Privacy Policy – PENCILMARKER

Privacy Policy and Data Protection

Respecting the provisions established by current legislation, www.pencilmarker.com (hereinafter, also referred to as the «Website») commits to adopting the necessary technical and organizational measures according to the level of security appropriate to the risk of the data collected.

Laws Incorporated into 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 (GDPR).
Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
Law 34/2002, of 11 July, on Services of the Information Society and Electronic Commerce (LSSI-CE).

Identity of the Data Controller

The data controller for the personal data collected on www.pencilmarker.com is:

Identity of the Controller: Styng David Arias Ríos
Trade Name: Pencilmarker.com
NIF/CIF: 12607945Q
Address: C/Bentaguaire 6, 1ºD, Cruce de Arinaga, 35118, Aguimes, Las Palmas de Gran Canaria
Email: info@pencilmarker.com
Activity: Blog

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 Articles 4 and subsequent of Organic Law 3/2018:

Principle of lawfulness, fairness, and transparency: User consent will be required at all times after being informed fully and transparently of 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: Personal data collected will be limited to what is necessary concerning 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 only be kept in a form that permits the identification of the User for as long as necessary for the purposes of its processing.
Principle of integrity and confidentiality: Personal data will be processed in a manner that ensures appropriate security and confidentiality.
Principle of proactive responsibility: The data controller will be responsible for ensuring that the above principles are met.

Categories of Personal Data

The categories of data processed on www.pencilmarker.com are solely identifying data. In no case, special categories of personal data within the meaning of Article 9 of the GDPR are processed.

Legal Basis for Processing Personal Data

The legal basis for the processing of personal data is consent. www.pencilmarker.com commits to obtaining the User’s explicit and verifiable consent 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 condition 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 carried out.

What Type of Data Does www.pencilmarker.com Collect from Its Clients and Website Users?

www.pencilmarker.com collects the following personal data:

Contact form:

Purpose: To provide a means for you to contact us and respond to your information requests.
Legitimacy: The user’s consent by requesting information through our contact form and by checking the acceptance box.
Conservation: Until your request is resolved via our form or answered by email unless it has generated a new treatment.

Online Store:

Purpose: To process product orders made through our website.
Legitimacy: The user’s consent by providing their data in the purchase form.
Conservation: The data will be retained for as long as necessary due to legal prescription.

Sending resumes via email:

Purpose: To have your resume to participate in our staff selection processes.
Legitimacy: The user’s consent by sending us their personal information and resume for our staff selection processes.
Conservation: During the development of open selection processes and up to a maximum of 2 years for future processes.

Obligation to Provide Us with Your Personal Data and Consequences of Not Doing So

The requested personal data is necessary to manage your requests and/or provide the services you may contract, so if you do not provide them, we will not be able to assist you properly or provide the service you have requested.

Recipients of Personal Data

The User’s personal data will not be shared with any other entity. Also, if 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 it is intended to transfer the data, as well as the existence or absence of an adequacy decision by the Commission.

Personal Data of Minors

Respecting the provisions of Articles 8 of the GDPR and 7 of Organic Law 3/2018, only persons over 14 years of age can lawfully consent to the processing of their personal data by www.pencilmarker.com. If it is a minor under 14 years of age, the consent of the parents or guardians will be required for the treatment, and this will only be considered lawful to the extent that they have authorized it.

Confidentiality and Security of Personal Data

www.pencilmarker.com commits to adopting the necessary technical and organizational measures, according to the appropriate level of security to the risk of the data collected, to ensure the security of personal data and to prevent accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

However, because www.pencilmarker.com cannot guarantee the impregnability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller commits to notifying 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. In accordance with Article 4 of the GDPR, a breach of personal data security means any breach of security leading to 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 informing and ensuring by means of a legal or contractual obligation that such confidentiality is respected by their employees, associates, and any person to whom they make the information accessible.

Rights Arising from the Processing of Personal Data

The User has rights over www.pencilmarker.com and may therefore exercise the following rights against the data controller recognized in the GDPR and in Organic Law 3/2018:

Right of access: This is the right of the User to obtain confirmation of whether www.pencilmarker.com is processing their personal data or not and, if so, obtain information about their specific personal data and the processing that www.pencilmarker.com has carried out or carries out, as well as, among other things, the available information on the origin of such data and the recipients of the communications made or planned for them.
Right of rectification: This is the right of the User to have their personal data modified if it proves to be inaccurate or, considering the purposes of the processing, incomplete.
Right of erasure («the right to be forgotten»): This is the right of the User, unless otherwise provided by current legislation, 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 their consent to the processing and there is no other legal basis; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data has been processed unlawfully; the personal data must be erased to comply with a legal obligation; or the personal data has been obtained as a result of an offer of information society services directly to a minor under 14 years of age. In addition to deleting the data, the data controller, taking into account the available technology and the cost of its application, must take reasonable steps to inform the controllers who are processing the personal data of the data subject’s request for deletion of any link to those personal data.
Right to restriction of processing: This is the right of the User to restrict the processing of their personal data. The User has the right to obtain the restriction of the 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 for the establishment, exercise or defense of legal claims; and when the User has objected to the processing.
Right to data portability: In cases where 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 them to another data controller. Where technically feasible, the data controller will directly transmit the data to that other data controller.
Right to object: This is the right of the User to object to the processing of their personal data or to cease the processing of their personal data by www.pencilmarker.com.
Right not to be subject to a decision based solely on automated processing, including profiling: This is the right of the User not to be subject to an individualized decision based solely on automated processing of their personal data, including profiling, unless otherwise provided by current law.

Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference «GDPR-pencilmarker.com,» specifying:

Full name of the User and a copy of the DNI. In the cases in which representation is admitted, the identification by the same means of the person representing the User, as well as the document accrediting the representation, will also be necessary. The photocopy of the DNI may be replaced by any other valid means in law that certifies the identity.
Petition specifying the specific reasons for the request or the information you wish to access.
Address for notification purposes.
Date and signature of the applicant.
Any document proving the request you are making.

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

Address: C/Bentaguaire 6, 1ºD, Cruce de Arinaga, 35118, Aguimes, Las Palmas de Gran Canaria
Email: info@pencilmarker.com

Links to Third-Party Websites

The Website may include hyperlinks or links that allow access to web pages of third parties other than www.pencilmarker.com, and therefore are not operated by www.pencilmarker.com. 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.

Complaints Before the Supervisory Authority

In case the User considers that there is a problem or infringement of the current regulations in the way their personal data is being processed, they will have the right to effective judicial protection and to lodge a complaint with a supervisory authority, particularly in the State where 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 (http://www.aepd.es).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy and Cookie Policy, as well as accepts the processing of their personal data so that the Data Controller can proceed with the same in the form, during the periods, and for the purposes indicated. The use of the Website will imply the acceptance of the Privacy and Cookie Policy of the same.

www.pencilmarker.com reserves the right to modify its Privacy and Cookie 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 and Cookie 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.

This Privacy and Cookie Policy was updated on January 10, 2020, to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and to Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD).