Legal Disclaimer and Privacy Policy

LEGAL DISCLAIMER

Thank you for visiting this website. We recommend that you read this document closely every time you access it, to check if there have been any changes, and leave the website if you disagree with them, because the use of this website expressly and fully entails acceptance of this Legal Disclaimer in the version made public at the time the user accesses it.

WEBSITE OWNERSHIP AND DEFINITION OF TERMS

This Legal Disclaimer contains the general terms and conditions that govern the access and use of the website http://www.agriplasticscommunity.com, which is owned by the “Armando Álvarez” company, with address at c/ Ramón de la Cruz 1, 2nd floor. 28001 – Madrid, recorded in the Madrid Trade Registry, in volume 1603, folio 15, page number M29301, operating under Tax ID number A39003025, telephone 942846100, and email address gdpr@armandoalvarez.com.

PRIVACY POLICY

As you may already know, the entry into force of the Regulation (EU) 2016/679 of the European Parliament and of the Council dated April 27, 2016, regarding the protection of personal data (hereinafter RGPD, for its acronym in Spanish) and the Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights (hereinafter LOPDGDD, for its acronym in Spanish), states the need to strengthen the levels of security and protection in terms of personal data.

We hereby inform you that we comply with all the requirements that this legislation demands and that all the data, under our responsibility, is being treated based on in the legal requirements and keeping the necessary security measures that guarantee the confidentiality of the same.

However, given new legislative developments, we believe it is appropriate to inform you about them and submit the following privacy policy so you can express consent:

Who is responsible for processing your data?

Identity: ARMANDO ÁLVAREZ, S.A.
Postal address: Av. Pablo Garnica, 20 – 39300 Torrelavega (Cantabria) – 39300 Torrelavega – Cantabria
Telephone number: 942846100
Email: gdpr@armandoalvarez.com

What is the purpose of processing your personal data?

• We collect the personal data that you provide as part of your registration, and any additional personal information that you provide to update your registration data.
• Internal use, offers, commercial processing, sending communications and managing the questions and requests for information that you may send us.
• Commercial offers and management from the Armando Álvarez Group companies and their services “With the purpose to provide offers of services that may be of your interest”.
• Management of Replies to Questions, Claims or Incidents, Requests for Information, Resources and/or Activities.
• Promotion and Information on the Organisation: Informational, Communication and Campaign Management Materials, Activities, Events, Contests and/or Recording and Publication, on the organisation’s media (including website and social media) and/or others public media, videos, recordings and photos associated with the activities carried out by the organisation “With the aim to provide information on the organisation that may be of your interest”.
• Sending out of Newsletters, Activity Reports and Information associated with the Organisation’s Activities.
• Profile Analysis “With the aim to offer you products and services in accordance with your interests, as well as to improve your user experience, we also collect information on your preferences to adapt our offers to your specific preferences, and on your marketing preferences to contact you via your preferred communication method. If you receive a service provided by us, we may collect and record your preferences on the way the service was provided, in order to improve your experience the next time. No automated decisions will be taken based on this profile.
• Consult the systems of advertising exclusion that could affect its performance, excluding from the processing the data of those affected who have expressed their opposition or refusal to it through the consultation of the systems of advertising exclusion published by the competent supervisory authority.
  Associated Management, including prior communication, that may arise from the development of any business structural modification operation or the contribution or transmission of businesses or branch of business, provided that the processing is necessary for proper operational purposes and as long as such processing guarantees, where appropriate, the continuity of the provision of services.
• Inclusion into the complaint reporting channel systems of any data associated with the notification (even anonymously) of acts or behaviours, within the organization or through the actions of third parties hired by the same, that could contradict the general or sectoral regulations applicable.
• Contact Management to analyse the efficiency of our marketing communications and to provide you with offers, tips and information.
• We collect cookies to allow you to browse efficiently through the pages and store your preferences, in addition to generally improve your experience when visiting our website. See our cookies policy.

How long do we keep your data?

