In compliance with Regulation (EU) 2016/679 of the European Parliament and Council, of April 27, 2016 (hereinafter GDPR), MARKETING & MÁQUINAS INTERNACIONAL S.L. (hereinafter MARK & MAQ) outlines this Policy regarding the processing and protection of personal data.
Data of the data controller:
MARKETING & MÁQUINAS INTERNACIONAL S.L.
C.I.F.: B01275619
AVDA. LOS OLMOS Nº 1 ED. D1 OF. 2020
1013 VITORIA-GASTEIZ
T. 945 221712
Email: mark_maq@infonegocio.comContact details of the Data Protection Officer:
conta.markmaq@gmail.com
Scope of application
This Policy will apply to:Individuals who visit the MARK & MAQ website, mark_maq@infonegocio.com.
Individuals who voluntarily contact MARK & MAQ through email, chat, or complete any of the data collection forms published on the MARK & MAQ website.Individuals who request information about MARK & MAQ's products and services or wish to participate in any of MARK & MAQ's commercial activities.Individuals who establish a contractual relationship with MARK & MAQ by contracting their products and services.
Individuals who use any other service on the website that involves providing data to MARK & MAQ or granting access to data by MARK & MAQ for the provision of services.Any other individuals who, directly or indirectly, have given their explicit consent for their data to be processed by MARK & MAQ for any of the purposes outlined in this Policy.
The use of MARK & MAQ's products and services requires the explicit acceptance of this Policy.
MARK & MAQ advises that, unless there is a legally established representation, no user and/or customer may use another person's identity or communicate their personal data.
Therefore, the data provided to MARK & MAQ must be personal, corresponding to the user's own identity, adequate, relevant, up-to-date, accurate, and true. In this regard, the user and/or customer will be solely responsible for any direct or indirect damage caused to third parties or to MARK & MAQ due to the use of another person's data or their own data when it is false, incorrect, outdated, inappropriate, or irrelevant. Likewise, the user and/or customer who communicates the personal data of a third party will be responsible for having obtained the necessary authorization from the person concerned, as well as for the consequences if they fail to do so.
Similarly, the user and/or customer who provides personal data to MARK & MAQ declares that they are of legal age, in accordance with Spanish legislation, and abstains from providing data to MARK & MAQ in the event of being underage. Any data provided concerning a minor will require the prior consent or authorization of their parents, guardians, or legal representatives, who will be considered responsible for the data provided by minors under their care.
This Policy will apply subsidiarily to other conditions regarding the protection of personal data that are specially established and communicated, without limitation, through registration forms, contracts, and/or specific service terms and conditions, and is therefore complementary to those mentioned when not expressly provided in the latter.
Purposes of the collection and processing of personal data
MARK & MAQ, as the data controller, informs users of the existence of several data processing operations and files where personal data communicated to MARK & MAQ is collected and stored.
The purposes of the collection and processing of personal data are as follows:
Regarding the 'cookies' that MARK & MAQ uses on its websites 'www.markmaq.es,' these are stored on the user's terminal device (computer or mobile device) and collect information when visiting these websites, with the purpose of improving usability, understanding the browsing habits or needs of users to adapt to them, and obtaining information for statistical purposes. In the case of users who are already customers of MARK & MAQ, the information gathered through cookies will also be used to identify them when accessing the various tools that MARK & MAQ provides for service management. In any case, users can configure their browser to disable or block the receipt of all or some cookies. Not wishing to receive these cookies does not prevent access to the information on MARK & MAQ websites, although the use of some services may be limited. If consent for receiving cookies has been given and later needs to be withdrawn, the cookies stored on the user's device must be deleted through the options in the different browsers. All information regarding the cookies used by MARK & MAQ is published in its Cookie Policy, available for consultation at https://www.markmaq.es/legal/cookies.
In the case of sending an email to MARK & MAQ or communicating personal data through any other means, such as a contact form, the purpose of collecting and processing such data by MARK & MAQ is to address inquiries and requests for information regarding MARK & MAQ's products and services.
In the case of sending an email to MARK & MAQ related to their job offers, such data will be processed to participate in the recruitment procedures.
In the case of sending an email to MARK & MAQ related to their job offers, such data will be processed to participate in the personnel selection procedures.
