Privacy Policy of the Website
Respecting what is established in current legislation, San Sebastian Walking Tours (hereinafter also the Website) undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.
Laws incorporated into this privacy policy
This privacy policy is adapted to current Spanish and European regulations regarding the protection of personal data on the internet. Specifically, it complies with the following rules:
The Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR).
Organic Law 3/2018, of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights (LOPD-GDD).
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 Information Society Services and Electronic Commerce (LSSI-CE).
Identity of the controller of personal data processing
The controller of the personal data collected on San Sebastian Walking Tours is: Keith Edward Schimmel, with NIF: Y1955593D (hereinafter, Data Controller). The contact details are as follows:
Address: Kale Nagusia 9 Irura, Guipuzcoa 20271
Contact phone: +34.654682727
Contact email: [email protected]
Registry of Personal Data
In compliance with the GDPR and the LOPD-GDD, we inform you that the personal data collected by San Sebastian Walking Tours, through the forms on its pages, will be incorporated and processed in our file in order to facilitate, expedite, and fulfill the commitments established between San Sebastian Walking Tours 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 the User. 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 specifying, according to their 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 User’s personal data will be subject to the following principles set out in article 5 of the GDPR and in article 4 and following of Organic Law 3/2018, of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights:
Principle of lawfulness, fairness, and transparency: The User’s consent will be required at all times after providing completely transparent information on the purposes for which the personal data are collected.
Purpose limitation principle: Personal data will be collected for specific, explicit, and legitimate purposes.
Data minimization principle: The personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
Accuracy principle: Personal data must be accurate and kept up to date.
Storage limitation principle: Personal data will only be kept in a form that allows the identification of the User for the time necessary for the purposes of their processing.
Integrity and confidentiality principle: Personal data will be processed in a way that ensures its security and confidentiality.
Principle of proactive responsibility: The Data Controller shall be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed at San Sebastian Walking Tours are only identifying data. Under no circumstances 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. San Sebastian Walking Tours 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. Withdrawing consent shall be as easy as giving it. As a general rule, the withdrawal of consent shall not affect 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 if the completion of any of them is mandatory because they are essential for the proper development of the operation carried out.
Purposes of the processing to which the personal data are destined
Personal data is collected and managed by San Sebastian Walking Tours for the purpose of facilitating, expediting, and fulfilling the commitments established between the Website and the User or maintaining the relationship established in the forms filled out by the latter or to respond to a request or query.
Likewise, the data may be used for a commercial purpose of customization, operational and statistical, and activities inherent to the corporate purpose of San Sebastian Walking Tours, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation, and navigation of the Website.
At the time the personal data are 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 collected information.
Retention periods for personal data
Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 12, or until the User requests their deletion.
At the time the personal data are obtained, the User will be informed about the period during which the personal data will be kept or, when this is not possible, the criteria used to determine this period.
Recipients of personal data
The User’s personal data will not be shared with third parties.
In any case, at the time the personal data are obtained, the User will be informed about the recipients or categories of recipients of the personal data.
Personal data of minors
Respecting what is established in articles 8 of the GDPR and 7 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights, only those over 14 years of age may give their consent to the processing of their personal data by San Sebastian Walking Tours in a lawful manner. If the User is 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
San Sebastian Walking Tours undertakes 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 avoid its destruction, loss, or alteration, accidental or unlawful, of personal data transmitted, stored, or otherwise processed, 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 or encrypted
.
However, since San Sebastian Walking Tours 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 inform the User without undue delay when a breach of the security of personal data occurs that is likely to result in a high risk to the rights and freedoms of natural persons. Pursuant to article 4 of the GDPR, a breach of the security of personal data is understood to be any breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored, or otherwise processed.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform and guarantee, by means of a legal or contractual obligation, that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.
Rights derived from the processing of personal data
The User has, with respect to San Sebastian Walking Tours, and may therefore exercise against the Data Controller the following rights recognized in the GDPR and Organic Law 3/2018, of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights:
Right of access: It is the User’s right to obtain confirmation of whether San Sebastian Walking Tours is processing their personal data and, if so, to obtain information about their specific personal data and the processing that San Sebastian Walking Tours has carried out or is carrying out, as well as, among other things, the information available on the origin of such 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 modified if they are inaccurate or, taking into account the purposes of the processing, incomplete.
Right to erasure («the 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 there is no other legal basis for the processing; the User objects to the processing and there are no legitimate reasons to continue with it; the personal data have been unlawfully processed; the personal data must be erased in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a child 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 implementation, must take reasonable measures to inform the data controllers who are processing the personal data of the data subject’s request for deletion of any links to that personal data.
Right to restrict processing: It is the User’s right to restrict the processing of their personal data. The User has the right to obtain the restriction of processing when challenging 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 file claims; and when the User has objected to the processing.
Right to data portability: Where 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 data controller. Where technically feasible, the Data Controller shall transmit the data directly to that other controller.
Right to object: It is the User’s right not to have their personal data processed or to have it ceased to be processed by San Sebastian Walking Tours.
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 automated processing of their personal data, including profiling, unless current legislation provides otherwise.
Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference «GDPR-https://www.sansebastianwalkingtours.com/», specifying:
Name, surname of the User, and copy of the ID. In cases where representation is admitted, the identification of the person representing the User by the same means, as well as the document accrediting the representation, will also be necessary. The photocopy of the ID may be substituted by any other valid means in law that proves the identity.
Request with the specific reasons for the request or information to which access is requested.
Address for notifications.
Date and signature of the applicant.
Any document supporting the request made.
This request and any other attached document may be sent to the following address and/or email:
Postal address: Kale Nagusia 9 Irura, Guipuzcoa 20271
Email: [email protected]
Links to third party websites
The Website may include hyperlinks or links that allow access to third-party websites other than San Sebastian Walking Tours, and therefore are not operated by San Sebastian Walking Tours. 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.
Complaints to 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 have the right to effective judicial protection and to lodge 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 for the User to have read and agree to the conditions on the protection of personal data contained in this Privacy Policy, as well as to accept 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 implies acceptance of its Privacy Policy.
San Sebastian Walking Tours reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential, or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. It is recommended that the User consult this page periodically to be aware of the latest changes or updates.
This Privacy Policy was updated to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights