I. PRIVACY POLICY AND DATA PROTECTION

In compliance with current legislation, Vega Ermita (hereinafter also referred to as the Website) commits to adopting the necessary technical and organizational measures, according to the appropriate level of security based on the risk of the collected data.

Laws incorporated in this privacy policy

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

• The Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals concerning the processing of personal data and the free movement of such data (GDPR).
• The Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD).
• Royal Decree 1720/2007, of December 21, approving 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 controller of personal data processing

The controller of the personal data collected on Vega Ermita is: Vega Ermita S.L., with tax ID: B29825239 (hereinafter, Controller). The contact details are as follows:

Address: Avda. Ricardo Soriano, 72, Edif. Golden B, 1ª Planta, (29601) Marbella, Málaga, España
Contact phone: (+34) 666 66 66 66
Contact email: info@vegaermita.es

Personal Data Record

Personal data collected by Vega Ermita through the forms on its pages will be processed in an automated file under the responsibility of the Controller, duly declared and registered in the General Register of the Data Protection Agency, which can be consulted on the website of the Spanish Data Protection Agency (http://www.agpd.es). The purpose is to facilitate, expedite, and fulfill the commitments established between Vega Ermita and the User, or maintain the relationship established in the forms filled out by the User, or to respond to a request or inquiry from the User.

Principles applicable to the processing of personal data

The processing of User’s personal data will be subject to the following principles set out in Article 5 of the GDPR:

• Principle of lawfulness, fairness, and transparency: User’s consent will be required at all times after transparently informing them of the purposes for which their personal data is collected.
• Principle of purpose limitation: Personal data will be collected for specific, explicit, and legitimate purposes.
• Principle of data minimization: Only the strictly necessary personal data will be collected in relation to the purposes for which they are processed.
• Principle of accuracy: Personal data must be accurate and kept up to date.
• Principle of storage limitation: Personal data will be kept in a form that allows the identification of the User for the time necessary for the purposes of processing.
• Principle of integrity and confidentiality: Personal data will be processed in a way that guarantees security and confidentiality.
• Principle of proactive responsibility: The Controller will be responsible for ensuring compliance with the above principles.

Categories of personal data

The categories of data processed by Vega Ermita are solely identifying data. Under no circumstances are special categories of personal data processed as defined in Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Valle 26 commits 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, withdrawing consent will not affect the use of the Website.

On occasions when the User is required or able to 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 the completion of any of the forms is mandatory due to the fact that they are essential for the proper development of the operation carried out.

Purposes of the processing of personal data

Personal data is collected and managed by Vega Ermita for the purpose of facilitating, expediting, and fulfilling the commitments established between the Website and the User, or maintaining the relationship established in the forms filled out by the latter, or responding to a request or inquiry.

Similarly, data may be used for commercial, operational, statistical purposes, and activities inherent to the corporate purpose of Valle 26, as well as for data extraction, storage, and marketing studies to tailor the Content offered to the User, and 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) of the processing to which the personal data will be allocated; that is, the use or uses that will be made of the collected information.

Retention periods for personal data

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

At the time of collecting personal data, the User will be informed about the period during which the personal data will be retained, or, when this is not possible, the criteria used to determine this period.

In the event that the Controller intends to transfer personal data to a third country or international organization, at the time of collecting personal data, 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

In accordance with Articles 8 of the GDPR and 13 of the RDLOPD, only individuals over 14 years of age can provide their consent for the lawful processing of their personal data by Vega Ermita. If the individual is under 14 years of age, the consent of parents or guardians is required for processing, and it will only be considered lawful if they have authorized it.

Confidentiality and security of personal data

Vega Ermita commits to adopting the necessary technical and organizational measures, according to the appropriate level of security based on the risk of the collected data, in order to ensure the security of personal data and prevent their accidental or unlawful destruction, loss, or alteration, as well as unauthorized communication or access to such data.

The Website has an SSL certificate (Secure Socket Layer), ensuring that personal data is transmitted securely and confidentially, with the transmission of data between the server and the User being fully encrypted.

However, since Vega Ermita cannot guarantee the invulnerability of the internet or the complete absence of hackers or others who fraudulently access personal data, the Controller commits to promptly notifying the User when a security breach involving personal data occurs, and when this breach is likely to result in a high risk to the rights and freedoms of individuals. In accordance with Article 4 of the GDPR, a security breach involving personal data refers to any breach of security that results in the accidental or unlawful destruction, loss, alteration, unauthorized communication, or access to personal data.

Personal data will be treated as confidential by the 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 the information becomes accessible.

Rights derived from the processing of personal data

The User has the following rights under the GDPR and can therefore exercise them against the Controller:

• Right of access: The User has the right to obtain confirmation from Vega Ermita whether their personal data is being processed or not and, if so, to obtain information about their specific personal data and the processing that Vega Ermita has carried out or is carrying out, as well as, among other things, information about the origin of such data and the recipients of the communications made or planned for such data.
• Right of rectification: The User has the right to have their inaccurate or incomplete personal data corrected, considering the purposes of the processing.
• Right to erasure (“right to be forgotten”): The User has the right, whenever current legislation does not provide otherwise, to obtain the erasure of their personal data when the data is no longer necessary for the purposes for which it was collected or processed; the User withdraws their consent to the processing and there is no other legal basis; the User objects to the processing and there are no legitimate grounds for continued processing; the personal data has been processed unlawfully; the personal data must be erased to comply with a legal obligation; or the personal data has been obtained in relation to the offer of information society services directly to a child under 14 years of age. In addition to erasing the data, the Controller, taking into account available technology and the cost of its implementation, must take reasonable measures to inform other controllers processing the personal data of the data subject’s request for erasure of any links to such personal data.
• Right to restriction of processing: 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; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it for legal claims; or the User has objected to the processing.
• Right to data portability: If processing is carried out by automated means, the User has the right to receive their personal data from the Controller in a structured, commonly used, and machine-readable format and to transmit it to another controller. Where technically feasible, the Controller will directly transmit the data to that other controller.
• Right to object: The User has the right to object to the processing of their personal data by Vega Ermita or to cease the processing of their personal data by Vega Ermita.
• Right not to be subject to automated individual decision-making, including profiling: The User has the right not to be subject to a decision based solely on automated processing of personal data, including profiling, unless current legislation provides otherwise.

Therefore, the User can exercise their rights by written communication addressed to the Controller, with the reference “GDPR-mediterranean.es“, specifying:

• User’s name, last name, and copy of their ID card. In cases where representation is allowed, the identification of the person representing the User will also be required, as well as the document certifying the representation. The photocopy of the ID card can be replaced by any other legally valid means that proves identity.
• Request with specific reasons for the request or information they wish to access.
• Address for notifications.
• Date and signature of the requester.
• Any document certifying the request being made.

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

Postal address: Avda. Ricardo Soriano, 72, Edif. Golden B, 1ª Planta, (29601) Marbella, Málaga, España
Email: info@vegaermita.es

Links to third-party websites

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

Complaints to the supervisory authority

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

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

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

Vega Ermita reserves the right to modify its Privacy and Cookies Policy according to its own criteria, or due to a legislative, jurisprudential, or doctrinal change by 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 last updated on June 13, 2018, to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR).