Legal warnings

Policy of protection of data

Ref: PPD_240518

In accordance with Regulation (the EU) 2016/679, of the European Parliament and the Council, of 27 of April of 2016 (in future RGPD), Espinaquer Internet, SL (in future Espinaquer) show the present Policy with respect to the treatment and protection of personal data.

Data of the person in charge of the treatment

Espinaquer Internet, SL
Nif: B73303687
Head office: Power station 10, 7 plants, Edicio Goshawk
30100 Enterprise Park of Espinardo, Murcia
E-mail: info@carat-hosting.com
Data of contact of the Delegate of Protection of data: delegadopd@carat-hosting.com

Scope of application

The present Policy will be from application:

  • To those people who visit the webpage of Espinaquer, www.carat-hosting.com (in future, in any reference to this one will also be understood included https://www.carat-hosting.com and https://www.aemilius.es respectively
  • To that voluntarily they communicate with Espinaquer through e-mail, chat or which they compliment anyone of the forms of collection of data published in the webpage of Espinaquer.
  • To that they ask for information on products and services of Espinaquer or that they ask for to participate in some of the commercial law actions of Espinaquer.
  • To those who formalize a contractual relation with Espinaquer by means of the hiring of their products and services.
  • To those who use any other present service in the website that implies the data communication to Espinaquer or the access to data by Espinaquer for the benefit of its services.
  • To any others that, directly or indirectly, have given their express consent so that their data are treated on the part of Espinaquer for anyone about the picked up purposes in the present Policy.

The use of products and services of Espinaquer requires the express acceptance of this Policy.

Espinaquer notices that, except for the existence of a legally constituted representation, no user and/or client can use the identity of another person and communicate his personal data, reason why the data that it facilitates to Espinaquer must be data personal, corresponding to their own identity, adapted, pertinent, present, exact and true. In this sense, the user and/or client will be the only person in charge against any direct or indirect damage that he causes to third parties or Espinaquer by the use of erroneous, nonpresent, inadequate or nonpertinent data of another person or her own data when they are false. Also, the user and/or client who communicates the personal data of a third party will be responsible for to have successfully obtained the interested corresponding authorization for the own one, as well as of his consequences on the contrary.

In the same way, the user and/or client who communicates personal data to Espinaquer declare to be adult, in accordance with the arranged thing in the Spanish legislation, abstaining on the contrary to facilitate data to Espinaquer. Any data facilitated on a junior will require of the consent or previous authorization of its parents, legal tutors or representatives, who will be considered responsible for the data facilitated by the minors to their position.

This Policy will be of subsidiary application with respect to those other conditions that on protection of personal data settle down with special character and are communicated, without limiting character, through the forms of registry, contracts and/or conditions of the particular services, being therefore this complementary Policy of the mentioned ones in that one not anticipated specifically in the same.

Purposes of the collection and personal data processing

Espinaquer, as its person in charge of the treatment, informs to the users into the existence into several treatments and files in which the communicated personal data to Espinaquer take shelter and store.

The purposes of this collection and personal data processing are the following:

  • In relation to the €œcookies€ that Espinaquer uses in navigation through its webpages (https://www.carat-hosting.com and https://www.aemilius.es respectively), they are stored in the terminal team of the user (computer or movable device) and compile information when visiting these webpages, in order to improve the usability of the same, to know the habits or needs navigation of the users to be able to adapt to they, as well as to obtain data with statistical aims. In the case of those users who already are clients of Espinaquer, the information successfully obtained with the cookies will also be used for its identification when acceding to the different tools that Espinaquer makes its available for the management of the services. In any case, the users can form their navigator, so that deshabilite or blocks the reception of all or some of the cookies. The fact of not wishing to receive these cookies, does not constitute an impediment to be able to accede to the information of the websites of Espinaquer although the use of some services could be limited. If once granted the consent for the reception of cookies, would be desired to retire or to modify this one, Espinaquer offers one utility of management of the consent and elimination of the cookies created by www.carat-hosting.com stored in the team of the user. In any case, the user and/or client will be able to eliminate them through the options of the different navigators.

    All the information on the cookies used by Espinaquer, is published in its Policy of Cookies, available for its consultation in https://www.carat-hosting.com/empresa/politica-de-cookies.html.