We will keep your personal data as long as you continue to interact with us (for example, if you read or click on an email that we send you, visit our website or attend an event that we organise). If we have no interaction with you for three years, we will try to contact you to see if you still wish to maintain the relationship with Armando Álvarez.
If we do not hear from you (or if you inform us, at any time, that you no longer wish to maintain the relationship with Armando Álvarez), we will remove your personal data from our records.
Your information will be kept in our files as long as you continue interacting with us, based on the conservation timeframes established by current regulations, as well as the timeframes legally established for the implementation or prescription of any liability action due to breach of contract by the interested party or by the Organisation.

What is the reason for processing your data?

• To fill out the contact and/or newsletter subscription that the interested party may request.
• The processing of contact data and cases of legitimate interest in which the data controller could be an injured party and the processing and communication of the subject’s data to third parties is necessary in order to manage regulatory compliance and the defence of the interests of the data controller, as well as assumptions of legitimate interest of specific processing contemplated in the LOPDGDD: Article 19. Processing of contact details and individual entrepreneurs; Article 20. Credit information systems; Article 21. Processing related to the execution of certain commercial transactions (corporate restructuring or business transfers) Article 22. Processing for video surveillance purposes; Article 23. Advertising exclusion systems; Article 24. Internal Complaint Information Systems).
• Your unequivocal consent by accepting the clauses enabled on the forms of this website.

Who can your data be communicated to?

• Organisations or individuals directly hired and/or related by the Data Processor to provide services connected to the processing purposes:
• Publicity/Marketing Agencies as online marketing provider and entities outsourced to manage the newsletter and commercial communications.
• Group companies – see list at www.armandoalvarez.com and Agents and/or Commercial Agencies: The Armando Álvarez Group and its commercial agents have formalised agreements to guarantee that we process your personal data correctly and pursuant to data protection regulations. These agreements contain the respective duties and responsibilities towards you, and they contemplate which entity is best positioned to fulfil your needs and the verified processing purposes.
• Compliance; Management and/or Compliance Auditors and, insofar as there may be complaints on infringement of the data protection rules, they are conveyed to the “Chief Privacy Officer” who is part of the Group’s parent company.
• Complaints Channel-Compliance (Complaints about regulatory violations and violations of the code of conduct are sent to the Regulatory Compliance Unit): Access to the data contained in these systems will be limited exclusively to those who, whether or not they are in within the entity, develop the functions of internal control and compliance, or to those in charge of the processing that could be eventually designated for this purpose. However, the access by other persons, or even communication to third parties, will be deemed lawful when necessary for the enforcement of disciplinary actions or for the processing of feasible judicial proceedings, where appropriate.
• Internet service providers, who help in the administration of this website. Some of these commercial partners may be located in a country other than where you are when you access this website. The main Internet service provider is in Spain.
• Government agencies and competent authorities in cases where Armando Álvarez is required to do so in accordance with the provisions of any applicable law; or if, acting in good faith, such action is deemed as reasonably necessary to comply with a legal process; to respond to any legal claim or lawsuit; or to protect the rights of Armando Álvarez or interested parties.
• We may carry out the international transfer of your data to the extent strictly necessary to comply with the management of a project in a country outside the EU (Entities associated with the import/export of goods: Logistics agents, Customs….) or due to the location of the processing systems of processing management applications (we inform you that part of the brand’s information processing systems may be in countries outside the EU. We recommend you access the brand’s privacy policies).

Under what guarantee is your data communicated?

The communication of data to third parties is made to entities that prove to have a Personal Data Protection System based on the current legislation.
Standard contractual clauses approved by the data protection control bodies are signed with the organizations to which international data transfers may be made.

What are your rights?

