Privacy policy

I. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation, JP Garcia (hereinafter also Website) undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate for the risk of the data collected.

Laws incorporated into this privacy policy

This privacy policy is adapted to the Spanish and European regulations in force regarding the protection of personal data on the Internet. Specifically, it complies with the following regulations:

• 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 Regulations for the development of 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 for personal data

The Data Controller for personal data collected in JP Garcia is: JP GARCIA REUSED PACKAGING SLU, with Tax Identification Number: B60192937. Its contact information is as follows:

Address: C/ LLEVANT, NUM 25 08495 FOGARS DE LA SELVA – (BARCELONA)

Contact telephone number: 972 874 600

Contact email: info@jpgarcia.eco

Personal Data Register

In compliance with the provisions of the GDPR and the LOPD-GDD, we would like to inform users that the personal data collected by JP Garcia, through the forms provided on its pages, will be incorporated and will be processed in our file in order to facilitate, expedite and fulfil the commitments established between JP Garcia and the User, or the maintenance of the relationship established in the forms that the User fills out, or to respond to a request or inquiry from them. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided in Article 30.5 of the GDPR applies, a register of processing activities is kept which specifies, according to its 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 contained in Article 5 of the GDPR and in Article 4 and subsequent articles of the 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 consent of the User will be required at all times after providing full transparent information on the purposes for which personal data are being collected.
• Principle of purpose limitation: personal data shall be collected for specified, explicit and legitimate purposes.
• Principle of data minimisation: the personal data collected will only be what is necessary in relation to the purposes for which they are processed.
• Principle of accuracy: personal data must be accurate and always up to date.
• Principle of storage period limitation: personal data will only be kept in a form which allows identification of the User only for the time necessary to fulfil the purposes for which the personal data are processed.
• Principle of integrity and confidentiality: personal data shall be processed in a way that guarantees its security and confidentiality.
• Principle of proactive accountability: 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 JP Garcia are only identifying data. In no case are special categories of personal data processed within the meaning of Article 9 of the GDPR.

The categories of data processed by JP Garcia are both identifying data and special categories of personal data within the meaning of Article 9 of the GDPR.

Special categories of personal data include data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data intended to uniquely identify a natural person, data concerning health, or data concerning the sex life or sexual orientation of a natural person.

For the processing of special categories of personal data, the explicit consent of the User for one or more specific purposes will be required in all cases.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. JP Garcia undertakes to obtain the express and verifiable consent of the User 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 will be as easy to withdraw consent as to give it. As a general rule, withdrawal of consent will not condition the use of the Website.

On the occasions in which the User must or may provide their data through forms to make inquiries, request information or for reasons related to the contents of the Website, they will be informed if the completion of any of these forms is mandatory as they are essential to properly perform the operation.

Purposes of the processing for which the personal data is used

Personal data are collected and managed by JP Garcia 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 out, or to respond to a request or inquiry.

Likewise, the data may be used for personalisation, operational and statistical commercial purposes, and corporate activities of JP Garcia, as well as for the extraction, storage of data and marketing studies to adapt the content offered to the User, as well as to improve the quality, operation and navigation of the Website.

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

Retention periods of personal data

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

At the time the personal data is obtained, the User will be informed about the period for which the personal data will be kept 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 case, at the time the personal data is collected, the User will be informed about the recipients or categories of recipients of the personal data.

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

In the event that the Data Controller intends to transfer personal data to a third country or international organisation, at the time the personal data is obtained, the User shall be informed about the third country or international organisation to which the data is intended to be transferred, as well as the existence or absence of an adequacy decision of the Commission.

Personal data of minors

Respecting the provisions of Articles 8 of the GDPR and 7 of the Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, only those over 14 years of age may give their consent to the processing of their personal data in a lawful manner by JP Garcia. In the case of a minor under 14 years of age, the consent of the parents or guardians is required for processing, and processing will only be considered lawful to the extent that the parents or guardians have authorised it.

Secrecy and security of personal data

JP Garcia undertakes to adopt the necessary technical and organisational measures, according to the level of security suitable to the risk of the data collected, so as to ensure 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 unauthorised communication or access to such data.

The Website has an 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 in feedback, is fully encrypted.

However, because JP Garcia cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a breach of security of personal data occurs that is likely to involve a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a breach of security of personal data means 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 unauthorised communication of or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to ensure by means of 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 deriving from the processing of personal data

The User has the following rights over JP Garcia and may, therefore, exercise them against the Data Controller, which is recognised 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: It is the User’s right to obtain confirmation as to whether or not JP Garcia is processing their personal data and, if so, to obtain information about their specific personal data and the processing that JP Garcia has carried out or will carry out, as well as, among other things, the information available on the origin of such data and the recipients of the communications made or planned for them.
• Right to rectification: It is the User’s right to have their personal data modified, if they prove to be inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure (‘the right to be forgotten’): It is the User’s right, unless otherwise provided by law, 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 the processing; the User objects to the processing and there is no other legitimate reason to continue with the processing; the personal data have been processed unlawfully; the personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the technology available and the cost of implementation, shall take reasonable steps to inform data controllers who are processing the personal data of the data subject’s request for deletion of any link to such personal data.
• Right of restriction of processing: It is the User’s right to restrict the processing of their personal data. The User has the right to obtain a restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
• Right to data portability: In the event that the processing is carried out by automated means, the User shall have the right to receive their personal data from the Data Controller in a structured, commonly-used and machine-readable format, and to transmit them to another data controller. Whenever technically possible, the Data Controller will transmit the data directly to the other data controller.
• Right to object: It is the User’s right not to carry out the processing of their personal data or to cease the processing of such data by JP Garcia.
• The right not to be subject to a decision based solely on automated processing, including profiling: It is the User’s right not to be subject to an individualised decision based solely on the automated processing of their personal data, including profiling, unless otherwise provided by law.

Thus, the User may exercise their rights by means of a written communication addressed to the Data Controller with the reference ‘RGPD-https://jpgarcia.eco’, specifying:

• User’s name, surname and copy of ID card. In cases where representation is permitted, it will also be necessary to identify the person representing the User by the same means, as well as providing the document proving representation. The photocopy of the ID card may be substituted by any other legally valid means of proof of identity.
• Request with the specific reasons for the application or information to be accessed.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document that accredits the request being made.

This application and any attachments may be sent to the following address and/or e-mail address:

Mailing address: C/ LLEVANT, NUM 25 08495 FOGARS DE LA SELVA – (BARCELONA)

E-mail: info@jpgarcia.eco

Links to third party websites

The Website may include hyperlinks or links that allow access to third party websites other than JP Garcia, and therefore are not operated by JP Garcia. The owners of these websites have their own data protection policies, and are responsible for their own files and their own privacy practices.

Claims before the supervisory authority

In the event that the User considers that there is a problem or infringement of the regulations in force in the way their personal data is being processed, they shall have the right to effective judicial protection and to make a claim with a supervisory authority, specifically in the State in which they have their habitual residence or place of work, or where the alleged infringement took place. 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 that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, in addition to them accepting the processing of their personal data so that the Data Controller can proceed in the manner, for the durations and for the purposes indicated. The use of the Website will imply the acceptance of its Privacy Policy.

JP Garcia reserves the right to modify its Privacy Policy according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change from the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. It is recommended that the User consults this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated to adapt 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 5 December on the Protection of Personal Data and the guarantee of digital rights.