  • In the case of the shipment of an e-mail to Espinaquer or a personal data communication through any other means, as it can be a form of contact, the purpose of the collection and treatment of these data on the part of Espinaquer is the attention of the consultations and requests of information that consider on products and services of Espinaquer.
  • In the case of the shipment of an e-mail to Espinaquer related to their supplies of use, these data will be treated to participate in the procedures of selection of personnel.
  • In the case of forms of Espinaquer that the interested ones compliment to participate in some of the commercial law actions of Espinaquer, the purpose will be the one to make possible this participation, as well as the shipment of commercial and advertising communications on the services of Espinaquer, unless the interested one specifically indicates its opposition at the same moment of the collection of its data. Despite the previous thing, the interested one will be able to modify its decision at any time, so many times as it wishes it, through means facilitated by Espinaquer for such aim.
  • In the hiring of the services offered by Espinaquer, those personal data will only take shelter that were necessary to establish the contractual relation and to make possible the benefit of the services and remuneration of the same on the part of the clients, being these picked up data and deal with the following purposes:
    • The main purpose will consist of the maintenance of the contractual relation that settles down with the client, in accordance with the nature and characteristics of the contracted services, contacting Espinaquer with the client through the direction of e-mail, telephone or other means indicated at this last one.
    • For the documentation shipment, alert, notifications and information related to the services contracted on the part of Espinaquer, through postal mail, e-mail, telephone, SMS or other means indicated by the client.
    • For the shipment of the news bulletin that the client receives to traverse e-mail, unless this one specifically indicates its opposition at the same moment of the hiring. Independent of if the client had chosen to receive or not our bulletin, she will be able to modify his decision at any time, so many times as she wishes, through specific section available for it in his Clients Area.
    • For the shipment of commercial and advertising communications previous consent of the client and on the part of Espinaquer, through postal mail, e-mail, telephone, SMS or other means indicated by the client. Independent of if the client he had chosen to receive or commercial noninformation of Espinaquer, the client will be able at any time to modify his decision through specific section available for it in his Clients Area and the case of communications through e-mail, through a hyperlink including in the own message.
    • For the historical recordkeeping of the trade relations during the legally established terms.
    • In those cases in that Espinaquer must accede and/or treat personal data with respect to which the client had the condition of person in charge or ordered of the treatment, Espinaquer will treat these data as in charge of the treatment according to the anticipated thing in article 28 of the RGPD and according to the indicated thing in the denominated section €œEspinaquer as in charge of the treatment€, including in this Policy.
    • In accordance with the arranged thing in Law 25/2007, into 18 of October, conservation of data regarding the electronic communications and to the public networks of communications, Espinaquer informs if so to the user who will come himself to retain and to conserve certain generated data of traffic during the development of the communications, as well as, to communicate these data to the competent organs whenever the predicted legal circumstances in this Law concur.
    • For all those other purposes, that of express form specifically appear collections in the Specific that are of application to the product or corresponding service contracted by the client and accepted Conditions by this.

Term of conservation of the personal data

Espinaquer will conserve the personal data during the strictly necessary time for the fulfillment of the previously detailed purposes. Espinaquer will be able to maintain properly blocked these data during the period in which responsibilities could be derived from their relation with the client.

In the case of the data object of conservation on the occasion of a Law 25/2007, of 18 of October, conservation of data regarding the electronic communications and to the public networks of communications, the period of conservation of the same will be the detailed one in this norm.

Adressees of the personal data

The adressees of the personal data picked up by Espinaquer will be the following:

  • The own employees of Espinaquer in the fulfillment of its functions.
  • The suppliers of Espinaquer that take part in the benefit of the services, in case it was necessary for the benefit of the same.
  • The integral companies of the Group of Societies of which Espinaquer comprises, understood this one in the sense of article 42 of the Code of Commerce, whose activity is the commercialization of services of identical or analogous nature offered by Espinaquer, such as services of presence in Internet, managed Hosting, Cloud computing or solutions technological infrastructure outposts.
  • The judicial or administrative organs, as well as the Forces and Bodies of Security of the State, in the case that Espinaquer was required according to the effective legislation to provide information related to its clients and their services.
  • Any others that due to the nature of the service must accede to the facilitated data with, as it is detailed specifically in the Specific which they are of application to the product or corresponding service contracted by the client and accepted Conditions by this.

Rights of the users and exercise of the same

The users will be able at any time to exercise the following rights recognized by the RGPD:

  • Straight of access.
    The users must right to obtain from Espinaquer data about if personal data are treating that concern to him, to accede to the same and to obtain data on the realised treatment.
  • Right to obtain a copy of its personal data.
  • Straight of rectification.
    The users have right to that Espinaquer rectifies its personal data in case they were inexact or incomplete.
  • Straight of suppression.
    The users have right to that he comes himself to the suppression of the data when these no longer are necessary for the purpose for which they were provided or when the rest of legally anticipated circumstances concurs.
  • Straight of limitation of the treatment.
    Users have right to solicit limitation in treatment of his data personal, so that the decontamination operations that must correspond in each case, in those assumptions anticipated in Art. 18 of the RGPD are not applied to the same.
  • Right to the portability.
    The users must right to receive the personal data that are incumbent to him in a structured format, as long as these data are incumbent exclusively on the user and have been facilitated by this one.

The users will be able to exercise shelp rights of the following forms:

  • If they are clients of Espinaquer, the users will be able to verify at every moment their personal data through section €œMy data€ of the tool €œClients Area€, to whom he accedes himself authenticated from www.carat-hosting.com. Also they will be able to send a message through section €œContact€ of this tool, indicating the right that wishes to exert.
  • Whether they are clients of Espinaquer as if they are not it, the users will be able to exert their rights with the shipment of a communication by e-mail to the info@carat-hosting.com direction or by means of the shipment of a request accompanied by his national identity document or valid document in right that credits its identity, sent to Espinaquer Internet, SL, Power station 10, 7 he plants, Edicio Goshawk
    30100 Enterprise Park of Espinardo, Murcia, for the attention of the Department of Commercial Information, specifying the right that wishes to exert.

