I. PRIVACY AND DATA PROTECTION POLICY
Respecting the provisions of current legislation, Don Gaucho (hereinafter, also Website) is committed 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 the free movement of such data ( RGPD).
- The Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD).
- Royal Decree 1720/2007, of December 21, which approves the Regulation 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 Services of the Information Society and Electronic Commerce (LSSI-CE).
Identity of the person responsible for the processing of personal data
The person responsible for the processing of personal data collected in Don Gaucho is: DON GAUCHO SPAIN SL., with NIF: B93286961 (hereinafter, Responsible for processing). Your contact information is as follows:
Registration of Personal Data
The personal data collected by Don Gaucho, by means of the forms extended on its pages, will be entered in an automated file under the responsibility of the Responsible for the treatment, and duly declared and registered in the General Registry of the Data Protection Agency that can be consulted on the website of the Spanish Agency for Data Protection (http://www.agpd.es), in order to facilitate, expedite and meet the commitments established between Don Gaucho and the User or the maintenance of the relationship established in the forms it completes, or to respond to a request or query thereof.
Principles applicable to the processing of personal data
The processing of the User’s personal data will be subject to the following principles set forth in article 5 of the RGPD:
- Principle of legality, loyalty and transparency: the consent of the User will be required at all times prior to completely transparent information of the purposes for which the personal data are collected.
- Principle of limitation of purpose: personal data will be collected for specific, explicit and legitimate purposes.
- Principle of minimization of data: the personal data collected will be only those strictly necessary in relation to the purposes for which they are treated.
- Principle of accuracy: personal data must be accurate and always up-to-date.
- Principle of limiting the term of conservation: the personal data will only be maintained in a way that allows the identification of the User during the time necessary for the purposes of his treatment.
- Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
- Principle of proactive responsibility: The controller will be responsible for ensuring that the above principles are met.
Categories of personal data
The categories of data that are treated in Don Gaucho are only identifying data. In no case are special categories of personal data treated in the sense of article 9 of the RGPD.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. Don Gaucho is committed to collect the express and verifiable consent of the User for the processing of their personal data for one or several purposes specific.
The User shall have the right to withdraw his consent at any time. It will be as easy to withdraw the consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.
On occasions in which the User must or may provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, you will be informed in case the completion of any of them is mandatory because they are essential for the proper development of the operation performed.
Purpose of the treatment to which personal data are intended
The personal data is collected and managed by Don Gaucho 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 completes or to answer a request or inquiry.
Likewise, the data may be used for a commercial purpose of personalization, operational and statistical, and activities of the corporate purpose of Don Gaucho, as well as for the extraction, storage of data and studies of marketing to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.
At the moment in which the personal data are obtained, the User will be informed about the purpose or specific purposes of the treatment to which the personal data will be destined; that is, the use or uses that will be given to the information collected.
Periods of retention of personal data
The personal data will only be retained for the minimum time necessary for the purposes of its treatment and, in any case, only during the following term: Until the end of the deal with the client, or until the User requests his /her deletion.
When personal data are obtained, the User will be informed about the period during which the personal data will be kept or, when that is not possible, the criteria used to determine this deadline.
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 it is intended to transfer the data, as well as the existence or absence of a decision of adequacy of the Commission.
Personal data of minors
Respecting the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may grant their consent for the processing of their personal data in a lawful manner by Don Gaucho. If it is a child under 14 years, the consent of the parents or guardians will be necessary for the treatment, and this will only be considered lawful in the measure in which they have authorized it.
Secret and security of personal data
Don Gaucho is committed 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 guarantee the security of personal data and to avoid the accidental or unlawful destruction, loss or alteration of personal data transmitted, conserved or otherwise processed, or unauthorized communication or access to said data.
The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data are transmitted in a secure and confidential manner, as the data is transmitted between the server and the User, and in feedback, fully encrypted or encrypted.
However, because Don Gaucho can not guarantee the inexputability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to communicate the User without undue delay when a breach occurs in the security of personal data that is likely to entail a high risk for the rights and freedoms of natural persons. Following the provisions of article 4 of the RGPD, is understood as a violation of the security of personal data any breach of security that causes the destruction, loss or accidental or unlawful alteration of personal data transmitted, stored or treated of another form, or unauthorized communication or access to said data.
