I. Privacy and Data Protection Policy

Legislation covered by this Privacy Policy

This Privacy Policy has been adapted to comply with current Spanish and European legislation on the protection of personal data online. In particular, it complies with the following legislation:

• Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
• 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).
• Royal Decree 1720/2007 of 21 December, approving the implementing regulations for Organic Law 15/1999 of 13 December on the Protection of Personal Data (RDLOPD).
• Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the Data Controller

Identity: Dr. Oihane García Senosiain ("Dr. García")

Address: Plaça Dr. Letamendi 28, ENT, 08007, Barcelona

DNI: 33439460J

Contact email: info@oihanegarcia.com

Telephone: (+34) 623 785 228

Register of Personal Data

In compliance with the GDPR and the LOPD-GDD, we inform you that personal data collected by Dr. García through forms available on her pages will be incorporated into and processed in our records for the purpose of facilitating, streamlining and fulfilling the commitments established between Dr. García and the User, maintaining the relationship established through the forms completed by the User, or responding to a request or enquiry. Furthermore, in accordance with the GDPR and the LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is maintained, specifying, according to their purposes, the processing activities carried out and the other circumstances established by the GDPR.

Principles applicable to the processing of personal data

The processing of the User’s personal data shall be subject to the following principles set out in Article 5 of the GDPR and Article 4 et seq. of Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights:

• Principle of lawfulness, fairness, and transparency: the User’s consent will be required at all times, following fully transparent information about the purposes for which personal data are collected.
• Principle of purpose limitation: personal data shall be collected for specified, explicit and legitimate purposes.
• Principle of data minimisation: only personal data that are strictly necessary in relation to the purposes for which they are processed shall be collected.
• Principle of accuracy: personal data must be accurate and kept up to date at all times.
• Principle of storage limitation: personal data shall only be retained in a form that allows the User to be identified for as long as necessary for the purposes for which they are processed.
• Principle of integrity and confidentiality: personal data shall be processed in a manner that ensures their security and confidentiality.
• Principle of accountability: the Data Controller shall be responsible for ensuring compliance with the above principles.

Categories of personal data

The categories of data processed through the Website are limited to identification data. Under no circumstances are special categories of personal data as defined in Article 9 of the GDPR processed.

Legal basis for the processing of personal data

Dr. García undertakes to obtain the User’s express and verifiable consent to 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 shall be as easy as giving it. As a general rule, withdrawing consent will not affect the User’s use of the Website.

Where the User must or may provide their data through forms in order to make enquiries, request information or for reasons related to the content of the Website, they will be informed if completion of any of the forms is mandatory because the information requested is essential for the proper processing of the relevant request or transaction.

Purposes for which personal data are processed

Personal data are collected and processed by Dr. García for the purpose of facilitating, streamlining and fulfilling the commitments established between the Website and the User, maintaining the relationship established through forms completed by the User, or responding to a request or enquiry.

Personal data may also be used for commercial personalisation, operational and statistical purposes, and for activities relating to the corporate purpose of Dr. García.

Retention periods for personal data

Personal data shall only be retained for the minimum period necessary for the purposes for which they are processed, or until the User requests their deletion.

Recipients of personal data

If the Data Controller intends to transfer personal data to a third country or international organisation, the User shall be informed, at the time the personal data are collected, of the third country or international organisation to which the data are intended to be transferred, as well as whether or not an adequacy decision has been adopted by the European Commission.

Personal data of minors

In accordance with Article 8 of the GDPR and Article 7 of Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, only persons over the age of 14 may lawfully provide consent to the processing of their personal data by Dr. García. In the case of a person under 14, parental or guardian consent will be required for the processing of their data, and such processing will only be considered lawful to the extent that this consent has been provided.

Confidentiality and security of personal data

Dr. García undertakes to adopt the technical and organisational measures necessary, in accordance with the level of security appropriate to the risk associated with the data collected, 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 the unauthorised disclosure of or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data are transmitted securely and confidentially, as data transmitted between the server and the User, and in the reverse direction, are fully encrypted.

However, as Dr. García cannot guarantee the security of the Internet or the complete absence of hackers or others who may fraudulently access personal data, the Data Controller undertakes to inform the User without undue delay if a personal data breach occurs that is likely to result in a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a personal data breach means a breach of security that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised disclosure of or access to such data.

Personal data shall be treated as confidential by the Data Controller, who undertakes to inform its employees, associates and any person to whom the information is made available of this obligation and to ensure, through a legal or contractual obligation, that such confidentiality is respected.

Rights arising from the processing of personal data

The User may exercise the following rights against the Data Controller, as recognised under the GDPR and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights:

• Right of access: the User has the right to obtain confirmation as to whether or not Dr. García is processing their personal data and, if so, to obtain information about the specific personal data concerned and the processing carried out or to be carried out by Dr. García, as well as, among other information, any available information concerning the origin of such data and the recipients of any communications made or intended to be made.
• Right to rectification: the User has the right to have inaccurate personal data concerning them corrected or, taking into account the purposes of the processing, to have incomplete personal data completed.
• Right to erasure (“right to be forgotten”): the User has the right, unless otherwise provided by applicable legislation, to obtain the erasure of their personal data where the data are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent and there is no other legal basis for the processing; the User objects to the processing and there are no overriding legitimate grounds for continuing it; the personal data have been unlawfully processed; the personal data must be erased to comply with a legal obligation; or the personal data were collected in connection with the direct provision of information society services to a person under 14. In addition to erasing the data, the Data Controller, taking into account available technology and the cost of implementation, shall take reasonable steps to inform other data controllers processing the personal data of the data subject’s request to erase any links to, or copies or replications of, those personal data.
• Right to restriction of processing: the User has the right to restrict the processing of their personal data. The User has the right to obtain restriction of processing where they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User requires them for the establishment, exercise or defence of legal claims; or the User has objected to the processing.
• Right to data portability: where 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 those data to another Data Controller. Where technically feasible, the Data Controller shall 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 or to request that Dr. García cease processing them.
• Right not to be subject to a decision based solely on automated processing, including profiling: the User has the right not to be subject to a decision based solely on automated processing of their personal data, including profiling, except where otherwise provided by applicable legislation.

The User may therefore exercise their rights by sending a written request to the Data Controller, quoting the reference “GDPR-oihanegarcia.com” and specifying:

• The User’s first name and surname and a copy of their DNI. Where representation is permitted, the identity of the person representing the User must also be provided by the same means, together with documentary evidence of their authority to act on the User’s behalf. A photocopy of the DNI may be replaced by any other legally valid means of verifying identity.
• The specific reasons for the request or the information to which access is being requested.
• An address for notification purposes.
• The date and signature of the applicant.
• Any document supporting the request being made.

This request and any accompanying documents may be sent to the following postal address and/or email address:

Postal address: Plaça Dr. Letamendi 28, ENT, 08007, Barcelona

Email: info@oihanegarcia.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to websites operated by third parties other than Dr. García and therefore not operated by Dr. García. The owners of such websites will have their own data protection policies and will, in each case, be responsible for their own records and privacy practices.

Complaints to the supervisory authority

If the User believes that there is a problem or breach of applicable legislation in the way their personal data are being processed, they have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the Member State where they have their habitual residence, place of work or where the alleged infringement took place. In Spain, the supervisory authority is the Spanish Data Protection Agency (Agencia Española de Protección de Datos) (https://www.aepd.es/).