In accordance with applicable legislation, topati (hereinafter also referred to as the “Website”) undertakes to adopt the necessary technical and organisational measures, appropriate to the level of security required by the risk associated with the data collected.

Legislation governing this Privacy Policy

This Privacy Policy has been adapted to comply with the current Spanish and European legislation on the protection of personal data on the Internet. In particular, it complies with the following regulations:

• 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).
• Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (LOPD-GDD).
• Royal Decree 1720/2007 of 21 December, approving the implementing regulations of Organic Law 15/1999 of 13 December on the Protection of Personal Data (RDLOPD).
• Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the Data Controller

The controller responsible for processing the personal data collected through topati is TOPATI PROYECTOS, S.L., holding Tax Identification Number (NIF/CIF): B93974582, registered with the Commercial Registry of Fuerteventura under the following registration details: Sheet IF-00010550 and electronic folio IRUS 1000479458910, represented by Alexander Guenther (hereinafter, the “Data Controller”).

The contact details are:

Address: Camino Sise 2, 35627 La Lajita (Las Palmas)
Phone: +34 691 863 276
Email: info@topati.es

Register of Personal Data

In compliance with the GDPR and the LOPD-GDD, Users are hereby informed that the personal data collected by topati through the forms available on its pages will be incorporated into and processed within our data records. The purpose of this processing is to facilitate, expedite and fulfil the commitments established between topati and the User, maintain any relationship established through the forms completed by the User, or respond to the User's requests or enquiries.

Furthermore, in accordance with the GDPR and the LOPD-GDD, unless the exemption provided for in Article 30(5) of the GDPR applies, a record of processing activities is maintained. This record specifies, according to their respective purposes, the processing activities carried out and the other circumstances required under the GDPR.

Principles Applicable to the Processing of Personal Data

The processing of the User's personal data shall be subject to the following principles, as set out in Article 5 of the GDPR and Article 4 et seq. of Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights:

• Principle of lawfulness, fairness and transparency: The User's consent must be obtained at all times, following the provision of fully transparent information regarding the purposes for which personal data are collected.
• Principle of purpose limitation: Personal data shall be collected for specified, explicit and legitimate purposes.
• Principle of data minimisation: Only personal data that are strictly necessary in relation to the purposes for which they are processed shall be collected.
• Principle of accuracy: Personal data must be accurate and kept up to date.
• Principle of storage limitation: Personal data shall only be retained in a form that permits the identification of the User for as long as necessary for the purposes of processing.
• Principle of integrity and confidentiality: Personal data shall be processed in a manner that ensures their security and confidentiality.
• Principle of accountability: The Data Controller shall be responsible for ensuring compliance with the above principles.

Categories of personal data

The categories of data processed by topati are limited to identification data. Under no circumstances are special categories of personal data within the meaning of Article 9 of the GDPR processed.

Legal Basis for Processing Personal Data

The legal basis for processing personal data is the User's consent. topati undertakes to obtain the User's explicit and verifiable consent 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 shall be as easy as giving it. As a general rule, withdrawal of consent shall not affect the use of the Website.

Whenever the User is required or permitted to provide personal data through forms in order to make enquiries, request information or for reasons relating to the content of the Website, the User shall be informed if completing any of the fields is mandatory because the information is essential for the proper handling of the relevant request or transaction.

Purposes of Personal Data Processing

Personal data are collected and processed by topati for the purpose of facilitating, expediting and fulfilling the commitments established between the Website and the User, maintaining any relationship established through forms completed by the User, or responding to requests or enquiries.

Personal data may also be used for commercial, personalisation, operational and statistical purposes, as well as for activities related to the corporate purpose of topati. This includes data extraction and storage, and marketing studies aimed at tailoring the Content offered to the User and improving the quality, functionality and navigation of the Website.

At the time personal data are collected, the User shall be informed of the specific purpose or purposes for which the data will be processed, i.e. how the collected information will be used.

Data Retention Periods

Personal data shall only be retained for the minimum period necessary to fulfil the purposes of their processing and, in any event, for the following period: 5 years, or until the User requests their deletion.

At the time personal data are collected, the User shall be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine that period. 

 

Recipients of Personal Data

The User's personal data may be shared with the following recipients or categories of recipients:

• WEBEMPRESA EUROPA, S.L., with its registered office at C/ Almagro 11, 6º 7ª 1, 28010 Madrid, Spain.
• GOOGLE IRELAND LIMITED, with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland.
• CLOUDFLARE, INC., with its registered office at 101 Townsend St., San Francisco, CA 94107, United States.

