1.1. The contact details of the Data Protection Officer ("OPD") are available on the website www.pluscover.es, provided that the Data Protection Officer is (mandatory) appointed.
2. Purposes (and related legal basis) of processing (the processes)
2.2. Your electronic contact details provided in the context of selling a product or service may be used for direct marketing (unsolicited communications) in relation to similar products or services. You may withdraw your consent at any time using the unsubscribe link available, prior to any ordering session or at the foot of any marketing communication received by us via email.
2.4. Notwithstanding the general nature of the foregoing and for the sake of clarity, your (electronic contact) data may be used by Operator and/or suppliers of products and/or services to send direct marketing communications (unsolicited communications for products or services that are not similar to those in which you provided your data), provided that you have given your consent to that end. You can withdraw your consent at any time using the link provided.
2.5. The Operator will store and process any of your personal data to the extent and for the maximum period provided for by the legal regulations in force.
2.6. Likewise, the Operator will process your personal data for any other purpose for which you have given your firm consent.
3. Legal basis of processing
4. Recipients or categories of recipients of personal data
4.1. Your data is sent to different recipients and different countries (third parties), recipients who process your personal data with the purpose (compatible, related and related purposes) of fulfilling the contract you entered into with the Operator, that is: service providers supplies, print service providers, billing service providers, loyalty service providers, etc.
4.2. Likewise, without prejudice to the general nature of the Internally and for the sake of clarity, your personal data will be transmitted to the following categories of recipients, for the following purposes:
4.2.1. Your data, namely: name, surname, email address, telephone number, delivery address (if applicable), provided together with the contact form data, in electronic form, will be (re)transmitted via email from the Operator to the Operator and back to you, to the email address, to process your request and send relevant notifications about information about inquiries made through the contact form.
4.2.2. If possible, your data, namely: name, surname, email address, telephone number, delivery address (if applicable), provided together with the consultation details, will be (re)transmitted electronically via SMS operators to the product and/or service providers and back to you by SMS, to process the order and send you relevant notifications about the information about the order confirmation or rejection or about lost orders and about the requested information.
4.2.3. Likewise, your personal data will be sent to your storage by data storage service providers.
5. Period during which the personal data / criteria used to establish this period will be stored. Personal data will be stored for 1 year, but not less than the period provided for by current legal regulations. Personal data will be stored (mainly) for compliance with the contract, as well as for tax and/or legal purposes and, in addition, specifically and without prejudice to the generality of the aforementioned, the email address and the telephone number (as applicable) will be stored for direct marketing purposes.
6. Interested person's right of access
6.1. The interested party has the right to obtain from the Operator confirmation of the existence or not of personal data concerning him and which ones are processed and, if applicable, access to personal data and the following information: (a) purposes of the processing; (b) the categories of personal data in question; c) Recipients or categories of recipients to whom personal data have been or will be disclosed, namely recipients from third countries or international organisations; d) whenever possible, the expected period of retention of personal data or, if this is not possible, the criteria used to establish this period; (e) the existence of the right to request the Operator to rectify or erase personal data or to restrict the processing of personal data relating to the data subject or to oppose such processing; f) The right to file a complaint with a supervisory authority; (g) if no personal data is collected from the data subject, any information available about its source; (h) the existence of an automatic decision-making process, including the creation of profiles, referred to in the Regulation and, at least in these cases, significant information on the associated logic, as well as the meaning and expected consequences of this treatment for the person concerned.
6.2 In case of transfer of personal data to a third country or international organization, the data subject has the right to be informed of the appropriate safeguards in relation to the transfer.
6.3. The operator must provide a copy of the personal data to be processed. For any other copy requested by the interested party, Operator may charge a reasonable fee, based on administrative costs. When the interested party submits the request by electronic means and, except in cases where the interested party requests otherwise, the information will be provided in an electronic format that is frequently used.
6.4 The right to obtain a copy mentioned in paragraph 6.3 shall not adversely affect the rights and freedoms of third parties.
7. Right of rectification The interested party has the right to obtain from the Operator, without undue delay, the rectification of inaccurate personal data relating to the interested party. Taking into account the purposes of the processing, the data subject is entitled to fill in incomplete personal data, namely by submitting a supplementary declaration.
