I. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation, FOTOGRAFIA (hereinafter also referred to as the “Website”) undertakes to adopt the necessary technical and organizational measures, according to the appropriate level of security for the risk of the collected data.

Laws incorporated into this privacy policy

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

Regulation (EU) 2016/679 of the European Parliament and of the Council, dated April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR).

Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).

Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).

Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the data controller

The data controller for the personal data collected on FOTOGRAFIA is: ANTONIO MANUEL FERNANDEZ SAAVEDRA, with NIF: 47549464T (hereinafter referred to as the “Data Controller”). The contact details are as follows:

Address: CALLE GARABATA N 13, CONSTANTINA, SEVILLE

Contact telephone: 610134841

Contact email: antonio_fdez@hotmail.es

Registration of Personal Data

In compliance with the GDPR and the LOPD-GDD, we inform you that the personal data collected by FOTOGRAFIA through the forms extended on its pages will be incorporated and processed in our files in order to facilitate, streamline, and fulfill the commitments established between FOTOGRAFIA and the User or the maintenance of the relationship established in the forms that the User fills out, or to attend to 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 specifying, according to its purposes, the processing activities carried out and the other circumstances established in the GDPR, is kept.

Principles applicable to the processing of personal data

The processing of the User’s personal data will be subject to the principles set out in Article 5 of the GDPR and in Article 4 and subsequent articles of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:

Lawfulness, fairness, and transparency: The User’s consent will be required at all times, preceded by transparent information about the purposes for which the personal data is collected.

Purpose limitation: Personal data will be collected for specified, explicit, and legitimate purposes.

Data minimization: The personal data collected will be adequate, relevant, and limited to what is necessary for the purposes for which they are processed.

Accuracy: The personal data must be accurate and kept up to date.

Storage limitation: Personal data will be kept in a form that allows the identification of the User for no longer than necessary for the purposes of the processing.

Integrity and confidentiality: Personal data will be processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures.

Accountability: The Data Controller will be responsible for ensuring compliance with the above principles.

Categories of personal data

The categories of data processed on FOTOGRAFIA are only 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. FOTOGRAFIA undertakes to obtain the express and verifiable consent of the User 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 will be as easy as giving it. As a general rule, the withdrawal of consent will not condition the use of the Website.

On the occasions when the User must 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 the completion of any of them is mandatory because they are essential for the proper development of the operation carried out.

Purposes of the processing for which the personal data is intended

The personal data is collected and managed by FOTOGRAFIA with the purpose of facilitating, streamlining, and fulfilling the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the User fills out, or to attend to a request or inquiry. Likewise, the data may be used for commercial purposes of personalization, operation, and statistics, and for activities inherent to the corporate purpose of FOTOGRAFIA, as well as for data extraction, storage, and marketing studies to tailor the Content offered to the User, as well as to improve the quality, functionality, and navigation of the Website.

At the time the personal data is obtained, the User will be informed about the specific purpose(s) of the processing to which the personal data will be destined, i.e., the use or uses that will be given to the collected information.

Retention periods of personal data

Personal data will only be retained for the minimum period necessary for the purposes of its processing and, in any case, only for the following period: 18 months, or until the User requests its deletion.

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

Recipients of personal data

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

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

Personal data of minors

Respecting the provisions of 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 individuals over 14 years of age can provide their consent for the lawful processing of their personal data by FOTOGRAFIA. If the individual is under 14 years of age, the consent of their parents or guardians will be required for the processing, and it will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

FOTOGRAFIA undertakes to adopt the necessary technical and organizational measures, according to the appropriate level of security for the risk of the collected data, in order to ensure the security of personal data and to prevent its destruction, loss, or alteration, accidental or unlawful access, or unauthorized disclosure or access to such data.

However, since FOTOGRAFIA cannot guarantee the impregnability of the internet or the absence of hackers or other unauthorized persons accessing personal data fraudulently, the Data Controller undertakes to promptly inform the User when a security breach of personal data occurs that is likely to result in a high risk to the rights and freedoms of individuals. According to Article 4 of the GDPR, a security breach of personal data means any breach of security that results in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to personal data transmitted, stored, or otherwise processed. 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 it makes the information accessible.

Rights derived from the processing of personal data

The User has the right to exercise 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, with respect to FOTOGRAFIA:

Right of access: The User has the right to obtain confirmation from FOTOGRAFIA as to whether or not personal data concerning them is being processed, and if so, to obtain specific information about their personal data and the processing carried out or to be carried out by FOTOGRAFIA, as well as other available information about the origin of the data and the recipients of the communications made or planned regarding such data.

Right of rectification: The User has the right to request the rectification of their personal data if it is inaccurate or, taking into account the purposes of the processing, incomplete.

Right to erasure (“right to be forgotten”): The User has the right, unless otherwise provided by current legislation, to obtain the erasure of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing, and there is no other legal basis for the processing; the User objects to the processing, and there are no overriding legitimate grounds for the processing; the personal data has been unlawfully processed; the personal data must be erased for compliance with a legal obligation; or the personal data has been obtained in relation to the offer of information society services to a child under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its implementation, must take reasonable measures to inform the controllers who are processing the personal data of the data subject’s request to delete any link to that personal data.

Right to restriction of processing: The User has the right to obtain the restriction of 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 assert, exercise, or defend legal claims; or the User has objected to the processing.

Right to data portability: If the 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 it to another data controller. Where technically feasible, the Data Controller will transmit the data directly to that other data controller.

Right to object: The User has the right to object to the processing of their personal data by FOTOGRAFIA or to request the cessation of the processing.

Right not to be subject to automated individual decision-making, including profiling: The User has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or significantly affects them, unless there is a legal exception.

Therefore, the User may exercise their rights by written communication addressed to the Data Controller, with the reference “GDPR-“, specifying:

Name and surname of the User and a copy of their ID card. In cases where representation is allowed, the identification by the same means of the person representing the User will also be required, as well as the document accrediting the representation. The photocopy of the ID card may be substituted by any other valid legal means that prove the identity.
Request specifying the specific reasons for the request or the information being accessed. Address for notifications.
Date and signature of the applicant.
Any document supporting the request being made.

This request and any attached documents can be sent to the following address and/or email: Postal address: CALLE GARABATA N 13, CONSTANTINA, SEVILLE
Email: antonio_fdez@hotmail.es

Links to third-party websites

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

Complaints to the supervisory authority

If the User believes that there is a problem or infringement of the current regulations in the way their personal data is being processed, they have the right to effective judicial protection and the right to file a complaint with a supervisory authority, in particular, in the State where they have their habitual residence, place of work, or 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

It is necessary for the User to have read and agree to the conditions on the protection of personal data contained in this Privacy Policy, as well as to 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 implies acceptance of its Privacy Policy.

FOTOGRAFIA 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 periodically check this page to stay informed 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, dated April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and 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.