PRIVACY POLICY

https://afmcreativestudio.com

I. PRIVACY POLICY AND DATA PROTECTION

In compliance with current legislation, afm creative studio (hereinafter also referred to as the Website) commits to adopting the necessary technical and organizational measures, at a level of security appropriate to the risk posed by 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 complies with 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 Personal Data Protection and the guarantee of digital rights (LOPD-GDD).

  • Royal Decree 1720/2007, of 21 December, approving the Regulation implementing Organic Law 15/1999, of 13 December, 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 data controller

The controller of the personal data collected on afm creative studio is: Ana Fernandez Martin, NIF: 76441852H (hereinafter, the Data Controller). Contact details are as follows:

Personal Data Register

In compliance with the GDPR and LOPD-GDD, we inform you that the personal data collected by afm creative studio through the forms on its pages will be incorporated and processed in our records for the purpose of facilitating, streamlining, and fulfilling the commitments established between afm creative studio and the User, or maintaining the relationship established through the forms the User completes, or to address a request or query from the User. Likewise, in accordance with the GDPR and LOPD-GDD, unless the exception provided in Article 30.5 of the GDPR applies, a record of processing activities is maintained specifying, by purpose, the processing activities carried out and 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 Articles 4 et seq. of Organic Law 3/2018:

  • Principle of lawfulness, fairness, and transparency: the User's consent will always be required following fully transparent information about the purposes for which personal data is collected.

  • Purpose limitation principle: personal data will be collected for specified, explicit, and legitimate purposes.

  • Data minimization principle: only the personal data strictly necessary in relation to the purposes for which it is processed will be collected.

  • Accuracy principle: personal data must be accurate and kept up to date.

  • Storage limitation principle: personal data will only be kept in a form that permits identification of the User for as long as necessary for the purposes of its processing.

  • Integrity and confidentiality principle: personal data will be processed in a manner that ensures its security and confidentiality.

  • Accountability principle: the Data Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by afm creative studio are solely identification data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for processing personal data is consent. afm creative studio commits to obtaining the User's express 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. Withdrawing consent shall be as easy as giving it. As a general rule, withdrawal of consent will not affect use of the Website. Where the User must or may provide their data through forms to make enquiries, request information, or for reasons related to the Website's content, the User will be informed if completing any of them is mandatory because they are essential for the correct execution of the operation performed.

Purposes of personal data processing

Personal data is collected and managed by afm creative studio for the purpose of facilitating, streamlining, and fulfilling the commitments established between the Website and the User, or maintaining the relationship established through the forms the User completes, or to address a request or query. Data may also be used for commercial personalization, operational, and statistical purposes, and for activities inherent to afm creative studio's corporate purpose, as well as for data extraction, storage, and marketing studies to tailor the content offered to the User and improve the quality, performance, and navigation of the Website. At the time personal data is collected, the User will be informed of the specific purpose(s) for which it will be used.

Personal data retention periods

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: 24 months, or until the User requests its deletion. At the time personal data is collected, the User will be informed of the period for which it will be stored or, where that is not possible, the criteria used to determine that period.

Recipients of personal data

The User's personal data will be shared with the following recipients or categories of recipients:

  • Squarespace Ireland Limited: Squarespace House, Ship Street Great – D08 N12C, Ireland

Should the Data Controller intend to transfer personal data to a third country or international organization, at the time the data is collected, the User will be informed of the destination country or organization, as well as the existence or absence of an adequacy decision by the European Commission.

Personal data of minors

In compliance with Articles 8 of the GDPR and 7 of Organic Law 3/2018, only persons over 14 years of age may lawfully give their consent to the processing of their personal data by afm creative studio. For persons under 14, the consent of parents or legal guardians will be required, and processing will only be considered lawful to the extent that they have authorized it.

Confidentiality and security of personal data

afm creative studio commits to adopting the necessary technical and organizational measures, at a level of security appropriate to the risk of the data collected, in order to ensure the security of personal data and prevent its accidental or unlawful destruction, loss, or alteration, or unauthorized communication or access.

However, as afm creative studio cannot guarantee the impenetrability of the internet or the complete absence of hackers or others who may fraudulently access personal data, the Data Controller commits to notifying the User without undue delay when a personal data security 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 security breach is defined as any breach of security leading to the accidental or unlawful destruction, loss, alteration, or 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 commits to informing and ensuring, through 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 the following rights with respect to afm creative studio and may exercise them against the Data Controller, as recognized in the GDPR and Organic Law 3/2018:

  • Right of access: the right to obtain confirmation of whether afm creative studio is processing the User's personal data and, if so, to obtain information about the specific data and how it is being processed, including information about the origin of the data and the recipients of any communications.

  • Right of rectification: the right to have inaccurate or incomplete personal data corrected.

  • Right to erasure ("right to be forgotten"): the right, unless current legislation provides otherwise, to obtain the deletion of personal data when it is no longer necessary for the purposes for which it was collected; when the User withdraws consent and there is no other legal basis; when the User objects and there is no other legitimate reason to continue; when data has been unlawfully processed; when deletion is required by law; or when data was collected in connection with an offer of information society services to a minor under 14.

  • Right to restriction of processing: the right to limit the processing of personal data when its accuracy is contested; when processing is unlawful; when the Data Controller no longer needs the data but the User needs it for legal claims; or when the User has objected to processing.

  • Right to data portability: where processing is carried out by automated means, the right to receive personal data in a structured, commonly used, machine-readable format and to transmit it to another data controller.

  • Right to object: the right to object to the processing of personal data by afm creative studio.

  • Right not to be subject to automated individual decision-making, including profiling: the right not to be subject to a decision based solely on automated processing, including profiling, unless current legislation provides otherwise.

The User may exercise these rights by sending a written communication to the Data Controller with the reference "GDPR-https://afmcreativestudio.com", including:

  • Full name and a copy of the User's national ID. Where representation is permitted, the representative's identification and proof of authority are also required. A photocopy of the national ID may be replaced by any other valid means of proving identity.

  • The request with specific grounds for the request or the information to be accessed.

  • Address for notification purposes.

  • Date and signature of the applicant.

  • Any document supporting the request.

This request and any attached documents may be sent to:

Links to third-party websites

The Website may include hyperlinks or links to third-party websites not operated by afm creative studio. Those website owners will have their own data protection policies and will be solely responsible for their own files and privacy practices.

Complaints to the supervisory authority

If the User considers that there is a problem or infringement of current regulations regarding the processing of their personal data, they have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work, or place of the alleged infringement. In 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 conditions on the protection of personal data contained in this Privacy Policy, and must accept the processing of their personal data in order for the Data Controller to proceed in the manner, within the periods, and for the purposes indicated. Use of the Website will imply acceptance of its Privacy Policy.

afm creative studio reserves the right to modify its Privacy Policy at its own discretion, or as required by legislative, jurisprudential, or doctrinal changes from the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. Users are advised to check this page periodically to keep up to date with any changes.

This Privacy Policy was updated to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and Organic Law 3/2018, of 5 December, on Personal Data Protection and the guarantee of digital rights.