Privacy policy │ Auve Nico

I. Privacy and Data Protection Policy

In compliance with current legislation, Auve Nico (hereinafter, also the Website) undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated in this privacy policy

This privacy policy is adapted to 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 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 personal data

The controller of the personal data collected at Auve Nico is: Nicolás Álvarez Villegas, with NIF (tax ID number): 30250140-B (hereinafter, the Controller). Their contact details are as follows:

Address: C/ Antonio Filpo Rojas, 10, 4.º dcha., 41008 Sevilla
Contact telephone: +34 636 52 63 79
Contact email: comunicacion@auvenico.es

Register of Personal Data

In compliance with the GDPR and the LOPD-GDD, the User is hereby informed that the personal data collected by Auve Nico through the forms on its pages will be incorporated into and processed in its file in order to facilitate, expedite and fulfil the commitments established between Auve Nico and the User, or to maintain the relationship established in the forms the User completes, or to respond to a request or enquiry from the User. Likewise, 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 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, following fully transparent information on 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 minimisation: 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 always kept up to date.
Principle of storage limitation: personal data shall only be kept in a form that permits identification of the User for as long as necessary for the purposes of their processing.
Principle of integrity and confidentiality: personal data shall be processed in a manner that ensures their security and confidentiality.
Principle of accountability: the Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed at Auve Nico are identification 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. Auve Nico 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, withdrawal of consent shall not affect the use of the Website.

Whenever the User must or may provide their data through forms to make enquiries, request information or for reasons related to the content of the Website, they will be informed if completing any of those forms is mandatory because the data are essential for the proper performance of the operation carried out.

Purposes for which the personal data are processed

Personal data are collected and managed by Auve Nico in order to facilitate, expedite and fulfil the commitments established between the Website and the User, or to maintain the relationship established in the forms the User completes, or to respond to a request or enquiry.

Likewise, the data may be used for commercial purposes of personalisation, operations and statistics, and for activities within the corporate purpose of Auve Nico, as well as for data extraction, data storage and marketing studies in order to tailor the Content offered to the User, and to improve the quality, operation and navigation of the Website.

At the time the personal data are obtained, the User will be informed of the specific purpose or purposes of the processing for which the personal data will be used; that is, of the use or uses that will 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 for the following period: 12 months, or until the User requests their erasure.

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

What data I collect on this website and why

Contact form. Name, email, your website and your rough budget (optional) and your message. Only to read it and reply to you. Basis: your consent (Art. 6.1(a) GDPR). Kept for as long as the conversation lasts and, after that, for the time needed to deal with any possible legal liabilities.

Diagnostic Session booking. Name, email, phone, website, budget and how you found me (optional), what you want to solve, and the day and time you chose. Stored on this website's server to confirm the appointment, send you the calendar event and prepare the session, which takes place on Google Meet. Basis: your consent. Kept until the session has taken place and, after that, for the time needed to deal with any possible legal liabilities.

Marcas Imprescindibles newsletter. Only your email. You get an email to confirm your subscription (double opt-in) and you receive nothing until you confirm it. Basis: your consent. Kept until you unsubscribe, with one click in every email.

If you already get the newsletter and book a Session. When you confirm it, I note it in MailerLite so I don't send you emails offering the session you already have. It doesn't subscribe you to anything or add any new data. Basis: legitimate interest in not sending you unnecessary communications (Art. 6.1(f) GDPR).

Form security. To stop spam, the forms record the IP address and browser they are sent from and check how much time passes between opening the form and submitting it. The contact and booking forms also use Cloudflare Turnstile, which analyses technical signals from the browser (IP address, browser, TLS fingerprint) to tell people from bots. Turnstile does not read what you type in the form and is not used for advertising. Basis: legitimate interest in protecting the website and email against abuse (Art. 6.1(f) GDPR).

Analytics. Google Analytics 4, only if you accept it in the cookie notice. Details in the cookie policy.

