Privacy Policies
I. PRIVACY POLICY AND DATA PROTECTION
In compliance with current legislation, Vibesense (hereinafter also referred to as the Website) is committed to adopting the necessary technical and organizational measures, according to the level of security appropriate to the risk of the collected data.
Laws incorporated into 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 April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR).
Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights (LOPD-GDD).
Royal Decree 1720/2007, of December 21, which approves the Regulation for the development of Organic Law 15/1999 on the Protection of Personal Data (RDLOPD).
Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE).
Identity of the data controller
The data controller for the personal data collected in Vibesense is:
Trade name: Vibesense
Legal entity: Vibesence S.L. B22439939
Legal address: Cl. Colom Nº 8, 2a Puerta 3a, 07, 001 - Palma de Mallorca. Illes Balears,
Contact email: contact@vibesense.app
Website: https://vibesense.app/
Personal Data Registration
In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Vibesense, through the forms provided on its pages, will be incorporated and processed in our file in order to facilitate, expedite, and fulfill the commitments established between Vibesense and the User or to maintain the relationship established in the forms filled out by the User, or to address a request or inquiry from the User. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is maintained that specifies, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.
Applicable principles for the processing of personal data
The processing of the User's personal data will be subject to the following principles set forth in Article 5 of the GDPR and in Article 4 and subsequent articles of Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights:
Principle of lawfulness, fairness, and transparency: the User's consent will be required at all times, following completely transparent information regarding the purposes for which personal data is collected.
Principle of purpose limitation: personal data will be collected for specified, explicit, and legitimate purposes.
Principle of data minimization: the personal data collected will only be those strictly necessary in relation to the purposes for which they are processed.
Principle of accuracy: personal data must be accurate and kept up to date at all times.
Principle of storage limitation: personal data will only be retained in a manner that allows the identification of the User for the time 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 that the above principles are complied with.
Categories of personal data
The categories of data processed in Vibesense are solely identifying data. In no case are special categories of personal data 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. Vibesense 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 has the right to withdraw their consent at any time. Withdrawing consent will be as easy as giving it. As a general rule, the withdrawal of consent will not affect the use of the Website.
In cases where the User must or may 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 because they are essential for the proper development of the operation performed.
Purposes of processing personal data
Personal data is collected and managed by Vibesense to facilitate, expedite, and fulfill the commitments established between the Website and the User or to maintain the relationship established in the forms filled out by the User or to address a request or inquiry.
Additionally, the data may be used for commercial purposes of personalization, operational and statistical purposes, and activities related to the corporate purpose of Vibesense, as well as for data extraction, storage, and marketing studies to tailor the content offered to the User, as well as to improve the quality, functionality, and navigation of the Website.
At the time personal data is obtained, the User will be informed about the specific purpose or purposes for which the personal data will be processed; that is, the use or uses that will be made of the collected information.
Retention periods for personal data
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: , or until the User requests their deletion.
At the time personal data is obtained, the User will be informed about the period during which the personal data will be retained or, when that is not possible, the criteria used to determine this period.
Recipients of personal data
The personal data of the User will be shared with the following recipients or categories of recipients:
Trade name: Vibesense
Legal entity: Vibesence S.L. B22439939
Legal address: Cl. Colom Nº 8, 2a Puerta 3a, 07, 001 - Palma de Mallorca. Illes Balears,
Contact email: contact@vibesense.app
Website: https://vibesense.app/
In the event that the Data Controller intends to transfer personal data to a third country or international organization, at the time personal data is obtained, the User will be informed about the third country or international organization to which the data is intended to be transferred, as well as the existence or absence of an adequacy decision by the Commission.
Personal data of minors
In compliance with the provisions of Articles 8 of the GDPR and 7 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights, only those over 14 years old may give their consent for the lawful processing of their personal data by Vibesense. If it concerns a minor under 14 years old, the consent of the parents or guardians will be necessary for the processing, and this will only be considered lawful to the extent that they have authorized it.
Secrecy and security of personal data
Vibesense is committed to adopting the necessary technical and organizational measures, according to the level of security appropriate to the risk of the collected data, to ensure the security of personal data and to prevent the accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or otherwise processed, or unauthorized communication or access to such data.
The Website has an SSL certificate (Secure Socket Layer), 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 fully encrypted.
However, since Vibesense cannot guarantee the invulnerability of the internet or the complete absence of hackers or others who may fraudulently access personal data, the Data Controller commits to inform the User without undue delay when a breach of personal data security occurs that is likely to result in a high risk to the rights and freedoms of natural persons. According to Article 4 of the GDPR, a breach of personal data security is understood to be any breach of security that results in the accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or otherwise processed, or unauthorized communication or access to such data.
Personal data will be treated as confidential by the Data Controller, who commits to inform and ensure through a legal or contractual obligation that this confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.
Rights derived from the processing of personal data
The User has rights over Vibesense and may, therefore, exercise the following rights recognized in the GDPR and Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights against the Data Controller:
Right of access: This is the User's right to obtain confirmation of whether Vibesense is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Vibesense has carried out or carries out, as well as, among other things, information available about the origin of such data and the recipients of communications made or planned.
Right of rectification: This is the User's right to have their personal data modified if they are found to be inaccurate or, taking into account the purposes of the processing, incomplete.
Right of deletion ('the right to be forgotten'): This is the User's right, provided that 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 processing and this does not have another legal basis; the User opposes the processing and there is no other legitimate reason to continue; the personal data has been processed unlawfully; the personal data must be deleted to comply with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a minor under 14 years old. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its application, must adopt reasonable measures to inform those responsible for processing the personal data of the request of the interested party to delete any link to that personal data.
Right to limit processing: This is the User's right to limit the processing of their personal data. The User has the right to obtain the limitation 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 opposed the processing.
Right to data portability: If the processing is carried out by automated means, the User has the right to receive from the Data Controller their personal data in a structured, commonly used, and machine-readable format, and to transmit it to another data controller. Whenever technically feasible, the Data Controller will transmit the data directly to that other controller.
Right of opposition: This is the User's right not to have their personal data processed or to cease the processing of the same by Vibesense.
Right not to be subject to a decision based solely on automated processing, including profiling: This is the User's right not to be subject to an individualized decision based solely on the automated processing of their personal data, including profiling, unless current legislation establishes otherwise.
Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference 'RGPD-Vibesense.com' specifying:
User's name, surname, and a copy of the ID. In cases where representation is accepted, identification by the same means of the person representing the User will also be necessary, as well as the document proving the representation. The photocopy of the ID may be replaced by any other legally valid means that proves identity.
Request with the specific reasons for the request or information to which access is sought.
Address for notification purposes.
Date and signature of the applicant.
Any document that proves the request made.
This request and any other attached document may be sent to the following address and/or email:
Legal address: Cl. Colom Nº 8, 2a Puerta 3a, 07, 001 - Palma de Mallorca. Illes Balears,
Contact email: contact@vibesense.app
Links to third-party websites
The Website may include hyperlinks or links that allow access to third-party websites other than Vibesense, which are therefore not operated by Vibesense. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.
II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY
It is necessary for the User to have read and agreed to the conditions regarding 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 can proceed with it in the manner, during the periods, and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.
Vibesense reserves the right to modify its Privacy Policy at its discretion or motivated by a legislative, jurisprudential, or doctrinal change by the Spanish Agency for Data Protection.