In the contracting of the services offered by MARK & MAQ, only those personal data necessary to establish the contractual relationship and enable the provision of services and their payment by the clients will be collected. These data will be collected and processed for the following purposes:
Here is the translation to English:"The main purpose will be the maintenance of the contractual relationship established with the client, in accordance with the nature and characteristics of the contracted services, with MARK & MAQ contacting the client through the email address, phone, or other means provided by the client."
For the sending of documentation and information related to the contracted services, as well as for the sending of commercial and advertising communications about the same or similar services by MARK & MAQ, through postal mail, email, phone, SMS, or other means indicated by the client, unless the client expressly objects at the time of contracting.
For the maintenance of historical records of commercial relationships during the legally established periods.
In those cases where MARK & MAQ must access and/or process personal data for which the client is the data controller or processor, MARK & MAQ will process such data as the data processor in accordance with the provisions of Article 28 of the GDPR and as outlined in the section titled “MARK & MAQ as Data Processor” included in this Policy.
In compliance with the provisions of Law 25/2007, of October 18, on the retention of data related to electronic communications and public communication networks, MARK & MAQ informs the user that certain traffic data generated during the communication process will be retained and stored, and, where applicable, such data will be communicated to the competent authorities when the legal circumstances provided for in this Law are met.
For all other purposes that are expressly outlined in the Specific Terms applicable to the product or service contracted by the client and expressly accepted by them.
Retention period of personal data
MARK & MAQ will retain personal data for the time strictly necessary to fulfill the purposes previously outlined. MARK & MAQ may keep such data duly blocked for the period in which responsibilities could arise from its relationship with the client.
In the case of data retained due to Law 25/2007, of October 18, on the retention of data related to electronic communications and public communication networks, the retention period will be as specified in that regulation. Recipients of personal data
The recipients of the personal data collected by MARK & MAQ will be as follows:
MARK & MAQ employees themselves, in the performance of their duties.
MARK & MAQ's suppliers who are involved in the provision of services, in the event that this is necessary for the provision thereof.
Companies that are part of the Group of Companies to which MARK & MAQ belongs, understood as defined in article 42 of the Commercial Code, whose activity is the marketing of services of an identical or similar nature to those offered by MARK & MAQ, such as Internet presence services, managed hosting, cloud computing or advanced technological infrastructure solutions.
Judicial or administrative bodies, as well as State Security Forces, in the event that MARK & MAQ is required under current legislation to provide information related to its customers and services.
Anyone else who, due to the nature of the service, needs to access the data provided with it, as detailed in the Specific Conditions that apply to the corresponding product or service contracted by the client and expressly accepted by them.
User Rights and Exercise Thereof
Users may exercise the following rights recognized by the GDPR at any time:
Right of access.
Users have the right to obtain information from MARK & MAQ about whether their personal data is being processed, to access such data, and to obtain details about the processing carried out.
Right to obtain a copy of their personal data.
Right to rectification.
Users have the right to have MARK & MAQ correct their personal data if it is inaccurate or incomplete.
Right to erasure.
Users have the right to have their data deleted when it is no longer necessary for the purpose for which it was provided or when other legally established circumstances apply.
Right to restriction of processing.
Users have the right to request a restriction on the processing of their personal data, so that the processing operations that would normally apply are not carried out, in the cases provided for in Article 18 of the GDPR.
Right to data portability.
Users have the right to receive their personal data in a structured format, provided that the data concerns only the user and has been provided by them.
Users may exercise these rights in the following ways:
Whether they are customers of MARK & MAQ or not, users can exercise their rights by sending an email to mark_maq@infonegocio.com, specifying the right they wish to exercise.
In cases of manifestly unfounded or excessive requests due to their repetitive nature, MARK & MAQ reserves the right to charge a fee for the administrative costs incurred or to refuse to act on such requests, in accordance with Article 12.5 of the GDPR.
Supervisory AuthorityUsers and/or customers may contact the relevant local supervisory authority if they believe that the processing of their personal data has not been carried out in accordance with current legislation.The data protection supervisory authority in Spain is the Spanish Data Protection Agency (AEPD), whose contact details can be found on its website: http://www.agpd.es/portalwebAGPD/CanalDelCiudadano/contacteciudadano/index-ides-idphp.php.
