Data of the person in charge of the treatment
Registered office: Edificio CEEIM. Módulo 5. C/. Campus Universitario de Espinardo, 730100 Espinardo
Contact details of the Data Protection Delegate:
Scope of application
The present Policy will be applicable:
- To those persons who visit the Visualtis website, www.visualtis.com (hereinafter, any reference to it shall also include its English version).
- To those who voluntarily communicate with Visualtis via e-mail, chat or fill in any of the data collection forms published on the Visualtis website.
- To those who request information about Visualtis products and services or who request to participate in any of Visualtis’ commercial actions.
- To those who formalize a contractual relationship with Visualtis by contracting its products and services.
- To those who use any other service present in the web site that implies the communication of data to Visualtis or the access to data by Visualtis for the provision of its services.
- To any others who, directly or indirectly, have given their express consent for their data to be processed by Visualtis for any of the purposes set out in this Policy.
The use of Visualtis products and services requires the express acceptance of this Policy.
Visualtis warns that, except for the existence of a legally constituted representation, no user and/or customer can use the identity of another person and communicate their personal data, so the data provided to Visualtis must be personal data, corresponding to their own identity, adequate, relevant, current, accurate and true. In this sense, the user and/or client will be solely responsible for any direct or indirect damage caused to third parties or to Visualtis by the use of data of another person or their own data when they are false, erroneous, not current, inadequate or irrelevant. Likewise, the user and/or client who communicates the personal data of a third party will be responsible for having obtained the corresponding authorization from the interested party, as well as for the consequences if this is not the case.
Likewise, the user and/or client who communicates personal data to Visualtis declares to be of legal age, in accordance with the provisions of the Spanish legislation, refraining otherwise from providing data to Visualtis. Any data provided about a minor will require the prior consent or authorization of their parents, guardians or legal representatives, who will be considered responsible for the data provided by the minors in their care.
This Policy will be of subsidiary application with respect to those other conditions on personal data protection that are established with special character and are communicated, without limitation, through the registration forms, contracts and / or conditions of particular services, being therefore this Policy complementary to those mentioned in what is not expressly provided for in them.
Purposes of the collection and processing of personal data
Visualtis, in its capacity as data controller, informs users of the existence of several treatments and files in which personal data communicated to Visualtis are collected and stored.
The purposes of such collection and processing of personal data are as follows:
- In relation to the “cookies” that Visualtis uses when browsing through its web page (http://www.visualtis.com), they are stored in the user’s terminal equipment (computer or mobile device) and collect information when visiting said web pages, with the purpose of improving the usability of the same, to know the browsing habits or needs of the users in order to adapt to them, as well as to obtain information for statistical purposes. In the case of those users who are already Visualtis customers, the information collected with the cookies will also be used to identify them when accessing the different tools that Visualtis makes available to them for the management of the services. In any case, users can configure their browser to disable or block the reception of all or some of the cookies. The fact of not wishing to receive these cookies does not constitute an impediment to accessing the information on Visualtis websites, although the use of some services may be limited. If once the consent for the reception of cookies has been granted, the user wishes to withdraw it, the cookies stored in the user’s computer must be eliminated through the options of the different browsers. All the information about the cookies used by Visualtis is published in its Cookies Policy, available for consultation at http://www.visualtis.com/en/cookies-2
- In the case of sending an email to Visualtis or a communication of personal data through any other means, such as a contact form, the purpose of the collection and processing of such data by Visualtis is the attention of queries and requests for information that arise about the products and services of Visualtis.
- In the case of sending an e-mail to Visualtis related to its job offers, such data will be processed in order to participate in personnel selection procedures.
- In the case of Visualtis forms that the interested parties fill in to participate in any of Visualtis’ commercial actions, the purpose will be to enable such participation, as well as the sending of commercial and advertising communications about Visualtis’ services, unless the interested party expressly states its opposition at the same time of the collection of its data. Notwithstanding the above, the interested party may modify his decision at any time, as many times as he wishes, through the means provided by Visualtis for this purpose.
- When contracting the services offered by Visualtis, only those personal data that were necessary to establish the contractual relationship and enable the provision of services and remuneration thereof by customers will be collected, such data being collected and processed for the following purposes:
- The main purpose will consist of maintaining the contractual relationship established with the client, in accordance with the nature and characteristics of the contracted services, contacting Visualtis with the client through the e-mail address, telephone or other means indicated by the latter.
