Personal Data Protection according to the LOPD
Cuidadia, in compliance with current regulations on the protection of personal data, informs that the personal data collected through the forms on the website www.cuidadia.com are included in specific automated files for users of Cuidadia's services. The collection and automated processing of personal data are aimed at maintaining the commercial relationship and performing tasks related to information, training, consulting, and other activities specific to Cuidadia.
These data will only be shared with entities necessary to fulfill the purpose outlined above. Cuidadia adopts the necessary measures to ensure the security, integrity, and confidentiality of the data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, concerning the protection of individuals with regard to the processing of personal data and the free movement of such data. The user may at any time exercise the rights of access, objection, rectification, and cancellation recognized in the aforementioned Regulation (EU). These rights can be exercised by the user via email at [email protected] or at the following address: C/ Conrado del Campo, nº 9, portal 1, 3A, C.P 20027, Madrid. The user declares that all the data provided are true and correct and commits to keeping them updated by notifying Cuidadia of any changes.
Purpose of Personal Data Processing
For what purpose will we process your personal data?
At Cuidadia, we will process your personal data collected through the website www.cuidadia.com for the following purposes:
1. In case of contracting the goods and services offered via email, to maintain the contractual relationship, as well as to manage, administer, inform, provide, and improve the service.
2. Sending information requested through the forms available at www.agenciaprivacidadonline.es.
3. Sending newsletters and commercial communications about promotions and/or advertisements from Cuidadia and the sector. You are reminded that you can object to receiving commercial communications by any means and at any time by sending an email to the address provided above. The fields in these forms are mandatory, making it impossible to fulfill the purposes outlined if the required data is not provided.
How long will personal data be retained?
The personal data provided will be retained as long as the commercial relationship is maintained or until you request its deletion, and for the period during which legal liabilities related to the services provided may arise.
Legitimacy: The processing of your data is carried out on the following legal bases that legitimize the same:
1. The request for information and/or the contracting of Cuidadia's services, whose terms and conditions will be made available to you in any case, prior to any potential contract.
2. Your free, specific, informed, and unequivocal consent, as we inform you by providing this privacy policy, which you can accept by a declaration or a clear affirmative action, such as checking a box provided for this purpose. If you do not provide your data or if you provide them incorrectly or incompletely, we will not be able to process your request, making it impossible to provide the requested information or to contract services.
Recipients:
The data will not be communicated to any third party outside Cuidadia unless there is a legal obligation. We have contracted the following service providers, who have committed to compliance with the applicable data protection regulations at the time of their engagement:
• (DATA CONTROLLER) Data Basic S.L., located at C/ Orense, n14, 4th floor, Madrid, NIF/CIF nº B2567489, provides data storage services.
• You can consult the company's privacy policy and other legal aspects at the following link: www.databasic.com/politica-privacidad/
Data Collected by Users of the Services
In cases where the user includes personal data files on shared hosting servers, Cuidadia is not responsible for the user's non-compliance with the GDPR.
Data Retention in Compliance with the LSSI
Cuidadia informs that, as a data hosting service provider and by virtue of Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (LSSI), it retains for a maximum period of 12 months the essential information needed to identify the origin of the data stored and the time when the service provision began. The retention of this data does not affect the confidentiality of communications and may only be used in the context of a criminal investigation or for public safety purposes, provided to judges and/or courts or to the Ministry that requires it.
Data communication to law enforcement agencies will be done in accordance with the provisions of personal data protection regulations.
Intellectual Property Rights Cuidadia owns all copyright, intellectual property, industrial property, "know-how," and any other rights related to the content of the website www.cuidadia.com and the services offered on it, as well as the programs necessary for its implementation and related information.
Reproduction, publication, and/or use of the content of the website www.cuidadia.com, in whole or in part, are not permitted without prior written consent.
Intellectual Property of the Software
The user must respect the third-party programs made available by Cuidadia, even if they are free and/or publicly accessible.
Cuidadia has the necessary intellectual property and exploitation rights of the software. The user does not acquire any rights or licenses over the software necessary for the provision of the service, nor over the technical information for monitoring the service, except for the rights and licenses necessary for the fulfillment of the contracted services, and only for the duration of the same.
For any actions beyond contract fulfillment, the user will need written authorization from Cuidadia, and is prohibited from accessing, modifying, or viewing the configuration, structure, and files of the servers owned by Groove Digital, LLC, assuming civil and criminal responsibility for any incidents that may arise as a direct result of negligent or malicious actions on their part.
Intellectual Property of Hosted Content
The use of Cuidadia's services in violation of intellectual property laws is prohibited, particularly:
• Use that is contrary to Spanish law or that infringes the rights of third parties.
• Publication or transmission of any content that, in Cuidadia's judgment, is violent, obscene, abusive, illegal, racist, xenophobic, or defamatory.
• Cracks, software serial numbers, or any other content that violates third-party intellectual property rights.
• Collection and/or use of personal data of other users without their express consent or in violation of Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, on the protection of natural persons concerning the processing of personal data and the free movement of such data.
• The use of the domain's mail server and email addresses to send mass, unsolicited emails.
The user is fully responsible for the content of their website, the information transmitted and stored, hyperlinks, third-party claims, and legal actions related to intellectual property, third-party rights, and the
protection of minors.
The user is responsible for compliance with the applicable laws and regulations, as well as the rules related to the functioning of the online service, e-commerce, copyright, maintaining public order, and universal principles of Internet use. The user shall indemnify Cuidadia for any expenses incurred due to penalties or legal proceedings related to any cause that is the user's responsibility, including legal fees and costs of defense, even in the case of a non-final judicial decision.
Protection of Hosted Information
Cuidadia makes backup copies of the content hosted on its servers. However, it is not responsible for the loss or accidental deletion of data by users.
Likewise, it does not guarantee the full restoration of deleted data since such data may have been deleted or modified during the time elapsed since the last backup.
The services offered, except specific backup services, do not include the restoration of content from backups when the loss of content is attributable to the user. In such cases, a fee will be charged based on the complexity and volume of the data recovery, subject to the user’s prior acceptance. The restoration of deleted data is only included in the service price when the content loss is due to causes attributable to Cuidadia.
Commercial Communications
In accordance with the LSSI, Cuidadia will not send advertising or promotional communications by email or any other electronic communication method without prior request or express authorization from the recipients. In the case of users with whom there is a prior contractual relationship, Cuidadia is authorized to send commercial communications regarding products or services that are similar to those initially contracted with the client. At any time, the user may request not to receive further commercial information by verifying their identity and contacting Cuidadia’s customer service channels or by sending an email to [email protected].
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