I. PRIVACY AND DATA PROTECTION POLICY
Respecting the provisions of current legislation, BIM GYM (hereinafter also Website) undertakes to adopt the necessary technical and organizational measures, 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, hereinafter).
- Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD, hereinafter referred to as LOPD-GDD).
- Royal Decree 1720/2007, of December 21, 2007, approving the Regulations for the development of Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data (hereinafter RDLOPD).
- Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE, hereinafter referred to as “LSSI-CE”).
Identity of the person responsible for the processing of personal data
The person responsible for the processing of personal data collected in BIM GYM is: Mr. Salvador Cristóbal Bernal Martín del Campo, holding ID Number: 42324870V, with address at Provença 242 entlo. 2, Barcelona, CP 08008, Spain. His contact information is as follows:
Contact email: email@example.com
Personal Data Registry
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by BIM GYM, through the forms provided on its pages will be incorporated and will be treated in our file in order to facilitate, expedite and fulfill the commitments established between BIM GYM and the User and/or the maintenance of the relationship established in the forms that the User fills out, and/or to meet a request and/or consultation of the same. Likewise, 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 register of processing activities shall be kept specifying, according to their purposes, the processing activities carried out and the other circumstances established in the RGPD.
Principles applicable to the processing of personal data
The processing of the User’s personal data shall be subject to the following principles contained in Article 5 of the RGPD and in Article 4 and following of the LOPD-GDD:
- 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, without the data collected being further processed in a manner incompatible with such purposes.
- Principle of data minimization: Personal data collected shall be only that which is strictly adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
- Principle of accuracy: Personal data shall be accurate and, if necessary, updated, and all reasonable steps shall be taken to ensure that personal data that are inaccurate with respect to the purposes for which they are processed are promptly deleted or rectified.
- Principle of limitation of the storage period: personal data will only be kept in such a way as to allow the identification of the User for the time necessary for the purposes of their processing.
- Principle of integrity and confidentiality: Personal data shall be processed in such a way as to ensure appropriate security of personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, through the implementation of appropriate technical or organizational measures.
- Proactive accountability principle: The responsible party shall be responsible for ensuring compliance with the above principles and able to demonstrate it.
Categories of personal data
The categories of data processed by BIM GYM are only identifying data. In no case are special categories of personal data processed within the framework 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. BIM GYM undertakes to obtain the express and verifiable consent of the User for the processing of his/her personal data for one or more specific purposes.
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, withdrawal of consent will not condition the use of the Web Site.
On the occasions in which the User must or may provide his/her data through forms to make inquiries, request information, or for reasons related to the content of the Website, he/she will be informed in case 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 used
Personal data is collected and managed by BIM GYM in order to facilitate, expedite and fulfill the commitments established between the Website and the User, or the maintenance of the relationship established in the forms that the latter fills in, and/or to reply to a request and/or consultation.
Likewise, the data may be used for commercial purposes of personalization, operational and statistical purposes, and activities related to the corporate purpose of BIM GYM, 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 personal data is obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses to which the collected information will be put.
Retention periods of personal data
Personal data will only be retained for the minimum time necessary for the purposes of their processing and, at most, for a period of twelve months or, where appropriate, until such time as the User exercises his or her right of deletion.
At the time the personal data is obtained, the User will be informed about the period for which the personal data will be kept or when this is not possible, and 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 collected, the User will be informed about the recipients or categories of recipients of the personal data.
Personal data of minors
Respecting the provisions of Articles 8 of the RGPD and 7 of the LOPD-GDD, only those over 14 years of age may give their consent to the processing of their personal data in a lawful manner by BIM GYM. 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
BIM GYM 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 the accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.
The Web Site 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 encrypted.