8. The right to be deleted ("the right to be forgotten")
8.1 The interested party has the right to obtain from the Operator the deletion of their personal data, without undue delay, and the Operator has the obligation to delete the personal data without undue delay when one of the following reasons applies: (a) the personal data they are no longer necessary for the purposes for which they were collected or otherwise processed; (b) the data subject withdraws its consent on which the processing is based, when the processing is carried out on the basis of the data subject's consent to the processing of personal data for one or more specific purposes and if there is no other legal basis for processing; c) The data subject is opposed to processing for reasons related to its specific situation, in accordance with the Regulation, and there are no compelling legitimate grounds for processing, or the data subject is opposed to processing for the purposes of direct marketing and , if there is no other legal basis for processing; (d) personal data were processed illegally; (e) personal data must be erased to fulfill a legal obligation applicable to the operator under Union or Member State law; f) Personal data were collected in connection with the provision of information society services to children, in accordance with the provisions of the regulation.
8.2. If the Operator has made the personal data public and is obliged, in accordance with the provisions of paragraph 8.1, to erase the personal data, taking into account the available technology and the costs generated by the implementation, the Operator will take the appropriate measures, including technical of measures, to inform the operators that process personal data that the interested party has requested the elimination by these operators of any link or copy or duplicate of such personal data.
8.3. The provisions of paragraphs 8.1 and 8.2 do not apply to the extent that processing is necessary: (a) to exercise the right to freedom of expression and information; (b) for the fulfillment of a legal obligation that requires treatment in accordance with the law of the Union or the Member States applicable to the Operator or for the performance of a mission performed in the public interest or in the exercise of official authority vested in the Operator; c) For reasons of public interest in the field of public health, under the terms of the Regulation; (d) for public interest archival purposes, for scientific or historical research purposes or for statistical purposes in accordance with the Regulations, to the extent that the right mentioned in paragraph 8.1 may make it impossible or seriously affect the achievement of the purposes of such processing ; or (e) to establish, exercise or defend certain legal claims.
9. The right to restrict processing
9.1 The interested party has the right to obtain from the Operator the restriction on the processing of personal data when one of the following variants applies: (a) the interested party questions the veracity of the personal data for a period that allows the Operator to verify the accuracy of the personal data ; b) The processing is illegal and the data subject is opposed to the deletion of personal data and, instead, requests the restriction of their use; (c) The Operator no longer needs personal data for processing, but they are necessary for the interested party to establish, exercise or defend their legal proceedings; d) The interested party objected to the treatment for reasons related to its particular situation, under the terms of the Regulation, while awaiting the conclusion of the verification whether the legitimate reasons of the Operator exceed those of the interested party.
9.2. If processing has been restricted in accordance with the provisions of paragraph 9.1, such personal data, except storage, will only be processed with the consent of the person concerned or to establish, pursue or defend legal actions or to protect the rights of another natural person or collective or for reasons of important public interest of the Union or of a Member State.
9.3. The Operator will inform the interested party that it has obtained the restriction on processing in accordance with the provisions of paragraph 9.1 before the restriction is lifted.
10. Obrigação de notificar a retificação ou exclusão de dados pessoais ou restrição de processamento A Operadora comunicará qualquer retificação ou exclusão de dados pessoais ou restrição de processamento realizada de acordo com o disposto no parágrafo 7, parágrafo 8.1. e o parágrafo 9 a cada destinatário a quem os dados pessoais foram divulgados, a menos que isso se revele impossível ou envolva grandes esforços. A Operadora informará o interessado sobre os destinatários, caso o interessado assim o solicite.
10. Obligation to notify the rectification or deletion of personal data or processing restriction The Provider will communicate any rectification or deletion of personal data or processing restriction carried out in accordance with the provisions of paragraph 7, paragraph 8.1. and paragraph 9 to each recipient to whom personal data has been disclosed, unless this proves impossible or involves great effort. The Operator will inform the interested party about the recipients, if the interested party so requests.
11. The right to data portability
11.1. The person in question has the right to receive your personal data that you have provided to the Provider, in a structured format, commonly used and automatically readable, and you have the right to transmit such data to another provider without any impediment from the Provider to whom the data personal data have been provided if: (a) processing is based on consent or contract; and (b) processing is done by automated means.