• “Any person is entitled to obtain confirmation on whether we are processing personal data concerning them, or not”.
• “Interested parties are entitled to access their personal data, as well as to request the correction of inaccurate data or, if applicable, request their removal when, among other reasons, the data is no longer necessary to the purposes it was collected for”.
• Under certain circumstances, the interested parties may request limitation of the processing of their data, in which case we will only keep it to initiate or defend claims”.
• Under certain circumstances and due to reasons pertaining to their particular situation, the interested parties may oppose the processing of their data, in which case the Data Processor will stop processing the data, except for legitimate imperative reasons, or to initiate or defend possible claims”.
• By virtue of the right to portability, the interested parties are entitled to obtain the personal data pertaining to them in a structured and common use format that is mechanically read, and to transfer them to another data processor”.
• In the event that the consent has been given for a specific purpose, you are entitled to withdraw the consent at any time, and this will not affect the legality of the processing based on the consent prior to withdrawing it.
• You may lodge a claim with the Control Authority on competent matters of Data Protection, especially if you were not satisfied with the exercise of your rights, through the contact means established by said control entity.

How can you exercise your rights?

Where to go to exercise your rights:

“If you wish to exercise your rights, please use the channel established to this purpose by the data processor: gdpr@armandoalvarez.com so that we may respond to and manage your request”

Information required to exercise your rights:

To exercise your rights, we need to verify your identity and the specific request you are making; therefore, we request the following information:

• Documented information (document/email) petition in which the request is specified.
• Proof of identity as the owner of data subject to the exercise (Name, the surname of the interested party and photocopy of the ID of the interested party and/or the person representing the same, as well as the document proving such representation (legal representative, if applicable).
• In the case of the exercise of rights related to the data of deceased persons: we need a copy of:

o Family Book or Civil Registry stating the relationship of kinship or de facto relationship with the deceased and/or
o Will in which the applicant is declared as heir and/or,
o Express designation issued by the deceased to the requesting person or institution and/or
o Documentation certifying the legal representation of the deceased.
o In case of the exercise of rights of rectification and/or deletion: Affidavit of the applicant where the same proves to have the consensus of other people related to the deceased as family members or due to de facto reasons, as well as their heirs, to carry out such application.

• Where the controller has reasonable doubts regarding the identity of the natural person making the request, the same may request additional information necessary to confirm the identity of the data subject.
• Mailing address for notification purposes, date and signature of the applicant (if presented in writing), or full name and surname (in case of email), or validation of the request in a private area of the communication channel with a personal key to authenticate its identity).

By exercising the right of rectification recognised in Article 16 of the RGPD, the person concerned must indicate in the request what is the data subject of the request and the correction to be made. Also, when necessary, said person must include the supporting documentation of the inaccuracy or incompleteness of the data being processed.

Likewise, when we process a large amount of data relating to the person concerned and exercise that person’s right of access without specifying whether it relates to all or part of the data, the controller may request that the person concerned specifies the data or processing activities to which the application relates before providing the information.

General Procedure to Exercise your rights:

Once we have received the information required, we will proceed to respond to your request according to the general procedure for the exercise of rights of the organization:

