Personal data protection according to GDPR

Constantino Gutiérrez S.A., in application of the current regulations on personal data protection, informs that the personal data collected through forms on the website: https://medifer.es /, are included in the specific automated files of users of the services of Constantino Gutiérrez S.A.

The purpose of the automated collection and processing of personal data is to maintain the commercial relationship and provide information, training, advice and other activities of Constantino Gutiérrez S.A.

This data will only be transferred to those entities that are necessary for the sole purpose of complying with the purpose set out above.

Constantino Gutiérrez S.A. adopts the necessary measures to guarantee the security, integrity and confidentiality of the data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 with regard to the processing of personal data and on the free movement of such data, and repealing the old LOPD, the new Organic Law 3/2018, of 5 December, on Data Protection and the Guarantee of Digital Rights (LOPDGDD).

The user may at any time exercise their rights of access, objection, rectification, erasure, restriction and portability recognised in that Regulation (EU). The user can exercise these rights by sending an email to: cgsa@medifer.es or at the address: Avenida Mare Nostrum, 25, C.P. 03007 – Alicante (Alicante).

The user declares that all the data provided by them is correct and true, and undertakes to keep them updated, notifying Constantino Gutiérrez S.A. of any changes.

Purpose of processing personal data

At Constantino Gutiérrez S.A., we will process your personal data collected through the Website: https://medifer.es/, for the following purposes:

  1. To comply with the company’s commercial, labour, corporate and accounting obligations.
  2. To provide its services in accordance with customers’ specific needs, in order to satisfy the contracts signed by the customer.
  3. To comply with the company’s internal processes with regard to the administration of suppliers and contractors.
  4. To send promotional information electronically.
  5. To provide the information requested by the user through the contact form.

Please note that you can object to the sending of commercial communications by any means and at any time, by sending an email to the address indicated above.

The fields of these records are mandatory, and it is impossible to carry out the expressed purposes if these details are not provided.

The personal data provided will be kept as long as the commercial relationship is maintained or you do not request its deletion and during the period for which legal responsibilities may arise for the services provided.

Legitimacy

Your data is processed according to the following legal grounds:

  1. The request for information and/or the contracting of the services of Constantino Gutiérrez S.A., whose terms and conditions will be made available to you in all cases, prior to any possible contracting.
  2. Free, specific, informed and unequivocal consent, as we inform you by providing you with this privacy policy, which after reading, if you agree, you can accept by means of a declaration or a clear affirmative action, such as ticking a box intended for this purpose.

If you do not provide us with your data or do so in an incorrect or incomplete manner, we will not be able to meet your request, and it will be entirely impossible to provide you with the requested information or to carry out the contracting of services.

Recipients

The data will not be communicated to any third party outside of Constantino Gutiérrez S.A., unless legally required.

Data collected by users of the services

In cases where the user includes files with personal data on shared hosting servers, Constantino Gutiérrez S.A. does not take responsibility for the user’s non-compliance with the GDPR.

Intellectual property rights

Constantino Gutiérrez S.A. holds all copyright, intellectual and industrial property, know-how and all other rights relating to the contents of the website https://medifer.es/and the services offered therein, as well as the necessary programs for its implementation and related information.

Reproduction, publication and/or use of the content, total or partial, of the website https://medifer.es/ without prior written consent is not permitted.

Software intellectual property

The user must respect the third-party programs made available to them by Constantino Gutiérrez S.A., even if they are free and/or available to the public.

Constantino Gutiérrez S.A. has the necessary operating and intellectual property rights for the software.

The user does not acquire any right or licence for the contracted service over the software required for the provision of the service, nor over the technical information for monitoring the service, except for the rights and licenses required to fulfil the contracted services and only for their duration.

For any action that exceeds fulfilment of the contract, the user will need written authorisation from Constantino Gutiérrez S.A., and the user will be prohibited from accessing, modifying, and viewing the configuration, structure and files of the servers owned by Constantino Gutiérrez S.A., assuming civil and criminal responsibility arising from any incident that could arise on the servers and security systems as a direct result of negligent or malicious actions on their part.

Intellectual property of hosted content

Use contrary to the legislation on intellectual property of the services provided by Constantino Gutiérrez S.A. is prohibited, in particular:

  1. Use contrary to Spanish law or that infringes the rights of third parties.
  2. The publication or transmission of any content that, in the opinion of Constantine Gutiérrez S.A., is violent, obscene, abusive, unlawful, racist, xenophobic or defamatory.
  3. Cracks, program serial numbers or any other content that violates the intellectual property rights of third parties.
  4. The collection and/or use of personal data of other users without their express consent or in contravention of the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 with regard to the processing of personal data and on the free movement of such data.
  5. The use of the domain’s email server and email addresses for sending spam.

The user has full responsibility for the content of their website, the information transmitted and stored, hypertext links, third-party claims and legal actions in relation to intellectual property, third-party rights and the protection of minors.

The user is responsible for the laws and regulations in force and the rules that relate to the operation of the online service, e-commerce, copyright, and the maintenance of public order, as well as universal principles of Internet use.

The user will indemnify Constantine Gutiérrez S.A. for the expenses incurred by the imputation of Constantino Gutiérrez S.A. in any lawsuits whose responsibility is attributable to the user, including legal defence fees and expenses, even in the case of a non-final court decision.

Protection of hosted information

Gutiérrez Constantino S.A. makes backup copies of the content hosted on its servers; however, it does not take responsibility for the loss or accidental deletion of data by users. Similarly, it does not guarantee the total replacement of the data deleted by users, since the aforementioned data may have been deleted and/or modified during the period of time elapsed since the last backup.

The services offered, except for specific backup services, do not include the replacement of the content retained in the backups made by Constantino Gutiérrez S.A., when this loss is attributable to the user; in this case, a fee will be determined in accordance with the complexity and volume of the recovery, always with the user’s prior acceptance.

The replacement of deleted data is only included in the price of the service when the loss of content is due to causes attributable to Constantino Gutiérrez S.A.

Commercial communications

In application of the LSSI. Gutiérrez Constantino S.A. will not send advertising or promotional communications by email or other equivalent electronic means of communication that have previously not been requested or expressly authorised by the recipients thereof.

In the case of users with whom there is a prior contractual relationship, Constantino Gutiérrez S.A. is authorised to send commercial communications regarding Constantino Gutiérrez S.A. products or services that are similar to those initially contracted with the customer.

In any case, the user, after proving their identity, may request that no further commercial information be sent to them through Customer Service channels.