Privacy policy

General information

In accordance 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 (General Data Protection Regulation - GDPR), Jose Ciscar Garcia informs the users of the Operly application (hereinafter, the Application) about the processing of personal data that they have voluntarily provided during the registration, access and use of the service.

Identification of the data controller

Jose Ciscar Garcia, with NIF 52746465J and address for notification purposes at Carrer Frare Lluis Amigo, 16 - 8, Torrent (Valencia), Spain, and email address info@operly.net (hereinafter, the Data Controller), is responsible for processing the data provided by the users of the Application (hereinafter, the User or Users).

Purpose of data processing

In order to register, access and subsequently use the Application, the User must voluntarily provide personal data, essentially identification and contact data, which will be incorporated into automated files owned by Jose Ciscar Garcia.

The collection, storage, modification, structuring and, where applicable, deletion of the data provided by Users constitute processing operations carried out by the Data Controller for the purpose of guaranteeing the correct operation of the Application, maintaining the service and/or commercial relationship with the User, and managing, administering, informing, providing and improving the service.

The personal data provided by the User, especially the email address, may also be used to send newsletters and commercial communications about promotions and/or advertising related to the Application, provided that the User has previously given express consent to receive such electronic communications.

Legal basis

The processing of the User's data is carried out on the following legal bases: the request for information and/or the contracting of the Application services, whose terms and conditions will be made available to the User in any case beforehand for express acceptance; and the free, specific, informed and unequivocal consent of the User, who is provided with this privacy policy and must accept it by means of a statement or a clear affirmative action, such as ticking a checkbox provided for this purpose.

If the User does not provide Jose Ciscar Garcia with their data, or provides it incorrectly or incompletely, it will not be possible to use the Application.

Retention of personal data

The personal data provided by the User will be kept in the systems and databases of the Data Controller while the User continues to use the Application and provided that the User does not request its deletion.

In order to determine any possible liabilities arising from the processing, the data will be kept for a minimum period of five years.

Recipients

The data will not be disclosed to any third party unrelated to Jose Ciscar Garcia, except under legal obligation or, in any case, after requesting the User's consent.

Jose Ciscar Garcia may give access to or transfer the personal data provided by the User to third-party service providers with whom data processing agreements have been signed, and who will access such information only to provide a service for and on behalf of the Data Controller.

Data retention by hosting service provider

Jose Ciscar Garcia informs the User that, as a data hosting service provider and pursuant to Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI), the essential information needed to identify the origin of the hosted data and the moment when the service began is retained for a maximum period of 12 months.

The retention of this data does not affect the secrecy of communications and may only be used in the framework of a criminal investigation or to safeguard public security, being made available to judges and/or courts or the Ministry that may require it.

The communication of data to the State Security Forces and Corps will be carried out in accordance with personal data protection regulations and with the utmost respect for them.

Protection of hosted information

The Data Controller adopts the necessary measures to guarantee the security, integrity and confidentiality of the data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

Although the Data Controller makes backup copies of the contents hosted on its servers, it is not responsible for the loss or accidental deletion of data by Users. Likewise, it does not guarantee the total restoration of data deleted by Users, since such data may have been deleted and/or modified during the period elapsed since the last backup copy.

The services provided through the Application, except for specific backup services, do not include the restoration of content kept in backup copies made by the Data Controller when the loss is attributable to the User. In this case, a fee will be determined according to the complexity and volume of the recovery, always subject to prior acceptance by the User. The restoration of deleted data is only included in the price of the service when the loss of content is due to causes attributable to the Data Controller.

Exercise of rights

Jose Ciscar Garcia informs the User that they have the rights of access, rectification, restriction, erasure, objection and portability, which may be exercised by sending a request to info@operly.net.

The User also has the right to withdraw the consent initially given and to lodge complaints regarding rights with the Spanish Data Protection Agency (AEPD).

Commercial communications by electronic means

In application of the LSSI (Information Society Services Law), Jose Ciscar Garcia will not send advertising or promotional communications by email or other equivalent electronic communication means that have not previously been requested or expressly authorized by the recipients.

In the case of users with whom there is a prior contractual, legal or service relationship, the Data Controller is authorized to send commercial communications regarding products or services of the Data Controller that are similar to those initially contracted by the customer.

If the User wishes to stop receiving such communications, they may do so by sending their request by email to info@operly.net.