PRIVACY POLICY AND DATA PROTECTION

We inform you that in order to access certain content or services it will be necessary to provide personal data. Users shall guarantee the truthfulness, accuracy and authenticity of the data. MAM OBJECTS SOCIEDAD LIMITADA shall preserve the confidentiality and security of your personal data and shall process it in the automated manner that corresponds according to its nature or purpose, under the terms indicated in the Data Protection Policy Section.

It is important, given the European regulation on Data Protection (EU Regulation 2016/679 of the European Parliament and Council), to read the Basic Information. You should also know that leaving your data does not attribute, confirm, cancel, legitimise or perfect any contractual relationship with our company.

BASIC INFORMATION

Principles relating to processing

Your personal data will be processed:

• In a lawful, fair and transparent manner in relation to the data subject.
• Collected for specified, explicit and legitimate purposes, and shall not be further processed in a manner incompatible with those purposes; processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered incompatible with the initial purposes.
• Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
• Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay.
• Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.
• Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

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. Regarding the interpretation of contracts, reference shall be made specifically to arts. 1281 et seq. of the Civil Code.

PURPOSES

• Managing IT services for clients within the scope of our corporate purpose.
• Handling your requests, invoicing these services, managing withdrawals and refunds within the legal timeframes provided for in Law 34/2002, of 11 July, on information society services and electronic commerce, Royal Legislative Decree 1/2007, of 16 November.
• Sending you advertising and promotions related to our corporate purpose in accordance with your areas of interest, by any postal, telematic or telephone means, as well as inviting you to events organised by the company, both in person and online.

REGULATORY COMPLIANCE

We reserve the right to store and retain information provided by you, including the services used, information that includes account information and personal data in order to comply with applicable laws, when it is necessary to provide evidence in arbitrations or courts, keeping them blocked and pseudonymised, to guarantee their security, secrecy and confidentiality.

LAWFULNESS

We will not process data without explicit consent for each of the purposes, except when:

• Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
• Processing is necessary for compliance with a legal obligation to which the controller is subject.
• Processing is necessary in order to protect the vital interests of the data subject or of another natural person.
• Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

To this end, we will ensure the existence of appropriate safeguards, which may include the encryption or pseudonymisation of data, to protect the user's identity.

DATA PROTECTION OFFICER

For any request relating to your fundamental rights described in Article 8(1) of the Charter of Fundamental Rights of the European Union and Article 16(1) of the Treaty on the Functioning of the European Union (TFEU), which establish that everyone has the right to the protection of personal data concerning them, the Universal Declaration of Human Rights in its Article 12, art. 17 of the International Covenant on Civil and Political Rights adopted by the United Nations General Assembly, art. 11 of the American Convention on Human Rights, also known as the Pact of San José de Costa Rica, and those described in arts. 14 to 29 of the Spanish Constitution, you may contact: info@erictel.com – legal@censorconsulting.es

LEGITIMACY

Consent, contractual relationship and legitimate interest.

LEGAL BASIS

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, Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, Law 34/2002, of 11 July, on information society services and electronic commerce, Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws.

RECIPIENTS

We transfer data to third parties, such as: hosting operators, operators that manage software programmes to provide you with the services, operators that manage the websites; others that maintain our computer applications that allow us the ordinary management of our services, essential for the management of our activity.

DURATION

The data provided will be kept for a period of 5 years from the last contract, unless you have previously requested its blocking or deletion; or as prescribed by tax legislation. Tax data will be kept for 5 years by legal prescription.

DATA QUALITY

All data requested through the website is mandatory, as it is necessary for the provision of an optimal service to the user. In the event that not all data is provided, the provider does not guarantee the provision of the requested services.

The user shall be solely responsible for the truthfulness and updating of the data provided through the different forms on the website.

PROFILING

We do not process your personal data in an automated manner for profiling on the website, except for statistics that do not compromise any fundamental right of the data subjects.

Some of the services we provide collect geolocation data; in these cases, the users of such services have been informed of the scope and the times for which they are stored.

ADDITIONAL INFORMATION

You may at any time request additional information about your personal data ("second layer"), at the same address that we provide to you to exercise your rights.

MINORS

Our services are not aimed at minors or incapacitated persons. We understand that they have the authorisation and consent of their parents, guardians or legal representatives. It will be under their responsibility, the use of these services whether through negligence or fault of supervision, which could give rise to non-contractual liability.

