Privacy policy

PRIVACY AND DATA PROTECTION POLICY

In compliance with current legislation, Nano-Bay (hereinafter also website) undertakes to take the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporating this privacy policy

This privacy policy is adapted to the Spanish and European regulations in force regarding the protection of personal data on the Internet. In particular, it complies with the following rules:

• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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 Guarantee of Digital Rights (LOPD-GDD).
• Royal Decree 1720/2007, of December 21, approving the Regulations implementing 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).

The controller of the personal data collected on Nano-Bay is: Nano-Bay S.L., (hereinafter, responsible for the processing). Your contact details are as follows:

Address: Portuetxe 12, 20018 Donostia-San Sebastián (Spain)

Contact Phone: +34 679 400 966

Contact Email: nano@nano-bay.com

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 Nano-Bay through the forms extended on its pages will be incorporated and will be processed in our files in order to facilitate, expedite and fulfill the commitments established between Nano-Bay and the User or the maintenance of the relationship established in the forms that it fills out , or to respond to a request or inquiry from it. In addition, 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 register of processing activities is maintained that specifies, 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 the User’s personal data will be subject to the following principles set out in Article 5 of the GDPR and article 4 and following of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:

• Principle of legality, loyalty and transparency: The User’s consent will be required at all times upon fully transparent information of the purposes for which personal data is collected.
• Principle of limitation of the purpose: personal data will be collected for specific, explicit, and legitimate purposes.
• Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
• Principle of accuracy: personal data must be accurate and always up to date.
• Principle of limitation of the retention period: personal data will only be kept in such a way as to allow the identification of the User for the time necessary for the purposes of its processing.
• Principle of integrity and confidentiality: personal data will be treated in such a way as to ensure its security and confidentiality.
• Principle of proactive responsibility: the controller will be responsible for ensuring that the above principles are met.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Nano-Bay undertakes to obtain the express and verifiable consent of the User for the processing of his/her personal data for one or more specific purposes.

The User shall have the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, withdrawal of consent will not condition the use of the Website.

When the User must or may provide his/her data through forms to make inquiries, request information or for reasons related to the content of the Website, he/she will be informed in case the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.

Purposes of the processing for which personal data are intended

The personal data are collected and managed by Nano-Bay in order to be able to facilitate, expedite and fulfill the commitments established between the Website 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.

Likewise, the data may be used for a commercial purpose of personalization, operation and statistics, and activities specific to the social object of Nano-Bay, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as improve the quality, operation, and navigation of the Website.

At the time the personal data is obtained, the User will be informed about the specific purpose(s) of the processing to which the personal data will be used, i.e. the use or uses that will be given to the information collected.

Periods of retention of personal data

Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 10 years, or until the User requests its deletion.

At the time the personal data is obtained, the User will be informed about the period during which the personal data will be kept or, where that 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 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, Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may give their consent for the processing of their personal data lawfully by Nano-Bay. In the case of a child under the age of 14, the consent of the parents or guardians will be required for the treatment, and it will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Nano-Bay undertakes to take the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in such a way as to ensure 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 (Secure Socket Layer) certificate, which ensures that personal data is transmitted in a secure and confidential manner, being the transmission of the data between the server and the User, and in feedback, fully encrypted or encrypted.

However, because Nano-Bay cannot guarantee the impregnation of the internet or the total absence of hackers or others fraudulently accessing personal data, the controller undertakes to communicate to the User without undue delay when a breach of the security of personal data occurs that is likely to pose a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, violation of the security of personal data means 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 undertakes to inform and guarantee through a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom the information is accessible.

Rights arising from the processing of personal data

The User has on Nano-Bay 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 guarantee of digital rights:

• Right of access : It is the Right ofthe User to obtain confirmation of whether or not Nano-Bay is processing his/her personal data and, if so, to obtain information about his/her specific personal data and the processing that Nano-Bay has carried out or performs, as well as, among others, the information available on the origin of such data and the recipients of the communications made or provided for therein.
• Right of rectification : It is the Right of the User to have his personal datamodified that prove to be inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to deletion (“the right to be forgotten”): It is the right of the User, provided that current legislation does not establish otherwise, to obtain the deletion of his personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his/her consent to the processing and the processing has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data have been unlawfully processed; the personal data must be deleted 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 application, shall take reasonable steps to inform the controllers who are processing the personal data of the data subject’s request to delete any link to such personal data.
• Right to restriction of processing: It is the User’s right to limit the processing of his/her personal data. The User has the right to obtain the limitation of the processing when it challenges the accuracy of his/her personal data; treatment is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the treatment.
• Right to data portability : In the event that the processing is carried out by automated means, the User shall have the right to receive from the Data Controllerhis/her personal data in a structured, commonly used and mechanically readable format, and to transmit it to another controller. Where technically possible, the Data Controller will transmit the data directly to that other controller.
• Right of opposition : It is the Right of the User not to carry out the processing of his/her personal data or to cease theprocessing thereof by Nano-Bay.
• Right not to be the subject of a decision based solely on automated processing, including profiling : It is the Right of the User not to be the subject of an individualized decision basedsolely on the automated processing of his/her personal data, including profiling, existing unless the current legislation establishes otherwise.

This application and any other accompanying documents may be sent to the following address and/or email address:

Email: nano@nano-bay.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites other than Nano-Bay, which are therefore not operated by Nano-Bay. 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 violation of the regulations in force in the way in which his/her personal data is being processed, he/she shall have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State in which he/she has his 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 (http://www.agpd.es).

ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY
It is necessary that the User has read and complies with the conditions on the protection of personal data contained in this Privacy and Cookies Policy, as well as accepts the processing of his/her personal data so that the controller can proceed to it in the manner, during the periods and for the purposes indicated. The use of the Website implies acceptance of the Privacy and Cookies Policy of the same.

Nano-Bay reserves the right to modify its Privacy and Cookies Policy, in accordance with its own discretion, or motivated by a legislative, jurisprudence or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy and Cookie Policy will be explicitly notified to the User.

This Privacy and Cookie Policy was updated on 20 October 2020 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council, 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.

INTELLECTUAL PROPERTY AND COPYRIGHT
All the information contained in this Platform, its graphic design, as well as its source code constitute a work whose intellectual property belongs to Nano-Bay S.L. Internet users who access this Platform may view the information contained therein and make downloads, provided that the downloaded items are not subsequently transferred to third parties or installed on a server connected to the Internet or a local computer network. Reproduction, distribution, public communication and any other act that has not been expressly authorized by the owner of the exploitation rights are prohibited. Violation of any of these rights may constitute a violation of these provisions, as well as an offence punishable in accordance with articles 270 and following the current Penal Code.

Nano-Bay and its logo are registered trademarks of Nano-Bay S.L. Any use of these is totally prohibited without the express authorization of the owner.