1. INFORMATION FOR USERS
The El Ràfol d’Almúnia Town Council, as the Data Controller, hereby informs you that, inaccordance with the provisions of Regulation (EU) 2016/679 of 27 April, (GDPR) andOrganic Law 3/2018 of 5 December on data protection and the guarantee of digital rights(LOPDGDD), we will process your data as set out in this Privacy Policy.In this Privacy Policy, we describe how we collect your personal data and why we collect it,what we do with it, with whom we share it, how we protect it, and your options regarding theprocessing of your personal data.This Policy applies to the processing of your personal data collected by the El Ràfold’Almúnia Town Council for the provision of its services. If you accept the terms of thisPolicy, you consent to us processing your personal data as set out in this Policy.
2. CONTACT DETAILS OF THE DATA CONTROLLER.
• Company name: The Honourable Town Council of El Ràfol d’Almúnia.• Tax Identification Number (CIF): P0311000D• Address: C/ Mayor, 6, Postcode 03769 El Ràfol d’Almúnia (Alicante). Telephone965587168• Email: ajuntament@rafol.org• Details of the Data Protection Officer: Provincial Data Protection Office (OPPD) of theProvincial Council of Alicante, email: oficinapd@diputacionalicante.es. Telephone965988900
3. PRINCIPLES SET OUT1.
Personal data shall be:a) processed lawfully, fairly and in a transparent manner in relation to the data subject(‘lawfulness, fairness and transparency’);b) collected for specified, explicit and legitimate purposes, and shall not be further processedin a manner incompatible with those purposes.c) adequate, relevant and limited to what is necessary in relation to the purposes for whichthey are processed (‘data minimisation’).
d) accurate and, where necessary, kept up to date; every reasonable step must be taken toensure that personal data which are inaccurate, having regard to the purposes for which theyare processed, are erased or rectified without delay (‘accuracy’).(e) kept in a form which permits identification of data subjects for no longer than is necessaryfor the purposes for which the personal data are processed. Personal data may be retained forlonger periods provided that it is processed solely for archiving purposes in the publicinterest, for scientific or historical research purposes or for statistical purposes, in accordancewith Article 89(1), without prejudice to the application of the appropriate technical andorganisational measures required by this Regulation to protect the rights and freedoms of thedata subject (‘limitation of storage period’).f) processed in such a way as to ensure the appropriate security of personal data, includingprotection against unauthorised or unlawful processing and against accidental loss,destruction or damage, through the implementation of appropriate technical or organisationalmeasures (‘integrity and confidentiality’).
4. PURPOSE OF THE PROCESSING OF PERSONAL DATA
This Organisation processes the information obtained for the purpose of processingadministrative files and the related procedures.We also process the information obtained for the purpose of sending data subjects generalinformation that may be of use to them.Where applicable, more specific and detailed purposes may be set out in the informationclauses included in each data collection channel (web forms, paper forms, voice messages,posters and information notices) for specific cases.
5. RETENTION PERIOD FOR YOUR DATA
We will retain your personal data from the moment you give your consent until you withdrawit or request that processing be restricted. In such cases, we will keep your data blocked forthe periods required by law.Once erasure has been requested, your data will remain blocked for as long as necessary, andits processing will be restricted solely to one of the following purposes: to comply with thelegal, contractual or administrative obligations to which we are subject; and/or for thestatutory limitation periods applicable to any liability on our part; and/or for the exercise ordefence of claims arising from the relationship with the user.In other cases, the data retention period will depend on what is specified for each instance ofpersonal data processing.In accordance with the provisions of Article 26 of the LOPD-GDD, the processing of data bythis Organisation for archiving purposes in the public interest shall be lawful, provided that itcomplies with current regulations on archives and documentation.
