www.phloxoak.com

I. PRIVACY AND DATA PROTECTION POLICY

In compliance with the provisions of current legislation, phloxoak           ( also 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.

Laws Incorporated in this Privacy Policy

This privacy policy is adapted to current Spanish and European regulations on the protection of personal data on the Internet. Specifically, it respects 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 on 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 December 21, 2007, approving the Regulations implementing Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data (RDLOPD).
• Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the controller of personal data

The person responsible for the processing of the personal data collected at phloxoak is: Alexandra Godfrin, with NIF: X7028445J (hereinafter referred to as the Data Controller). Their contact details are as follows:

Address:  08902 Barcelona

Contact phone: +32 496 391995

Contact Email: phloxoak@phloxoak.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 phloxoak, through the forms provided on its pages, will be incorporated and processed in our file in order to facilitate, expedite and comply with the commitments established between phloxoak and the User or the maintenance of the relationship established in the forms that the User fills in.  or to respond to a request or query from the same. 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 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 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 User's consent will be required at all times after fully transparent information on the purposes for which the personal data is collected.
• Principle of purpose limitation: personal data will be collected for specific, explicit and legitimate purposes.
• Principle of data minimization: the personal data collected will only be those that are 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 processed in 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

Categories of personal data

The categories of data processed in phloxoak are identification data only. Under no circumstances will special categories of personal data be processed within the meaning of Article 9 of the GDPR.

Legal Basis for Processing Personal Data

The legal basis for the processing of personal data is consent. phloxoak 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 it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.

On those occasions in which the User must or can provide their data through forms to make queries, 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 mandatory because they are essential for the correct development of the operation carried out.

Purposes of the processing of personal data

Personal data is collected and managed by phloxoak in order to facilitate, speed up and comply with the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills in or to respond to a request or query.

Likewise, the data may be used for a commercial purpose of personalization, operational and statistical, and activities specific to phloxoak's corporate purpose, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.

As soon as the personal data is obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses that will be given to the information collected.

Retention periods for 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: 5 years, or until the User requests its deletion.

At the time the personal data is obtained, the User will be informed about the period for which the personal data will be kept or, where 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 obtained, 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 articles 8 of the GDPR and 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 processing of their personal data lawfully by phloxoak. In the case of a minor under 14 years of age, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

PHLOXOAK undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee 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 disclosure of 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, as the transmission of data between the server and the User, and in feedback, is fully encrypted or encrypted.

However, because phloxoak cannot guarantee the impregnability of the internet or the complete absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to inform the User without undue delay when a breach of the security of personal data occurs that is likely to entail a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a personal data breach is defined as 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 will be treated as confidential by the Data Controller, who undertakes to inform and guarantee by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom the information is made accessible.

Rights arising from the processing of personal data

The User has over phloxoak and may, therefore, exercise the following rights recognized in the GDPR and Organic Law 3/2018, of December 5, 2018, 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 or not phloxoak is processing their personal data and,  if so, to obtain information about their specific personal data and the processing that phloxoak has carried out or will carry out, as well as, among others, the information available on the origin of said data and the recipients of the communications made or planned to be made.
• Right to rectification: This is the User's right to have their personal data modified if they turn out to be inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure ("the right to be forgotten"): This is the right of the User,  provided that current legislation does not provide otherwise, to obtain the deletion of his/her 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 this does not have another legal basis; the User opposes the processing and there is no other legitimate reason to continue with the same; the personal data has been processed unlawfully; personal data must be erased in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services 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 implementation, shall take reasonable steps to inform the controllers who are processing the personal data of the data subject's request for the deletion of any link to that 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 contesting the accuracy of his/her personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make complaints; and when the User has objected to the processing.
• 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 Controller his/her personal data in a structured, commonly used and machine-readable format, and to transmit them to another Data Controller. Whenever technically feasible, the Data Controller will transmit the data directly to that other controller.
• Right to object: This is the User's right not to have their personal data processed or to cease the processing of their personal data by phloxoak.
• Right not to be subject to a decision based solely on automated processing, 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, existing unless otherwise established by current legislation. 

Thus, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference "RGPD-www.phloxoak.com", specifying:

• Name, surname of the User and copy of the ID card. In cases where representation is admitted, it will also be necessary to identify the person representing the User by the same means, as well as the document accrediting the representation. The photocopy of the ID card may be replaced by any other legally valid means that proves identity.
• Request with the specific reasons for the request or information to be accessed.
• Address for the purpose of notifications.
• Date and signature of the applicant.
• Any document that proves the request you make.

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

Postal address: Gornal 08902 L'Hospitalet de Llobregat Barcelona

Email: phloxoak@phloxoak.com

Links to Third Party Websites

The Website may include hyperlinks or links that allow access to websites of third parties other than phloxoak, and which are therefore not operated by phloxoak. The owners of these websites will have their own data protection policies, and they will be 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 the regulations in force in the way in which his/her personal data is being processed, he/she has 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/her habitual residence.  place of work or place of alleged violation. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.aepd.es/).