Privacy Policy
Visiting this Website does not imply any obligation to provide any type of personal information.
Should the User provide any information of a personal nature, the details collected on this Website will be used for the purpose, in the manner and within the restrictions and rights set out in Directive 2016/679 of the European Parliament and of the Council of 23 April 2009, regarding the Privacy Policy and Declaration of Personal Data Protection.
In compliance with the provisions of the above-mentioned regulations, BAUMGARTEN ESPAÑA, S.L., as Responsible for the File informs you that your personal data collected through this Website will be subjected to automated processing in our files duly registered with the Spanish Agency for Data Protection (AEPD). All our files are protected by computer security measures guaranteing that both access and treatment are secure, confidential, anonymous and in accordance with the computer security regulations established by the GDPR.
The main purpose of these files is to manage the requests made and to answer them as well as activities of our corporate purpose, consisting of manufacturing and selling our products and those of administrative and accounting management of the company.
By accepting our privacy policy, you, as a User, agree that the email provided by the User may be used for advertising and commercial purposes. By agreeing to this data protection policy, you expressly agree that BAUMGARTEN ESPAÑA, S. L. can send you advertising and/or information about our services and the information that we consider may be of interest to you by sending advertising, either through a newsletter, digital advertising, telephone or by mail. You can always unsubscribe and stop receiving such advertising.
The data provided may be subject to processing and/or assignment to third parties for the sole purpose of managing the request made by the User and fulfilling our legal obligations (agency, Public Administrations, etc.). BAUMGARTEN ESPAÑA, S. L. guarantees that these assignees of the data have the same or a higher level of security for the treatment of the data than BAUMGARTEN ESPAÑA, S.L.
BAUMGARTEN ESPAÑA, S.L. does not carry out massive data processing, nor will it transfer its data to third parties at an international level. Your data be will never be assigned for a different purpose than the above indicated.
BAUMGARTEN ESPAÑA, S. L. informs you that once the contractual relationship between the parties has ended, due to its normal termination or because you, as an interested party, express your wish to cancel your data in our files, or because more than one year has passed without any activity between the parties, the company will only keep them for the time strictly necessary to comply with their legal obligations. The data will be transferred to a file of temporary nature and just for consultation, where they will be stored securely and where they will be protected by computer security measures that impede free access to them, and guarantee their anonymization and confidentiality during the time of mandatory preservation.
As a User and interested party, and by virtue of your right to information, in this section we expressly inform you that you are the owner of the rights indicated below, and which are respected by BAUMGARTEN ESPAÑA, S. L. in the processing of your personal data:
• Right of access: By virtue of the right of access, the concerned party may obtain from the data controller information relating to specific data, included in a specific file, or to all of its data submitted for processing. This right constitutes the pillar of the rights that the concerned party has, since it is granted a right to know which data submitted to procedure, and consequently, to allow control over the data, by which method the stakeholder is authorized to know the information related to his person that consists of databases and automated files or not.
• Right of rectification: It is the right of the concerned party to modify the data that prove to be inaccurate or incomplete.
• Right to cancellation: Exercising the right of cancellation will result in the deletion of data that prove to be inadequate or excessive, without prejudice to the duty to block in accordance with the provisions of current legislation.
• Opposition right: It is the right of the concerned party not to carry out the processing of their personal data or to cease it in the following cases:
- When your consent for procedure is not necessary, as a consequence of the concurrence of a legitimate and well-founded reason, referring to your specific personal situation, justifying it, provided that a Law does not provide otherwise.
- In case of files intended to carry out advertising and commercial prospecting activities, regardless of the company responsible for their creation.
- When the procedure is aimed to adopt a decision referred to the concerned and based solely on an automated procedure of their personal data.
• Right to transparency: All processing of personal data must be lawful and loyal. For individuals, it must be entirely clear that personal data concerning them are collected, used, consulted or, otherwise, treated, as well as the extent to which these data are or will be processed.
