PRIVACY POLICY

In accordance with current legislation, IKALDER (hereinafter also referred to as the ‘Website’) undertakes to implement the necessary technical and organisational measures, in line with the level of security appropriate to the risk associated with the data collected.

Legislation covered by this privacy policy

This privacy policy complies with current Spanish and European legislation on the protection of personal data online. 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 implementing regulations for Organic Law 15/1999 of 13 December on the Protection of Personal Data (RDLOPD).
• Act 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the data controller

The data controller for the personal data collected by IKALDER is: MARTÍNEZ GONZÁLEZ INNOVACIÓN Y CALDERERÍA S.L., with Tax Identification Number (NIF/CIF): B94014685. Its contact details are as follows:

Address: Polígono Industrial da Pasaxe 18, 36316 Vincios Gondomar, Pontevedra
Telephone number: 986 404 498
Email address: info@ikalder.com

Personal Data Register

In accordance with the provisions of the GDPR and the LOPD-GDD, we hereby inform you that the personal data collected by IKALDER via the forms provided on its website will be incorporated into and processed in our database for the purpose of facilitating, streamlining and fulfilling the commitments established between IKALDER and the User, or maintaining the relationship established in the forms completed by the User, or to respond to a request or enquiry from the User. Furthermore, 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 which specifies, according to their purposes, the processing activities carried out and the other circumstances set out in the GDPR.

Principles governing 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 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 shall be required at all times, following the provision of fully transparent information regarding the purposes for which 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 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 shall only be retained in a form that permits identification of the User for as long as is necessary for the purposes of its processing.
• Principle of integrity and confidentiality: personal data shall be processed in a manner that ensures its security and confidentiality.
• Principle of proactive 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 IKALDER include both identifying data and special categories of personal data within the meaning of Article 9 of the GDPR.

Special categories of personal data are understood to be those revealing ethnic or racial 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 User’s explicit consent will be required in all cases 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. IKALDER undertakes to obtain the User’s express and verifiable consent to 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. Withdrawing consent will be just 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 able to provide their data via 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 forms is mandatory, as they are essential for the proper execution of the operation in question.

Purposes for which personal data is processed

Personal data is collected and processed by IKALDER for the purpose of facilitating, streamlining and fulfilling the commitments established between the Website and the User, or maintaining the relationship set out in the forms completed by the User, or to respond to a request or enquiry.

Similarly, the data may be used for commercial purposes relating to personalisation, operational and statistical purposes, and activities falling within IKALDER’s corporate purpose, as well as for the extraction and storage of data and marketing studies to tailor the Content offered to the User, and to improve the quality, functioning and navigation of the Website.

At the time the personal data is collected, the User will be informed of the specific purpose or purposes for which the personal data will be processed; that is to say, the use or uses to which the information collected will be put.

Retention periods for personal data

Personal data will only be retained for the minimum period necessary for the purposes of its processing or until the User requests its erasure.

At the time the personal data is collected, the User will be informed of the period for which the personal data will be retained or, where this is not possible, of the criteria used to determine this period.

Recipients of personal data

The User’s personal data will not be shared with third parties.

In any event, at the time the personal data is collected, the User will be informed of the recipients or categories of recipients of the personal data.

Should the Data Controller intend to transfer personal data to a third country or an international organisation, at the time the personal data is collected, the User will be informed of the third country or international organisation to which the data is intended to be transferred, as well as whether or not an adequacy decision has been issued by the Commission.

Personal data of minors

In accordance 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 those aged 14 or over may give their consent for IKALDER to lawfully process their personal data. In the case of a child under the age of 14, the consent of their parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorised it.

Confidentiality and security of personal data

IKALDER undertakes to adopt the necessary technical and organisational measures, in accordance with the level of security appropriate to the risk posed by the data collected, so as to guarantee the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorised disclosure of or access to such data.

The Website has an SSL (Secure Sockets 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, as IKALDER cannot guarantee the impregnability of the internet or the total absence of hackers or others who may fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay should a personal data breach occur 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 defined as any breach of security leading to the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or to the unauthorised disclosure of or access to such data.

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

Rights arising from the processing of personal data

The User has the following rights in relation to IKALDER and may therefore exercise the following rights, as recognised in the GDPR and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights, vis-à-vis the data controller:

• Right of access: This is the User’s right to obtain confirmation as to whether or not IKALDER is processing their personal data and, if so, to obtain information regarding their specific personal data and the processing that IKALDER has carried out or is carrying out, as well as, amongst other things, the information available on the origin of such data and the recipients of any communications made or planned in relation to it.
• Right to rectification: This is the User’s right to have their personal data amended where it is found to be inaccurate or, having regard to the purposes of the processing, incomplete.
• Right to erasure (‘the right to be forgotten’): This is the User’s right, unless otherwise provided for by applicable legislation, to have their personal data erased when such data is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis for it; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data has been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a child under the age of 14. In addition to erasing the data, the data controller, taking into account the available technology and the cost of implementation, must take reasonable steps to inform those responsible for processing the personal data of the data subject’s request to remove 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 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 establish, exercise or defend legal 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 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 shall transmit the data directly to that other data controller.
• Right to object: This is the User’s right to prevent the processing of their personal data or to have IKALDER cease processing such data.
• 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 individualised decision based solely on the automated processing of their personal data, including profiling, unless otherwise provided for by applicable legislation.

The User may therefore exercise their rights by sending a written request to the Data Controller, quoting the reference “GDPR – www.ikalder.com”, specifying:

• The User’s first name, surname(s) and a copy of their National Identity Card. Where representation is permitted, the person representing the User must also provide identification in the same manner, as well as a document proving their authority to act on the User’s behalf. The photocopy of the National Identity Card may be replaced by any other legally valid means of proving identity.
• A request setting out the specific grounds for the request or the information to which access is sought.
• Address for the purposes of notifications.
• Date and signature of the applicant.
• Any document supporting the request being made.

This application and any other accompanying documents may be sent to the following address and/or email address:

Postal address: Polígono Industrial da Pasaxe 18, 36316 Vincios Gondomar, Pontevedra
Email: info@ikalder.com

Links to third-party websites

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

Complaints to the supervisory authority

Should the User consider that there is a problem or a breach of current legislation in the way their personal data is being processed, they shall be entitled to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the country where they have their habitual residence, place of work or the place where the alleged breach occurred. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.aepd.es/).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

Users must have read and agreed to the terms and conditions regarding the protection of personal data set out in this Privacy Policy, and must consent to the processing of their personal data so that the Data Controller may process such data in the manner, within the timeframes and for the purposes indicated. Use of the Website implies acceptance of its Privacy Policy.

IKALDER reserves the right to amend its Privacy Policy at its own discretion, or in response to a change in legislation, case law or the guidelines of the Spanish Data Protection Agency. The User will not be explicitly notified of any changes or updates to this Privacy Policy. Users are advised to check this page regularly to keep abreast of the latest changes or updates.

This Privacy Policy has been 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 Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights.