Privacy Policy and Data Protection Policy

https://www.miriamtouristguide.com

1. PRIVACY AND DATA PROTECTION POLICY

In compliance with the legislation in force, Miriam Tourist Guide (hereinafter also W ebsite) undertakes to adopt the necessary technical and organizational measures, according to the security level appropriate to the risk of the data collected.

Laws that incorporate this privacy policy

This privacy policy is adapted to the current Spanish and European legislation on the personal data protection on the Internet. In particular, it complies with the following rules:

• European Parliament Regulation (EU) 2016/679 and the Council of 27 April 2016, on the protection of individuals with regard to the personal data processing and on the free movement of such data (GDPR).
• Organic Law 3/2018, of December 5, on the Personal Data Protection and Guarantee of Digital Rights (LOPD-GDD).
• Royal Decree 1720/2007, of 21 December, approving the Implementing Regulation of Organic Law 15/1999, of 13 December, on the Personal Data Protection (RDLOPD).
• Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the organization responsible for Personal Data

The person responsible for processing the personal data collected in Miriam Tourist Guide is: Miriam Figueroa Montañez, with NIE: X2000676K (hereinafter, Data Controller).  Her contact details are as follows:

Address: Calle Manzano, 5, Cúllar Vega 18195 GRANADA

Telephone: +34 639658815

E- mail: granada@miriamtouristguide.com

Personal data registration

In compliance with the GDPR and LOPD-GDD provisions, we inform you that the personal data collected by Miriam Tourist Guide, through the forms provided on its pages will be incorporated and will be processed in our file in order to facilitate, expedite and fulfill the commitments established between Miriam Tourist Guide and the User to attend to a request or consultation of it. 

In addition, in accordance with the RGPD and the GDD-LOPD provision, except for the derogation provided for in GDPR Article 30.5, a processing activities record is kept which specifies, according to its purposes, the processing activities carried out and the other circumstances set out in the GDPR.

Principles applicable to processing personal data

The User’s personal data processing 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 December 5, on the Personal Data Protection and digital rights guarantee. 

• Lawfulness principle: loyalty and transparency: the consent of the User shall be required at all times after completely transparent information about the personal data which are collected.
• Purpose limitation principle: personal data will be collected for specific, explicit and legitimate purposes.
• Data minimization principle: the personal data collected will only be those strictly necessary in relation to the purposes for which they are processed.
• Accuracy principle:  personal data must be accurate and always up to date.
• Limitation period of storage principle: the personal data will only be kept in a way that allows the identification of the User for the necessary time for the purposes of its processing.
• Integrity and confidentially principle: personal data shall be processed in a manner that ensures their security and confidentiality.
• Proactive liability principle: the controller shall be responsible for ensuring that the above principles are complied with.

Personal Data Categories

The data categories processed by Miriam Tourist Guide are only identifying data. Under no circumstances, shall personal data special categories within the meaning of Article 9 of the GDPR be processed.

Legal basis for the processing of your personal data

The legal basis for processing your data is the mutual consent of both parties. Miriam Tourist Guide undertakes to obtain the express and verifiable User consent for processing his personal data for one or more specific purposes.

The User has the right to withdraw his consent at any time.  It will be as easy to withdraw the consent as to give it.  As a general rule, the consent withdraw will not condition the use of the Website.

In the occasions in which the User must or can provide his data through forms to make queries, request information or for reasons related to the content of the Website, he shall be informed if the completion of any of them is mandatory because they are essential for the proper operation conduct carried out.

Purposes of the personal data treatment

The personal data are collected and managed by Miriam Tourist Guide in order to facilitate, expedite and comply with the commitments established between the Website and the User or the relationship maintenance to be established in the forms that the latter fills out or to respond to a request or consultation.

Likewise, the data may be used for a commercial purpose of personalization, operational, statistical and activities pertaining to the social object by Miriam Tourist Guide.   As well as the extraction, data storage and marketing studies to adapt the content offered to the User, the quality, operation and Website navigation.

At the time when the personal data is obtained, the User will be informed about the specific processing purpose or purposes to which the personal data will be destined; that is, the use or uses that will be given to the information collected.

Personal data retention periods

Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period:  6 years, or until the User requests its deletion.

At the time when the personal data is obtained, the User will be informed about the period during which the personal data wll be stored or, where this is not possible, the criteria used to determine this period.

Personal data recipients

The User’s personal data will be shared with the following recipients or recipients’ categories: 

HOSTINGENIUS, 764443715F, C/Arabial, 125, 3F, 18003, Granada

GOOGLE ANALYTIC: https://developers.google.com/analytics

GOOGLE SEARCH CONSOLE: https://search.google.com/search-console

In the case that the Controller intends to transfer personal data to a third country or international organization, at the time the personal data is collected, the User shall be informed of the third country or international organization to which the data are intended to be transferred, as well as of the existence or absence of an adequacy decision by the Commission.

