Privacy Policy

I. PRIVACY AND DATA PROTECTION POLICY

In compliance with current legislation, Fixion Wave (hereinafter also referred to as the Website) undertakes to adopt the necessary technical and organizational measures, 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 current Spanish and European regulations regarding the protection of personal data on the internet. Specifically, it respects 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 December 5 on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
  • Royal Decree 1720/2007 of December 21, approving the Regulations for the development of Organic Law 15/1999 of December 13 on the Protection of Personal Data (RDLOPD).
  • Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the person responsible for processing personal data

The person responsible for the processing of personal data collected at Fixion Wave is: Elias Ferreres Roca, with NIF: 53639504P (hereinafter, Data Controller). His contact details are as follows:

Address: Avinguda de la Generalitat, 263

Contact telephone: +34 611 76 91 69

Contact email: info@fixionwave.com

Personal Data Registry

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Fixion Wave through the forms on its pages will be incorporated and processed in our file in order to facilitate, expedite, and fulfill the commitments established between Fixion Wave and the User, or to maintain the relationship established in the forms filled out, or to respond to a request or inquiry. Furthermore, in accordance with 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 specifying, 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 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 December 5 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 after providing completely transparent information regarding the purposes for which the personal data are collected.
  • Principle of purpose limitation: personal data will be collected for specified, 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 always kept up to date.
  • Principle of storage limitation: personal data will only be kept in a form that permits identification of the User for the time necessary for the purposes of their processing.
  • Principle of integrity and confidentiality: personal data will be processed in a manner that ensures their security and confidentiality.
  • Principle of proactive responsibility: the Data Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed at Fixion Wave are solely identifying data. Under no circumstances are special categories of personal data within the meaning of Article 9 of the GDPR processed.

The categories of data processed at Fixion Wave include both identifying data and special categories of personal data within the meaning of Article 9 of the GDPR.

Special categories of personal data are understood to be those revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person’s sex life or sexual orientation.

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. Fixion Wave Studio 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 shall be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.

On occasions when the User must or may 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 correct development of the operation carried out.

Purposes of the processing for which the personal data are intended

Personal data are collected and managed by Fixion Wave for the purpose of facilitating, expediting, 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 attend to a request or inquiry.

Likewise, the data may be used for commercial purposes of personalization, operational and statistical purposes, and activities inherent to the corporate purpose of Fixion Wave, as well as for data extraction, storage, 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 are obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be intended; that is, the use or uses that will be given to the information collected.

Retention periods for 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 are obtained, the User will be informed about the period for which the personal data will be stored or, when that 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 are obtained, 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:

Google Analytics

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 are obtained, the User will be informed about the third country or international organization to which the data are 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 December 5 on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may lawfully grant their consent for the processing of their personal data by Fixion Wave. If the user is under 14 years of age, the consent of parents or guardians will be necessary for the processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Fixion Wave undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so 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 unauthorized communication 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 feedback, is fully encrypted.

However, because Fixion Wave cannot guarantee the invulnerability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to communicate to the User without undue delay when a personal data security breach occurs that is likely to entail a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a personal data security breach is understood as any breach of security resulting in the accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or otherwise processed, or unauthorized communication or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform of and ensure, by means of a legal or contractual obligation, that such confidentiality is respected by their employees, associates, and any person to whom they make the information accessible.

Rights derived from the processing of personal data

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

  • Right of access: This is the User’s right to obtain confirmation as to whether or not Fixion Wave is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Fixion Wave has carried out or is carrying out, as well as, among other things, the information available on the origin of said data and the recipients of the communications made or planned for them.
  • Right to rectification: This 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”): This is the User’s right, provided that current legislation does not establish otherwise, to obtain the erasure 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; 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 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 erasing the data, the Data Controller, taking into account available technology and the cost of its application, must take reasonable steps to inform the controllers processing the personal data of the data subject’s request for the erasure of any links to those 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 Data Controller no longer needs the personal data, but the User needs them 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 that other controller.
  • Right to object: This is the User’s right to prevent the processing of their personal data or to have Fixion Wave cease the processing thereof.
  • 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.

Thus, the User may exercise their rights by means of a written communication addressed to the Data Controller with the reference “GDPR-www.fixionwave.com”, specifying:

  • Name, surname of the User and a copy of their ID. In cases where representation is permitted, identification by the same means of the person representing the User will also be necessary, as well as the document accrediting the representation. The photocopy of the ID may be replaced by any other valid legal means that proves identity.
  • Request with the specific reasons for the application or information to which access is sought.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document that accredits the request being made.

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

Postal address: Carrer Joan Ubach, 46, 08923 Santa Coloma de Gramenet, Barcelona

Email: info@fixionwave.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to web pages of third parties other than Fixion Wave, and which are therefore not operated by Fixion Wave. The owners of such 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

In the event that the User considers that there is a problem or infringement of current regulations 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 agree with the conditions on the protection of personal data contained in this Privacy Policy, as well as to accept the processing of their personal data so that the Data Controller can proceed with it in the manner, during the periods, and for the purposes indicated. Use of the Website will imply acceptance of its Privacy Policy.

Fixion Wave 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. The User is recommended to consult this page periodically to keep abreast 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 December 5 on the Protection of Personal Data and guarantee of digital rights.