Privacy Policy

Privacy Policy

I. PRIVACY POLICY AND DATA PROTECTION

Respecting the provisions of current legislation, Nyathera (hereinafter also referred to as the Website) undertakes to adopt the necessary technical and organizational measures, according to the appropriate security level for 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 regulations:

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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 guarantee of digital rights (LOPD-GDD).

Royal Decree 1720/2007, of 21 December, which approves the Regulation 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 controller of personal data processing

Contact email: contact@nyathera.com

Personal Data Record

In compliance with the GDPR and the LOPD-GDD, we inform you that the personal data collected by Nyathera, through the forms extended on its pages, will be incorporated and processed in our file in order to facilitate, streamline, and comply with the commitments established between Nyathera and the User or the maintenance of the relationship established in the forms filled out by the latter, or to respond to a request or inquiry 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 maintained that 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 will be subject to the following principles set out in Article 5 of the GDPR and in Article 4 and following of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights:

Principle of lawfulness, fairness, and transparency: the User’s consent will be required at all times, with prior completely transparent information on the purposes for which the personal data are collected.

Principle of purpose limitation: personal data will be collected for specific, explicit, and legitimate purposes.

Principle of data minimization: the personal data collected will 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 will be kept in a way that allows the identification of the User for the time necessary for the purposes of its processing.

Principle of integrity and confidentiality: personal data will be processed in such a way as to ensure its security and confidentiality.

Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed at Nyathera are only identifying data. 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. Nyathera 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 will have the right to withdraw their consent at any time. Withdrawing consent will be as easy as giving it. As a general rule, the withdrawal of consent will not condition the use of the Website.

On occasions when the User must or can provide their data through forms 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 they are essential for the proper development of the operation carried out.

Purposes of the processing to which the personal data are intended

Personal data is collected and managed by Nyathera for the purpose of facilitating, streamlining, and fulfilling the commitments established between the Website and the User or maintaining the relationship established in the forms filled out by the latter, or to respond to a request or inquiry.

Likewise, the data may be used for commercial purposes of personalization, operation, and statistics, and activities related to the corporate purpose of Nyathera, 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.

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

Retention periods of personal data

Personal data will only be retained for the minimum period necessary for the purposes of its processing and, in any case, only during the following period: 12 months, or until the User requests its deletion.

At the time the personal data is obtained, the User will be informed about the period during which the personal data will be retained or, when this is not possible, the criteria used to determine this period.

Recipients of personal data

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

IONOS Cloud S.L.U. C/ Avenida de La Vega, 1 – Edificio Veganova, (Edif. 3 Planta 5) 28108 Alcobendas – Madrid Phone: 91 136 0000 Email: info@ionos.es Tax Identification Number (NIF) B-85049435

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

Personal data of minors

Respecting 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 guarantee of digital rights, only those over 14 years of age can give their consent for the processing of their personal data by Nyathera. If the person is under 14 years of age, the consent of the parents or guardians for the processing will be necessary, and it will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Nyathera undertakes to adopt the necessary technical and organizational measures, according to the appropriate security level for the risk of the data collected, to ensure the security of personal data and to prevent the destruction, loss,or alteration, accidental or unlawful, of transmitted personal data, stored, or otherwise processed, or unauthorized communication or access to such data.

The Website has an SSL certificate (Secure Socket Layer), 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 or encrypted.

However, because Nyathera 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 inform the User without undue delay when a breach of the security of personal data occurs that is likely to entail a high risk to the rights and freedoms of individuals. In accordance with Article 4 of the GDPR, a breach of the security of personal data is understood to be any breach of security resulting in the accidental or unlawful destruction, loss, or alteration of transmitted, stored, or otherwise processed personal data, or unauthorized communication or access to such data.

Personal data will be treated as confidential by the Data 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 the information is made accessible.

Rights derived from the processing of personal data

The User has the following rights over Nyathera and may, therefore, exercise against the Data Controller the following rights recognized in the GDPR and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights:

Right of access: It is the right of the User to obtain confirmation from Nyathera as to whether or not it is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Nyathera has carried out or is carrying 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 with them.

Right to rectification: It is the right of the User for their inaccurate personal data to be rectified or, taking into account the purposes of the processing, to be completed.

Right to erasure (“the right to be forgotten”): It is the right of the User, as long as current legislation does not establish otherwise, to obtain the erasure of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis; the User objects to the processing and there is no other legitimate reason to continue the same; the personal data has been processed unlawfully; the personal data must be erased to comply with a legal obligation; or the personal data has been 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 Data Controller, taking into account the available technology and the cost of its implementation, must take reasonable measures to inform the data controllers who are processing the personal data of the data subject’s request to delete any link to that personal data.

Right to restriction of processing: It is the right of the User to restrict the processing of their personal data. The User has the right to obtain the restriction of processing when they challenge 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: If the processing is carried out by automated means, the User will have the right to receive their personal data from the Data Controller in a structured, commonly used, and machine-readable format, and to transmit it to another data controller. Whenever technically feasible, the Data Controller will transmit the data directly to that other data controller.

Right to object: It is the right of the User to not have their personal data processed or to cease its processing by Nyathera.

Right not to be subject to a decision based solely on automated processing, including profiling: It is the right of the User not to be subject to an individualized decision based solely on automated processing of their personal data, including profiling, except as provided by current legislation.

Therefore, the User may exercise their rights by written communication addressed to the Data Controller with the reference “GDPR-http://nyathera.com/”, specifying:

Name and surname of the User and a copy of the ID card. In cases where representation is admitted, the identification of the person representing the User by the same means and the document accrediting the representation will also be necessary. A photocopy of the ID card may be replaced by any other valid means in law that proves the identity.

Request with specific reasons for the request or information to which access is sought.

Address for notifications.

Date and signature of the applicant.

Any document certifying the request made.

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

Email: nyatheravision@gmail.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites other than Nyathera, and therefore not operated by Nyathera. The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Complaints to the supervisory authority

If the User considers that there is a problem or infringement of the current regulations in the way their personal data is being processed, they will have the right to effective judicial protection and to file a complaint with a supervisory authority, in particular, in the State in which they have their habitual residence, place of work, or the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary for the User to have read and agreed to the conditions regarding the protection of personal data contained in this Privacy Policy, and also to accept the processing of their personal data so that the Data Controller can proceed with it in the manner, for the periods, and for the purposes indicated. The use of the Website implies acceptance of its Privacy Policy.

Nyathera reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential, or doctrinal change of 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 consult this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of individuals 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 guarantee of digital rights.