Bufete Bermejo Martínez y Asociados
WEBSITE PRIVACY POLICY
/
I. PRIVACY POLICY AND DATA PROTECTION
In compliance with the legislation in force, Bbm Abogados (hereinafter, also the Website) undertakes to adopt the technical and organisational measures necessary, according to a level of security appropriate to the risk of the data collected.
Laws incorporated into this privacy policy
This privacy policy is adapted to the Spanish and European legislation in force on the protection of personal data on the internet. Specifically, it complies with the following rules:
- 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 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 party responsible for processing personal data
The party responsible for processing the personal data collected at Bbm Abogados is: BBM ABOGADOS S.L.P., holding Tax ID (NIF/CIF): B39575949 and registered in: the register of activities of BBM ABOGADOS, S.L. with the following registration details: , whose representative is: Bbm Abogados (hereinafter, the Data Controller). Its contact details are as follows:
Address: Calle Cádiz, 13 -4, B, 39002 Santander, Cantabria
Contact telephone: 942 36 10 48
Contact email: info@bbmabogados.es
Record of Personal Data
In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Bbm Abogados, through the forms provided on its pages, will be incorporated into and processed in our file for the purpose of facilitating, expediting and fulfilling the commitments established between Bbm Abogados and the User, or maintaining the relationship established through the forms the User completes, or attending to a request or query from them. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, except where the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is kept, specifying, according to its 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 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 will be required at all times, following fully transparent information about 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 those strictly necessary in relation to the purposes for which they are processed.
- Principle of accuracy: personal data must be accurate and always kept up to date.
- Principle of storage limitation: personal data will only be kept in a form that allows the User to be identified for as long as is necessary for the purposes of the processing.
- Principle of integrity and confidentiality: personal data will be processed in a way that guarantees their security and confidentiality.
- Principle of accountability: the Data Controller will be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed at Bbm Abogados are solely identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.
Legal basis for processing personal data
The legal basis for processing personal data is consent. Bbm Abogados undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.
The User will have 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 must or may provide their data through forms to make queries, request information or for reasons related to the content of the Website, they will be informed where completing any of these fields is mandatory because they are essential for the correct performance of the operation carried out.
Purposes of the processing to which the personal data are put
The personal data are collected and managed by Bbm Abogados for the purpose of facilitating, expediting and fulfilling the commitments established between the Website and the User, or maintaining the relationship established through the forms the User completes, or attending to a request or query.
Likewise, the data may be used for a commercial purpose of personalisation, operational and statistical purposes, and activities inherent to the corporate object of Bbm Abogados, 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 are obtained, the User will be informed of the specific purpose or purposes of the processing to which the personal data will be put; that is, the use or uses that will be made of the information collected.
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 event, only for the following period: , or until the User requests their deletion.
At the time the personal data are obtained, the User will be informed of the period during which the personal data will be kept or, where this is not possible, the criteria used to determine this period.
Recipients of the personal data
The User’s personal data will not be shared with third parties.
In any event, at the time the personal data are obtained, the User will be informed of the recipients or the categories of recipients of the personal data.
Personal data of minors
In compliance with the provisions of 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 persons over 14 years of age may give their consent for the lawful processing of their personal data by Bbm Abogados. In the case of a minor under 14 years of age, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorised it.
Secrecy and security of personal data
Bbm Abogados undertakes to adopt the technical and organisational measures necessary, according to a level of security appropriate to the risk of the data collected, so as to guarantee the security of the personal data and to prevent 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.
The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data are transmitted securely and confidentially, since the transmission of data between the server and the User, and in return, is fully encrypted.
However, because Bbm Abogados 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 notify the User without undue delay when a personal data security breach occurs that is likely to entail a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a personal data security breach is understood to mean any breach of security leading to 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 will be treated as confidential by the Data Controller, who undertakes to inform of and to guarantee, by means of a legal or contractual obligation, that such confidentiality is respected by its employees, associates and any person to whom it makes the information accessible.
Rights arising from the processing of personal data
The User has, and may therefore exercise against the Data Controller, the following rights recognised in the GDPR and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights:
- Right of access: This is the User’s right to obtain confirmation of whether or not Bbm Abogados is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Bbm Abogados has carried out or is carrying out, as well as, among other things, the available information on the origin of that data and the recipients of the communications made or planned regarding it.
- Right to rectification: This is the User’s right to have their personal data that prove to be inaccurate or, in view of the purposes of the processing, incomplete, modified.
- Right to erasure (“the right to be forgotten”): This is the User’s right, provided the legislation in force does not state otherwise, to obtain the erasure of their personal data when this 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 this has no other legal basis; 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 was obtained as a result of a direct offer of information society services to a minor under 14 years of age. 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 the controllers processing the personal data of the data subject’s request to erase any link 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 the processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data but the User needs it to make claims; and when the User has objected to the processing.
- Right to data portability: Where the processing is carried out by automated means, the User will have the right to receive their personal data from the Data Controller in a structured, commonly used and machine-readable format, and to transmit it to another controller. Where technically possible, the Data Controller will transmit the data directly to that other controller.
- Right to object: This is the User’s right for the processing of their personal data not to be carried out, or for its processing to cease, by Bbm Abogados.
- 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, which exists unless the legislation in force states otherwise.
The User may therefore exercise their rights by written communication addressed to the Data Controller with the reference «GDPR-/«, specifying:
- Name, surname of the User and a copy of their ID document. Where representation is admitted, identification by the same means of the person representing the User will also be necessary, as well as the document evidencing that representation. The photocopy of the ID document may be replaced by any other means valid in law that proves identity.
- Request setting out the specific grounds for the application or the information to be accessed.
- Address for the purposes of notifications.
- Date and signature of the applicant.
- Any document evidencing the request being made.
This request and any accompanying document may be sent to the following address and/or email:
Postal address: Calle Cádiz, 13 -4, B, 39002 Santander, Cantabria
Email: info@bbmabogados.es
Links to third-party websites
The Website may include hyperlinks or links that allow access to third-party websites other than Bbm Abogados, and which are therefore not operated by Bbm Abogados. The owners of such websites will 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
Should the User consider that there is a problem or infringement of the legislation in force in the way their personal data is being processed, they will have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State of their habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (Agencia Española de Protección de Datos) (https://www.aepd.es/).
II. ACCEPTANCE OF AND CHANGES TO THIS PRIVACY POLICY
The User must have read and agreed to the conditions on the protection of personal data contained in this Privacy Policy, and must accept the processing of their personal data, so that the Data Controller may proceed with it in the manner, for the periods and for the purposes indicated. Use of the Website will imply acceptance of its Privacy Policy.
Bbm Abogados reserves the right to modify its Privacy Policy, according to its own criteria, or prompted by a legislative, case-law or doctrinal change from the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is advised to consult this page periodically to keep up to date with the latest changes or updates.