11.2. When exercising their right to data portability in accordance with the provisions of paragraph 11.1, the interested party shall have the right to have personal data transmitted directly from one operator to another, when this is technically possible.
11.3. The exercise of the right referred to in no. 11.1 of this article is without prejudice to article 15. This right does not apply to the treatment necessary for the performance of a task in the public interest or for the exercise of official authority attributed to the Operator.
11.4. The right to obtain a copy mentioned in paragraph 11.1 shall not adversely affect the rights and freedoms of third parties.
12. The right to object
12.1. At any time, the interested party has the right to oppose, for reasons related to their particular situation, the processing, for the legitimate interests of the Operator or third parties, of personal data concerning them, including the creation of profiles based on in these provisions. The Provider will cease to process personal data, unless it demonstrates legitimate binding reasons for processing, which exceed the interests, rights and freedoms of the data subject or to establish, exercise or defend legal actions.
12.2. When personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of his/her personal data for that purpose, including the creation of profiles, as long as it is linked to transactions.
12.3. If the data subject objects to processing for direct marketing purposes, the personal data will be further processed for such purposes. If the person in question chooses to process personal data for direct marketing purposes, separately and unrelated to any other action, including activation of any acceptance button in relation to processing personal data for direct marketing purposes, the personal data The most recent ones provided in any way will be those processed for direct marketing purposes.
12.4. Until the first communication with the interested party (at the latest), the right referred to in points 12.1. and 12.2. it is explicitly presented to the interested party and presented clearly and separate from any other information.
12.5. In the context of the use of information society services and notwithstanding Directive 2002/58/EC, the interested party can exercise their right of opposition by automatic means, using technical specifications.
12.6. If personal data are processed for scientific or historical research purposes or for statistical purposes under the terms of the regulation, the interested party must, for reasons related to his particular situation, have the right to object to the processing of his personal data, unless that is treatment is necessary for the performance of a task performed for reasons of public interest.
13. Individual automated decision-making process, including profiling
13.1. The interested party has the right not to be subject to a decision based solely on automatic processing, including the creation of profiles, which produces legal effects that affect or affect him in a significant and similar way.
13.2. The provisions of paragraph 13.1. they do not apply if the decision: a) Is necessary for the conclusion or execution of a contract between the interested person and an operator; b) is authorized by the law of the Union or of a Member State, which applies to the Operator and which also establishes the appropriate measures to protect the rights, freedoms and legitimate interests of the data subject; or (c) is based on the data subject's explicit consent.
13.3. In the cases mentioned in paragraph 13.2, subparagraphs (a) and (c), the Operator shall implement the appropriate measures to protect the rights and freedoms and legitimate interests of the data subject, at least the right to obtain the human intervention of the Operator to express its point of view and question the decision.
14. The right to file a complaint with a supervisory authority
14.1. Without prejudice to any other administrative or judicial recourse, each interested person has the right to lodge a complaint with a supervisory authority, in particular in the Member State in which he has his permanent residence, place of work or place of the alleged offence. . , if the data subject considers that the processing of his/her personal data violates the Regulation.
14.2. The supervisory authority to which the complaint was submitted will inform the complainant about the progress and the outcome of the complaint, including the possibility of legal recourse under the terms of article 17.
15. The right to an effective remedy against a supervisory authority
15.1. Without prejudice to any other administrative or non-judicial remedies, any natural or legal person is entitled to an effective legal remedy against a binding legal decision of a supervisory authority in this regard.
15.2. Without prejudice to any other administrative or non-judicial appeal, each interested person shall have the right to resort to an effective judicial remedy when the supervising authority, which is competent under the terms of the Regulation, does not resolve a claim or does not inform the interested party within the deadline. period of three months on the progress or result of the claim submitted in accordance with the provisions of article 12.
15.3. Proceedings against a supervisory authority are brought in the courts of the Member State where the supervisory authority is located.
15.4. When the case is directed against a decision of a supervisory authority, which was preceded by an opinion or a decision of the Board in the consistency mechanism, the supervisory authority refers the opinion or decision to the court.