Recipients of personal data

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

No data are disclosed to third parties. They are processed on behalf of the Controller, as data processors, by:
Webempresa: hosting of the website and of the server where the forms and bookings are stored.
Google: email inbox (Google Workspace), video calls (Google Meet) and, only with your consent, Google Analytics 4.
MailerLite Limited (Ireland): sending the newsletter. It stores data in the European Union.
Cloudflare, Inc. (United States): Turnstile anti-bot check on the contact and booking forms. The international transfer is covered by the EU-US Data Privacy Framework and by standard contractual clauses.

Should the Controller intend to transfer personal data to a third country or international organisation, at the time the personal data are obtained the User will be informed of the third country or international organisation to which the data are intended to be transferred, as well as of the existence or absence of an adequacy decision by the Commission.

Personal data of minors

In accordance with Article 8 of the GDPR and Article 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 to the processing of their personal data by Auve Nico. In the case of a minor under 14 years of age, the consent of their parents or guardians will be required for the processing, and it will only be considered lawful to the extent that they have authorised it.

Secrecy and security of personal data

Auve Nico undertakes to adopt the necessary technical and organisational 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 the unauthorised 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 vice versa, is fully encrypted.

However, since Auve Nico cannot guarantee that the internet is impregnable or that there is a complete absence of hackers or others fraudulently accessing 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 a breach of security leading to the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised disclosure of or access to such data.

Personal data will be treated as confidential by the Controller, who undertakes to inform and to guarantee, 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 arising from the processing of personal data

The User has, with regard to Auve Nico, and may therefore exercise against the Controller, the following rights recognised in the GDPR and in 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 Auve Nico is processing their personal data and, if so, to obtain information about their specific personal data and about the processing that Auve Nico has carried out or is carrying out, as well as, among other things, the information available on the source of such data and the recipients of the communications made or planned of those data.
Right to rectification: This is the User's right to have their personal data modified where they turn out 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, unless current legislation provides otherwise, to obtain the erasure of their personal data where: 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 ground for continuing with it; the personal data have been unlawfully processed; 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 Controller, taking into account the available technology and the cost of its implementation, shall take reasonable steps to inform the controllers that are processing the personal data of the data subject's request for erasure of any link 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 where 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 to bring claims; and where the User has objected to the processing.
Right to data portability: Where the processing is carried out by automated means, the User shall have the right to receive their personal data from the Controller 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 to have their personal data not processed, or to have the processing of such data by Auve Nico stopped.
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 individual decision based solely on the automated processing of their personal data, including profiling, unless current legislation provides otherwise.

Accordingly, the User may exercise their rights by written communication addressed to the Controller, with the reference “RGPD-https://auvenico.es”, specifying:

The User's first name and surnames and a copy of their DNI (national identity document). Where representation is permitted, identification by the same means of the person representing the User will also be required, as well as the document proving the representation. The photocopy of the DNI may be replaced by any other means valid in law that proves identity.
A request stating the specific grounds for the request or the information to which access is sought.
Address for the purposes of notifications.
Date and signature of the applicant.
Any document supporting the request made.

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

Postal address: C/ Antonio Filpo Rojas, 10, 4.º dcha., 41008 Sevilla
Email: comunicacion@auvenico.es

Links to third-party websites

The Website may include hyperlinks or links giving access to third-party web pages other than Auve Nico, which are therefore not operated by Auve Nico. The owners of those websites will have their own data protection policies, and are themselves, in each case, responsible for their own files and their own privacy practices.

Complaints to the supervisory authority

Should the User consider that there is a problem or an 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 of 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 (Agencia Española de Protección de Datos) (https://www.aepd.es).

II. Acceptance of and changes to this privacy policy

The User must have read and agree to the conditions on the protection of personal data contained in this Privacy Policy, and must accept the processing of their personal data so that the Controller can proceed with it in the manner, for the periods and for the purposes indicated. Use of the Website shall imply acceptance of its Privacy Policy.

Auve Nico reserves the right to modify its Privacy Policy at its own discretion, or as a result of a legislative or case-law change or a change in the doctrine 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 to keep up to date with 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 natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and with Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights.