Data Protection Rights
INFORMATION AND FORMS IN THE EXERCISE OF DATA PROTECTION RIGHTS
The data protection regulations collect a series of rights to which they can welcome all people. Cuerva, to facilitate their exercise, informs you of the different rights, their content, procedures, deadlines and provides you with the models that may be used in their exercise.
It is common to all rights:
- Its exercise is free, except if the requests are manifestly unfounded or excessive
- Requests must be answered within one month, although, taking into account the complexity and number of requests, the deadline can be extended for another two months.
- In all our clauses and Activity Records we collect the means to exercise the rights
- You can exercise your rights directly or through your legal or voluntary representative (voluntary representation model)
- It is possible that the person in charge is the one who attends to your request on behalf of the person in charge, if both have established it in the contract or legal act that binds them.
- The age as a general rule, for the exercise of rights is fourteen years, although in matters such as health it will be sixteen years.
- Regarding deceased persons, those linked to the disappeared person for family or de facto reasons, as well as their heirs, may exercise their rights of access, rectification and deletion, unless the deceased had expressly prohibited it or a law established it.
How to exercise data protection rights?
- Written request to the data controller, Cuerva (you will find the forms below) by any of the means admitted by law.
- Identification (photocopy of the DNI or passport or other valid document to identify the person)
- If acting represented, copy of the representation and identification of the representative (photocopy of the DNI or passport or other valid document to identify the person)
- Right that you exercise, and to the extent possible, specification in your request
- Address for notification purposes, date and signature
- Documents (if necessary) justifying the exercise of rights
Content of Rights:
Right of access
It assumes that any person has the right to approach Cuerva, to find out first of all whether or not we are processing their personal data and, if so, to obtain the following information:
- A copy of your personal data that we are handling
- The purposes for which we are treating your data
- The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
- The expected period of conservation of the personal data or, if it is not possible, the criteria used to determine that period
- The existence of the right to request the rectification or deletion of your personal data, the limitation of the processing of your personal data or to oppose such processing
- The right to file a claim with the Spanish Data Protection Agency
- When it is not acquired directly from the interested party, to identify the origin
- If there are automated decisions, including profiling, information on the logic applied, the importance and consequences of that treatment
- When data is transferred to a third country or to an international organization, you will be informed of the adequate guarantees in which the transfers are made
- The right of access will include a copy of the personal data subject to treatment, however, if more than one is requested copy may require a reasonable fee based on administrative costs.
- This right to obtain a copy may not adversely affect the rights and freedoms of others
The right of access includes providing a copy of the personal data subject to processing, however, if more than one copy is requested, a reasonable fee may be required based on administrative costs. This right to obtain a copy may not adversely affect the rights and freedoms of others.
Right of Rectification
It assumes that any person from whom Cuerva performs data processing can obtain the rectification of their data. In the request that you make, you must indicate the data that you want to be rectified, and must accompany, when necessary, the documentation that justifies the inaccuracy of the same or the incomplete nature. The rectification must be carried out without delay and within a maximum period of one month.
Right of Deletion (right to be forgotten)
Any person from whom Cuerva performs data processing can exercise this right provided that these circumstances occur:
- If the personal data is no longer necessary in relation to the purposes for which it was collected or is otherwise processed
- If the processing of personal data has been based on consent, and consent is withdrawn, there being no other legal basis that legitimizes it
- If the right of opposition has been exercised and this was based on the refusal to process the data for direct marketing, or was based on the legal basis of legitimate interest or fulfillment of a mission of public interest
- If the processing of personal data was unlawful
- If the personal data must be deleted to comply with a legal obligation established in the Law of the Union or of the Member States
- If the data was obtained in relation to the offer of services of the information society, collected in the General Data Protection Regulation
- As all rights are not unlimited, in such a way that this right finds its following limits: with the exercise of freedom of expression and information, for the fulfillment of a legal obligation, for the fulfillment of a mission carried out in the public interest or in the exercise of public powers conferred on the person responsible, for reasons of public interest, in the field of public health, for archiving purposes of public interest, scientific or historical research purposes or statistical purposes, or for the formulation, exercise or defense of claims.
Right of Opposition
It assumes that those people whose personal data Cuerva processes may oppose such processing, in two cases:
- When they are subject to treatment based on a mission of public interest or legitimate interest, including profiling. This right will be estimated unless compelling reasons are proven that prevail over the interests, rights and freedoms of the interested party, or for the formulation, exercise or defense of claims.
- When the processing is for direct marketing, including profiling. Estimated this right, personal data will no longer be processed for this purpose..
Right to Limitation of Treatment
It can be exercised by those people for whom Cuerva performs treatments, with two modalities:
- Request the suspension of the processing of your data:
a) When the accuracy of the data has been challenged, during the period in which they are verified.
b) When the right of opposition has been exercised based on legitimate interest or a mission of public interest, while verifying whether or not it proceeds.
- Request the conservation of your data:
a) When the treatment is illegal and you oppose the deletion of the data, requesting the limitation.
b) When the data is no longer necessary for the purpose of the treatment, but the interested party needs them for the formulation, exercise or defense of claims.
The fact that the processing of personal data is limited must be clearly stated in Cuerva's information systems.
Right to Portability
Whenever technically possible, any person of whom Cuerva performs data processing, based on consent or within the framework of the execution of a contract, may request, provided that the processing is carried out by automated means, that they be sent the data to him or to the new person in charge of the same, in a structured format, of common use, of mechanical reading and interoperable. This right does not apply when the treatment is necessary for the fulfillment of a mission of public interest or in the exercise of public powers.
Right not to be subject to automated individual decisions
Any person whose data Cuerva processes data has the right not to be the subject of a decision based solely on automated processing, including profiling, that produces legal effects on them or significantly affects them, unless it is included in the regulations that establish counterweight measures for this obligation. You can also give your consent for it, or that is necessary for the preparation of a contract, but in these two cases, you can request human intervention, you can express their point of view and you can challenge the decision.