Privacy Policy

PRIVACY POLICY

 

 

1. PRIVACY POLICY AND DATA PROTECTION

 

Respecting the provisions of current legislation, Beatclap (“Website”) is committed to the adoption of the necessary technical and organisational measures to ensure the protection of your data, in accordance with the level of security that corresponds to the nature of the data collected.

 

 

Laws invoked by this privacy policy

 

This privacy policy is based upon the applicable Spanish and European Union regulations on personal data protection on the internet, specifically, the following:

 

  • 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 the free movement of such data (General Data Protection Regulation) (GDPR)
  • Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD)
  • Royal Decree-Law 1720/2007 of 21 December, which approves the extrapolation, development and application of Organic Law 15/1999 of 13 December on Personal Data Protection (RDLOPD).
  • Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE).

 

 

Entity responsible for the processing of personal data

 

The entity (“Data Controller”) responsible for the processing of the personal data collected by Beatclap is: BEATCLAP S.L., with fiscal identification number (NIF): B01716257, listed in the Mercantile Registry of Madrid (Registro Mercantil de Madrid) with the following directory information: Tomo 40616, Folio 210, Hoja M-720767. The representative of BEATCLAP S.L. is Jorge Garrido Ramos (“Officer of Data Processing”). His contact information is:

 

Mailing address: Chiquinquira 46 B-1 posterior
Phone number: +34-627-205-001
E-mail: Info@beatclap.com

 

 

Collection of Personal Data

 

In compliance with the provisions of the General Data Protection Regulation (GDPR) and the LOPD-GDD, we inform you that the personal data collected by Beatclap through the forms on its web pages will be incorporated and processed in our files in order to facilitate, expedite and fulfill the commitments established between Beatclap and the User or to maintain the relationship established in the forms that the User fills out, or to respond to a request or consultation of User. 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 is applicable, a register of processing activities is kept which specifies, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.

 

 

Principles applicable to personal data processing

 

The processing of the User’s personal data will be subject to the following principles contained in Article 5 of the GDPR and in Article 4 and following articles of Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights:

 

  • ‘Lawfulness, fairness and transparency’: the User’s consent will be required at all times for personal data collection, only after being informed in a completely transparent manner of the purposes for which the personal data are being collected.
  • ‘Purpose limitation’: personal data will be collected for specified, explicit and legitimate purposes.
  • ‘Data minimization’: the personal data collected will be adequate, relevant and limited to what is necessary in relation to the purposes for which they are being processed.
  • ‘Accuracy’: personal data will be accurate and, where necessary, kept up to date.
  • ‘Storage limitation’: personal data will be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are being processed.
  • ‘Integrity and confidentiality’: personal data will be processed in a manner that ensures its appropriate security and confidentiality.
  • ‘Accountability’: The Data Controller shall be responsible for, and be able to demonstrate compliance with, the above principles.

 

 

Categories of personal data

 

Beatclap exclusively processes identification data. In no case is there processing of special categories of personal data as laid out in Article 9 of the GDPR.

 

 

Legal basis for the processing of personal data

 

The legal basis for the processing of personal data is consent. Beatclap commits to obtain the User’s express and verifiable consent to the processing of his/her personal data for one or more specific purposes.

 

The User will have the right to withdraw his/her consent at any time. Withdrawing consent will be as easy as giving it. As a general rule, withdrawal of consent shall not affect the use of the Website.

 

When the User must or may provide his/her data through forms to make queries, request information or for reasons related to the content of the Website, he/she will be informed if the completion of any of these forms is compulsory due to the fact that they are essential for the correct execution of the operation taking place.

 

 

Purposes of personal data processing

 

Personal data are collected and managed by Beatclap in order to facilitate, expedite and fulfil the commitments established between the Website and the User, or the maintenance of the relationship established in the forms that the latter fills in, or to deal with a request or query.

 

Likewise, the data may be used for commercial purposes of personalization, operational and statistical purposes, and activities inherent to Beatclap’s corporate purpose, as well as for the extraction and storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, functionality and navigability of the Website.

