WEBSITE PRIVACY POLICY

naial.art

I. PRIVACY AND DATA PROTECTION POLICY

In compliance with current legislation, NAIAL (hereinafter, also the Website) undertakes to adopt the necessary technical and organizational measures, according to the appropriate level of security to the risk of the data collected.

Laws incorporated into this privacy policy

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

• The 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).
• The Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
• The Royal Decree 1720/2007, of December 21, which approves the Regulation for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
• The Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).

Identity of the controller of personal data processing

The controller of the personal data collected in NAIAL is: NAIAL, with DNI (hereinafter, Controller). Their contact details are:

Address: Calle Valencia 20, postal code 03804 of Alcoy, Alicante

Contact email: info@naial.art

Register of Personal Data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by NAIAL through the forms on its pages will be incorporated and processed in our file in order to facilitate, streamline and fulfill the commitments established between NAIAL and the User, or the maintenance of the relationship established in the forms that they fill out, or to attend a request or query from the User. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, except as provided for in Article 30.5 of the GDPR, a record of processing activities is kept that specifies, according to their 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 will be subject to the following principles set out in Article 5 of the GDPR and Article 4 and following of the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:

• Principle of lawfulness, fairness and transparency: the User's consent will be required at all times, after providing completely transparent information on the purposes for which personal data is collected.
• Principle of purpose limitation: personal data will be collected for specific, explicit and legitimate purposes.
• Principle of data minimization: personal data collected will be strictly necessary in relation to the purposes for which it is processed.
• Principle of accuracy: personal data must be accurate and always up to date.
• Principle of storage limitation: personal data will only be kept in a way that allows the identification of the User for the time necessary for the purposes of their processing.
• Principle of integrity and confidentiality: personal data will be processed in such a way as to guarantee its security and confidentiality.
• Principle of proactive responsibility: the data controller will be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by NAIAL 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 the processing of personal data

The legal basis for the processing of personal data is consent. NAIAL undertakes to obtain the User's express and verifiable consent 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 condition 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 filling out any of them is mandatory because they are essential for the correct development of the operation carried out.

Purposes of the processing for which personal data are intended

The personal data is collected and managed by NAIAL in order to facilitate, streamline and comply with the commitments established between the Website and the User, or to maintain the relationship established in the forms filled out by the latter, or to respond to a request or inquiry.

Likewise, the data may be used for a commercial purpose of personalization, operation and statistics, and activities inherent to the corporate purpose of NAIAL, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.

At the time when personal data is obtained, the User will be informed about the specific purpose or purposes of the processing to which the personal data will be intended; that is, the use or uses that will be given to 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, or until the User requests their deletion.

At the time the personal data is obtained, the User will be informed about the period during which the personal data will be kept or, when this 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 about the recipients or categories of recipients of the personal data.

Personal data of minors

In accordance with articles 8 of the GDPR and 7 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, only those over 14 years of age may lawfully give their consent for the processing of their personal data by NAIAL. If the data subject is under 14 years of age, the consent of the parents or legal guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

NAIAL is committed to adopting the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, to guarantee the security of personal data and to prevent the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of personal data transmitted, stored, or otherwise processed, 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 in feedback, is fully encrypted or encoded.

However, since NAIAL cannot guarantee the invulnerability of the internet or the total absence of hackers or others who fraudulently access personal data, the data controller undertakes to communicate to the User without undue delay when a breach of the security of personal data occurs that is likely to result in a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a breach of the security of personal data is understood to mean any breach of security that results in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to personal data transmitted, stored, or otherwise processed.

The personal data will be treated as confidential by the data controller, who undertakes to inform and guarantee by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom the information is made accessible.

Rights derived from the processing of personal data

The User has over NAIAL and may, therefore, exercise against the data controller the following rights recognized in the GDPR and Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights:

• Right of access: It is the User's right to obtain confirmation from NAIAL as to whether or not their personal data is being processed and, if so, to obtain information about their specific personal data and the processing that NAIAL has carried out or is carrying out, as well as, among others, information about the origin of such data and the recipients of the communications made or planned for them.
• Right of rectification: It is the User's right to have their personal data modified if it is inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure ("the right to be forgotten"): It is the User's right, provided that current legislation does not establish otherwise, to obtain the erasure of their personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis for it; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data have been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to erasing the data, the data controller, taking into account the available technology and the cost of its implementation, must take reasonable measures to inform other data controllers that are processing the personal data of the data subject's request to erase any links to that personal data.
• Right to restriction of processing: It is the User's right to restrict the processing of their personal data. The User has the right to obtain the restriction of 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: If the processing is carried out by automated means, the User shall 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 data controller. Where technically feasible, the data controller shall transmit the data directly to that other controller.
• Right to object: It is the User's right not to have their personal data processed or to cease processing by NAIAL.
• Right not to be subject to a decision based solely on automated processing, including profiling: It is the User's right not to be subject to an individualized decision based solely on the automated processing of their personal data, including profiling, except as provided by current legislation.

Therefore, the User may exercise their rights by written communication addressed to the data controller with the reference "GDPR-www.naial.art", specifying:

• Name, surname of the User, and a copy of their ID. In cases where representation is allowed, it will also be necessary to identify by the same means the person who represents the User, as well as the document accrediting the representation. The photocopy of the ID may be replaced by any other valid means of law that identifies the User.
• Request with specific reasons for the request or information to be accessed.
• Domicile for notifications.
• Date and signature of the applicant.
• Any document accrediting the request being made.

This request and any attached document can be sent to the following email address:

Email: info@naial.art

Links to third-party websites

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

Claims before the supervisory authority

If the User considers that there is a problem or infringement of the current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a claim before a supervisory authority, in particular, in the State in which they have 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 (https://www.aepd.es/).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

The User must have read and agree to the conditions on the protection of personal data contained in this Privacy Policy, as well as accept the processing of their personal data so that the Data Controller can proceed with it in the manner, during the periods and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.

NAIAL reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change by the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. It is recommended that the User consult this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

This Privacy Policy document was created on April 15, 2023.