If the Data Controller intends to transfer personal data to a third country or international organisation, the User shall be informed at the time the data are collected of the third country or international organisation to which the data are intended to be transferred, as well as whether or not an adequacy decision by the European Commission exists.

 

Personal Data of Minors

In accordance with Article 8 of the GDPR and Article 7 of Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights, only persons over the age of 14 may lawfully give their consent to the processing of their personal data by topati.

In the case of a minor under the age of 14, consent from their parents or legal guardians shall be required for the processing of their personal data. Such processing shall only be considered lawful to the extent that the parents or legal guardians have authorised it.

 

Confidentiality and Security of Personal Data

topati undertakes to adopt the necessary technical and organisational measures, appropriate to the level of security required by the risk associated with the data collected, in order to ensure the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, as well as the unauthorised disclosure of or access to such data.

The Website uses an SSL (Secure Socket Layer) certificate, which ensures that personal data are transmitted securely and confidentially, as all data transmitted between the server and the User, in both directions, are fully encrypted.

However, as topati cannot guarantee the absolute security of the Internet or the complete absence of hackers or other persons who may fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay in the event of a personal data breach 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 personal data breach is understood to mean any breach of security leading to the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or to the unauthorised disclosure of or access to such data.

Personal data shall be treated as confidential by the Data Controller, who undertakes to inform its employees, associates and any other persons to whom the information is made available of this obligation and to ensure, through legal or contractual obligations, that such confidentiality is respected.

Rights Arising from the Processing of Personal Data

The User may exercise the following rights against topati and, consequently, against the Data Controller, as recognised under the GDPR and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights:

• Right of access: The User has the right to obtain confirmation as to whether or not topati is processing their personal data and, where this is the case, to obtain information about the specific personal data concerned and the processing carried out or to be carried out by topati, including, among other things, available information about the origin of the data and the recipients of any disclosures made or planned.

• Right to rectification: The User has the right to have inaccurate personal data corrected or incomplete personal data completed, taking into account the purposes of the processing.

• Right to erasure (“right to be forgotten”): The User has the right, unless otherwise provided for by applicable legislation, to obtain the erasure of their personal data where the data are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent and there is no other legal basis for processing; the User has objected to the processing and there are no overriding legitimate grounds for continuing it; the personal data have been unlawfully processed; the personal data must be erased to comply with a legal obligation; or the personal data have been collected as a result of the direct offering of information society services to a minor under the age of 14. In addition to erasing the data, the Data Controller shall, taking into account available technology and the cost of implementation, take reasonable steps to inform other controllers processing the personal data that the data subject has requested the erasure of any links to, or copies or reproductions of, those personal data.

• Right to restriction of processing: The User has the right to restrict the processing of their personal data. This right may be exercised where the User contests the accuracy of the personal data; the processing is unlawful; the Data Controller no longer needs the personal data but the User requires them for the establishment, exercise or defence of legal claims; or the User has objected to the processing.

• Right to data portability: Where processing is carried out by automated means, the User has the right to receive their personal data from the Data Controller in a structured, commonly used and machine-readable format and to transmit those data to another data controller. Where technically feasible, the Data Controller shall transmit the data directly to that other controller.

• Right to object: The User has the right to object to the processing of their personal data or to request that topati cease processing such data.

• Right not to be subject to a decision based solely on automated processing, including profiling: The User has the right not to be subject to an individual decision based solely on automated processing of their personal data, including profiling, unless otherwise provided for by applicable legislation.

  
  

The User may exercise these rights by sending a written request to the Data Controller, marked “GDPR-www.topati.es“”, specifying the following information:

• The User's first and last name and a copy of their identity document (DNI). Where representation is permitted, the identity of the person representing the User must also be verified in the same manner, together with documentation proving their authority to act on the User's behalf. A photocopy of the DNI may be replaced by any other legally valid means of proving identity.
• The specific request, including the reasons for the request or the information the User wishes to access.
• Address for notification purposes.
• Date and signature of the applicant.
• Any documents supporting the request.

This request and any accompanying documents may be sent to the following postal or email address:

Postal address: Camino Sise 2, 35627 La Lajita (Las Palmas), Spain
Email address: info@topati.es

Links to Third-Party Websites

The Website may contain hyperlinks or links that allow access to websites belonging to third parties other than topati and which are therefore not operated by topati.

The owners of such websites shall have their own data protection policies and shall themselves be responsible, in each case, for their own data records and privacy practices.

Complaints to the Supervisory Authority

If the User considers that a problem or infringement of applicable legislation has occurred in the way their personal data are being processed, they have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged infringement.

In Spain, the competent supervisory authority is the Spanish Data Protection Agency (Agencia Española de Protección de Datos – AEPD): https://www.aepd.es/:).