https://www.thesmartpartner.com/

 

I. PRIVACY POLICY AND DATA PROTECTION

 

In compliance with current legislation, The Smart Partner (hereinafter, also Website) undertakes to adopt the necessary technical and organizational measures, according to the security level appropriate to the risk of the data collected.

Laws incorporated by this privacy policy

This privacy policy is adapted to the current Spanish and European regulations on the protection of personal data on the internet. Specifically, it respects the following rules:

• Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

   

• Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights (LOPD-GDD).

   

• Royal Decree 1720/2007, of December 21, which approves the Regulation implementing Organic Law 15/1999, of December 13, on Personal Data Protection (RDLOPD).

   

• Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).

Identity of the controller of personal data

The controller of the personal data collected on The Smart Partner is: THE SMART PARTNER, provided with NIF/CIF: LV40203549162 and registered in: with the following registration details: , whose representative is: (hereinafter, Data Controller). Their contact details are as follows:

• Address: Raina Bulvaris 27, 35 Riga LV1050 Latvia

• Contact Phone:

• Contact Email: ivan@thesmartpartner.com

Record of Personal Data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by The Smart Partner, through the forms extended on its pages, will be incorporated and processed in our file in order to facilitate, speed up, and fulfill the commitments established between The Smart Partner and the User or the maintenance of the relationship established in the forms that the latter fills out, or to respond to a request or query from them.

Likewise, in accordance with the provisions of 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 that specifies, according to its purposes, the processing activities carried out and the other circumstances established in the GDPR.

Principles applicable to the processing of personal data

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

• Principle of lawfulness, fairness, and transparency: The User’s consent will be required at all times, after completely transparent information about the purposes for which the personal data is collected.

• Principle of purpose limitation: Personal data will be collected for specified, explicit, and legitimate purposes.

• Principle of data minimization: The personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.

• Principle of accuracy: Personal data must be accurate and always up to date.

• Principle of storage limitation: Personal data will be kept only in a way that allows the identification of the User for the time necessary for the purposes of its processing.

• Principle of integrity and confidentiality: Personal data will be processed in a way that guarantees its security and confidentiality.

• Principle of proactive responsibility: The Data Controller will be responsible for ensuring that the previous principles are met.

Categories of personal data

The categories of data processed at The Smart Partner are solely identification data. In no case are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. The Smart Partner undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.

The User shall have the right to withdraw their consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.

In cases where 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, they will be informed in case the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.

Purposes of the processing to which personal data are destined

Personal data is collected and managed by The Smart Partner for the purpose of being able to facilitate, speed up, and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills out or to respond to a request or query.

Likewise, the data may be used for commercial purposes of personalization, operation, and statistics, and activities proper to the corporate purpose of The Smart Partner, as well as for the extraction, storage of data, and marketing studies to adapt the Content offered to the User, as well as improve the quality, operation, and navigation of the Website.

At the time personal data is obtained, the User will be informed about the specific purpose or purposes of the processing to which the personal data will be destined; that is, the use or uses that will be given to the information collected.

Personal data retention periods

Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 18 months, or until the User requests its deletion.

At the time personal data is 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 period.

Recipients of personal data

The User’s personal data will be shared with the following recipients or categories of recipients:

• Tetyana Sydorenko Flerchuk

• The Smart Partner

• Raina Bulvaris 27, 35 Riga

• LV1050

• Latvia

In the event that the Data Controller intends to transfer personal data to a third country or international organization, at the time personal data is obtained, the User will be informed about the third country or international organization to which the data is intended to be transferred, as well as the existence or absence of an adequacy decision by the Commission.

Personal data of minors

In compliance with the provisions of Articles 8 of the GDPR and 7 of Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, only those over 14 years of age may grant their consent for the lawful processing of their personal data by The Smart Partner. If it is a minor under 14 years of age, the consent of the parents or guardians will be necessary for the processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

The Smart Partner undertakes to adopt the necessary technical and organizational measures, according to the security level appropriate to the risk of the data collected, in such a way as to guarantee the security of personal data and avoid the accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or processed in another way, or unauthorized communication or access to such data.

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

However, because The Smart Partner cannot guarantee the impregnability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a personal data security breach occurs that is likely to pose a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a personal data security breach is understood as any security breach that results in the accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or processed in another way, or unauthorized communication or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform of and guarantee by means of a legal or contractual obligation that said confidentiality is respected by its employees, associates, and all persons to whom the information is made accessible.

Rights derived from the processing of personal data

The User has rights over The Smart Partner and may, therefore, exercise the following rights recognized in the GDPR and Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, before the Data Controller:

• Right of access: It is the User’s right to obtain confirmation of whether or not The Smart Partner is processing their personal data and, if so, obtain information about their specific personal data and the processing that The Smart Partner has carried out or performs, as well as, among other things, the information available on the origin of said data and the recipients of the communications made or planned for them.

• Right of rectification: It is the User’s right to have their personal data that prove to be inaccurate or, taking into account the purposes of the processing, incomplete, modified.

• Right to erasure (“right to be forgotten”): It is the User’s right, provided that current legislation does not establish otherwise, to obtain the erasure of their personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent to the processing and this does not have another legal basis; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data has been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its application, must adopt reasonable measures to inform the controllers who are processing the personal data of the data subject’s request for the erasure of any link to that personal data.

   

• Right to restriction of processing: It is the User’s right to limit the processing of their personal data. The User has the right to obtain the limitation of processing when they challenge the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.

   

• Right to data portability: In case 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, commonly used, and machine-readable format, and to transmit them to another controller. Whenever technically possible, the Data Controller will directly transmit the data to that other controller.

   

• Right to object: It is the User’s right to have the processing of their personal data not carried out or to have the processing of the same ceased by The Smart Partner.

• Right not to be subject to a decision based solely on automated processing, including profiling: It is the User’s right not to be subject to an individualized decision based solely on the automated processing of their personal data, including profiling, unless current legislation establishes otherwise.

Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference “RGPD-https://www.thesmartpartner.com/“, specifying:

• Name, surname of the User, and copy of the ID. In cases where representation is admitted, identification by the same means of the person representing the User will also be necessary, as well as the document accrediting the representation. The photocopy of the ID may be substituted by any other legally valid means that proves the identity.

   

• Request with the specific reasons for the request or information to which access is desired.

• Address for notification purposes.

• Date and signature of the applicant.

• Any document that supports the request made.

This request and any other attached document may be sent to the following address and/or email:

• Postal address: Raina Bulvaris 27, 35 Riga LV1050 Latvia

• Email: ivan@thesmartpartner.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites other than The Smart Partner, and which are therefore not operated by The Smart Partner. The owners of said websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Complaints before the supervisory authority

In the event that the User considers that there is a problem or infringement of current regulations in the way their personal data is being processed, they shall have the right to effective judicial protection and to file a complaint with a supervisory authority, in particular, in the State in which they have their habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.aepd.es/).

 

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

 

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as accepting the processing of their personal data so that the Data Controller can proceed with it in the manner, during the periods, and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.

The Smart Partner reserves the right to modify its Privacy Policy, according to its own criterion, or motivated by a legislative, jurisprudential, or doctrinal change of the Spanish Data Protection Agency. The changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is recommended to consult this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.