DIGITAL WILL

Persons connected to the deceased for family or de facto reasons, as well as their heirs, may contact the data controller in order to access the relevant content and give them such instructions as they deem appropriate regarding their use, destination or deletion, provided they are direct family members and vital interests are at stake, for which it will be necessary to fill in a form and submit the request in writing proving identity.

The persons mentioned above may not access the deceased's content, nor request its modification or deletion, when the deceased person expressly prohibited it or when established by law.

INTERNATIONAL DATA TRANSFERS

In some cases, in order to offer you a better service, we may carry out international data transfers which shall be governed by the provisions of Regulation (EU) 2016/679 and the different legal bases provided for therein:

• With your explicit consent, maintaining all legal guarantees to protect your privacy, with maximum security and preserving the secrecy and confidentiality of the data.
• Through standard contractual clauses defined in Article 46.2(c) of Regulation (EU) 2016/679, which shall be subject beforehand to the opinion of the European Data Protection Board provided for in Article 64 of the Regulation.
• Binding corporate rules in accordance with the provisions of Article 47 of Regulation (EU) 2016/679.
• International data transfers to countries or international organisations that do not have an adequacy decision approved by the Commission or that are not covered by the safeguards provided for in the preceding article and in Article 46.2 of Regulation (EU) 2016/679 will require prior authorisation from the Spanish Data Protection Agency.

RIGHTS

You may exercise the rights of access, rectification, cancellation and/or objection, as well as the right to limitation of purpose and portability. You may contact our email address: info@erictel.com; or our postal address by writing to the person responsible for our company's data file. It will be necessary to provide personal data and supporting documents together with your request.

To do so, it is necessary for you, or through a legally authorised person, to provide the following documents:

• Photocopy of ID
• Sufficient identification and representation.
• Explanation and purpose of the complaint.
• Address for sending communications, or email address, to contact you as soon as possible.

SUPPLEMENTARY INFORMATION

You have the right to obtain confirmation of how our company is processing your personal data. You therefore have the right to access your personal data, inaccurate data or request its deletion when the data is no longer necessary for the purposes for which it was collected, at any time, simply and free of charge.

You may also UNSUBSCRIBE from receiving promotional messages, in compliance with LSSICE 34/2002. To do so it is necessary to provide the following data:

• Name of the company and data of its representative.
• Postal and email address where you wish to receive communications.
• Clear request, which does not need to be justified.

RIGHTS

You may always contact the supervisory authority, in this case the Spanish Data Protection Agency, if you consider your requests have not been attended to: www.agpd.es

SECURITY MEASURES

The data you provide will be treated confidentially. The Data Controller has adopted all technical and organisational measures and all levels of protection necessary to ensure the security of data processing and to prevent its alteration, loss, theft, processing or unauthorised access, in accordance with the state of technology and the nature of the data stored.

It is also guaranteed that the processing and recording in files, programmes, systems or equipment, premises and centres comply with the integrity and security requirements and conditions established in current regulations.

CODE OF CONDUCT

MAM OBJECTS SOCIEDAD LIMITADA undertakes that the content of its services:

• Shall not induce or promote sexual, racial or religious discrimination or any other violation of fundamental rights and public freedoms recognised by the Spanish Constitution or EU regulations. They shall not induce or incite illegal activity.
• Shall not lead to erroneous conclusions as a result of their inaccuracy, ambiguity, exaggeration, omission or similar.
• Shall not induce an unacceptable state of anxiety or fear, or take advantage of or exploit the economic, work-related or personal state of need of the user.
• Shall not induce or incite any person to engage in dangerous or risky practices or practices that threaten health or psychological balance.
• Shall not infringe legal or regulatory provisions on the secrecy of communications, intellectual property, the right to honour and personal or family privacy, or any other provision applicable to the nature of the service.
• Shall not contain false information.
• Services incorporating requests for personal information or data, including name, address or other data, with telephone numbers (landline or mobile) being considered as such, must be adequate, relevant and not excessive in relation to the purpose for which they are collected.

Users have the right to:

• Receive objective, prior, accurate and complete information about the conditions of provision of the products offered to them.
• Receive the services under the conditions offered or agreed with the company or the service provider.
• Obtain the documents certifying the terms of the contract and the invoices for the products paid for, issued in accordance with current regulations.
• Submit the complaints they consider appropriate and promptly obtain the official form to submit them and the appropriate guidance for completing them.
• Request and obtain the actions of arbitration bodies regulated by applicable legislation.
• Request and receive assistance from administrations, when necessary for the defence of their rights as users, regardless of their origin and destination and without prejudice to the competences of other bodies and authorities.