PRIVACY POLICY

PRIVACY POLICY

I. PRIVACY POLICY AND DATA PROTECTION

In compliance with current legislation, Montgó Bikes (hereinafter, also the Website) is committed to adopting the necessary technical and organizational measures, according to the appropriate security level relative to the risk of the collected data.

Laws incorporated into this privacy policy

This privacy policy is adapted to current Spanish and European regulations regarding personal data protection on the internet. Specifically, it complies with the following standards:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals concerning the processing of personal data and the free movement of such data (GDPR).
  • Organic Law 3/2018, of December 5, on Personal Data Protection and the guarantee of digital rights (LOPD-GDD).
  • Royal Decree 1720/2007, of December 21, approving the Regulation for the development of Organic Law 15/1999, of December 13, on Personal Data Protection (RDLOPD).
  • Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the data controller

The data controller for the personal data collected by Montgó Bikes is: María José Gaillur, with NIF: X8854449R (hereinafter, the Data Controller). Her contact details are as follows:

Registration of Personal Data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Montgó Bikes through the forms provided on its pages will be incorporated and processed in our file in order to facilitate, expedite, and fulfill the commitments established between Montgó Bikes and the User, or to maintain the relationship established in the forms filled out by the User, or to respond to a request or inquiry from the User. Furthermore, 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 will be 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 as outlined in Article 5 of the GDPR and in Article 4 and following of Organic Law 3/2018, of December 5, on Personal Data Protection and the guarantee of digital rights:

  • Principle of lawfulness, fairness, and transparency: User consent will be required at all times, after completely transparent information about the purposes for which personal data is collected.
  • Principle of purpose limitation: Personal data will be collected for specific, legitimate purposes.
  • Principle of data minimization: Only personal data strictly necessary for the purposes for which they are processed will be collected.
  • Principle of accuracy: Personal data must be accurate and kept up to date.
  • Principle of storage limitation: Personal data will be kept only for as long as necessary to identify the User for the purposes of processing.
  • Principle of integrity and confidentiality: Personal data will be processed in a manner that ensures its security and confidentiality.
  • Principle of proactive responsibility: The Data Controller will be responsible for ensuring compliance with the aforementioned principles.

Categories of personal data

The categories of data processed by Montgó Bikes are solely identifying data. In no case will special categories of personal data as defined in Article 9 of the GDPR be processed.

Legal basis for processing personal data

The legal basis for processing personal data is consent. Montgó Bikes commits to obtaining the express and verifiable consent of the User for 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 will be as easy as giving it. Generally, the withdrawal of consent will not condition the use of the Website.

When the User must or can 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 completing any of them is mandatory because they are essential for the proper development of the operation being carried out.

Purposes of processing personal data

Personal data is collected and managed by Montgó Bikes to facilitate, expedite, and fulfill the commitments established between the Website and the User, or to maintain the relationship established in the forms filled out by the User, or to respond to a request or inquiry.

Likewise, the data may be used for commercial purposes such as personalization, operational and statistical activities, and activities related to Montgó Bikes’ corporate purpose, as well as for data extraction, storage, and marketing studies to tailor the offered Content to the User, as well as to improve the quality, functioning, and navigation of the Website.

At the time of obtaining personal data, the User will be informed about the specific purpose or purposes for which their personal data will be processed; that is, the use or uses that will be made of the collected information.

Retention periods for personal data

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

When personal data is obtained, the User will be informed about the period during which the personal data will be retained or, when that is not possible, the criteria used to determine this period.

Recipients of personal data

The personal data of the User will not be shared with third parties.

In any case, when personal data is obtained, the User will be informed about the recipients or categories of recipients of the personal data.

Personal data of minors

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

Confidentiality and security of personal data

Montgó Bikes commits to adopting the necessary technical and organizational measures, according to the appropriate security level relative to the risk of the collected data, to guarantee the security of personal data and to prevent the accidental or unlawful destruction, loss, or alteration 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. However, since Montgó Bikes cannot guarantee the invulnerability of the internet or the total absence of hackers or others who may fraudulently access personal data, the Data Controller commits to notifying the User without undue delay when a breach of personal data security occurs that is likely to result in a high risk to the rights and freedoms of individuals. According to Article 4 of the GDPR, a breach of personal data security is understood to mean any breach of security that results in the accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or otherwise processed, or unauthorized communication or access to such data.

Personal data will be treated as confidential by the Data Controller, who commits to informing and ensuring, through a legal or contractual obligation, that this confidentiality is respected by its employees, partners, and any person to whom it provides access to the information.

Rights derived from the processing of personal data

The User has rights regarding Montgó Bikes and may therefore exercise the following rights recognized in the GDPR and Organic Law 3/2018, of December 5, on Personal Data Protection and the guarantee of digital rights:

  • Right of access: The User’s right to obtain confirmation as to whether or not Montgó Bikes is processing their personal data and, if applicable, to obtain information about their specific personal data and the processing that Montgó Bikes has carried out or carries out, as well as, among other things, information available about the origin of such data and the recipients of communications made or intended.
  • Right of rectification: The User’s right to modify their personal data that are inaccurate or, considering the purposes of processing, incomplete.
  • Right of deletion (“the right to be forgotten”): The User’s right, provided that current legislation does not stipulate otherwise, to obtain the deletion 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 processing and there is no other legal basis; the User opposes the processing and there is no other legitimate reason to continue it; the personal data have been unlawfully processed; the personal data must be deleted to comply with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years old. In addition to deleting the data, the Data Controller, considering the available technology and the cost of its application, must take reasonable steps to inform those responsible for processing the personal data of the request for deletion of any link to those personal data.
  • Right to restrict processing: The User’s right to limit the processing of their personal data. The User has the right to obtain restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it for the purpose of making claims; and when the User has objected to the processing.
  • Right to data portability: If the processing is carried out by automated means, the User will have the right to receive their personal data from the Data Controller in a structured, commonly used, and machine-readable format, and to transmit it to another data controller. Whenever technically feasible, the Data Controller will directly transmit the data to that other controller.
  • Right to object: The User’s right not to have their personal data processed or to cease processing by Montgó Bikes.
  • Right not to be subject to a decision based solely on automated processing, including profiling: 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 the current legislation stipulates otherwise.

The User may exercise their rights by written communication addressed to the Data Controller with the reference “GDPR-www.montgobikes.com,” specifying:

  • User’s name, surname, and copy of ID. In cases where representation is allowed, the identification of the person representing the User must also be provided by the same means, along with the supporting document of the representation. A photocopy of the ID may be replaced by any other valid legal means that proves identity.
  • Request with specific reasons for the request or information to which access is sought.
  • Address for notification purposes.
  • Date and signature of the requester.
  • Any document supporting the request made.

This request and any attached documents can be sent to the following address and/or email:

Links to third-party websites

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

Complaints to the supervisory authority

If the User considers that there is a problem or infringement of current regulations regarding the way their personal data is being processed, they have the right to effective judicial protection and to file a complaint with a supervisory authority, in particular, in the state where they have their habitual residence, place of work, or the place of the alleged infringement.

In Spain, the supervisory authority is the Spanish Agency for Data Protection (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 regarding 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 will imply acceptance of its Privacy Policy.

Montgó Bikes reserves the right to modify its Privacy Policy, at its discretion, or motivated by a legislative, jurisprudential, or doctrinal change by the Spanish Agency for Data Protection. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is encouraged to periodically consult this page to stay informed of the latest changes or updates.

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