16. The right to an effective remedy against an operator or authorized person
16.1. Without prejudice to any administrative or non-judicial remedy, including the right to file a complaint with a supervisory authority in accordance with the Regulations, each interested person shall be entitled to an effective remedy if he considers his rights under the provisions of the Regulations, have been violated as a result of the processing of your personal data for violation of the Regulations.
16.2. Proceedings against an operator or authorized person must be brought in the courts of the Member State where the operator or authorized person is established. Alternatively, these proceedings may be brought in the courts of the Member State in which the person concerned has his permanent residence, unless the Operator or the authorized person is a public authority of a Member State, in the exercise of its powers. public services.
17. Representation of interested people
17.1. The interested party has the right to empower a non-profit body, organization or association, constituted in accordance with the legislation in force in a Member State, which has legal objectives of public interest and which acts in the field of protection . of the rights and freedoms of interested persons with regard to the protection of their personal data, to file a claim on their behalf, exercise the rights mentioned in Articles 14, 15 and 16 and exercise the right to receive the compensation stipulated in the Regulations for their account where so provided for by the law of the Member State.
17.2. Member States may provide that any body, organization or association referred to in paragraph 17.1 of this Article, irrespective of the authority of an interested person, has the right to lodge a complaint with the competent supervisory authority of that Member State, in accordance with with the provisions of Article 10 and to exercise the rights mentioned in Articles 15 and 16 if it is found that the rights of the affected persons under the Regulation have been violated as a result of the treatment.
18. The right to be indemnified and liability
18.1. Any person who has suffered material damage or other damage as a result of the violation of the Regulation is entitled to compensation from the Operator or an authorized person for the damage suffered.
18.2. Any operator involved in processing is liable for damages caused by processing in violation of these Regulations. The authorized person is liable for damages caused by the processing only if he has not complied with the obligations of the Regulation, specifically addressed to authorized persons or if he has acted outside or against the legal instructions of the Operator.
18.3. The Operator or the authorized person will be exempt from liability in accordance with the provisions of paragraph 18.2 if they demonstrate that they are in no way responsible for the event that caused the damage.
18.4. If more than one operator or authorized person, or both an operator and an authorized person, are involved in the same processing and, if so, in accordance with the provisions of paragraphs 18.2. and 18.3, responsible for any damage caused by the processing, both to the operator and to the person. The authorized parties will be liable for all damages to ensure effective compensation for the person concerned.
18.5. If an operator or an authorized person has paid, in accordance with the provisions of paragraph 18.4., full compensation for the damage suffered, the said operator or authorized person shall be entitled to claim to other operators or other authorized persons involved in the same processing to reimburse the part of the compensation, which corresponds to its share of the liability for the damages, in accordance with the conditions set out in paragraph 16.2.
18.6. Court proceedings for the exercise of the right to compensation shall be submitted to the competent courts in accordance with the law of the Member State referred to in section 16.2.
19. Withdrawal of consent If the processing is based on: i) the consent of the data subject to the processing of their personal data for one or more specific purposes; or ii) the consent of the data subject to the processing of certain special personal data for one or more specific purposes, unless Union or Member State law provides that the data subject may not lift the prohibition on the processing of personal data, the interested person has the right to withdraw his consent at any time without affecting the legality of processing based on the consent prior to its withdrawal. For reasons of clarity, the withdrawal of consent will not affect the processing of personal data based on another legal basis.
20.3. Any request and/or petition you forward to the Operator for the exercise of any of your rights may be made in writing, by registered letter that will be sent to the Operator's headquarters and/or online through the Operator's contact or email contact www .pluscover.es or to the Data Protection Officer's email address, if there is such a Data Protection Officer, and/or by any other means of communication mentioned in the legal regulations in force.
20.4. The interested party may request, in accordance with the aforementioned, and must obtain free of charge, in particular, access and rectification or deletion of personal data, restriction of the processing of personal data, data portability and the exercise of the right of opposition and, in addition in addition, the right not to be subject to a decision based solely on automatic processing, including the creation of profiles, that produces legal effects on the interested party or significantly affects him, but also in relation to the breach of the security of personal data.