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Privacy Policy

I. Privacy and data protection policy

In compliance with current legislation, Cardby (hereinafter referred to as “the Website”) is committed to adopting the necessary technical and organizational measures, according to the appropriate level of security for the risk involved with the data collected.

Laws Incorporated in This Privacy Policy

This privacy policy is adapted to the current Spanish and European regulations regarding 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 concerning 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 guarantee of digital rights (LOPD-GDD).
  • Royal Decree 1720/2007, of 21 December, approving the regulations for the development of 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 Data Controller

The data controller for the personal data collected on Cardby is: Ines Colmenares, with NIF: 13343619P (from now on referred to as “Data Controller”). Contact details are as follows:

  • Address: Av/ Patrimonio de la Humanidad Nº 6, 05004 Ávila
  • Contact Phone: +34 671414167
  • Contact Email: support@cardby.es

Registration of Personal Data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Cardby through the forms on its pages will be incorporated and processed in our file to facilitate, expedite, and fulfill the commitments established between Cardby and the User or the maintenance of the relationship established in the forms the User fills out, or to respond to a request or query from the User. Furthermore, in accordance with the GDPR and the LOPD-GDD, unless otherwise stated, an activity log of processing activities specifying, according to its purposes, the processing activities carried out and other circumstances established in the GDPR will be maintained.

Principles Applicable to the Processing of Personal Data

The processing of the User’s personal data will be subject to the following principles set out in Article 5 of the GDPR and Article 4 and subsequent articles of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights:

  • Principle of Lawfulness, Fairness, and Transparency: User consent will be required at all times, with full transparency on the purposes for which the personal data are collected.
  • Principle of Purpose Limitation: Personal data will be collected for specified, explicit, and legitimate purposes.
  • Principle of Data Minimization: Only the minimum necessary personal data will be collected for the purposes for which they are processed.
  • Principle of Accuracy: Personal data must be accurate and kept up to date.
  • Principle of Storage Limitation: Personal data will be retained only as long as necessary for the purposes of their processing.
  • Principle of Integrity and Confidentiality: Personal data will be processed in a manner that ensures their security and confidentiality.
  • Principle of Proactive Responsibility: The Data Controller will be responsible for ensuring compliance with the above principles.

Categories of Personal Data

The categories of data processed by Cardby are solely identifying data. No special categories of personal data are processed as defined in Article 9 of the GDPR.

Legal Basis for the Processing of Personal Data

The legal basis for the processing of personal data is consent. Cardby commits to obtaining the explicit and verifiable consent of the User for processing their personal data for one or more specific purposes.

The User has the right to withdraw their consent at any time. Withdrawing consent will be as easy as giving it. As a general rule, withdrawing consent will not condition the use of the Website.

When the User is required or can provide their data through forms to make inquiries, request information, or for reasons related to the content of the Website, they will be informed if the completion of any of them is mandatory due to being essential for the correct conduct of the operation performed.

Purposes of the Processing to Which Personal Data Are Used

Personal data are collected and managed by Cardby to facilitate, expedite, and fulfill the commitments established between the Website and the User or to maintain the relationship established in the forms that the latter fills out or to respond to a request or inquiry.

Additionally, the data may be used for commercial purposes of personalization, operation, and statistics, and activities related to Cardby’s corporate purpose, as well as for the extraction, storage of data, and marketing studies to tailor the offered Content to the User, as well as improve the quality, operation, and navigation of the Website.

When personal data are obtained, the User will be informed about the specific purpose or purposes of the processing to which the personal data will be used, that is, the use or uses that will be made of the information collected.

Data Retention Periods

Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 24 months, or until the User requests their deletion.

When personal data are obtained, the User will be informed about the period for which personal data will be retained or, when that is not possible, the criteria used to determine this period.

Recipients of Personal Data

The User’s personal data will not be shared with third parties.

In any case, when personal data are obtained, the User will be informed about the recipients or categories of recipients of the personal data.

Personal Data of Minors

In compliance with Articles 8 of the GDPR and 7 of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, only individuals over 14 years of age may lawfully consent to the processing of their personal data by Cardby. If under 14 years of age, parental or guardian consent will be required for processing, which will only be considered lawful to the extent that they have authorized it.

Confidentiality and Security of Personal Data

Cardby is committed to adopting the necessary technical and organizational measures, according to the appropriate level of security for the risk of the data collected, to ensure the security of personal data and prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to personal data transmitted, stored, or otherwise processed.

The Website has an SSL (Secure Socket Layer) certificate, ensuring that personal data are transmitted securely and confidentially, as the data transfer between the server and the User, and in feedback, is fully encrypted.

However, since Cardby cannot guarantee the invulnerability 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 personal data breach occurs that is likely to result in a high risk to the rights and freedoms of natural persons. As defined in Article 4 of the GDPR, a personal data breach is 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 by legal or contractual obligation that such confidentiality is respected by their employees, associates, and any person to whom they make the information accessible.

Rights Derived from the Processing of Personal Data

The User may exercise the following rights recognized by the GDPR and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, with Cardby and therefore with the Data Controller:

  • Right of Access: The right of the User to obtain confirmation as to whether Cardby is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Cardby has carried out or is carrying out, as well as, among other things, the information available about the origin of those data and the recipients of the communications made or planned.
  • Right of Rectification: The right of the User to request the modification of personal data that are inaccurate or, considering the purposes of the processing, incomplete.
  • Right of Erasure (“the right to be forgotten”): The right of the User, provided that the current legislation does not establish otherwise, to obtain the deletion of their personal data when 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 reason to continue with it; the personal data have been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data have been obtained as a result of an offer of information society services directly to a child under 14 years of age. In addition to deleting the data, the Data Controller, considering the available technology and the cost of its application, must take reasonable steps to inform other data controllers who are processing the personal data of the data subject’s request to delete any links to those personal data.
  • Right to Restriction of Processing: The right of the User to limit the processing of their personal data. The User has the right to obtain the restriction of processing when the accuracy of their personal data is contested; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs them to make claims; and when the User has objected to the processing.
  • Right to Data Portability: The right to receive the personal data that the User has provided to the Data Controller in a structured, commonly used, and machine-readable format and to transmit them to another Data Controller.
  • Right to Object: The right of the User to object to the processing of their personal data or to request that the processing be ceased.

Where it is not excessively burdensome, the User may exercise these rights through a written communication addressed to the Data Controller specifying:

  • Name, surname of the User and a copy of their ID card. In cases where representation is admitted, it will also be necessary to provide the identification document of the person representing the User, as well as the document proving the representation. The photocopy of the ID may be substituted by any other legally valid means that proves identity.
  • Request with the specific reasons for the request or information to which you want to access.
  • Address for notifications.
  • Date and signature of the applicant.
  • Any document that proves the request made.

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

Complaints to the Supervisory Authority

If the User considers that there is a problem or breach 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, particularly in the State in which they have their habitual residence, workplace, or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

II. Acceptance and changes to this privacy policy

It is required that the User has read and agrees to the conditions on the protection of personal data contained in this Privacy Policy, as well as to the processing of their personal data to allow the Data Controller to carry out the same, during the periods and for the indicated purposes. Use of the Website implies acceptance of its Privacy Policy.

Cardby reserves the right to modify its Privacy Policy according to its own criteria or motivated by a legislative, jurisprudential, or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. It is recommended that the User regularly check this page to stay informed of any changes. The Privacy Policy was last updated on September 1, 2024, to adapt to 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 the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.