- For the sending of documentation and information related to the contracted services, as well as for the sending of commercial and advertising communications about the same or other similar ones by Visualtis, through postal mail, e-mail, telephone, SMS or other means indicated by the client, unless the client expressly states its opposition at the same time of contracting. Regardless of whether or not the client had chosen to receive commercial information from Visualtis, the client may modify his decision at any time, as many times as he wishes, through the specific section available for this purpose in his Client Area.
- For the maintenance of historical records of commercial relations during the legally established periods.
- In those cases in which Visualtis must access and/or process personal data for which the client has the status of data controller or data processor, Visualtis will process such data as data processor in accordance with the provisions of Article 28 of the RGPD and in accordance with the provisions of the section entitled “Visualtis as data processor”, included in this Policy.
- In compliance with the provisions of Law 25/2007, of October 18, on the conservation of data relating to electronic communications and public communications networks, Visualtis informs the user that it will proceed to retain and conserve certain traffic data generated during the development of communications, as well as, where appropriate, to communicate such data to the competent bodies provided that the legal circumstances provided for in that Law are met.
- For all other purposes expressly set forth in the Specific Conditions applicable to the corresponding product or service contracted by the customer and expressly accepted by the customer.
Conservation period of the personal data
Visualtis will keep the personal data for the time strictly necessary for the fulfillment of the purposes detailed above. Visualtis may keep such data duly blocked during the period in which liabilities may arise from its relationship with the customer.
In the case of the data object of conservation on the occasion of the Law 25/2007, of October 18, on the conservation of data related to electronic communications and public communications networks, the period of conservation of the same will be the one detailed in the above mentioned regulation.
Recipients of personal data
The recipients of the personal data collected by Visualtis will be the following:
- Visualtis’ own employees in the performance of their duties.
- Visualtis’ suppliers involved in the provision of services, in the event that this is necessary for the provision of such services.
- The companies belonging to the Group of Companies of which Visualtis forms part, understood in the sense of article 42 of the Code of Commerce, whose activity is the commercialization of services of an identical or analogous nature offered by Visualtis.
- Judicial or administrative bodies, as well as the State Security Forces and Corps, in the event that Visualtis is required under current legislation to provide information related to its customers and services.
- Any others that due to the nature of the service must access the data provided with the same, as detailed in the Specific Conditions that are applicable to the corresponding product or service contracted by the client and expressly accepted by the client.
Rights of the users and exercise of the same
Users may exercise at any time the following rights recognized by the RGPD:
- Right of access. Users have the right to obtain from Visualtis information about whether personal data concerning them are being processed, to access them and to obtain information about the processing carried out.
- Right to obtain a copy of their personal data.
- Right of rectification. Users have the right to have Visualtis rectify their personal data if it is inaccurate or incomplete.
- Right of deletion. Users have the right to proceed to the deletion of data when they are no longer necessary for the purpose for which they were provided or when the rest of the circumstances provided by law.
- Right of limitation of the treatment. Users have the right to request a limitation in the processing of their personal data, so that the processing operations that should correspond in each case are not applied to them, in those cases provided for in art. 18 of the RGPD.
- Right to portability. Users have the right to receive the personal data concerning them in a structured format, provided that such data pertain exclusively to the user and have been provided by the user.
Users may exercise these rights in the following ways:
- Whether they are Visualtis customers or not, users may exercise their rights by sending a communication by e-mail to the address firstname.lastname@example.org or by sending a request accompanied by their D.N.I. or legally valid document proving their identity, addressed to Visualtis S.L. C/ González Cebrián, 3. Bajo 30002 Murcia (Murcia) Spain, to the attention of the Administration Department, specifying the right they wish to exercise.
- In cases of manifestly unfounded or excessive requests due to their repetitive nature, Visualtis reserves the right to charge a fee for the administrative costs arising or the right to refuse to act on them, in accordance with the provisions of art. 12.5 RGPD.
Users and/or customers may refer to the appropriate local supervisory authority if they consider that the processing carried out in respect of their personal data has not been carried out in compliance with the legislation in force.
The data protection supervisory authority in Spain is the Spanish Data Protection Agency, whose contact details are available on its website, specifically at http://www.agpd.es/portalwebAGPD/CanalDelCiudadano/contacteciudadano/index-ides-idphp.php.
