I. PRIVACY AND DATA PROTECTION POLICY
In compliance with the provisions of current legislation, Facyl Festival (hereinafter also referred to as the Website) undertakes to adopt the necessary technical and organisational measures according to the level of security appropriate to the risk of the data collected.
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons concerning the processing of personal data and the free movement of such data (GDPR).
- Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
- Royal Decree 1720/2007 of 21 December, which approves the Regulation implementing Organic Law 15/1999, of 13 December on the Protection of Personal Data (RDLOPD).
- Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).
The identity of the person responsible for the processing of personal data
The person responsible for the processing of personal data collected at Facyl Festival is: Fundación Siglo para el Turismo y Las Artes de Castilla y León, with NIF (Tax Identification Number): G47463823. Their contact details are as follows:
Address: Avda. Real Valladolid, 2 47015 Valladolid
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 Facyl Festival through the forms provided on its pages will be incorporated and processed on our file to facilitate, expedite and fulfil the commitments established between Facyl Festival and the User or the maintenance of the relationship established in the forms filled in by the User, or to respond to a request or query from the User. Likewise, 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 kept which specifies, according to its 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 forth in Article 5 of the GDPR and in Article 4 et seq. of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights:
- Principle of lawfulness, fairness and transparency: the consent of the User shall be required at all times following fully transparent information on the purposes for which the personal data is collected.
- Purpose limitation principle: personal data will be collected for specific, explicit and legitimate purposes.
- Principle of data minimisation: the personal data collected shall be only that which is strictly necessary concerning 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 storage period: personal data shall only be kept in a form that permits identification of the User for as long as is necessary for processing.
- Principle of integrity and confidentiality: personal data will be processed in such a way that guarantees its security and confidentiality.
- Principle of proactive responsibility: the Data Controller shall be responsible for ensuring that the above principles are complied with.
Personal data categories
The categories of data processed by Festival Facyl are solely identification data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. Facyl Festival undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.
The User will have the right to withdraw their consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent will not determine the use of the Website.
On those occasions when the User must or may provide their data through forms to make enquiries, request information or for reasons related to the content of the Website, they will be informed in the event that the completion of any of them is compulsory due to the fact that they are essential for the correct development of the operation carried out
Purposes of the processing for which the personal data is used
Personal data is collected and managed by Facyl Festival in order to facilitate, expedite and fulfil the commitments established between the Website and the User or to maintain the relationship established in the forms that the latter completes or to attend to a request or inquiry.
Likewise, the data may be used for the commercial purpose of operational and statistical personalisation and activities of Facyl Festival’s company purposes, as well as for data extraction, storage and marketing studies to adapt the Content offered to the User, as well as how to improve the Website’s quality, operation and navigation.
When the personal data is obtained, the User will be informed about the specific purpose or purposes for which the personal data will be processed, i.e. the use or uses to which the information collected will be put.
Retention periods 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 during the following period: 12 months, or until the User requests its deletion.
When the personal data is obtained, the User will be informed about the period during which the personal data will be retained or, when this 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 collected, the User will be informed about the recipients or categories of recipients of the personal data.
Personal data of minors
In compliance with the provisions of Article 8 of the GDPR and Article 7 of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may give their consent for the lawful processing of their personal data by Facyl Festival. In the case of a minor under 14 years of age, the consent of the parents or guardians is required for the processing, and this will only be considered lawful to the extent that they have authorised it.
Confidentiality and security of personal data
Facyl Festival undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, 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 the unauthorised communication of or access to such data.
However, because Facyl Festival cannot guarantee the impregnability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a violation of personal data security occurs that is likely to pose a high risk to the rights and freedoms of natural persons. Under Article 4 of the GDPR, a breach of security of personal data is understood to mean any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised disclosure of or access to such data.
Personal data shall be treated as confidential by the Controller, who undertakes to inform and to ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, partners, and any person to whom it makes the information accessible.
Rights deriving from the processing of personal data
The User has over Festival Facyl and may, therefore, exercise against the Data Controller the following rights recognised in the RGPD and the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights:
- Right of access: It is the User’s right to obtain confirmation of whether or not Facyl Festival is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Facyl Festival has carried out or is carrying out, as well as, among other things, about the information available on the origin of this data and the recipients of the communications made or planned thereof.
- Right of rectification: It is the User’s right to modify any personal data that turns out to be inaccurate or, taking into account the purposes of the processing, incomplete.
- Right of erasure («the right to be forgotten»): It is the User’s right, unless otherwise provided for by law, to obtain the erasure of their personal data when these are no longer necessary for the purposes for which they were collected or processed; when the User has withdrawn their consent to the processing and this does not have another legal basis; when the User objects to the processing and there is no other legitimate reason to continue with it; when the personal data has been unlawfully processed; when personal data must be deleted in compliance with a legal obligation; or when the personal data has been obtained as a result of a direct offer of services from the information society to a person 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, must adopt reasonable measures to inform those who are processing the personal data of the interested party’s request to delete any link to those personal data.
- Right to restriction of processing: It is the User’s right to limit the processing of their personal data. The User has the right to obtain the restriction of processing when they challenge the accuracy of their personal data; when the processing is unlawful; when the Data Controller no longer needs the personal data for the processing, but the User needs it to make claims; and when the User opposes the processing.
- Right to data portability: Where the processing is carried out by automated means, the User shall have the right to receive from the Data Controller their personal data in a structured, commonly used and machine-readable format and to transmit it to another controller. Where technically feasible, the Data Controller shall transmit the data directly to such other controller.
- Right of opposition: It is the User’s right for their personal data not to be processed or to cease their processing by Facyl Festival.
- Right not to be subject to a decision based solely on automated processing, including profiling: It is the User’s right not to be the subject of an individualised decision based solely on the automated processing of their personal data unless otherwise provided for by the legislation in force.
Therefore, the User may exercise their rights by means of a written communication addressed to the Data Controller with the reference «RGPD-https://facyl-festival.com/», specifying:
- User’s name, surname and copy of National Identification Card (DNI). In the cases in which representation is admitted, it will also be necessary to identify the person representing the User by the same means, as well as the document proving this representation. A photocopy of the DNI may be replaced by any other legally valid means that proves the User’s identity.
- Request with the specific reasons for said request or information to which access is required.
- Address for notification purposes.
- Applicant’s date and signature.
- Any document that proves the request made.
This request and any other attached documents may be sent to the following address and/or email:
Postal address: Avda. Real Valladolid, 2 47015 Valladolid
Links to third-party websites
The Website may include hyperlinks or links that allow access to web pages of third parties other than Facyl Festival, and that are therefore not operated by Facyl Festival. 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 infringement of current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a claim with a control authority, particularly in the State in which they have their habitual residence, place of work or where the alleged infringement took place. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).