 

At the time the personal data is obtained, the User will be informed about the specific purpose(s) of the processing for which the personal data will be used; that is, the use or uses that will be made of the information collected.

 

 

Periods of storage of personal data

 

Personal data will only be stored for the minimum time necessary for the purposes of their processing and, in any event, only for the following period: 5 years, or until the User requests their erasure.

 

At the time the personal data is obtained, the User will be informed about the period during which the personal data will be stored or, when 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 event, at the time the personal data is obtained, the User will be informed about the recipients or categories of recipients of the personal data.

 

 

Children’s personal data

 

In compliance with the provisions of Article 8 of the GDPR and Article 7 of Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights, only those persons over 14 years of age may give their consent to the lawful processing of their personal data by Beatclap. In the case of a minor under 14 years of age, the consent of the parents or guardians will be required for the processing, and this processing will only be considered lawful to the extent that the parents or guardians have authorised it.

 

 

Secrecy and security of personal data

 

Beatclap is committed to adopting the necessary technical and organizational measures, in accordance with the level of security appropriate to the nature of the data collected, in order to guarantee the security of personal data and to avoid the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication of or access to such data.

 

The Website has a SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and resulting feedback, is fully encrypted.

 

However, since Beatclap cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller is committed to notifying the User without undue delay when a breach of personal data security occurs that is likely to pose a high risk to the rights and freedoms of individuals. In accordance with Article 4 of the GDPR, a personal data security breach is understood to be any breach of security that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication of or access to such data.

 

Personal data will be treated as confidential by the Data Controller, who is committed to informing about and ensuring through a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.

 

 

Rights arising from the processing of personal data

 

The User has, and may exercise before the Data Controller, the following rights over Beatclap, as recognized by the GDPR and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights:

 

  • Right of access by the data subject: This is the User’s right to obtain confirmation as to whether or not Beatclap is processing his or her personal data and, where that is the case, to obtain information about his or her specific personal data and the processing that Beatclap has carried out or will carry out, as well as, among other things, information available about the origin of such data and the recipients of the communications carried out or planned.
  • Right to rectification: This is the User’s right to have inaccurate personal data modified or, taking into account the purposes of the processing, to have incomplete personal data completed.
  • Right to erasure (‘right to be forgotten’): This is the User’s right, provided that current legislation does not stipulate otherwise, to obtain the erasure of his or her personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data has been processed unlawfully; the personal data must be deleted in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a person under 14 years of age. In addition to the erasure of the data, the Data Controller, taking into account the available technology and the cost of its implementation, must take reasonable steps to inform any person or entity who is processing the personal data of the User’s request for the erasure of any link to those personal data.
  • Right to restriction of processing: This is the User’s right to limit the processing of his or her personal data. The User has the right to obtain limitation of the processing when he or she contests the accuracy of his or her personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make legal claims; and when the User has objected to the processing.
  • Right to data portability: This is the User’s right, if the processing is carried out by automated means, to receive the personal data concerning him or her, which he or she has provided to the Data Controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another data controller. The personal data will be transmitted directly from one controller to another, where technically feasible.
  • Right to object: This is the User’s right to object to or demand the cessation of the processing of his or her personal data by Beatclap.
  • Right to not be subject to a decision based solely on automatic processing, including profiling: This is the User’s right to not be subject to a personalized decision based solely on automatic processing of his or her personal data, including profiling, except in the case that applicable legislation stipulates otherwise.

 

Therefore, the User will be able to exercise his or her rights by writing to the Data Controller with the subject line “GDPR-www.beatclap.com” and providing the following details:

 

  • Name and surname(s) of the User and a copy of his or her ID card. In cases where representation is permitted, it will also be necessary to identify by the same means the person representing the User, as well as to provide the document validating the representation relationship. A photocopy of the ID card may be replaced by any other legally valid means of proof of identity.
  • The specific reasons for the request or the information you want to access.
  • Address for notification purposes.
  • Date and signature of claimant.
  • Any document validating the request being made.

