Policy of Privacy
POLICY OF PROTECTION OF PERSONAL CHARACTER DATA
In accordance with the arranged thing in Statutory law 15/1999, of 13 of December, Protection of Personal Character data (in future LOPD) and in Real Decreto 1720/2007, of 21 of December, by that the Regulation of development of the LOPD is approved (in future RDLOPD), asturhosting shows its policy, with respect to the treatment and protection of the personal character data, which will be of application to those people who voluntarily communicate through e-mail with asturhosting, compliments forms of collection of data, they formalize a contractual relation with asturhosting or use any other present service in the website that implies the data communication to asturhosting or the access to data by asturhosting for the benefit of services. ¨ ¨ the use of the services of asturhosting will suppose the express acceptance of this policy. ¨ ¨ Also, these conditions will be of subsidiary application of those others that on the same matter settle down, with special character, and is communicated without limiting character through the forms of registry, contracts and/or conditions of the particular services, being the present policies as complementary of the previous ones in that one not anticipated specifically and that is not contradicted.
AsturHosting informs to the user into the website into the existence into several treatments and files into personal data whose person in charge is AsturHostingS.L (asturhosting) with head office in Industrial City ValnalÃ³n, C/LaminaciÃ³n, Parcla 10-2,33930 Langreo (Principality of Asturias), Spain, where the communicated personal data take shelter and store asturhosting.
The shipment of an e-mail to asturhosting, or the communication to asturhosting of any other personal data through any means, entails or implies the benefit of free, unequivocal, specific, informed and express the consent for the personal data processing by asturhosting, which will be realised in order to take care of the received communications. ¨ ¨ In the hiring of services offered by arsys, the data will be treated in order to exclusively to this end maintain the contractual relation that if so it settles down, in accordance with the nature and characteristics of the contracted service and, asturhosting will contact with the client through e-mail, SMS or other means indicated at this last one, as well as for the maintenance of historical of trade relations during the legally established terms. ¨ ¨ asturhosting allows that the clients choose, in the form who compliment when registering, if they wish or not to receive commercial information. Independent of the option that they had chosen, they will be able to modify it at any time, so many times as they wish, from the specific section for such aim, available in its Area of client. ¨ ¨ In those cases in that the clients choose to receive commercial information, asturhosting informs into which their data will be dealed with for the shipment documentation and information related to the services, commercial and/or advertising communications on the same, either other similars, by postal, telephone route, e-mail, SMS or other means indicated by the client. ¨ ¨ In those cases in that asturhosting must accede and/or try personal character data responsibility and ownership of its clients, for the suitable benefit of the contracted services, that one will treat the corresponding data as in charge of the treatment in accordance with the anticipated thing in the present Policy of Privacy in which the obligations of the parts in the terms established in article 12 of the concordant LOPD and of the RDLOPD are regulated. ¨ ¨
The user will be able at any time to exercise his rights of access, rectification, cancellation and opposition, in those assumptions that is possible, sending a message from the section Contact of the tool Area of Client, accessible from http://swordfishcode.com if she is client. Also, these rights will be able to be exercised, by means of the remission of a communication to the following [email protected] email address or the shipment of a request written indicating the request or right that exercises, along with a copy of their national identity document or valid document in right that credits its identity, directed to AsturHosting S.L in the following mailing dress Industrial City ValnalÃ³n, C/LaminaciÃ³n, Parcel 10-2 - 33930 Langreo (Principality of Asturias), Spain, for the attention of the Department of Commercial Information.
AsturHosting has predicted the accomplishment of cessions or data communications that in regard to article 11 of the LOPD must realise to take care of its obligations with the Public Administrations if so and also, to other organs, when therefore it requires it the effective Legislation. ¨ ¨ In this sense and in accordance with the dispositions of Law 25/2007, of 18 of October of conservation of data regarding the electronic communications and to the public networks, informs if so to the user who asturhosting will have to come to retain and to conserve certain generated data of traffic during the development of the communications, as well as, to communicate these data to the competent organs, whenever the circumstances anticipated in this Law concur. ¨ ¨ Also, in those assumptions in which it is from application as a result of the benefit of the services, and as requirement established by the ICANN or competent registrante organization, the holder of a domain name authorizes the publication of the data regarding the ownership of the name of domain at issue and the contacts administrative, technical and of payment that, according to the norm, must be accessible public and from the WHOIS of the competent cash registers. In case the client is not the holder, she is commited to successfully obtain of this one the authorization for the publication of the data and the transmission of the same. ¨ ¨ asturhosting informs into which it will be able to yield the personal character data, exclusively for the detailed purposes throughout the present Policy, to any integral companies of the Group of Societies of which it comprises, understood this in the sense of article 4 of Law 24/1988, of 28 of July, the Stock market, whose activity is the commercialization of services of identical or analogous nature to the offered ones by asturhosting, such as services of presence in Internet, managed Hosting, cloud computing or solutions technological infrastructure outposts, for which, the user and/or client offer his consent in advance.
Asturhosting warns that, except for the existence of a legally constituted representation, no user and/or client will be able to use the identity of another person and to communicate his personal data, reason why at any moment will have to consider that must communicate to asturhosting, personal data corresponding to its own identity and which they are adapted, pertinent, present, exact and true. ¨ ¨ To such effects, the user and/or client will be the only person in charge against any damage, direct and/or indirect that it causes to third parties or asturhosting by the use of personal data of another person, or its own personal data when they are false, erroneous, nonpresent, inadequate or impertinent. Also the user and/or client who communicates the personal data of a third party, will respond before this one of the obligation of information settled down in article 5,4 of the LOPD for when the personal character data have not been successfully obtained of the own one interested, and/or of the consequences of to him not to have informed.