International data transfers
In those products and services of Visualtis in which international transfers are required to enable the provision of the same, such circumstance will be included in the Specific Conditions that are applicable to the product or service contracted by the customer and expressly accepted by the customer prior to the same.
Visualtis as data processor
In accordance with article 28 RGPD and concordant, Visualtis will process the personal data with respect to which the client holds the condition of responsible or in charge of the treatment, when it is necessary for the adequate provision of the contracted services. In this case, Visualtis will act as data processor, according to the terms indicated below:
- Visualtis will only process the data in accordance with the instructions of the client responsible or in charge of the processing, not using them for a purpose other than that contained in this Data Protection Policy and/or in the contractual conditions that are applicable.
- Once the services that motivate the processing of personal data have been provided, they will be destroyed, as well as any support or documents containing any personal data or any type of information that has been generated during, for and/or due to the provision of the services that are the object of the corresponding Conditions. Notwithstanding the foregoing, Visualtis may keep the aforementioned data duly blocked during the period in which liabilities may arise from its relationship with the client.
- In the event that Visualtis uses the data for another purpose or communicates or uses them in breach of this Data Protection Policy and/or the relevant Terms of Service, it will also be considered responsible for the processing.
- Visualtis undertakes, in accordance with Article 28 of the GDPR, to maintain due professional secrecy with respect to the personal data to which it must access and/or process in order to comply in each case with the object of the applicable Terms of Service, both during and after the termination of the same, undertaking to use such information only for the purpose intended in each case and to require the same level of commitment from any person within its organization involved in any phase of the processing of the personal data for which the customer is responsible.
In accordance with the provisions of the RGPD the following rules shall apply in relation to the form and modalities of access to data for the provision of services:
- In the event that Visualtis must access the processing resources located on the client’s premises, the client will be responsible for establishing and implementing the security policy and measures, as well as for communicating them to Visualtis, who undertakes to respect them and to require compliance with them by the persons in its organization involved in the provision of the services.
- When Visualtis accesses remotely to the data processing resources under the responsibility of the client, the client must establish and implement the policy and security measures in its remote processing systems, being Visualtis responsible for establishing and implementing the policy and security measures in its own local systems.
- When the service is provided by Visualtis on its own premises, Visualtis will record in its Register of Activities the circumstances relating to the processing of data in the terms required by the GDPR, including the security measures corresponding to such processing.
- The access and/or processing of data by Visualtis, without prejudice to the specific legal or regulatory provisions in force that may be applicable in each case or those adopted by Visualtis on its own initiative, will be subject to the security measures necessary to:
- Guarantee the permanent confidentiality, integrity, availability and resilience of the processing systems and services.
- Restore availability and access to personal data quickly, in case of physical or technical incident.
- Verify, evaluate and assess, on a regular basis, the effectiveness of the technical and organizational measures implemented to ensure the security of the processing.
- Pseudonymize and encrypt personal data, where appropriate.
The client authorizes Visualtis, in its capacity as data processor, to subcontract with third parties, in the name and on behalf of the client, the services of storage, custody of backup copies of data and security, and those that were necessary to enable the provision of the contracted services, respecting in any case the obligations imposed by the RGPD and its implementing regulations. At any time, the customer may contact Visualtis to know the identity of the subcontracted entities for the provision of the services indicated, which will act in accordance with the terms provided in this document and after formalizing a data processing contract with Visualtis in accordance with art. 28.4 of the RGPD.
The customer authorizes Visualtis to perform the actions listed below, provided that they are necessary for the execution of the provision of the services. Such authorization is limited to the action/s necessary for the provision of each service and with a maximum duration linked to the term of the applicable Contractual Conditions:
- To carry out the processing of personal data on portable devices only by the users or user profiles assigned to the provision of the services.
- To carry out the processing outside the premises of the customer or Visualtis, only by the users or user profiles assigned to the provision of the services.
- The entry and exit of media and documents containing personal data, including those comprised in and/or attached to an e-mail, outside the premises under the control of the customer responsible for the processing.
- The execution of data recovery procedures that Visualtis is obliged to carry out.
Visualtis is not responsible for any failure to comply with the obligations arising from the RGPD or the corresponding data protection regulations on the part of the user and/or client as far as their activity is concerned and which is related to the execution of the contract or commercial relations that bind them to Visualtis. Each party shall be liable for the liability arising from its own failure to comply with its contractual obligations and its own regulations.