PRIVACY AND DATA PROTECTION POLICY
Respecting the provisions of current legislation, Luxton Legal (hereinafter, the “Website”) undertakes to adopt the necessary technical and organizational necessary, according to the level of security appropriate to the risk of the data collected.
– 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).
– The Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
– Royal Decree 1720/2007, of December 21, which approves the Regulation implementing Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
– Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE).
Identity of the person responsible for the processing of personal data
The person responsible for the processing of personal data collected in Luxton Legal is: Camila Brodersen, with NIF: Y2038079-V (hereinafter, Data Controller).
Contact details are as follows:
Address: C/ Velázquez 27, 1º Ext. Izda. (28001 – Madrid, Spain).
Contact telephone: (+34) 641 437 173
Contact email: email@example.com
Data Protection Delegate (DPO)
The Data Protection Officer (DPO) is responsible for ensuring compliance with data protection regulations to which Luxton Legal is subject. The User may contact the DPD designated by the Data Controller using the following contact details: firstname.lastname@example.org
Registration of Personal Data
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Luxton Legal through the forms provided on their pages will be incorporated and will be treated in our files in order to facilitate, expedite and fulfill the commitments established between Luxton Legal and the User or the maintenance of the relationship established in the forms that this fills, or to meet a request or query from the same. Also, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided in Article 30.5 of the RGPD applies, a record of processing activities that specifies, according to their purposes, the processing activities carried out and other circumstances established in the RGPD is maintained.
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 the Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights:
– Principle of lawfulness, fairness and transparency: the consent of the User will be required at all times after fully transparent information of the purposes for which personal data are collected.
– Principle of purpose limitation: personal data will be collected for specified, explicit and legitimate purposes.
– Principle of data minimization: the personal data collected will be only 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.
– Principle of limitation of the storage period: personal data shall only be kept in such a way as to allow the identification of the User for the time necessary for the purposes for which they are processed.
– Principle of integrity and confidentiality: personal data will be processed in such a way as to ensure their security and confidentiality.
– Principle of proactive responsibility: the Data Controller shall be responsible for ensuring that the above principles are complied with.
Purposes of data processing
Your personal data will be used for the global purpose of management and control of the commercial relationship between the user and the controller, and specifically:
– To manage the access and correct use of services and/or products by the users.
– To communicate with users in response to incidents, requests, comments and questions that you ask us through the services and/or products, as well as the contact forms on our website (including emails and/or phone calls).
– To provide, update, maintain and protect services and/or products and activities.
– To offer new services and/or products, special offers or updates.
– If applicable, to the recruitment and selection process of employees and/or collaborators.
– Communications: We may send you emails, messages and other types of communication in reference to the services and/or products, technical issues and changes in them. These communications are considered part of the services and/or products and you cannot disclaim them.
– When appropriate, commercial communications (marketing): We may use your personal data to contact you, both electronically and non-electronically, to conduct surveys, obtain your opinion on the service provided, and, occasionally, to notify you of changes, important developments of the services and/or products, offers and/or promotions of our services and/or products or of third-party companies related to us. These commercial offers will be, in any case, expressly and separately authorized by the user who, at any time, can revoke their consent to receive these notifications using the mechanism implemented for that purpose, or from the account preferences platform.
We will not process your personal data for any other purpose beyond those described above, unless it is imposed by law or there is a judicial and/or administrative requirement that involves data processing for purposes other than those set forth.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent of the interested party and legitimate interest.
Luxton Legal undertakes to obtain the express and verifiable consent of the User to the processing of his personal data for one or more specific purposes.
The consent of the interested party provided for the purposes described above, which will be requested:
– Before proceeding to process your data,
– In the process of a customer register or,
– At the time of sending communications from Luxton Legal.
The requests for information that you send us require that the interested party voluntarily provide us with the necessary data to be able to assist or provide the services and/or products.
The User shall have the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.
The legitimate interest of Luxton Legal in retaining its customers and/or users and better meet their previously expressed expectations or interests, for example: improve the products and/or services offered, manage requests, inquiries or claims, offer similar products to those hired, inform about promotions and discounts in force, among others. All of the above shall be understood without prejudice to the fulfilment by Luxton Legal of the rest of the obligations related to commercial communications.
