial purposes such as personalization, operational and statistical purposes, and activities related to Finca El Cercado’s corporate purpose. This may include data extraction, storage, and marketing studies to tailor the Content offered to the User, as well as to improve the quality, functionality, and navigation of the Website.

At the time of collecting personal data, the User will be informed about the specific purpose(s) for which the personal data will be used, that is, the intended use(s) of the collected information.

Retention periods of personal data

Personal data will only be retained for the minimum time necessary for the purposes of processing and, in any case, for the following period: 2 years or until the end of the contract, or until the User requests its deletion.

At the time of collecting personal data, the User will be informed about the period for which the personal data will be retained, or if that 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:

Ionos.es: Hosting service. More information at https://www.ionos.es/terms-gtc/politica-de-privacidad/
WordPress: CMS used for the development of this website. https://wordpress.org/about/privacy/
Google: Google Analytics services are used. More information at https://policies.google.com/privacy.
Mailchimp: Email marketing platform. https://www.intuit.com/privacy/statement/

If the data controller intends to transfer personal data to a third country or international organization, at the time the personal data is collected, 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 by the Commission.

Personal data of minors

Respecting the provisions of Article 8 of the GDPR and Article 7 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, only individuals over 14 years of age can lawfully provide their consent for the processing of their personal data by Finca El Cercado. If the individual is under 14 years of age, the consent of their parents or legal guardians will be required for the processing, and it will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Finca El Cercado is committed to adopting the necessary technical and organizational measures, according to the appropriate level of security corresponding to the risk of the collected data, in order to ensure the security of personal data and prevent its accidental or unlawful destruction, loss, alteration, or unauthorized disclosure or access.

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

However, since Finca El Cercado cannot guarantee the impregnability of the internet or the complete absence of hackers or others who fraudulently access personal data, the data controller undertakes to promptly notify the User when a personal data security breach occurs that is likely to result in a high risk to the rights and freedoms of individuals. In accordance with Article 4 of the GDPR, a personal data security breach is understood as any breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure, 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 and ensure, through legal or contractual obligations, that such 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 the following rights over Finca El Cercado and may therefore exercise them against the Data Controller, as recognized in the GDPR and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights:

  • Derecho de acceso: The User has the right to obtain confirmation from Finca El Cercado as to whether or not their personal data is being processed, and if so, to access specific personal data and information about the processing carried out by Finca El Cercado. This includes information about the origin of the data and the recipients of the data.
  • Derecho de rectificación: The User has the right to request the correction of their inaccurate or incomplete personal data, taking into account the purposes of the processing.
  • Derecho de supresión (right to be forgotten): The User has the right, unless otherwise provided by current legislation, 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 withdraws their consent, when the User objects to the processing and there are no overriding legitimate grounds, when the data has been unlawfully processed, when the data must be erased to comply with a legal obligation, or when the data has been obtained in relation to the offer of information society services to a child 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 other data controllers processing the personal data that the User has requested the erasure of any links to, or copies or replication of, those personal data.
  • Derecho a la limitación del tratamiento: The User has the 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 requires it for the establishment, exercise, or defense of legal claims, or when the User has objected to the processing.
  • Derecho a la portabilidad de los datos: If the 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 those data to another data controller. Where technically feasible, the Data Controller will transmit the data directly to the other data controller.
  • Derecho de oposición: The User has the right to object to the processing of their personal data by Finca El Cercado or to request the cessation of processing.
  • Derecho a no ser objeto de una decisión basada únicamente en el tratamiento automatizado, incluida la elaboración de perfiles: The User has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, except in cases where it is authorized by law or with the User’s explicit consent, or when necessary for the performance of a contract.

Therefore, the User may exercise their rights by means of a written communication addressed to the Data Controller, with the reference “GDPR-www.fincaelcercado.com”, specifying:

  1. Full name of the User.
  2. Email address or any other contact information.
  3. Specific right they wish to exercise (e.g., right of access, rectification, erasure, etc.).
  4. Any information or documentation that supports or helps process the request.

The User may also use the mechanisms or forms provided by Finca El Cercado to exercise their rights. It is important to ensure that the necessary information is provided and to verify the address and contact details of the Data Controller to properly submit the request.

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

Postal address:
Paseo de la Castellana 169
Postal Code: 28046 Madrid
Email: privacidad@fincaelcercado.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites that are different from Finca El Cercado and are therefore not operated by Finca El Cercado. The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and privacy practices.

Language

The language applicable to this privacy policy is Spanish. Therefore, in the event of any contradiction in any of the versions provided in other languages, the Spanish version shall prevail.

Claims to the supervisory authority

If the User believes that there is a problem or violation of the current regulations in the way their personal data is being processed, they will have the right to an effective judicial remedy and to lodge a complaint with a supervisory authority, in particular in the State where they have their habitual residence, place of work, or the alleged infringement occurred. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.agpd.es).

II. COOKIE POLICY AND LEGAL NOTICE

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 – on the different devices they may use to browse – so that the server can remember certain information that only the server that implemented them will later read. Cookies facilitate navigation, make it more user-friendly, and do not harm 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 after it. However, no cookie allows it to contact the User’s phone number or any other personal contact method. 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 provide that information to the server.

Cookies that allow the identification of a person are considered personal data. Therefore, the Privacy Policy described above applies to them. In this regard, the User’s consent will be necessary for their use. This consent will be communicated, based on a genuine choice, offered through an affirmative and positive decision, before the initial processing, and will be removable and documented.

It is strongly recommended to read Finca El Cercado’s Cookie Policy and Legal Notice.

III. ACCEPTANCE AND CHANGES TO THIS PRIVACY AND COOKIE POLICY

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

Finca El Cercado reserves the right to modify its Privacy and Cookie Policy according to its own criteria or motivated by a legislative, jurisprudential, or doctrinal change from the Spanish Data Protection Agency. Changes or updates to this Privacy and Cookie Policy will be explicitly notified to the User.

This Privacy and Cookie Policy was last updated on June 26, 2023, to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR), and the Organic Law 3/2018 of December 5, on the Protection of Personal Data and guarantee of digital rights.