Asturhosting informs that, in accordance with arranged in the LOPD and the RDLOPD, it has adopted the organizational measures of technical nature and necessary to guarantee the security of the personal character data taking into account the state of the technology, the nature of the stored data and the risks to that they are exposed, and that will only register personal character data in files that meet the conditions that determine in the effective norm with respect to their integrity and security and to those of the centers of treatment, the premises, equipment, systems and programs. Also asturhosting guarantees the fulfillment of having of professional secret with respect to the personal data object of treatment and having to keep them.
In accordance with article 12 of the concordant LOPD and of the RDLOPD communication or cession of data will not be considered the access and/or data processing of personal character that are responsibility and ownership of the clients of asturhosting when the same is necessary for the suitable benefit of the services that in each case are contracted. In such cases, asturhosting will act as in charge of the treatment and it will carry out the access and/or treatment of the data in agreement with the terms that next are indicated:
¢ Asturhosting will only deal with the data according to the instructions the client responsible for the treatment and it will not apply them or it will use with aim different from which appears in the contractual Conditions that are to him of application, nor will communicate them, not even for its conservation, to other people asturhosting will not bear responsibility when, previous express indication of the client responsible for the treatment, as planned communicates the data to a third party designated by this one in the LOPD and the RDLOPD.
¢ Fulfilled the benefit of the services of data processing of personal character, these any support or documents will be destroyed, like in which some personal character data consists or any type of information that has been generated during, for and/or by the benefit of the services object of the corresponding Conditions. ¨ Despite the previous thing, arsys will be able to maintain properly blocked the mentioned data during the period in which responsibilities can be derived from their relation with the client.
¢ In case in that asturhosting destines the data to another purpose, it communicates them or it uses them failing to fulfill the corresponding Conditions of the service, will be considered, also, person in charge of the treatment, responding of the infractions which it had incurred personally.
¢ asturhosting is commited, in accordance with article 10 of the LOPD, to keep the due professional secret with respect to the personal character data to which it must accede and/or try with the purpose of to fulfill in each case with the intention of the Conciones of the service that are to him of application, as much during as after the completion of the same, committing itself to only use this information for the purpose anticipated in each case and to demand the same level of commitment to any person who within her organization participates in any phase of the treatment of the personal character data responsibility of the client.
¢ In agreement with the established thing in the RDLOPD they will be of application the following rules in relation to the form and modalities of access to the data for the benefit of the services:
¢. When asturhosting must accede to the resources situated in data processing in the facilities of the client responsible for the treatment, this one will be responsible to establish and to implement the policy and safety measures and to communicate such policies and measures to asturhosting, that is committed to respect them and to demand its fulfillment to the people of its organization which they participate in the benefit of the services.
¢. When asturhosting accedes via remote to the resources of data processing responsibility of the client, this one will be responsible to establish and to implement the policy and safety measures in its remote systems of treatment and asturhosting will be responsible to establish and to implement the policy and safety measures in its local systems.
¢. When the service was rendered by asturhosting in its own premises, other people's to those of the client responsible for the treatment, that one will pick up in its document of security the circumstances regarding the treatment of the data in the terms demanded by the effective legislation, incorporating the safety measures to implant in relation to this treatment.
¢ In all the cases, the access to the data by asturhosting will be put under the contemplated safety measures in the effective norm on security of personal data in agreement with the established thing in Title VIII of the RDLOPD, which will have the condition of indispensable minimums, notwithstanding the effective specific legal or prescribed dispositions that could be from application in each case or those that by own initiative adopts astuhosting.
¢ The client authorizes to asturhosting, in his quality of in charge of treatment, to subcontract, in name and on behalf of the client, with third parties the services of storage and guards of backup copies of data, in those cases in that thus it is necessary, respecting in any case the obligations imposed by the LOPD and its norm of development. At any time, the client responsible for the treatment will be able to go to asturhosting to know the identifying data the organizations that if so are subcontracted by asturhosting for the benefit of the indicated services, which in any case will act in accordance with the terms anticipated in this document and previous formalization with asturhosting of a contract of access to data for the benefit of services in the terms anticipated in articles 12 of LOPD and 20 of the RDLOPD.
¢ Also, the client responsible for the treatment authorizes to asturhosting to take to end the actions that next are indicated whenever it is credited that is necessary for the execution of the benefit of services. In any case, the authorization is limited la/s actuaciÃ³n/es that each benefit of services requires and with a maximum duration similar to the use of the contractual Conditions that are of application:
¢. to only carry out the treatment of the personal character data in portable devices of data processing by the users or profiles of assigned users to the benefit of services;
¢. to only carry out the treatment outside the premises of the client responsible for the treatment or asturhosting by the users or profiles of assigned users to the benefit of services;
¢. the entrance and exit of the supports and documents that contain personal supplement and/or character data, including included to an e-mail, outside the premises under the control of the client responsible for the treatment;
¢. the execution of the procedures of data retrieval that asturhosting is seen in the obligation that to execute.
¢ Asturhosting does not become person in charge of the breach of the obligations derived from the LOPD and his norm of development on the part of the client responsible for the treatment in the part that to its activity corresponds to him and that is related to the execution of the contract or trade relations that unite to him to asturhosting. Each part will have to do against the responsibility that is derived from its own breach of the contractual obligations, legislation and norm.