The personal data will be treated as confidential by the Person in charge of the treatment, who undertakes to inform of and to guarantee through a legal or contractual obligation that said confidentiality is respected by its employees, associates, and anyone to whom the information is made accessible.
Rights derived from the processing of personal data
The User has about Don Gaucho and may, therefore, exercise the following rights recognized in the RGPD with the Data Controller:
- Access right: It is the right of the User to obtain confirmation of whether Don Gaucho is treating his /her personal data or not, and if so, to obtain information about his /her personal data and the treatment that Don Gaucho has made or performed, as well as, among others, the information available on the origin of said data and the recipients of the communications made or planned thereof.
- Right to rectification: It is the right of the User to modify their personal data that prove to be inaccurate or, taking into account the purposes of the treatment, incomplete.
- Right of withdrawal (“the right to be forgotten”): It is the right of the User, provided that the legislation in force does not establish otherwise, to obtain the deletion of his personal data when these are no longer necessary for the purposes for which were collected or treated; the User has withdrawn his consent to the treatment and this does not have another legal basis; the User is opposed to the treatment and there is no other legitimate reason to continue with it; the personal data have been treated illicitly; personal data should be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of services by the company the information to a child under 14 years. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its application, must take reasonable measures to inform those responsible that are treating the personal data of the request of the interested party to suppress any link to that personal data.
- Right to the limitation of the treatment: It is the User’s right to limit the processing of their personal data. The User has the right to obtain the limitation of the treatment when he challenges the accuracy of his personal data; the treatment is illicit; The Person in charge of the treatment no longer needs the personal data, but the User needs it to make claims; and when the User has opposed the treatment.
- Right to data portability: If the processing is carried out by automated means, the User shall have the right to receive from the Data Controller their personal data in a structured format, commonly used and mechanical reading, and to transmit them to another person in charge of the treatment. Whenever technically possible, the Data Controller will transmit the data directly to that other person in charge.
- Opposition right: It is the right of the User to not carry out the processing of their personal data or to cease the processing thereof by Don Gaucho.
- Right not to be subject to a decision based solely on automated processing, including profiling: It is the right of the User not to be the subject of an individualized decision based solely on the automated processing of your personal data, including the preparation of profiles, existing unless the current legislation establishes otherwise.
Thus, the User may exercise their rights by written communication addressed to the Person in charge of the processing with the reference “RGPD – don-gaucho.com“, specifying:
- Name, surname of the User and copy of the DNI. In the cases in which the representation is admitted, it will also be necessary the identification by the same means of the person representing the User, as well as the document accrediting the representation. The photocopy of the DNI may be substituted, by any other means valid in law that proves the identity.
- Petition with the specific reasons for the request or information that you want to access.
- Address for notifications.
- Date and signature of the applicant.
- Any document that certifies the request made.
This application and any other attached document can be sent to the following address and /or email:
Mailing address: calle Acuario 21, 29649 Málaga España
Links to third-party websites
The Website may include hyperlinks or links that allow access to web pages of third parties other than Don Gaucho, and that therefore are not operated by Don Gaucho. 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.
Claims before the supervisory authority
In the event that the User considers that there is a problem or infringement of current regulations in the way in which their personal data are being processed, they will be entitled to effective judicial protection and to submit a claim to a control 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 control authority is the Spanish Agency for Data Protection (http://www.agpd.es).
It is necessary that the User has read and is satisfied with the conditions on the protection of personal data contained in this Privacy and Cookies Policy, as well as accepting the processing of their personal data, so that the Responsible for the treatment can proceed to the same in the form, during the deadlines and for the purposes indicated. The use of the Website will imply the acceptance of the Privacy and Cookies Policy of the same.
Don Gaucho reserves the right to modify its Privacy and Cookies Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Agency for Data Protection. The Changes or updates to this Privacy and Cookies Policy will be notified explicitly to the User.
This Privacy and Cookies Policy was updated on June 13, 2018 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons in regarding the processing of personal data and the free circulation of these data (RGPD).