Company name: Fitness 22 LM Embid SL (hereinafter referred to as the Data Controller)
Trade name: Fitness 22 LM Embid SL
Tax ID (NIF): B67821090
Address: Calle Marqués de Urquijo, 30 – 1, 28008
e-mail: yolanda@yolandayuste.com

In compliance with current legislation, the Data Controller undertakes to adopt the necessary technical and organizational measures appropriate to the level of risk associated with the data collected.

Laws incorporated into this Privacy Policy

This Privacy Policy is adapted to the current Spanish and European regulations on the protection of personal data on the internet. In particular, it complies with the following regulations:

• 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 December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
• Royal Decree 1720/2007, of December 21, approving the Regulation implementing Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
• Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE).

Personal Data Records

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by the Data Controller through the forms available on its pages will be incorporated and processed in our files in order to facilitate, streamline, and fulfill the commitments established between the Data Controller and the User, or to maintain the relationship established through the forms completed by the User, or to respond to a request or inquiry. 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 record of processing activities is maintained, specifying, 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 shall be subject to the following principles set out in Article 5 of the GDPR and in Articles 4 and following of Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights:

• Principle of lawfulness, fairness, and transparency: the User’s consent shall be required at all times, following the provision of clear and transparent information regarding the purposes for which personal data are collected.
• Purpose limitation principle: personal data shall be collected for specified, explicit, and legitimate purposes.
• Data minimization principle: personal data collected shall be limited to what is strictly necessary in relation to the purposes for which they are processed.
• Accuracy principle: personal data must be accurate and kept up to date at all times.
• Storage limitation principle: personal data shall be kept in a form that permits identification of the User only for as long as necessary for the purposes of its processing.
• Integrity and confidentiality principle: personal data shall be processed in a manner that ensures its security and confidentiality.
• Accountability principle: the Data Controller shall be responsible for ensuring compliance with the above principles.

Categories of personal data

The categories of data processed on the Data Controller’s website are limited to identifying data only. Under no circumstances are special categories of personal data, as defined in Article 9 of the GDPR, processed.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. The Data Controller undertakes to obtain the User’s explicit and verifiable consent for the processing of their personal data for one or more specific purposes.

The User shall 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 shall not affect the use of the Website.

Whenever the User is required or able to provide their data through forms to make inquiries, request information, or for reasons related to the content of the Website, they will be informed if the completion of any of them is mandatory, as such data may be essential for the proper processing of the request.

Purposes of the processing of personal data

Personal data are collected and processed by the Data Controller for the purpose of facilitating, streamlining, and fulfilling the commitments established between the Website and the User, as well as maintaining the relationship established through the forms completed by the User, or to respond to a request or inquiry.

Likewise, the data may be used for commercial purposes, including personalization, operational and statistical analysis, and activities related to the Data Controller’s business purpose, as well as for data extraction, storage, and marketing studies in order to tailor the content offered to the User and to improve the quality, performance, and navigation of the Website.

At the time personal data are collected, the User will be informed of the specific purpose or purposes of the processing for which the data will be used; that is, the intended use or uses of the information collected.

Retention periods of personal data

Personal data will be retained only for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 18 months, or until the User requests its deletion.

At the time the personal data is collected, the User will be informed of the period for which the personal data will be retained 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 collected, the User will be informed of the recipients or categories of recipients of the personal data.

Personal information of minors

In accordance with Article 8 of the GDPR and Article 7 of Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights, only individuals aged 14 or older may lawfully consent to the processing of their personal data by the data controller. In the case of a child under 14 years of age, the consent of the parents or guardians is required for the processing, and such processing will only be considered lawful to the extent that they have authorized it.

Confidentiality and Security of Personal Data

The data controller undertakes to implement the necessary technical and organizational measures, commensurate with the level of security appropriate to the risk associated with the data collected, in order to ensure the security of personal data and to prevent the accidental or unlawful destruction, loss, or alteration of personal data that is transmitted, stored, or otherwise processed, as well as unauthorized disclosure of or access to such data.

However, since the controller cannot guarantee the impregnability of the internet or the complete absence of hackers or others who fraudulently access personal data, the controller undertakes to notify the user without undue delay whenever a personal data breach occurs that is likely to result in 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 leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.

Personal data will be treated as confidential by the Data Controller, who undertakes to ensure, through a legal or contractual obligation, that such confidentiality is respected by its employees, associates, and any person to whom the information is disclosed.

Rights related to the processing of personal data

The User has certain rights with respect to the data controller and may therefore exercise the following rights, as recognized in the GDPR and Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights, against the data controller:

• Right of access: The User has the right to obtain confirmation as to whether or not the data controller is processing their personal data and, if so, to obtain information regarding their specific personal data and the processing that the data controller has carried out or is carrying out, as well as, among other things, information available regarding the origin of such data and the recipients of any communications made or planned regarding such data.
• Right to rectification: The User has the right to have their personal data corrected if it is inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure (“the right to be forgotten”): The User has the right, unless otherwise provided by applicable law, to have their personal data erased when such data is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis for it; the User objects to the processing and there is no other legitimate reason to continue it; the personal data has been processed unlawfully; the personal data must be erased to comply 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 available technology and the cost of implementation, must take reasonable measures to inform the controllers processing the personal data of the data subject’s request to remove any links to such 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 restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to assert legal claims; and when the User has objected to the processing.
• Right to data portability: If the processing is carried out by automated means, the User has the right to receive their personal data from the Data Controller in a structured, commonly used, and machine-readable format, and to transmit that data to another data controller. Where technically feasible, the Data Controller will transmit the data directly to that other data controller.
• Right to object: The User has the right to prevent the controller from processing their personal data or to have such processing ceased.
• The right not to be subject to a decision based solely on automated processing, including profiling: The User has the right not to be subject to an individual decision based solely on the automated processing of their personal data, including profiling, unless otherwise provided by applicable law.

Therefore, the User may exercise their rights by sending a written request to the Data Controller, specifying:

• The User’s first and last names and a copy of their ID card. In cases where representation is permitted, the person representing the User must also provide identification using the same method, as well as a document proving the power of attorney. The photocopy of the ID card may be replaced by any other legally valid means of proving identity.
• A request stating the specific reasons for the request or the information you wish to access.
• Address for service of process.
• Date and applicant's signature.
• Any document supporting the request you are making.

Links to Third-Party Websites

The Website may include hyperlinks or links that provide access to third-party websites not operated by the controller. The owners of such websites have their own data protection policies and are, in each case, responsible for their own data files and privacy practices.

Complaints to the supervisory authority

If the User believes that there is a problem or a violation of applicable regulations regarding the way in which their personal data is being processed, they have the right to effective judicial protection and to file a complaint with a supervisory authority, specifically in the country where they have their habitual residence, place of work, or the location of the alleged violation. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.aepd.es/).

II. Acceptance and Changes to This Privacy Policy

The User must have read and agreed to the terms regarding the protection of personal data contained in this Privacy Policy, and must consent to the processing of their personal data so that the Data Controller may process such data in the manner, within the timeframes, and for the purposes specified herein. Use of the Website constitutes acceptance of its Privacy Policy.

The data controller reserves the right to modify its Privacy Policy at its sole discretion or in response to changes in legislation, case law, or guidelines issued by the Spanish Data Protection Agency. The User will not be explicitly notified of any changes or updates to this Privacy Policy. Users are advised to check this page periodically to stay informed of the latest changes or updates.

This Privacy Policy has been updated to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights.