WEBSITE PRIVACY POLICY

www.gookapi.com

I. PRIVACY POLICY AND DATA PROTECTION

In compliance with current legislation, Gookapi undertakes to adopt the technical and organizational measures necessary, according to the level of security appropriate to the risk of 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. 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 the Protection of Personal Data 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 controller of the personal data

The controller of the personal data collected by Gookapi is: Gookapi S.L., holder of Tax ID No.: B-09999368 and registered with the Bizkaia Mercantile Registry with the following registration details: Volume 6088, Folio 60, Entry 1, Sheet Bi-78548, whose representative is: Egoitz Rodríguez Olea. The contact details are as follows:

Address: Oiñiturri kalea, s/n, 48200 Durango, Bizkaia

Contact telephone number: 944771099

Contact email: gookapi@gookapi.eus

Record of Personal Data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Gookapi through the forms available on its pages will be incorporated into and processed in our file for the purpose of facilitating, streamlining and fulfilling the commitments established between Gookapi and the User, or maintaining the relationship established in the forms filled out by the User, or in order to respond to a request or query from the 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 applies, a record 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 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 Article 4 et seq. of Organic Law 3/2018, of 5 December, 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 after being fully informed in a transparent manner of the purposes for which the personal data are collected.
  • Principle of purpose limitation: personal data shall be collected for specified, explicit and legitimate purposes.
  • Principle of data minimization: the personal data collected shall be only those strictly necessary in relation to the purposes for which they are processed.
  • Principle of accuracy: personal data must be accurate and kept up to date at all times.
  • Principle of storage limitation: personal data shall only be kept in a form that permits identification of the User for no longer than is necessary for the purposes of the processing.
  • Principle of integrity and confidentiality: personal data shall be processed in such a way as to ensure their security and confidentiality.
  • Principle of proactive accountability: the Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by Gookapi are limited to identifying data only. 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 the processing of personal data is consent. Gookapi undertakes to obtain 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. It shall be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent shall not affect the use of the Website.

Whenever the User must or may provide their data through forms in order 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 because such data are essential for the proper performance of the operation carried out.

Purposes for which personal data are processed

Personal data are collected and managed by Gookapi 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 completed by the latter, or responding to a request or query.

Likewise, the data may be used for commercial purposes of personalization, operational and statistical analysis, and activities related to Gookapi’s corporate purpose, as well as for data extraction, storage and marketing studies in order to adapt the Content offered to the User and improve the quality, operation and browsing of the Website.

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

Retention periods for personal data

Personal data shall only be retained for the minimum time necessary for the purposes of their processing and, in any case, only until the User requests their deletion.

At the time personal data are obtained, the User shall be informed about the period for which the personal data will be kept or, where that is not possible, the criteria used to determine that period.

Recipients of personal data

The User’s personal data shall not be shared with third parties.

In any case, at the time personal data are obtained, the User shall be informed about the recipients or categories of recipients of the personal data.

Personal data of minors

In compliance with the provisions of Articles 8 of the GDPR and 7 of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, only persons over 14 years of age may lawfully give their consent for the processing of their personal data by Gookapi. In the case of a child under 14 years of age, the consent of their parents or guardians shall be required for the processing, and it shall only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Gookapi undertakes to adopt the technical and organizational measures necessary, according to the level of security appropriate to the risk of the data collected, in such a way as to guarantee the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized disclosure of or access to such data.

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

However, because Gookapi cannot guarantee the inviolability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Controller undertakes to notify the User without undue delay when 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 means any breach of security leading to the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized disclosure of or access to such data.

Personal data shall be treated as confidential by the Controller, who undertakes to inform and ensure, 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 rights with regard to Gookapi and may therefore exercise against the Controller the following rights recognized in the GDPR and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights:

  • Right of access: This is the User’s right to obtain confirmation as to whether or not Gookapi is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Gookapi has carried out or is carrying out, as well as, among other things, the available information on the origin of such data and the recipients of the communications made or planned in respect thereof.
  • Right to rectification: This is the User’s right to have their personal data amended if they are inaccurate or, taking into account the purposes of the processing, incomplete.
  • Right to erasure (“the right to be forgotten”): This is the User’s right, provided that current legislation does not establish otherwise, to obtain the deletion of their personal data when they are no longer necessary for the purposes for which they were 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 with it; the personal data have been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data were 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 Controller, taking into account the available technology and the cost of implementation, shall adopt reasonable measures to inform controllers processing the personal data of the data subject’s request for the erasure of 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 Controller no longer needs the personal data, but the User needs them for the establishment, exercise or defense of legal claims; and when the User has objected to the processing.
  • Right to data portability: Where processing is carried out by automated means, the User shall have the right to receive from the Controller their personal data in a structured, commonly used and machine-readable format and to transmit them to another controller. Where technically feasible, the Controller shall transmit the data directly to that other controller.
  • Right to object: This is the User’s right not to have the processing of their personal data carried out, or to have such processing by Gookapi cease.
  • Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualized decision based solely on the automated processing of their personal data, including profiling, unless current legislation establishes otherwise.

Accordingly, the User may exercise their rights by means of a written communication addressed to the Controller with the reference “GDPR-www.gookapi.com/.eus/.es”, specifying:

  • User’s first name, surname(s), and a copy of their ID card. In cases where representation is admitted, identification by the same means of the person representing the User shall also be necessary, as well as the document accrediting the representation. The photocopy of the ID card may be replaced by any other legally valid means that proves identity.
  • Request with the specific reasons for the application or the information to which access is sought.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document proving the request made.

This request and any other attached document may be sent to the following address and/or email address:

Postal address: Oiñiturri kalea, s/n, 48200 Durango, Bizkaia

Email address: gookapi@gookapi.eus

Links to third-party websites

The Website may include hyperlinks or links allowing access to third-party web pages other than Gookapi, and which are therefore not operated by Gookapi. The owners of such websites shall have their own data protection policies, and they themselves shall, in each case, be responsible for their own files and privacy practices.

Complaints before the supervisory authority

If the User considers that there is a problem or a breach of current legislation in the way their personal data are being processed, they shall have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular, in the State in which they have their 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 (https://www.aepd.es/).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary for the User to have read and agreed with the conditions regarding the protection of personal data contained in this Privacy Policy, as well as to accept the processing of their personal data so that the Controller may proceed with such processing in the manner, within the time limits and for the purposes indicated. Use of the Website shall imply acceptance of its Privacy Policy.

Gookapi reserves the right to modify its Privacy Policy, according to its own criteria, or due to a legislative, case-law or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is advised to consult this page periodically in order to stay informed of the latest changes or updates.

This Privacy Policy was updated in order to comply with 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 Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights.

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