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Privacy Policy

I. Privacy Policy and Data Protection

Respecting the provisions of current legislation, CUBOC (hereinafter also referred to as the Website) commits to adopting the necessary technical and organizational measures, according to the level of security appropriate to the risk of the collected data.

Laws incorporated into this privacy policy

This privacy policy is adapted to the current Spanish and European regulations on personal data protection 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, on the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR).

  • The Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).

  • The 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).

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

Identity of the data controller

  • Name of the Controller: TODOSSOMOSCUBOS SL

  • NIF: B19790005

  • Address: C/ Velázquez Nº 59 - 5 CI, 28001 Madrid

  • Contact Email: legal@thecuboc.com

Personal Data Registration

In compliance with the provisions of the GDPR and LOPD-GDD, we inform you that the personal data collected by CUBOC, through the forms on its pages, will be incorporated and processed in our file to facilitate, expedite, and fulfill the commitments established between CUBOC and the User, or to maintain the relationship established in the forms they fill out, or to respond to a request or query. Additionally, in accordance with the GDPR and LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is maintained, specifying the processing activities carried out and other circumstances established in the GDPR.

Principles applicable to personal data processing

The processing of the User's personal data will be subject to the following principles, as outlined in Article 5 of the GDPR and Articles 4 and following of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights:

  • Principle of lawfulness, fairness, and transparency: User consent will always be required after fully transparent information about the purposes for which personal data is collected.

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

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

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

  • Principle of storage limitation: Personal data will only be kept for as long as necessary for the purposes of their processing.

  • Principle of integrity and confidentiality: Personal data will be processed in a manner that ensures their security and confidentiality.

  • Principle of accountability: The Data Controller will be responsible for ensuring compliance with the above principles.

Categories of personal data

The categories of data processed by CUBOC include both identifying data and special categories of personal data as defined in Article 9 of the GDPR.

Special categories of personal data include those revealing ethnic or racial origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for uniquely identifying a natural person, data concerning health, or data concerning a natural person’s sex life or sexual orientation.

Explicit consent from the User is required for the processing of special categories of personal data for one or more specific purposes.

Legal basis for the processing of personal data

The legal basis for processing personal data is consent. CUBOC commits to obtaining the express and verifiable consent of the User for processing their personal data for specific purposes.

The User has the right to withdraw their consent at any time. Withdrawal of consent will be as easy as giving it. As a general rule, withdrawing consent will not condition the use of the Website.

On occasions when the User must or can provide their data through forms to make inquiries, request information, or for reasons related to the Website’s content, they will be informed if completing any of them is mandatory because it is essential for the proper development of the operation performed.

Purposes of the processing of personal data

Personal data is collected and managed by CUBOC to facilitate, expedite, and fulfill the commitments established between the Website and the User, or to maintain the relationship established in the forms they fill out, or to respond to a request or query.

Additionally, data may be used for commercial purposes, customization, operations, statistical activities, or marketing studies to adapt the content offered to the User, as well as to improve the quality, functionality, and navigation of the Website.

At the time personal data is obtained, the User will be informed of the specific purpose(s) of the processing to which the personal data will be put, i.e., the use(s) to which the collected information will be put.

Periods of retention of 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: 24 months, or until the User requests their deletion.

At the time personal data is obtained, the User will be informed about the retention period of the personal data 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:

  • MEWS SYSTEMS BV, located at Wibautstraat 137D, Scalehub 2nd floor, 1097DN Amsterdam.

  • CHEKIN SOLUCIONES DIGITALES SL, located at Avenida República Argentina, 24, 7ª planta, 41011, Seville.

If 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 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 Articles 8 of the GDPR and 7 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, only those over 14 years of age may legally give their consent to the processing of their personal data by CUBOC. If the data subject is a minor under 14 years of age, the consent of parents or guardians will be required for processing, and it will only be considered lawful to the extent that they have authorized it.

Confidentiality and security of personal data

CUBOC commits to adopting the necessary technical and organizational measures, according to the level of security appropriate to the risk of the collected data, to ensure the security of personal data and prevent their destruction, loss, or accidental or unlawful alteration, or unauthorized communication or access.

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

However, because CUBOC cannot guarantee the invulnerability of the internet or the absence of fraudsters accessing personal data unlawfully, the Data Controller undertakes to notify 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.

The Data Controller will treat personal data as confidential.

Rights derived from the processing of personal data

The User has the following rights regarding CUBOC and can therefore exercise the following rights against the Data Controller as recognized in the GDPR and Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights:

  • Right of access: This is the User's right to obtain confirmation as to whether CUBOC is processing their personal data or not and, if so, to obtain information about their specific personal data and the processing CUBOC has carried out or is carrying out, including, among other things, available information about the origin of such data and the recipients of communications made or planned for the same.

  • Right to rectification: This is the User's right to have their personal data modified if it is found to be inaccurate or, considering the purposes of the processing, incomplete.

  • Right to erasure ("the right to be forgotten"): This is the User's right, provided that the current legislation does not state 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 for processing, and there is no other legal basis for processing; the User objects to the processing, and there are no other legitimate reasons to continue with it; the personal data has been unlawfully processed; the personal data must be erased to comply with a legal obligation; or the personal data has been obtained as a result of an offer of information society services directly to a child under 14 years of age. In addition to erasing the data, the Data Controller, taking into account the available technology and the cost of its application, must take reasonable measures to inform other data controllers processing the personal data of the data subject's request to erase any links to those personal data.

  • Right to restriction of processing: This 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 they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User requires them to make claims; and when the User has objected to processing.

  • Right to data portability: If processing is carried out by automated means, the User has the right to receive their personal data from the Data Controller in a structured, commonly used, and machine-readable format and to transmit them to another data controller. Where technically feasible, the Data Controller will transmit the data directly to that other data controller.

  • Right to object: This is the User's right to object to the processing of their personal data or to stop CUBOC from processing them.

  • Right not to be subject to automated decision-making, including profiling: This 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, except where otherwise provided by current legislation.

Thus, the User may exercise their rights by sending a written communication to the Data Controller with the reference "GDPR-https://thecuboc.com," specifying:

  • Name, surname(s) of the User, and a copy of their ID. In cases where representation is admitted, identification by the same means of the person representing the User and the document accrediting representation will also be necessary. The copy of the ID may be replaced by any other legally valid means that proves identity.

  • Petition specifying the specific reasons for the request or information to which access is sought.

  • Address for notifications.

  • Date and signature of the applicant.

  • Any document that proves the request being made.

This request and any other attached documents may 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 websites other than CUBOC, which are therefore not operated by CUBOC. The owners of such websites will have their own data protection policies, being responsible for their own files and privacy practices in each case.

Complaints to the Supervisory Authority

If the User believes there is a problem or violation of current legislation in 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, particularly in the State where they have their habitual residence, workplace, or place of the alleged violation. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

II. Acceptance and Changes to this Privacy Policy

It is necessary for the User to have read and agreed to the terms 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. Use of the Website implies acceptance of its Privacy Policy.

CUBOC reserves the right to modify its Privacy Policy, according to its own discretion, or due to a legislative, jurisprudential, or doctrinal change by the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. Users are advised to consult this page periodically to stay informed of any 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, on the protection of natural persons 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 Guarantee of Digital Rights.