 

This request and any other documentation may be sent to the following mailing address and/or e-mail:

 

Mailing address: Chiquinquira 46 B-1 posterior
Email: Info@beatclap.com

 

 

Links to third-party websites

 

The Website may include hyperlinks or links that allow access to websites of third parties other than Beatclap, and which are therefore not operated by Beatclap. The owners of such websites will have their own data protection policies, and in each case will be responsible for their own files and their own privacy practices.

 

 

Right to lodge a complaint with a supervisory authority

 

In the event that the User considers that there is a problem with or infringement of the regulations in force in the way his or her personal data is being processed, he or she will be entitled to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State of his or her habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

 

 

 

 

COOKIE POLICY

 

Access to this Website may involve the use of cookies. Cookies are small pieces of information that are stored in the browser of each User — on the different devices used to navigate — to be retrieved later by the server that planted it. Cookies facilitate web browsing, make it more user-friendly, and do not damage the navigation device.

 

Cookies involve automatic procedures for collecting information regarding User preferences in order to later recognize Users and personalise their experience and use of the Website. They may also, for example, help identify and resolve errors.

 

Information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website and the sites visited just before and after the Website. However, no cookie allows the cookie to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to become part of the cookie file is for the User to personally give that information to the server.

 

Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, the User’s consent will be required for their use. This consent will be communicated, based on an authentic choice, confirmed by an affirmative and positive decision, before the initial, removable and documented processing.

 

 

Proprietary Cookies

 

These are cookies that are sent to the User’s computer or device and managed exclusively by Beatclap in order to improve the functionality of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies make it possible to recognise the User as a recurring visitor to the Website and to adapt the content to his or her preferences.

 

The entity or entities responsible for supplying cookies may pass this information on to third parties, provided that this is required by law or that a third party processes this information for these entities.

 

 

Social network cookies

 

Beatclap incorporates social network plugins, which enable access to these networks from the Website. For this reason, social network cookies may be stored in the User’s browser. The owners of these social networks have their own data protection and cookie policies, and in each case are responsible for their own files and privacy practices. The User must refer to these policies to find out about these cookies and, where appropriate, the processing of personal data. For informational purposes only, the links to these privacy and/or cookie policies are provided below:

 

Facebook: https://www.facebook.com/policies/cookies/

Twitter: https://twitter.com/en/privacy

Instagram: https://help.instagram.com/1896641480634370?ref=ig

Youtube: https://policies.google.com/privacy?hl=en&gl=mx

Google+: https://policies.google.com/technologies/cookies?hl=en

Pinterest: https://policy.pinterest.com/en/privacy-policy

LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies

 

 

Disable, reject and delete cookies

 

The User can disable, reject and delete the cookies – totally or partially – installed on his or her device through the configuration of his or her browser (for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User should refer to the instructions provided by the Internet browser he or she is using. In the event that you reject the use of cookies – totally or partially – you may continue to use the Website, although the use of some of its features may be limited.

 

 

III. ACCEPTANCE OF AND CHANGES TO THIS PRIVACY POLICY

 

It is necessary for the User to have read and agreed with the conditions of protection of personal data contained in this Privacy and Cookies Policy, as well as to accept the processing of his or her personal data so that the Data Controller can proceed with the processing in the manner, during the periods and for the purposes indicated. The use of the Website will imply the acceptance of the Privacy and Cookie Policy.

 

Beatclap reserves the right to modify its Privacy and Cookie Policy, according to its own criteria, or due to a change in legislation, jurisprudence or doctrine of the Spanish Data Protection Agency. Changes or updates to this Privacy and Cookie Policy will be explicitly notified to the User.

 

This Privacy and Cookie Policy was updated on July 18, 2020 to conform to 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) and to Organic Law 3/2018 of December 5 2010 on the Protection of Personal Data and Guarantee of Digital Rights.