• The controller shall provide the data subject with information concerning its activities based on an application under Articles 15 to 22 (Rights of the data subject) and, in any case, within one month as of the date of receipt of the request.
• That period may be extended by another two months if necessary, considering the complexity and number of applications.
• The controller shall inform the interested party of any such extensions within one month as of the date of receipt of the request, indicating the reasons for the delay.
• When the data subject applies by electronic means, the information shall be provided by electronic means whenever possible, unless the data subject requests that it be provided differently.
• Only in cases where the processing systems of the controller allow so, the right of access may be provided through a system of remote, direct and secure access to personal data that permanently guarantees full access. For that purpose, the communication between the controller and the affected person will be carried out in such a way that the access of the later to the system shall suffice to guarantee that the application for the exercise of the right is addressed. However, the data subject may request to the Data Controller the information referred to in Article 15.1 of the RGPD that was not included in the remote access system.
• If the controller does not process the request of the data subject, the controller will inform the case as soon as possible, and no later than one month as of the date of receipt of the request, stating the reasons behind its inaction and the possibility of filing a complaint before a control authority and to exercise legal proceedings.
• The information provided shall be free of charge, except for reasonable fees for administrative costs. When the person concerned chooses a means other than the one offered, which bears a disproportionate cost, the application shall be deemed excessive so that the person concerned shall bear the excess costs that such choice implies. In this case, only the Data Controller will be required to satisfy the right of access without undue delay.
• The controller may refuse to act regarding the application but shall bear the burden of demonstrating the excessive and manifestly ill-founded nature of the application. For the purposes stipulated in Article 12.5 of the RGPD, the exercise of the right of access may be considered repetitive on more than one occasion within six months, unless there is a legitimate cause for doing so.
• In cases where you proceed with the exercise of rectification or deletion, your data will be blocked: The blocking of the data consists in the identification and preservation of the same, adopting technical and organizational measures, to prevent its processing, including its display, except to make such data available to judges and courts, the Public Prosecutor’s Office or the competent Public Administrations, in particular data protection authorities, for the enforcement of possible liabilities arising from the processing and only for the limitation period thereof Once this period has elapsed, the data shall be destroyed. The blocked data may not be processed for any purpose other than that indicated above. (Art. 16 RGPD and Art.32 LOPDGDD).
• Where the deletion arises from the exercise of the right to object pursuant to Article 21.2 of the RGPD, the Data Controller may retain identification data of the data subject necessary to prevent future processing for direct marketing purposes. In cases where you do not want your data to be processed for the referral of commercial communications, we refer you to existing advertising exclusion systems, according to information published by the competent supervisory authority (AEPD) at its website www.aepd.es
• In cases where the processing of personal data is limited, such fact will be recorded in the information systems of the Data Controller.
• If a debt is certain, due and payable, a communication is sent to the debtor at the time of payment regarding the possibility of inclusion in these systems (the organisation’s payment default treatment), indicating to which system the debtor belongs (collection agencies for the management of the relevant claim…), and if the debt is not collected within a maximum period of 15 days from the notification of the insolvency, the debtor is informed of the possibility of exercising the rights established in articles 15 to 22 of the RGPD within 30 days following the notification of the debt to the system, with the data remaining blocked during this period.
• Persons related to the deceased for family or de facto reasons, as well as their heirs, may contact the data controller or data processor in order to request access to the personal data of the deceased and, where appropriate, their rectification or deletion. As an exception, the persons referred to in the preceding paragraph may not access the data of the deceased, nor request their rectification or deletion, when the deceased person has expressly prohibited it or when so provided by law. Such prohibition shall not affect the right of the heirs to access the data of the deceased’s estate.

What are the methods for placing a claim?

If you believe that your rights were not duly taken care of, you are entitled to submit a claim before the competent data protection authority (www.agpd.es)

How is your personal data safely stored?

Armando Álvarez takes all the steps required to keep your personal data private and safe. Only persons authorised by Armando Álvarez, authorised third-party employees (for example, service providers) or authorised staff of our commercial partners (who have the legal and contractual obligation to store all the information safely) have access to your personal data. All of the Armando Álvarez staff who have access to your personal data is required to undertake to observe the Armando Álvarez Privacy Policy and the data protection regulations, and all third-party employees who have access to your personal data must sign the confidentiality agreements under the terms established by current legislation. In addition, third-party companies who have access to your personal data are bound by contract to store your data safely. To ensure that your personal data is protected, Armando Álvarez has an IT safety environment and takes the necessary measures to prevent non-authorised access.

The Armando Álvarez Group companies have formalised agreements to guarantee that we process your personal data correctly and pursuant to data protection regulations. These agreements contain the respective duties and responsibilities towards you, and they contemplate which entity is best positioned to fulfil your needs. These agreements between companies of the group do not affect your rights by virtue of the data protection law. Please contact us via the contact channels stated below if you wish to obtain further information on these agreements.

