Totem MT Koop. Elk. Txikia, as the Data Processor for the Website, in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of this data and other current regulations on the protection of personal data, and by Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSICE), informs you the User that you have implemented the measures of necessary security, of a technical and organizational nature, to guarantee and protect the confidentiality, integrity and availability of data entered. Data Processor:
Company Name: Totem MT Koop. Elk. Txikia (also the Provider)
Postal Address: Zubiondo B4-2.2, 20120 Hernani, (Gipuzkoa)
1. PURPOSE OF PERSONAL DATA PROCESSING
Your personal data will only be used for the following purposes:
- To carry out the necessary commercial and administrative procedures with Web Users.
- To respond to queries and/or provide information requested by the User.
- To carry out the provision of services and/or products contracted or subscribed to by the User.
- To use your data to contact you, both electronically and non-electronically, to obtain your opinion about the service provided.
- Client and/or suppliers data will be processed, within the contractual relationship that links them with the person in charge, in compliance with the administrative, fiscal, accounting, and working obligations that are necessary under the current legislation.
You can revoke your consent at any time by sending a letter with the subject “UNSUBSCRIBE” to email@example.com.
In accordance with LSSICE, Totem MT Koop. Elk. Txikia does not partake in SPAM practices, therefore, it does not send commercial emails that have not been previously requested or authorized by the User. Consequently, in all the communications that you will receive from the provider, the User has the possibility of canceling his or her express consent to receive our communications.
We will not use your personal data for any other purpose than those described except by legal obligation or judicial requirements.
2. STORAGE OF YOUR PERSONAL DATA
Your data will be kept for the duration of the commercial relationship with us or until you exercise your right to cancellation or opposition, or limitation to processing.
It will not be subject to decisions based on automated processing that produce effects on your data.
3. LAWFULNESS OF PERSONAL DATA PROCESSING
The legal basis for data processing is your consent granted to carry out the purposes described above, which will be requested at the time by marking the corresponding box when collecting your data.
Failure to provide the personal data requested or failure to accept this data protection policy means that it is impossible to subscribe, register, or receive information about the Provider’s products and services.
In cases where there is a prior contractual relationship between the parties, the legitimacy for the development of administrative, tax, accounting, and labor obligations that are necessary under current legislation will be the prior existence of the commercial relationship established between the parties.
Any communication sent will be incorporated into the Information Systems of Totem MT Koop. Elk. Txikia. By accepting these conditions, terms, and policies, the User expressly consents to Totem MT Koop. Elk. Txikia carrying out the following activities and/or actions, unless the User indicates otherwise:
- The sending of commercial and/or promotional communications by any means enabled informing the Users of the activities, services, promotions, advertising, news, offers, and other information about the services and products related to the activity.
- In the event that the User has expressly consented to the sending of commercial communications electronically by subscribing the NEWSLETTER, the sending of such communications by electronic means informing the Users of the activities, services, promotions, advertising, news, offers, and other information about the services and products of Totem MT Koop. Elk. Txikia equal or similar to those that were originally the aim of the contract or interest by the User.
- The storage of personal data during the periods provided in the applicable provisions.
5. OFFICIAL MEANS OF COMMUNICATION
The User is informed that the means enabled by the company to communicate with customers and others affected are the corporate phone, corporate mobile phones, and corporate email.
If you send personal information through a means of communication other than those indicated in this section, the PROVIDER will be exempt from liability in relation to the security measures available regarding the medium in question.
6. ASSIGNMENTS OR TRANSFERS RECIPIENTS
Totem MT Koop. Elk. Txikia does not carry out any data transfer or communication unless there is a reasonable need to comply with a legal procedure, legal obligation, or prior to obtaining the User’s consent.
International transfers of your personal data will not be made without your prior consent, without prejudice to blocking or canceling your account if there may be indications of the commission of a crime by the User. The information provided will only be available to the provider at this time.
Totem MT Koop. Elk. Txikia will not transfer the data collected to third parties unless there is a reasonable need to comply with a legal procedure, legal obligation, or prior obtaining the User’s consent.
The information that you provide us both through this website and through the application will be hosted on the servers of Totem MT Koop. Elk. Txikia, contracted to the company UpCloud OY (hereinafter, UpCloud) with VAT FI24315605 and fiscal address located in Helsinki. The data processing of said entity is regulated by a contract regarding the processing between the provider and said company. In no case will this data processor subcontract services that involve any data processing by third parties without our prior consent.
7. RIGHTS OF CONCERNED INDIVIDUALS
As a concerned User, you can request to exercise the following rights before Totem MT Koop. Elk. Txikia by submitting a letter to the postal address located in the letterhead or by sending an email to firstname.lastname@example.org, indicating as Subject: “LOPD, ARCO Rights”, and attaching a photocopy of your National Identity Document (DNI) or any analogous document, as indicated by law. Rights:
- Access rights: allows the interested party to know and obtain information about their personal data submitted to processing.
- Right to rectification or deletion: it allows to correct errors and modify the data that proves to be inaccurate or incomplete.
- Right to opposition: the right of the interested party to not carry out the processing of their personal data or to cease it.
- Limitation of personal data processing: involves the marking of personal kept data, with the purpose of limiting its’ future processing.
- Portability of the data: facilitation of the data subject to processing to the interested party, so that he or she can transmit it to another person in charge, without impediments.