Luxton Legal understands that, by providing us with your personal data, the interested party guarantees and is responsible for the veracity, timeliness and accuracy of the same, and that he expressly accepts and consents to his processing for the purposes described above.
The personal data provided will be kept and processed while maintaining the relationship of provision of services and/or products, without prejudice to the possibility of exercising your rights in terms of data protection (access, rectification, erasure, opposition, restriction, portability and not be subject to automated individual decisions).
The personal data of people interested in receiving information about the services and/or products will be kept in the system indefinitely as long as the interested party does not request its erasure.
Recipients of international data transfers
Luxton Legal will not transfer your personal data to third parties unless we are legally obliged to do so or you have expressly authorized us to use our services and/or products.
Luxton Legal will not make international transfers of personal data collected through this website, with the exception of the following assumptions.
When the international transfer of data is necessary for the execution of a contract or pre-contractual measures to which the interested party takes part.
– When the international transfer of data is necessary by application of current legislation.
– When the international transfer of data takes place through the express consent of the interested party.
– When the international data transfer takes place because the web page is hosted on servers located outside the European Economic Area.
In scenarios in which international data transfers may take place, Luxton Legal will verify that the data importing country guarantees an adequate level of protection of the applicable law.
Personal data of minors
Respecting the provisions of Articles 8 of the GDPR and 7 of the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may give their consent to the processing of their personal data in a lawful manner by Luxton Legal.
In the case of a minor under 14 years of age, the consent of the parents or guardians is required for the processing, and the processing will only be considered lawful to the extent that the parents or guardians have authorized it.
Secrecy and security of personal data
Luxton Legal undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and prevent accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication 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, fully encrypted or encrypted.
However, because Luxton Legal cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a breach of security of personal data occurs that is likely to involve a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to ensure 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 over Luxton Legal and may, therefore, exercise against the Data Controller the following rights recognized in the RGPD and in the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:
– Right of access: this is the User’s right to obtain confirmation of whether or not Luxton Legal is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Luxton Legal has carried out or carries out, as well as, among others, the information available on the origin of such data and the recipients of the communications made or planned of the same.
– Right of rectification: It is the right of the User to have their personal data that prove to be inaccurate or, taking into account the purposes of the processing, incomplete, modified.
– Right of deletion (“the right to be forgotten”): This is the User’s right, unless otherwise provided for by the legislation in force, to obtain the erasure of his or her personal data when such data are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other lawful basis; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data have been processed unlawfully; the 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 minor under 14 years of age. In addition to deleting the data, the Controller, taking into account the technology available and the cost of its implementation, must take reasonable steps to inform the controllers that are processing the personal data of the data subject’s request for the deletion of any link to such personal data.
– Right to limitation of processing: This is the User’s right to limit the processing of his or her personal data. The User has the right to obtain the limitation of processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; 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: Where processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format, and to transmit it to another Controller. Whenever technically possible, the Data Controller shall transmit the data directly to such other controller.
– Right to object: This is the User’s right not to have his or her personal data processed or to have the processing of such data by Luxton Legal cease.
– Right not to be subject to a decision based solely on automated processing, including profiling: It is the right of the User not to be subject to an individualized decision based solely on automated processing of personal data, including profiling, existing unless otherwise provided by law.
Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference “RGPDwww.luxtonlegal.com”, specifying:
– Name, surname of the User and copy of the ID card. In cases where the representation is admitted, it will also be necessary the identification by the same means of the person representing the User, as well as the document proving the representation. The photocopy of the DNI may be replaced by any other means valid in law that proves the identity.
– Request with the specific reasons for the request or information to be accessed.
– Address for notification purposes.
– Date and signature of the applicant.
– Any document that accredits the request being made.
This request and any other attached documents may be sent to the following address and/or e-mail address:
Postal address: C/ Velásquez 27, 1º Ext. Izda. (28001 – Madrid, Spain).
Links to third party websites
The Website may include hyperlinks or links that allow access to third party websites other than Luxton Legal, and therefore are not operated by Luxton Legal. 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
In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his/her personal data is being processed, he/she shall have the right to effective judicial protection and to file a complaint before a supervisory authority, in particular, in the State in which he/she has his/her 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 (http://www.agpd.es).