1. Introduction
The American Agency Spain, operated by David Bornstein (we, us, or our/s) is committed to protecting and respecting your privacy by complying with the requirements under applicable laws and regulations including the laws and regulations of Spain and the European Economic Area (EEA).
This policy explains how we manage personal data within our organisation and also governs your use of services, content, features, technologies or functions offered by us and all related sites, applications and services (collectively the Services).
You accept and consent to this policy when you sign up for, access, or use the Services and by doing so, you expressly consent to our use and disclosure of your personal information in the manner described in this policy.
2. Your duty to inform us of changes
We are the data controller and responsible for your personal data and it is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
3. Information we collect from you
The kinds of personal data that we collect and hold about you may include:
- identifying information, such as your name and date of birth;
- contact information, such as your postal address, email address and telephone numbers;
- social media handles and other social media profile information that you make available to us or to the public;
- details of services that we provide to you; and
- records of our communications with you, including any messages you send us.
During the course of our relationship with you we may ask for additional information from you which is required for us to fulfil the specified service.
Without the above information, we may not be able to provide you with our services.
4. How we collect personal data
We may collect personal data about you in a number of ways including:
- where you register to receive emails from us;
- when you use our Services or order services from us;
- when you submit a query or request to us;
- from other third parties, such as third-party analytics services, our marketing partners, publicly available sources and data providers;
- when you respond to a survey that we run or fill in forms on one of our websites.
5. How we use your data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- where you consent to it;
- where we need to perform a contract we are about to enter into or have entered into with you;
- where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
- where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
6. Purposes for which we use personal data
We use personal data that we collect about you for the following purposes:
- to verify your identity (including age) when you are dealing with us;
- to determine your eligibility for any of our services;
- to enable us to offer our services;
- to provide you with the services and information you have requested;
- to improve our website based on your information and feedback;
- to answer your queries and requests and resolve your complaints;
- to carry out market analysis and research;
- to monitor use of our services;
- to assess, maintain, upgrade and improve our services; and
- to carry out education and training programs for our staff.
7. Automated decision making
No automated decisions will be made based on your data.
8. Marketing
We may from time to time use your personal data in order to send you marketing materials about our services that we think you may be interested in but we shall always give you the opportunity to easily opt-out of any such communications. You can opt-out of receiving marketing communications from us by contacting us or, in respect of emails, by clicking unsubscribe on the relevant email. We will get your express opt-in consent before we share your personal data with any company outside our group of companies for marketing purposes.
9. Who we may disclose your information to:
- your representatives, advisers and others you have authorised to interact with us on your behalf;
- our staff who need the information to discharge their duties;
- our business partners, agents and service providers;
- professional advisers who we engage to provide advice on our business; and/or
- government authorities and bodies, supra-national authorities and bodies, crime investigation agencies, courts and others who ask us to disclose that information as required by law.
In addition to the disclosures detailed in this section, we may also disclose your personal information where it is necessary to do so: for compliance with a legal obligation; in order to protect the vital interests of you or another natural person; and for the establishment, exercise or defence of legal claims.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that we only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
10. Cookies policy
We use cookies to distinguish you from other users of the Website. This helps us to provide you with a good experience when you use our Services.
We use the following 4 main type of cookies:
Strictly necessary cookies: required for the operation of our website.
Analytical/performance cookies: allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our Website works e.g. by ensuring that users are finding what they are looking for easily.
Functionality cookies: used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences.
Targeting cookies: these record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
If you wish you can change your cookie settings in your browser if you would like to prevent any cookies being stored on your online enabled device, but be aware that this may severely impact the functionality of the Services.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies but if you do this, you may not be able to access all or parts of our website.
11. Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
12. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
13. Data retention
Your personal data will only be kept as long as required to meet our legal obligations and no longer than is necessary. In most cases we will retain your personal data for a period of between 1-6 years after our relationship ends. At our discretion, we shall retain personal data for any period we consider is reasonably necessary to meet our legal or regulatory obligations.
14. Your legal rights
You have rights under data protection laws in relation to your personal data, which are set out below:
Right to be informed: you have a right to be told how we use your personal information;
Right of access: you have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email or write to us at the following address;
Right of rectification: under certain circumstances you have the right to rectification if you believe your data is incorrect
Right to erasure (right to be forgotten): under certain circumstances you have the right to erase your personal data;
Right to restrict processing: under certain circumstances you have the right to object to our processing your personal data or to restrict our processing of it;
Right of data portability: you have the right to have the personal data we hold on you transferred to another organisation
Right to object: where you have given consent to any processing (including marketing) you have the right to withdraw that consent at any time (but this doesn’t affect processing which we have done on that basis prior to you withdrawing consent).
Please contact us if you wish to exercise any of the rights set out above.
15. No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
16. What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
17. Third-party sites
Some pages made available through the Services include links to third-party websites: clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control such websites and are not responsible for their privacy statements. We encourage you to read the privacy policy of every website you visit.
18. Changes to this policy
Any changes we make to our privacy policy in the future will be posted on this page: please check back frequently to see any updates or changes to our privacy policy.
19. Contact
Questions, comments and requests regarding this policy are welcomed and should be addressed to our support team at david@theamericanagencyspain.com.