International Data TransfersFor MARK & MAQ products and services that require international data transfers to enable their provision, this will be specified in the Specific Terms and Conditions applicable to the corresponding product or service, which the client must expressly accept beforehand.
MARK & MAQ as Data ProcessorIn accordance with Article 28 of the GDPR and related provisions, MARK & MAQ will process personal data for which the client acts as the data controller or processor, whenever necessary for the proper provision of the contracted services. In such cases, MARK & MAQ will act as a data processor, under the following terms:
MARK & MAQ will only process the data in accordance with the instructions of the client acting as the data controller or processor, and will not use them for any purpose other than those stated in this Privacy Policy and/or the applicable contractual terms.
Once the provision of services that justify the processing of personal data has been completed, the data will be destroyed, along with any media or documents containing personal data or any information generated during, for, and/or as a result of the service provision under the applicable Terms. Notwithstanding the above, MARK & MAQ may retain such data properly blocked for the period during which liabilities may arise from its relationship with the client.
In the event that MARK & MAQ assigns the data to another purpose or discloses or uses it in violation of this Data Protection Policy and/or the corresponding Service Terms, it will also be considered responsible for the processing.
MARK & MAQ undertakes, in accordance with Article 28 of the GDPR, to maintain the appropriate professional secrecy regarding the personal data to which it must access and/or process in order to fulfill the purpose of the applicable Service Terms in each case, both during and after the termination of these services. It commits to using this information solely for the intended purpose in each case and to require the same level of commitment from any individual within its organization who participates in any phase of the processing of personal data under the responsibility of the client.
In accordance with the provisions of the GDPR, the following rules will apply regarding the manner and modalities of access to the data for the provision of services:
In the event that MARK & MAQ needs to access the processing resources located at the client's facilities, the client will be responsible for establishing and implementing the security policies and measures, as well as communicating them to MARK & MAQ, who commits to respecting them and ensuring their compliance by the individuals within its organization involved in the provision of services.
When MARK & MAQ remotely accesses the data processing resources under the client's responsibility, the client must establish and implement security policies and measures for their remote processing systems, while MARK & MAQ is responsible for establishing and implementing security policies and measures for its own local systems.
When the service is provided by MARK & MAQ at its own premises, MARK & MAQ will record the circumstances related to the data processing in its Activity Register, as required by the GDPR, including the security measures corresponding to such processing.
The access and/or processing of data by MARK & MAQ, without prejudice to any specific legal or regulatory provisions in force that may apply in each case or those that MARK & MAQ may adopt on its own initiative, will be subject to the necessary security measures to:
Guarantee the confidentiality, integrity, availability, and permanent resilience of the systems and processing services.
Restore the availability and access to personal data quickly in case of a physical or technical incident.
Regularly verify, evaluate, and assess the effectiveness of the technical and organizational measures implemented to ensure the security of the processing.
Pseudonymize and encrypt personal data, where applicable.
The access and/or processing of data by MARK & MAQ, notwithstanding the specific legal or regulatory provisions in force that may apply in each case or those that MARK & MAQ may adopt on its own initiative, will be subject to the necessary security measures to:
Ensure the confidentiality, integrity, availability, and permanent resilience of the processing systems and services.
Restore the availability and access to personal data quickly in the event of a physical or technical incident.
Regularly verify, evaluate, and assess the effectiveness of the technical and organizational measures implemented to ensure the security of the processing.
Pseudonymize and encrypt personal data, where applicable.
The client authorizes MARK & MAQ to carry out the following actions, as long as they are necessary for the execution of the services. This authorization is limited to the actions necessary for the provision of each service and with a maximum duration linked to the validity of the applicable contractual terms:
To carry out the processing of personal data on portable devices only by the users or user profiles assigned to the provision of the services.
To carry out processing outside the premises of the client or MARK & MAQ, only by the users or user profiles assigned to the provision of the services.
The entry and exit of media and documents containing personal data, including those included in and/or attached to an email, outside of the premises under the control of the client responsible for the processing.
The execution of data recovery procedures that MARK & MAQ is required to perform.
MARK & MAQ is not responsible for non-compliance with the obligations derived from the GDPR or the corresponding data protection regulations by the user and/or client in relation to their activities that pertain to the execution of the contract or commercial relationships with MARK & MAQ. Each party shall bear the responsibility arising from its own non-compliance with contractual obligations and applicable regulations.
