Privacy Policy

I. PRIVACY AND DATA PROTECTION POLICY

In compliance with current legislation, Photographer Nicola Mesken in Barcelona (hereinafter also referred to as the Website) undertakes to adopt the necessary technical and organizational measures, according to the appropriate level of security for the risk associated with the collected data.

Laws Included in 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 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 implementing regulations of Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).

• Law 34/2002, of 11 July, on Services of the Information Society and Electronic Commerce (LSSI-CE).

Identity of the Data Controller

The data controller for the personal data collected on Photographer Nicola Mesken in Barcelona is: Nicola Mesken, with Tax ID: ESX3506619Q (hereinafter, the Data Controller). The contact details are as follows:

The data controller for the personal data collected on Photographer Nicola Mesken in Barcelona is: , with Tax ID: , and registered in: , with the following registration details: , whose representative is: (hereinafter, the Data Controller). The contact details are as follows:

Address: C/ Cova Fumada 59, Urb. Garraf II
Phone number: +34 629 98 46 11
Fax:
Email: info@nicola-mesken.com

Register of Personal Data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Photographer Nicola Mesken in Barcelona through the forms provided on its web pages will be included in and processed in our file with the purpose of facilitating, streamlining, and fulfilling the commitments established between Photographer Nicola Mesken in Barcelona and the User, or to maintain the relationship established in the forms completed by the User, or to respond to a request or inquiry 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 maintained, specifying—according to its purposes—the processing activities carried out and 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 and subsequent articles of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights:

• Lawfulness, fairness and transparency principle: The User’s consent will be required at all times after being fully informed in a transparent manner about the purposes for which personal data is collected.

• Purpose limitation principle: Personal data will be collected for specific, explicit, and legitimate purposes.

• Data minimization principle: The personal data collected shall be only what is strictly necessary in relation to the purposes for which it is processed.

• Accuracy principle: Personal data must be accurate and always kept up to date.

• Storage limitation principle: Personal data shall only be kept in a way that allows the identification of the User for as long as necessary for the purposes of the processing.

• Integrity and confidentiality principle: Personal data shall be processed in a manner that ensures its security and confidentiality.

• Accountability principle: The Data Controller shall be responsible for ensuring compliance with the above principles.

Categories of Personal Data

The categories of data processed by Photographer Nicola Mesken in Barcelona are limited to identifying data only. Under no circumstances are special categories of personal data, as defined in Article 9 of the GDPR, processed.

The categories of data processed by Photographer Nicola Mesken in Barcelona include both identifying data and special categories of personal data as defined in Article 9 of the GDPR.

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

The processing of special categories of personal data will, in all cases, require the User’s explicit consent for one or more specific purposes.

Legal Basis for the Processing of Personal Data

The legal basis for the processing of personal data is consent. Photographer Nicola Mesken in Barcelona 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. Withdrawing consent shall be as easy as giving it. As a general rule, the withdrawal of consent shall not affect the use of the Website.

In cases where the User is required or able to provide their data through forms to make inquiries, request information, or for matters related to the content of the Website, they will be informed if any of the fields are mandatory due to being essential for the proper execution of the operation in question.

Purposes of the Processing of Personal Data

Personal data is collected and managed by Photographer Nicola Mesken in Barcelona for the purpose of facilitating, streamlining, and fulfilling the commitments established between the Website and the User, or for maintaining the relationship established in the forms completed by the User, or to respond to a request or inquiry.

Likewise, the data may be used for commercial purposes involving customization, operations, and statistics, as well as for activities related to the corporate purpose of Photographer Nicola Mesken in Barcelona. This includes data extraction, storage, and marketing studies aimed at adapting the content offered to the User, as well as improving the quality, operation, and navigation of the Website.

At the time the personal data is collected, the User will be informed of the specific purpose(s) of the processing to which the data will be subjected; that is, the intended use(s) of the collected information.

Personal Data Retention Periods

Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 18 months, or until the User requests its deletion.

At the time the personal data is collected, the User will be informed of the retention period for their personal data or, when this is not possible, the criteria used to determine that 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 recipient(s) or categories of recipients:

Google Analytics, S.L., with registered office at Calle de la Raza, 5, 28053 Madrid, Spain.

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

Personal Data of Minors

In accordance with the provisions of Article 8 of the GDPR and Article 7 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, only individuals over the age of 14 may lawfully give their consent for the processing of their personal data by Photographer Nicola Mesken in Barcelona. In the case of minors under the age of 14, parental or guardian consent will be required for the processing, and such processing shall only be considered lawful to the extent that it has been authorized by them.