• Right to be forgotten: The stakeholder shall have the right to obtain, without undue delay from the data controller, the deletion of personal data concerning him, which shall be obliged to remove the personal data without undue delay when any of the following circumstances arise:
- The stakeholder withdraws the consent on which the procedure is based in accordance with Article 6, point 1, letter a) of the GDPR or Article 9, point 2, letter a) of the GDPR, and this is not based on another legal background;
- the stakeholder opposes the procedure following Article 21, point 1 of the GDPR, and no other legitimate grounds for the procedure prevail, or the stakeholder opposes the procedure under Article 21, point 2 of the GDPR;
- personal data have been processed unlawfully; and
- personal data should be deleted for the fulfilment of a legal obligation established within the EU Law or in the EU Member Estates applied to the data controller.
• Right to restriction of processing: The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the data subject opposes the personal data be erased and requests their use be restricted instead;
- the controller no longer needs the personal data for processing purposes, but they are required by the data subject for the establishment, exercise or defence of legal claims; and
- the data subject has objected to processing pursuant to Article 21, point 1 of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
• Right to data portability: The data subject shall have the right to receive personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, when:
- the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) point (b) in the GDPR; and
- the processing is carried out by automated means.
All the foregoing rights, as well as those that may arise in accordance with current regulations on data protection, whether national or EU are very personal and will be exercised by the concerned party. Such rights shall be exercised:
- By the data subject proving his/her identity
- When the data subject is disabled or a minor which makes it impossible for them to exercise these rights personally, those can be exercised by their legal representative, who in that case will need to prove that condition.
- The rights may also be exercised through a voluntary representative, expressly designated for the exercise of the right. In this case, the identity of the represented party must be clearly evidenced, through the provision of a copy of the National Identity Document or equivalent document, and the representation conferred by the latter.
The general conditions for the exercise of rights are:
- The rights are independent rights, in such a way that it cannot be understood that the exercise of any of them is a prerequisite for the exercise of another.
- The exercise by the affected party of their rights will be free.
The exercise of rights must be carried out through by checking the corresponding box on each of our emails (newsletter), with automatic effects, or if you prefer, by a communication addressed to the person in charge of the file in our office in Terrassa (Barcelona), Géminis St. 54, 08228, or by email to comercial@baumgarten-spain.com, which will contain:
- Data subject name and surname; copy of the National Identity Document or equivalent document. In case of a representative, the document that prove that condition. The previous paragraph will be understood without prejudice to the specific regulations applicable to the verification of identity data by the Public Administrations in administrative procedures.
- The application with the clear petition.
- The notification address, the date and the signature.
- The documents regarding the petition done, if necessary.
Likewise, once informed of their rights, and in relation to the data provided, the USER expressly accepts that:
Your data are used to send you information, training and marketing of our services, via conventional or electronic means that you may consider of interest within the services we provide
If the data subject provides personal contact data of third parties, such as, for example, the User’s employees, the latter agrees to inform the holders of said data of this clause, informing them prior to such communication to BAUMGARTEN ESPAÑA, S. L., of all the aspects included in it, especially the existence of the file, the purposes of the treatment and the possibility of exercising rights.
If not communicated, the data subject pledges to leave BAUMGARTEN ESPAÑA, S. L., without prejudice, for any damage, loss, expense or sanction of any jurisdictional order that could be caused by the lack of communication of this clause to the owners of the data provided by the data subject.
We will proceed to the cancellation and deletion of the data collected when they are no longer necessary or relevant for the purpose for which they were collected, or when you as a User, so request it according to your right of cancellation.
If the data collected were used for a purpose than the one for which they were collected or gathered, the express prior consent of the interested parties will be required.
BAUMGARTEN ESPAÑA, S. L. informs you that we will proceed to the cancellation of the collected data when they cease to be necessary or pertinent to the purpose for which they were collected, or when you, as a data subject, proceed to request it according to your right of cancellation. Also we inform you that we have adopted all the necessary technical and organizational measures at our disposal to guarantee the security and the integrity of the data, as well as to avoid their alteration, loss, treatment or an unauthorized access to them.
The data requested on the Website are required. Refusing to provide the requested data will mean the non-provision or inability to access the service for which they were requested, given that if you do not provide them, nor does it provide your express consent for your treatment, this party would not be complying with its legal obligations derived from the current regulations for the Protection of Personal Data.
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