However, because BIM GYM 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 there is a breach of security of personal data that is likely to involve a high risk to the rights and freedoms of natural persons, in the terms provided for in Article 34 RGPD. In accordance with Article 4 of the GDPR, a breach of security of personal data means any breach of security that results in the accidental or unlawful destruction, loss or alteration of, or unauthorized access to or unauthorized disclosure of 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 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 deriving from the processing of personal data
The User has over BIM GYM and may, therefore, exercise against the Data Controller the following rights recognized in the RGPD and the LOPD-GDD:
- Right of access: This is the User’s right to obtain confirmation as to whether or not BIM GYM is processing his or her personal data and, if so, the right of access to personal data and information in the sense of Article 15 RGPD.
- Right of correction: It is the right of the User to obtain without undue delay the rectification of those personal data that are inaccurate, as well as, taking into account the purposes of the processing the right to have incomplete personal data completed.
- Right of deletion (“the right to be forgotten”): This is the User’s right, unless otherwise provided by law, to obtain the deletion of his or her personal data when any of the following circumstances apply;
- the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
- the User withdraws the consent on which the processing is based in accordance with the provisions of the GDPR and this is not based on any other legal basis;
- the User objects to the processing pursuant to Article 21(1) of the GDPR and no other legitimate grounds for the processing prevail or, the User objects to the processing pursuant to Article 21(2) of the GDPR itself;
- the personal data have been unlawfully processed;
- the personal data must be deleted in order to comply with a legal obligation under Union Law or Member State law that applies to the controller;
- the personal data have been obtained in connection with the provision of information society services referred to in Article 8(1) of the GDPR.
In addition to deleting the data, where the data has been made public, the Party Responsible for the processing, taking into account the technology available and the cost of its implementation, shall take reasonable steps to inform the other parties who are processing the personal data of the data subject’s request for deletion of any link to such personal data.
- Right to limitation of processing: This is the User’s right to obtain from the data controller the limitation of data processing when one of the following cases is fulfilled:
- the User contests the accuracy of the personal data, for a period of time that allows the responsible party to verify the accuracy of the data;
- the processing is unlawful and the interested party objects to the deletion of the personal data and requests instead the restriction of their use;
- the Responsible party for the processing no longer needs the personal data for the purposes of the processing, but the User needs them for the formulation, exercise, or defense of claims;
- the User has objected to the processing under Article 21(1) of the GDPR, while verifying whether the legitimate reasons of the Controller outweigh those of the User.
- Right to data portability: In the event that the processing is based on consent or, on a contract as provided for in Article 20 RGPD and the processing is carried out by automated means, the User shall have the right to receive from the responsible party his/her personal data in a structured, commonly used and machine-readable format and to transmit it to another responsible party. Whenever technically possible, the responsible party will transmit the data directly to the other responsible party.
- Right of refusal: This is the User’s right not to have his or her personal data processed or to cease the processing of such data by BIM GYM. The responsible party shall cease to process the personal data, unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject or, for the formulation, exercise, or defense of claims.
- The 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 automated processing of his personal data, including profiling that produces legal effects on him or significantly affects him in a similar way, in accordance with the provisions of Article 22 RGPD.
Thus, the User may exercise his/her rights by means of a written communication addressed to the responsible party with the reference “RGPD-bimgym.com”, specifying:
- User’s name, surname and copy of their National ID card. In cases where representation is admitted, it will also be necessary to identify himself/herself by the same means as the person representing the User, as well as the document proving the representation. The photocopy of the National ID card may be substituted by any other legally valid means of proof of identity.
- Request with specific reasons for the request or information to be accessed.
- Address for notification purposes.
- Date and signature of the applicant.
- Any document that proves the request he/she is making.
This application and any attachments may be sent to the following address and/or e-mail address:
Address: Provença 242 entlo. 2, Barcelona, CP 08008, Spain
Links to third party websites
The Website may include hyperlinks or links that allow access to third-party websites other than BIM GYM, and which are therefore not operated by BIM GYM. The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.
Complaints before the regulatory authority
In the event that the User considers that there is a problem or infringement of the regulations in force in the way his/her personal data is being processed, he/she shall have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State in which he has his 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).