INTELLECTUAL PROPERTY

The content provided at Agriplastics Community is subject to copyright and intellectual property rights. Thus, pursuant to Intellectual Property regulations, it is strictly for private use.
Any other use will be considered an infringement of Intellectual Property and will be duly penalised, unless there is prior authorisation from Agriplastics Community.
Agriplastics Community respects third-party intellectual and industrial property. If you believe that your Intellectual Property Rights were used in a way that could lead to disputes due to infringement, please immediately inform Agriplastics Community.
Agriplastics Community will then begin the necessary actions to eliminate the content object of the claim, when necessary, or will respond to the claim within a reasonable period.

OPINIONS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Users may participate through Agriplastic Community with comments, provided that their content is not illegal, obscene, abusive, threatening, slanderous, does not invade the privacy of third parties, violate intellectual property rights or is insulting or reprehensible in any way for third parties and provided that the content does not contain computer viruses, political propaganda, publicity content, chain mail, mass mailing or any other type of “spam”.

Any user who wishes to publish content of any type (hereinafter the “user’s content”) undertakes to grant Agriplastics Community a license for publication, which covers the entirety of intellectual property rights and any other rights that the user may have on said content.

Therefore, the User authorises Agriplastics Community so that it may, free of charge, world-wide and with no restrictions or reservations whatsoever, publish the “user’s content”, accepting that they will not receive any compensation for these publications.

These rights include the right of reproduction, representation, dissemination, transformation, distribution and public communication, by any procedure and in all formats and media, of all or part of the “User’s content” that the User has sent or published through the Platform.

The User accepts that the “user’s content” may be used dissociated at any time, both promotionally and commercially, by decision of Agriplastics Community, or it may be published on the Platform. The User also accepts that Agriplastics Community may use the “user’s content” to quote them and associate it with their pseudonym or with their name on their promotional, marketing and publicity operations.

This license shall be valid in any language, throughout the world and for the protection period agreed for the “user’s content” and their rights, pursuant to Spanish and European legislation.

The User expressly states that any “user’s content” entered on the Agriplastics Community platform effectively belongs to the user or has the authorisation of the legitimate owners or licensees of the content, and does not infringe the intellectual property rights of third parties and, specifically, the Agriplastics Community rights or the right to honour or image of third parties or any other third-party rights. Data or content pertaining to children under 14 years of age may not be provided or entered by the User in their “user’s content”.

The user acknowledges that they have been informed that the Agriplastics Community:

• Rejects any type of liability regarding the exploitation or the dissemination of the “user’s content” on any media;
• May remove from its Platform the “user’s content” if in its opinion this content infringes the rights of Agriplastics Community or of third parties, as well as these Conditions, all this notwithstanding any legal action that may be taken against the User due to said infringements.

ACCEPTANCE AND CHANGES TO THE LEGAL DISCLAIMER AND PRIVACY POLICY

ARMANDO ÁLVAREZ reserves the right to make, at any time, any modifications, variations, deletions or cancellations in the contents and in the form of presentation of the same that deems appropriate. Therefore, we recommend that you consult our privacy policy whenever you deem convenient. If you do not agree with any of the changes, you may exercise your rights under the procedure described by sending an email to gdpr@armandoalvarez.com.
In compliance with the provisions of the regulations on the protection of personal data, we process the information you provide us during the commercial relationship (as well as the personal data of other people that you could provide us) for the purposes specified in this privacy policy. In this sense, you declare that you have been informed, that you consent, and that you will inform and have the consent of third parties from which you provide us with personal data for such processing.

APPLICABLE LEGISLATION AND JURISDICTION

You state that the continuous use of our Services after publishing or sending a notification regarding our changes to this Privacy Policy means that the collection, use and shared use of your personal data are subject to the updated Privacy Policy.

The relationship established between Armando Álvarez and the user will be governed by current regulations on applicable legislation and competent jurisdiction. Spanish law will be the only applicable legislation. In those cases where regulations provide for the possibility of the parties expressly submitting to a jurisdiction, Armando Álvarez and the user, expressly renouncing any other jurisdiction they may be under, submit to the courts of the city of Torrelavega.

Last updated at: 24/03/21

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