Privacy and Data Protection

1. 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 (RGPD).
• Ley Orgánica 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
• Real Decreto 1720/2007, of 21 December, approving the Regulation implementing Ley Orgánica 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).
• Ley 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).

2. Registration of Personal Data

In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Kunfupay through the forms on its pages will be incorporated and processed in our files in order to facilitate, expedite and fulfil the commitments established between Kunfupay and the User or to maintain the relationship established through the forms they complete, or to attend to a request or enquiry. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in Article 30.5 of the RGPD applies, a record of processing activities is maintained that specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD.

3. 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 RGPD:

• Principle of lawfulness, fairness and transparency: the User's consent shall be required at all times, preceded by completely transparent information about the purposes for which personal data is collected.
• Principle of purpose limitation: personal data shall be collected for specified, explicit and legitimate purposes.
• Principle of data minimisation: personal data collected shall be only that which is strictly necessary in relation to the purposes for which it is 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 the time necessary for the purposes of processing.
• Principle of integrity and confidentiality: personal data shall be processed in a manner that ensures its security and confidentiality.
• Principle of accountability: the Data Controller shall be responsible for ensuring that the above principles are complied with.

4. Categories of data, legal basis and purposes

The categories of data processed on Kunfupay are exclusively identifying data. Under no circumstances are special categories of personal data within the meaning of Article 9 of the RGPD processed.

The legal basis for the processing of personal data is consent. Kunfupay is committed to obtaining 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 to give it. As a general rule, withdrawal of consent shall not affect the use of the Website.

Personal data is collected and managed by Kunfupay for the purpose of facilitating, expediting and fulfilling the commitments established between the Website and the User or maintaining the relationship established through the forms the User completes, or to attend to a request or enquiry. Likewise, the data may be used for commercial personalisation, operational and statistical purposes, and activities proper to Kunfupay's corporate purpose, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and browsing of the Website.

Personal data shall only be retained for the minimum time necessary for the purposes of processing and, in any case, only for the following period: 2 years, or until the User requests its deletion.

5. Recipients, secrecy and security

The User's personal data shall not be shared with third parties.

Kunfupay is committed to adopting the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in order 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 communication of or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, is totally encrypted.

However, since Kunfupay cannot guarantee the impregnability of the internet or the total absence of hackers or others who may fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a breach of the security of personal data occurs that is likely to pose a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the RGPD, a personal data breach means any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.

Personal data shall be treated as confidential by the Data Controller, who undertakes to inform and ensure through a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.

6. Rights derived from the processing of personal data

The User has the following rights over Kunfupay and may therefore exercise them against the Data Controller, as recognised under the RGPD:

• Right of access: the right of the User to obtain confirmation of whether or not Kunfupay is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Kunfupay has carried out or is carrying out, as well as, among other things, information available about the origin of such data and the recipients of communications made or planned.
• Right to rectification: the right of the User to have their personal data modified where it is inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure ("the right to be forgotten"): the right of the User, provided current legislation does not provide otherwise, to obtain the erasure of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn consent and there is no other legal basis for processing; the User objects to processing and there is no other legitimate reason to continue; the personal data has been unlawfully processed; the personal data must be erased to comply with a legal obligation; or the personal data was obtained through a direct offer of information society services to a child under 14.
• Right to restriction of processing: the right of the User to restrict the processing of their personal data. The User has the right to obtain the 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 it to make claims; and when the User has objected to processing.
• Right to data portability: where 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 it to another controller. Where technically feasible, the Data Controller shall transmit the data directly to that other controller.
• Right to object: the right of the User to prevent the processing of their personal data or to have Kunfupay cease processing it.
• Right not to be subject to a decision based solely on automated processing, including profiling: the right of the User not to be subject to an individualised decision based solely on automated processing of their personal data, including profiling, unless otherwise provided by current legislation.

The User may exercise their rights by written communication addressed to the Data Controller with the reference "RGPD-www.kunfupay.com", specifying: name, surname and copy of ID; request with the specific reasons for the application; address for notification purposes; date and signature of the applicant; and any document supporting the request. This request may be sent to: contacto@kunfupay.com or to the postal address: Avenida Cándido Lobera 5, 3º Ático, 52001 Melilla.

7. Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party web pages other than Kunfupay, and which are therefore not operated by Kunfupay. The owners of such websites shall have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

8. 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 is being processed, they shall have the right to effective judicial protection and to file 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).

9. Acceptance and changes to this privacy policy

It is necessary for the User to have read and agree to 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 may proceed with it in the manner, during the periods and for the purposes indicated. Use of the Website implies acceptance of its Privacy Policy.

Kunfupay reserves the right to modify its Privacy Policy, at its own discretion, or motivated by a legislative, jurisprudential or doctrinal change by 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 stay informed of the latest changes or updates.