Confidentiality and Security of Personal Data

Photographer Nicola Mesken in Barcelona undertakes to adopt the necessary technical and organizational measures, according to the appropriate level of security for the risk associated with the collected data, in order to ensure the security of personal data and to prevent the accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or otherwise processed, or the unauthorized disclosure of or access to such data.

The Website uses an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as data transmission between the server and the User, and vice versa, is fully encrypted.

However, since Photographer Nicola Mesken in Barcelona cannot guarantee the absolute invulnerability of the Internet or the complete absence of hackers or others who may fraudulently access personal data, the Data Controller undertakes to promptly inform 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. According to Article 4 of the GDPR, a personal data breach is defined as any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored, or otherwise processed.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and ensure, through legal or contractual obligation, that such confidentiality is respected by employees, partners, and any person to whom the information is made accessible.

Rights Arising from the Processing of Personal Data

The User has the following rights in relation to Photographer Nicola Mesken in Barcelona and may therefore exercise them before the Data Controller, as recognized by the GDPR and Organic Law 3/2018, of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights:

• Right of access: The User has the right to obtain confirmation as to whether Photographer Nicola Mesken in Barcelona is processing their personal data and, if so, to obtain information regarding such personal data and the processing carried out or planned by Photographer Nicola Mesken in Barcelona. This includes, among other things, information on the origin of the data and the recipients of any actual or intended disclosures.

• Right to rectification: The User has the right to have inaccurate personal data rectified, or completed if it is incomplete, taking into account the purposes of the processing.

• Right to erasure (“right to be forgotten”): The User has the right, unless otherwise provided by applicable law, to have their personal data erased when it is no longer necessary for the purposes for which it was collected or processed; when the User withdraws consent and there is no other legal basis for the processing; when the User objects to the processing and there are no overriding legitimate grounds; when the personal data has been unlawfully processed; when it must be erased to comply with a legal obligation; or when it was collected in connection with the offer of information society services to a child under 14 years old. In addition to deleting the data, the Data Controller must take reasonable steps, based on available technology and cost, to inform other controllers who may be processing the personal data of the User’s request for erasure of any links to such data.

• Right to restriction of processing: The User has the right to request the restriction of the processing of their personal data. This applies when the accuracy of the data is contested; the processing is unlawful; the Data Controller no longer needs the data but the User requires it for legal claims; or when the User has objected to the processing.

• Right to data portability: If the processing is carried out by automated means, the User has 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 controller. Where technically feasible, the Data Controller shall directly transfer the data to the new controller.

• Right to object: The User has the right to object to the processing of their personal data by Photographer Nicola Mesken in Barcelona, or to request the termination of such processing.

• Right not to be subject to automated individual decision-making, including profiling: The User has the right not to be subject to a decision based solely on automated processing, including profiling, unless otherwise provided by law.

Therefore, the User may exercise their rights by sending a written communication to the Data Controller with the reference “GDPR–https://nicola-mesken.com/”, specifying the following:

• The User’s full name and a copy of their ID. In cases where representation is permitted, identification of the representative must also be provided by the same means, along with the document accrediting such representation. The copy of the ID may be replaced by any other legally valid means that proves the identity.

• A specific request indicating the reasons for the request or the information the User wishes to access.

• An address for notification purposes.

• Date and signature of the applicant.

• Any document supporting the request being made.

This request and any accompanying documentation may be sent to the following postal address and/or email:

Postal address: C/ Cova Fumada 59, Urb. Garraf II
Email: info@nicola-mesken.com

Links to Third-Party Websites

The Website may include hyperlinks or links that allow access to third-party websites that are not operated by Photographer Nicola Mesken in Barcelona. The owners of such websites will have their own data protection policies and will be solely responsible, in each case, for their own data files and privacy practices.

Complaints to the Supervisory Authority

If the User considers that there is a problem or a violation of current regulations in the way their personal data is being processed, they have the right to effective judicial protection and to file a complaint with a supervisory authority, in particular in the Member 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 AND CHANGES TO THIS PRIVACY POLICY

It is necessary for the User to have read and agreed to the personal data protection terms contained in this Privacy Policy, as well as to accept the processing of their personal data so that the Data Controller may proceed with such processing in the manner, within the timeframes, and for the purposes indicated. Use of the Website implies acceptance of its Privacy Policy.

Photographer Nicola Mesken in Barcelona reserves the right to modify its Privacy Policy at its own discretion, or due to a legislative, judicial, or doctrinal change by the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. Users are encouraged to review this page periodically to stay informed 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 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 Guarantee of Digital Rights.