Minors’ personal data

Respecting the Article 8 provisions of the GDPR and 7 of Organic Law 3/2018, of December 5, on the Personal Protection Data and guarantee of digital rights, only those over 14 years old may grant their consent for the personal data processing in a lawful manner by Miriam Tourist Guide. In the case of a child under 14 years old, the parents or guardians’ consent is required for the treatment, and the treatment is considered lawful only to the extent that the parents or guardians have authorized it.

Personal Data Confidentially and security

Miriam Tourist Guide undertakes to adopt the necessary technical and organizational measures, according to the security level appropriate to the data collected, in such a way as to ensure the personal data security and to prevent the accidental or unlawful destruction, loss or personal data alteration transmitted, retained or otherwise processed, or unauthorized communication or access to such data.

The Website has an SSL certificate (Secure Socket Layer), which ensures that personal data is transmitted securely and confidentially, as the data transmission between the server and the User, and in feedback, is fully encrypted.

However, whereas Miriam Tourist Guide cannot guarantee the Internet inexpugnability or the total absence of hackers or others who fraudulently access personal data, the Controller undertakes to communicate to the User without undue delay when a personal data security breach occurs which is likely to involve a high risk to the rights and natural people freedoms.

In accordance with Article 4 of the GDPR, personal data security breach means any security breach resulting in destruction, accidental or unlawful loss or personal data alteration transmitted, retained or otherwise processed, or unauthorized communication or access to such data.

Personal data will be treated as confidential by the Controller, who undertakes to inform and ensure by legal means or a contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes de the information accessible.

Right deriving from the personal data processing

The User has full rights over his/her personal data and may therefore, exercise against the Data Controller the following rights recognized in the GDPR, and the Organic Law 3/2018, of 5 December, of Personal Data Protection and digital rights guarantee:

• Right of access: It is the User’s right to obtain confirmation of whether or not Miriam Tourist Guide is processing their personal data and, if yes, obtain information about your specific personal data and the processing that Miriam Tourist Guide has carried out or performs, among them, the information available on such data origin and the communications recipients made or planned thereon.
• Right of rectification: It is the User’s right to have their personal data changed that turn out to be inaccurate or incomplete, considering the processing purposes.
• Right of deletion (“the right to be forgotten”): It is the User’s right, provided that the current legislation does not establish otherwise, to obtain the personal data deletion when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his consent to the treatment and this has no other legal base; the User opposes the processing and there is no other legitimate reason to continue with the same; personal data have been unlawfully processed; personal data must be deleted 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. In addition to deleting the data, the Controller, considering available technology and the cost of its application, take reasonable steps to inform the controllers who are processing the personal data of the data subject’s request to delete any link to such personal data.
• Right to processing limitation:  It is the User’s right to limit the processing of his personal data.  The User has the right to obtain the processing limitation when challenging the accuracy of his personal data; the processing is illegal, the 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: In the event that the processing is carried out by automated means, the User shall have the right to receive from the Controller his personal data in a structured, commonly used and machine-readable format, and to transmit them to another controller.  Where technically possible, the Controller shall transmit the data directly to that other controller.
• Right of objection: It is the User’s right to not carry out the processing of his personal data or to cease the processing of them by Miriam Tourist Guide.
• Right not to be the subject of a decision based solely on automated processing, including profiling:  It is the User’s right not to be the subject of an individual decision based solely on the automated processing of his personal data, including existing profiling, unless otherwise provided for in existing legislation.

Therefore, the User may exercise their rights via a written communication addressed to the Data Controller with the reference “RGPD-www.miriamtouristguide.com”, specifying:

• Name, surname and ID copy.  In cases where representation is admitted, it will also be necessary to identify by the same means of the person representing the User, as well as the document accrediting the representation.  The DNI or ID card photocopy may be replaced by any other legally valid means proving the identity. 
• Request with specific reasons for the application or information to be accessed.
• Address for notification purpose.
• Date and applicant signature.
• Any document supporting your request.

This request and any other attached documents may be sent to the following address and/or e-mail:

Postal Address: Calle Manzano, 5 Cúllar Vega 18195 Granada

E-mail: granada@miriamtouristguide.com

Links to third party websites

The Website may include hyperlinks or links that allow access to third-party websites different than Miriam Tourist Guide, which are therefore not operated by Miriam Tourist Guide. The such websites owners will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Claims with the competent control authority

In the event that the User considers that there is a problem or violation of the 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 complaint with a supervisory authority, in particular, in the State in which he/she has his habitual residence, work place or alleged offence place.  In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

2. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary that the User has read and agrees with the conditions on the personal data protection contained in this Privacy Policy, and to accept the personal data processing for the Data Controller to be able to process it in the form, during the period and for the purposes indicated. The Website use will imply the Privacy Policy acceptance.

Miriam Tourist Guide 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 the European Parliament Regulation (EU) 2016/679 and the Council 27 April 2016, concerning the natural person protection with regard to the personal data processing and the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Personal Data Protection and the digital rights guarantee.