- The right not to be subject to automated individual decisions (including the elaboration of profiles): the right not to be the subject of a decision based on automated processing that produces effects or significantly affects the User.
As a User, you have the right to withdraw consent given at any time. The withdrawal of consent will not affect the lawfulness of the process carried out before the withdrawal of consent.
You also have the right to submit a claim to the supervisory authority if you believe that your rights may have been violated in relation to the protection of your personal data (agpd.es).
8. INFORMATION WE COLLECT
The data collected by the responsible party is the following:
- Those that Users provide through the different services offered on the website.
- IP address and web browser type of users who buys.
- Those included in the different forms provided on the website
The refusal to supply the obligatory data will result in the impossibility to minister to the particular request in question. You state that the information and data you provide us are accurate, current and true. We ask that in case of modification, communicate such actions immediately so that the information under process is updated at all times and does not contain errors.
If you contract the service/purchase the product through our website www.totemmt.com we will ask you to provide us with information about you, including your name, contact information, and information about a credit or debit card.
9. SOCIAL NETWORKS
We inform you that Totem MT, Koop. Elk. Txikia may have a presence on social networks. The processing of data that is carried out concerning the people who become followers on social networks (and/or carry out any link or connection action through social networks) of the official pages of Totem MT Koop. Elk. Txikia will be governed by this section, as well as those conditions of use, privacy policies, and access regulations that belong to the social network that is appropriate in each case and previously accepted by the User.
Totem MT Koop. Elk. Txikia will process your data with the purpose of correctly managing your presence on social networks, informing you of the provider’s activities, products, or services, as well as for any other purpose that the regulations of the social networks allow.
The publication of the following content is prohibited:
- That are presumably unlawful by national, community, or international regulations or that they carry out activities that are presumably unlawful or contravene the principles of good faith.
- That threaten the fundamental rights of people, lack courtesy in the network, annoy or may generate negative opinions to our Users or third parties and in general whatever the content that Totem MT Koop. Elk. Txikia deems inappropriate.
- In general that contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection, and intellectual and industrial property rights.
Likewise, Totem MT Koop. Elk. Txikia reserves the right to remove, without notice from the website or the corporate social network, those contents deemed inappropriate.
Communications sent through social networks will be incorporated into a file owned by Totem MT Koop. Elk. Txikia, and may send you information of interest.
In any case, if you send personal information through the social network, Totem MT Koop. Elk. Txikia will be exempt from liability in relation to the security measures applicable to this platform, which is the Users’ responsibility to know, by checking the corresponding conditions particular to the network in question.
10. SECURITY MEASURES
The information you provide will be processed confidentially. The Provider has adopted all the technical and organizational measures and all levels of protection necessary to guarantee the security in the processing of the data and to avoid its alteration, loss, theft, processing or unauthorized access, according to the state of technology and nature of the stored data. Likewise, it is also guaranteed that the processing and registration in files, programs, systems or equipment, premises and centers comply with the requirements and conditions of integrity and security established in the current regulations.
12. SUBMITTING OF CV (Curriculum Vitae)
In the event that the User submits his or her CV through our website, we inform him or her that the information provided will be processed to make him or her participant in the selection processes that may exist, carrying out an analysis of the applicant’s profile in order to select the best candidate for the vacancy of the Company (Provider). We inform you that this is the only official procedure to accept your CV, so CVs submitted by another procedure will not be accepted. In case of any change in the data provided, please inform us in writing as soon as possible, in order to keep your data properly updated.
The data will be kept for a maximum period of one year, after which the data will be deleted guaranteeing a total respect to confidentiality both in the processing and in its subsequent destruction. In this sense, after the aforementioned deadline, and if you wish to continue participating in the selection processes of the Company (Provider), please re-submit your CV.
The data may be processed and/or communicated to the member companies of our group during the time of conservation of their curriculum and for the same purposes previously reported.
13. BLOG SUBSCRIPTION
In the event that the User subscribes to the blog, we inform you that the information provided will be processed to manage your subscription to the information blog with update notices and that it will be kept as long as there is a mutual interest to maintain until the end of the agreement. When it is no longer necessary for this purpose, it will be eliminated with adequate security measures to guarantee the pseudonymization of the data or the total destruction of the same. The data will not be communicated to third parties, except within the frame of legal obligations.
14. PUBLICATION OF YOUR TESTIMONIAL
In the event that the User wants to publish their testimonial on the web, we inform you that the information provided will be processed to address the proposed suggestions, experiences, or opinions regarding the products and/or services to be published on the website and thus be able to help other Users.
The data will be kept as long as there is a mutual interest to maintain the purpose of the agreement and when it is no longer necessary for this purpose, it will be deleted with adequate security measures to guarantee the pseudonymization of the data or total destruction of the data. The testimonials will be held for moderation and published on our website if they agree with the point 2.5 of the Legal Notice. The only personal data that will be published about the testimonial will be its name.
Totem MT Koop. Elk. Txikia reserves the right to modify this policy to adapt it to new legislation or jurisprudence dispositions (case law).
For all purposes, the relationship between Totem MT Koop. Elk. Txikia and the Users of its telematic services, present on this Website, are subject to the Spanish legislation and jurisdiction to which the parties expressly submit, being competent for the resolution of all conflicts arising or related to their use the Courts and Tribunals of Gipuzkoa.