The data protection regulations allow you to exercise your rights of access, rectification, opposition, deletion,
limitation of treatment, portability and to not be subject to individualised decisions before the data controller.
These
rights are as follows in nature:
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They are free to exercise
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If the requests are manifestly unfounded or excessive (for example, repetitive), the controller may:
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Charge a fee proportionate to the administrative costs incurred.
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Refuse to take action.
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Requests must be answered within one month, although, bearing the complexity and number of requests in mind, the
term
can be extended for a further two months.
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The person data controller is required to inform you about the means for exercising these rights. These means
must be
accessible and this right cannot be denied for the sole reason that you choose another means.
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If the request is submitted by electronic means, the information will be provided by these means whenever
possible,
unless the data subject requests otherwise.
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If the data controller does not process the request, they shall provide information, within no more than one
month, of
the reasons for their non-action and the possibility of claiming before a Control Authority.
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You can exercise your rights directly or through your legal representative.
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The data processor may respond to your request on behalf of the data controller when both have established so in
the
contract or legal instrument that binds them.
RIGHT OF ACCESS
The right of access entitles you to contact the data controller to find out whether your personal data is being
processed.
RIGHT OF RECTIFICATION
The right of rectification entitles you to correct your personal data that is inaccurate without undue delay from
the
data controller.
Bearing in mind the purposes of processing, you have the right to have incomplete personal data completed, including
by
means of an additional statement.
Your request must indicate the data to which you refer and the correction that needs to be made. Furthermore, when
necessary, you must accompany your request with the documentation that justifies the inaccuracy or incompleteness of
your data.
RIGHT OF OPPOSITION
The right of opposition, as its name suggests, means that you can oppose the data controller in the following cases:
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When they are subject to processing based on a mission of public interest or legitimate interest, including
profiling.
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When the processing is for the purpose of direct marketing, including this profiling.
RIGHT OF DELETION
The right of deletion may be exercised before the data controller, requesting the deletion of your personal data in
any
of the following circumstances:
-
If your personal data is no longer necessary in relation to the purposes for which it was originally collected
or
otherwise processed.
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If the processing of your personal data was based on the consent you gave to the data controller, and you
withdraw it,
provided that the aforementioned processing is not based on another legitimising cause.
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The processing by the controller was based on the legitimate interest or in the fulfilment of a mission of
public
interest and other reasons have not prevailed to legitimise the processing of your data.
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For your personal data to be subject to direct marketing, including profiling related to said marketing.
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If your personal data have been processed unlawfully.
However, this right is not unlimited, meaning that it may not be possible to proceed with the deletion when the
processing is required for purposes of exercising freedom of expression and information, for the fulfilment of a
legal
obligation, for the fulfilment of a mission carried out in the public interest or in the exercise of public powers
vested in the controller, for reasons of public interest, in the field of public health, for archiving purposes in
the
public interest, scientific or historical research purposes or statistical purposes, or for the preparation,
exercise or
defence of claims.
The data processor will be required to block the data when it proceeds with its rectification or deletion.
The blocking of data consists of its identification and reservation, adopting technical and organisational measures
to
prevent its processing, including its visualisation, except for the provision of the data to the judges and courts,
the
public prosecutor's office or the competent public administrations, in particular the data protection authorities,
for
the requirement of possible liability resulting from the processing and only for the limitation period thereof.
Once this period has elapsed, the data must be destroyed.
RIGHT TO RESTRICT PROCESSING
This new right consists of limiting the processing of your data by the data controller, although there are two parts
to
its exercise:
You may request the suspension of your data processing
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When you dispute the accuracy of your personal data, during a period that allows the controller to verify this.
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When you have objected to the processing of your personal data that the controller performed based on legitimate
interest or public interest mission, while the controller verifies whether these reasons prevail over your data.
Asking the data processor to store your data:
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When the processing is illegal and you have opposed the deletion of your data and instead ask for its use to be
limited.
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When the data controller no longer needs the personal data for the purposes of processing, but the data subject
needs
them for the preparation, exercise or defence of claims.
RIGHT TO PORTABILITY
The purpose of this new right is to further strengthen the control of your personal data, so that when processing is
automated, you receive your personal data in a structured, commonly used, machine-readable and interoperable format,
and
can transmit them to another person responsible for the processing, provided that the processing is legitimised on
the
basis of consent or as part of the execution of a contract. However, this right, by its very nature, cannot be
applied
when the treatment is necessary for the fulfilment of a mission of public interest or in the exercise of public
powers
conferred on the controller.