IV. PRIVACY POLICY AND DATA PROTECTION
In compliance with current legislation, 5 ELEMENT BES SPAIN is committed to adopting the necessary technical and organizational measures, according to the level of security appropriate to the risk of the collected data.
Laws incorporated into this privacy policy
This privacy policy is adapted to the current Spanish and European regulations on the protection of personal data on the internet. Specifically, it complies with the following regulations:
• Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 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 15/1999, of December 13, on the Protection of Personal Data (LOPD).
• Royal Decree 1720/2007, of December 21, approving the Regulation for the development of 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 for the personal data collected by 5 ELEMENT BES SPAIN is: 5 ELEMENT BES SPAIN S.L, with NIF: B93624328 and registered at: The Commercial Register of MALAGA with the following registration details: June 12, 2018, under entry 1027 of Diary 403, and caused the First Registration of sheet MA-145767, at page 99 of volume 5742 of the file, book number 4549 of the General Section of Companies. Its representative is: YEVGEN TYKHOVOD (hereinafter, also Data Controller). Contact details are as follows:
Address:
Avda. La Resina 70, Prtl. 14 Bajo A. Urb. SUNSET GOLF 29689 Estepona - (MALAGA)
Contact phone: 677331627
Contact email:
Data Protection Officer (DPO)
The Data Protection Officer (DPO) is responsible for ensuring compliance with the data protection regulations to which 5 ELEMENT BES SPAIN is subject. The User can contact the DPO appointed by the Data Controller using the following contact details:
Personal Data Register
Personal data collected by 5 ELEMENT BES SPAIN, through forms on its pages, will be entered into an automated file under the responsibility of the Data Controller, and duly declared and registered in the General Register of the Data Protection Agency, which can be consulted on the Spanish Data Protection Agency's website (http://www.agpd.es), with the aim of facilitating, expediting, and fulfilling the commitments established between 5 ELEMENT BES SPAIN and the User or maintaining the relationship established in the forms completed by the User, or to address a request or inquiry from the User.
Principles applicable to the processing of personal data
The processing of personal data of the User will be subject to the following principles set out in Article 5 of the GDPR:
• Principle of lawfulness, fairness, and transparency: User consent will be required at all times with complete transparency about the purposes for which personal data is collected.
• Principle of purpose limitation: Personal data will be collected for specified, legitimate, and explicit purposes.
• Principle of data minimization: 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.
• Principle of storage limitation: Personal data will only be kept in a form that allows identification of the User for as long as necessary for the purposes of processing.
• 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 that the above principles are adhered to.
Categories of personal data
The categories of data processed by 5 ELEMENT BES SPAIN are only identifying data. Special categories of personal data as defined in Article 9 of the GDPR are not processed.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. 5 ELEMENT BES SPAIN is committed to obtaining the explicit 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, withdrawal of consent will not affect the use of the Website.
In cases where the User must 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 completing any of them is mandatory because it is essential for the proper execution of the operation carried out.
Purposes of processing personal data
Personal data is collected and managed by 5 ELEMENT BES SPAIN to facilitate, expedite, and fulfill the commitments established between the Website and the User or maintain the relationship established in the forms completed by the User or to address a request or inquiry.
Additionally, the data may be used for commercial purposes, personalization, operational and statistical purposes, and activities related to the social object of 5 ELEMENT BES SPAIN, as well as for data extraction, storage, and marketing studies to adapt the Content offered to the User and to improve the quality, functionality, and navigation of the Website.
At the time the personal data is obtained, the User will be informed of the specific purposes of the processing to which their personal data will be put; that is, the use or uses to which the collected information will be put.
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: 18 months, or until the User requests its deletion.
At the time the personal data is obtained, the User will be informed of the period during which the personal data will be retained or, when that is not possible, 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 case, at the time the personal data is obtained, the User will be informed of the recipients or categories of recipients of the personal data.
Personal data of minors
In compliance with Articles 8 of the GDPR and 13 of the RDLOPD, only those over 14 years old may provide consent for the lawful processing of their personal data by 5 ELEMENT BES SPAIN. If the individual is under 14 years old, parental or guardian consent is required for the processing, and this will only be considered lawful to the extent that it has been authorized by them.
Confidentiality and security of personal data
5 ELEMENT BES SPAIN is committed to adopting the necessary technical and organizational measures, according to the level of security appropriate to the risk of the collected data, to ensure the security of personal data and to prevent accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or otherwise processed, or unauthorized disclosure or access to such data.
The Website has an SSL (Secure Socket 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, since 5 ELEMENT BES SPAIN cannot guarantee the invulnerability of the internet or the complete absence of hackers or others who may fraudulently access personal data, the Data Controller undertakes to inform the User without undue delay when a personal