6. LEGAL BASIS AND DATA COLLECTED
Consent is a free, specific, informed and unambiguous expression of will to accept suchprocessing.The legal basis for the processing of your data may be the express consent given througha positive and affirmative action (filling in the relevant form and ticking the box to accept thispolicy) at the time you provide us with your personal data.By completing the forms, ticking the box ‘I accept the Privacy Policy’ and clicking to submitthe data, or by sending emails to the Provincial Council of Alicante via the accounts set upfor this purpose, the User confirms that they have read and expressly accepted this privacypolicy, and gives their unequivocal and express consent to the processing of their personaldata in accordance with the stated purposes.Similarly, the legal basis for the processing of data may be based on the fulfilment of a taskcarried out in the public interest or in the exercise of official authority, in accordance withLaw 39/2015 of 1 October on Common Administrative Procedure.Data categoriesThe data collected falls within the category of identifying data, such as: first name andsurname, national identity number, telephone number, postal address, company, emailaddress, as well as the IP address from which you access the data collection form, and anyother data necessary for the requested administrative procedures.
7. EXISTENCE OF AUTOMATED DECISIONS
This organisation may make automated decisions based on the legal basis provided by Article41 of Law 40/2015 of 1 October on the Legal Regime of the Public Sector. This refers to anyact or action carried out entirely by electronic means within the framework of anadministrative procedure and in which no person has been directly involved.Automated decision-making must be governed by specific regulations, which must define thespecifications, programming, maintenance, supervision and quality control. These regulationswill be made available to members of the public on this organisation’s electronic portal.
8. SECURITY MEASURES
As part of our commitment to ensuring the security and confidentiality of your personal data,we wish to inform you that the necessary technical and organisational measures have beenput in place to ensure the security of personal data and to prevent its alteration, loss,unauthorised processing or access, taking into account the state of the art, the nature of thedata stored and the risks to which it is exposed, in accordance with Article 32 of the GDPR(EU Regulation 679/2016) and the National Security Framework (ENS, Royal Decree311/2022 of 3 May).
9. DISCLOSURE/TRANSFER OF PERSONAL DATA
Data may be disclosed to companies associated with El Ràfol d’Almúnia Town Council forthe provision of various services in their capacity as Data Processors.
Data will be disclosed to other public authorities whenever necessary to fulfil the purposeslisted above, provided that there is a legal basis for doing so.
10. EXERCISING RIGHTS
Any individual has the right to obtain information as to whether or not this Organisation isprocessing their personal data.Data subjects have the right to access their personal data, to know the retention period fortheir data, and even to obtain a copy of the data being processed.They also have the right to have the data rectified if it is inaccurate. (For example, they mayrequest a correction to their address, a change of name, etc.).Data subjects have the right to restrict processing; to do so, they must submit a request to thedata controller, who must suspend the processing of the data when data subjects request therectification or erasure of their data, until their request has been resolved.Data subjects may exercise the right to erasure (the ‘right to be forgotten’) provided that thecircumstances set out in the GDPR apply and in accordance with the provisions of Article 15of the LOPD-GDD.The data subject may exercise the right to object to processing, provided that the grounds arerelated to their personal circumstances, except where a legitimate interest is demonstrated, orwhere processing is necessary for the establishment, exercise or defence of legal claims.Similarly, where the purpose of the processing is direct marketing.The data subject shall have the right to data portability, namely to receive the data in astructured, commonly used and machine-readable format, and to transmit it to another datacontroller where the processing is based on consent or is carried out by automated means.Data subjects may exercise the rights set out in the preceding paragraphs by using the formsavailable on this organisation’s website or by sending a written request by post to theorganisation.You may exercise these rights by sending a reasoned and substantiated request to the addressof the Data Protection Officer indicated at the beginning of this Privacy Policy. You alsohave the right to lodge a complaint with the competent supervisory authority (www.aepd.es)if you consider that the processing does not comply with current legislation.
11. LEGAL INFORMATION
The requirements set out in this Policy supplement, and do not replace, any other existingrequirements under applicable data protection law, which shall prevail in all cases. ThisPolicy is subject to periodic review and El Ràfol d’Almúnia Town Council may amend it atany time. Should this occur, we will notify you of any changes and ask you to re-read themost recent version of our Policy and confirm your acceptance.