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I - General Characteristics
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Within the framework of the existing legislation in effect comprised in Statutory Law 15/1999 for the Protection of Personal Data (LOPD) of December 13, whose purpose is to guarantee and protect the freedoms and fundamental rights of physical persons and particularly their honour and personal privacy.
Consequently, data and information of a personal nature that may be provided to us by our customers or users will be fully confidential to FOTOPRIX, S.A., with the sole exceptions contemplated by the legislation in effect at any given time.
Without detriment to the above and for a more detailed knowledge of this policy, we describe it as follows:
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FIRST - Objective of the privacy policy
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1.1. The objective of the personal data protection policy to which this document refers is the personal data recorded in the physical or data processing support, which make it susceptible to being processed as well as the subsequent use of such data.
1.2. Concerning FOTOPRIX, S.A., the collected data will be used (a) to fully and efficiently comply with the contract for the provision of services of which this document is an annex; (b) to improve the offer of such services; and (c) to customize such services.
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Personal data to be collected as a result of signing the contract for the provision of services through FOTOPRIX.COM, of which the present document is an annex, are only sufficient and pertinent to comply with the purposes of such contract and consequently, will have the following characteristics:
a) Personal data must be accurate, and therefore, updated in order to actually reflect the current status of the interested party. If the personal data are inaccurate, either totally or partially, they shall be cancelled and replaced with the rectified or complete data without detriment to the rectification and cancellation rights that the Law grants the interested parties.
b) They must be stored in such a way that the right of access recognized by the Law to interested parties can be exercised.
c) They must be cancelled if they are not necessary or pertinent to the purposes for which they were collected (for example, if the interested party decides to discontinue the service), without detriment to its conservation during the regulatory terms provided for in favour of the supervisory authorities.
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THIRD - Interested party's consent
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3.1. The processing of the personal data of the interested party will require the party's consent, with the exception of any law stating otherwise.
3.2. Such consent may be revoked due to unjust cause and shall not be retroactive.
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4.1. FOTOPRIX, S.A. has adopted and shall adopt in the future technical and organizational measures that guarantee the security of the personal data and prevent their unauthorized modification, deterioration, loss, processing or access as provided by the law in effect.
4.2. In any event, FOTOPRIX, S.A. will always use state-of-the-art technology in this regard so that the security of the personal data will be in harmony with the provision of customized, fast and efficient services.
4.3. Without detriment to the preceding sections, it is understood that the protection of his/her access data or secret passwords is a critical duty of the interested party and is essential to the effectiveness of any security measure. Consequently, the interested party undertakes the responsibility to protect them and agrees not to disclose such secret access password to any third party.
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5.1. FOTOPRIX, S.A., its managers and personnel engaged in any phase of the processing of personal data are obliged to keep such data as a professional secret.
5.2. The aforesaid duty of secrecy shall subsist even after the managers and/or personnel of FOTOPRIX,S.A. terminate their labour or professional relationship with such company and with regard to the data of the interested party relative to these agreements or general conditions.
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6.1. The personal data that the interested party facilitated to FOTOPRIX, S.A. through the electronic commerce platform or Web page, now or in the future, including the data processing results of the registered members, shall be recorded in the automated files of the company with the purpose of being used by FOTOPRIX, S.A. in compliance with the provisions of this clause.
6.2. FOTOPRIX, S.A. shall use such data (a) to manage the contractual relationship arising out of the contract of which this document is an annex; and (b) to provide the related services, including the possibility that FOTOPRIX, S.A. sends any information or prospects, customized or not, of FOTOPRIX, S.A. products or services or of any third parties, and for any other purposes incompatible with those previously specified. The data may be kept in FOTOPRIX, S.A. files, even after all contractual relationships with the interested parties have ceased to exist, for the exclusive purpose of sending the previously mentioned information or prospects, and in any event, during the legal terms, at the disposal of the supervisory authorities (administrative or judicial).
6.3. The interested party authorises FOTOPRIX, S.A, (a) to report or interconnect such data to other companies part of FOTOPRIX, S.A. group of companies to use them for any of the purposes specified in the preceding paragraphs, considering in both cases that the interested party has been informed of these transfers by virtue of the present clause. The aforesaid consent to report data to third parties may be revoked at all times in conformity with the provisions of the third agreement.
6.4. The entity responsible for the processing of personal data is FOTOPRIX, S.A., whose personal identification data are described in section II, paragraph g) of the "Information precedent to the Contract" included in the Contract for the Provision of Services.
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SEVENTH - Individual rights
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7.1. As a reminder, it is hereby confirmed that in compliance with the legislation in effect:
a) The interested party shall be able to dispute the acts or decisions which imply an evaluation of such interested party's behaviour based only on the processing of personal data giving a definition of his/her characteristics or personality.
b) Any person shall be able to collect information from the General Registry of Data Protection relative to the existence of the processing of personal data, its purposes and the identity of the individual responsible for the processing of the data free of charge.
c) The interested parties shall have the right to access their personal data, and therefore, to request and obtain information regarding such processed personal data and any other related matter in accordance with the provisions of the Law free of charge.
d) The interested party shall also have the right of rectification or cancellation with regard to his/her personal data in the terms provided by the relevant regulations.
7.2. For the exercise of the rights to which reference is made in the preceding sections, the interested party may send his/her request, if he/she may deem it convenient, to the owner and manager of this service, FOTOPRIX, S.A., whose data and address are shown in the "Information precedent to the Contract" (section II, paragraph g), of the Contract for the Provision of Services.
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EIGHTH - Codes of conduct
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8.1. By way of sectorial agreements or covenants, FOTOPRIX, S.A., may formulate or accept one or several types of codes of conduct which establish, relative to its electronic commerce platform, the conditions for organization, method of operation, applicable procedures, security regulations of the environment, software or hardware, obligations of those engaged in the processing and use of personal data as well as the guarantees for the exercise of the individual rights in full observance of the principles and provisions of the Law of Protection of Personal Data and its implementation regulations.
8.2. The formulation or acceptance of such codes of conduct shall be informed to the interested parties, users of FOTOPRIX.COM
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