In the cases of unfounded or manifestly excessive requests by its repetitive character, Espinaquer reserves the right to acquire a canon by the administrative costs that derive or the right to refuse to act with respect to the same, according to established in the Art. the 12,5 RGPD.

Authority of control

The users and/or clients will be able to go to the authority of local air traffic control that corresponds if it considers that the treatment realised with respect to its personal data has not been realised according to the effective legislation.

The authority of protection survey of data in Spain is the Spanish Agency of Protection of Data, whose data of contact are available in their webpage, in particular in https://www.aepd.es/agencia/contacto.html.

International transferences of data

In those products and services of Espinaquer in which the accomplishment of international transferences is required to make possible the benefit of the same, this circumstance will be picked up in the Specific Conditions that are of application to the product or corresponding service contracted by the client and accepted specifically by this one of previous form to the same.

Espinaquer as in charge of the treatment

According to the article 28 concordant RGPD and, Espinaquer will treat the personal data with respect to which the client showed the condition of person in charge or ordered of the treatment, when it is necessary for the suitable benefit of the contracted services. In this case, Espinaquer will act as in charge of the treatment, according to the terms that next are indicated:

  • Espinaquer will only deal with the data according to the instructions the client responsible or ordered of the treatment, not using them for an aim different from which appear in the present Policy of protection of data and/or in the contractual conditions that are of application.
  • Fulfilled the benefit of the services that motivate the treatment of the personal data, these will be destroyed, like any support or documents in which some personal character data consists or any type of information that has been generated during, for and/or by the benefit of the services object of the corresponding Conditions. Despite the previous thing, Espinaquer will be able to maintain properly blocked the mentioned data during the period in which responsibilities can be derived from their relation with the client.
  • In case Espinaquer destines the data to another purpose or it communicates them or it uses failing to fulfill the present Policy of protection of data and/or the corresponding Conditions of the service, it will also be considered responsible for the treatment.
  • Espinaquer is commited, in accordance with article 28 of the RGPD, to keep the due professional secret with respect to the personal data to which it must accede and/or try with the purpose of to fulfill in each case with the intention of the Conditions of the service that are to him of application, as much during as after the completion of the same, committing itself to only use this information for the purpose anticipated in each case and to demand the same level of commitment to any person who within her organization participates in any phase of the treatment of the personal data responsibility of the client.
  • In agreement with the established thing in the RGPD they will be of application the following rules in relation to the form and modalities of access to the data for the benefit of the services:
    1. In case Espinaquer must accede to the situated resources of treatment in the facilities of the client, this one will be responsible to establish and to implement the policy and safety measures, as well as to communicate the same to Espinaquer, that is committed to respect them and to demand its fulfillment to the people of its organization which they participate in the benefit of the services.
    2. When Espinaquer accedes via remote to the resources of data processing responsibility of the client, this one will have to establish and to implement the policy and safety measures in its remote systems of treatment, being responsible Espinaquer to establish and to implement the policy and safety measures in its own local systems.
    3. When the service was rendered by Espinaquer in its own premises, Espinaquer will pick up in its Registry of activities the circumstances regarding the data processing in the terms demanded by the RGPD, including the safety measures corresponding to this treatment.
  • The access and/or treatment to the data by Espinaquer, notwithstanding the effective specific legal or prescribed dispositions that could be from application in each case or those that by own initiative adopts Espinaquer, will be put under the necessary safety measures stops:
    • To guarantee the confidentiality, integrity, permanent availability and resilience of the systems and services of treatment.
    • To recover the availability and the access to the personal data of fast form, in case of physical or technical incident.
    • To verify, to evaluate and to value, regularly, the effectiveness of the technical and organizational measures implanted to guarantee the security of the treatment.
    • Seudonimizar and to base the personal data, if so.
  • The client authorizes to Espinaquer, in his quality of in charge of the treatment, to subcontract with third parties, in name and on behalf of the client, the services of storage, guard of backup copies of data and security, and those that were necessary to make possible the benefit of the contracted services, respecting in any case the obligations imposed by the RGPD and its norm of development. At any time, the client will be able to go to Espinaquer to know the identity the organizations subcontracted for the benefit of the indicated services, which will act in accordance with the terms anticipated in this document and previous formalization with Espinaquer of a contract of data processing according to Art. 28,4 of the RGPD.
  • The client authorizes to Espinaquer to conduct the battles that are indicated next, whenever they are necessary for the execution of the benefit of the services. This authorization is limited la/s actuaci³n/es necesaria/s for the benefit of each service and with a tie maximum duration to the use of the applicable contractual Conditions:
    • To only carry out the treatment of the personal data in portable devices by the users or profiles of assigned users to the benefit of the services.
    • To carry out the treatment outside the premises of the client or Espinaquer, only by the users or profiles of users assigned to the benefit of the services.
    • The entrance and exit of the supports and documents that contain personal data, including included and/or the supplements to an e-mail, outside the premises under the control of the client responsible for the treatment.
    • The execution of the procedures of data retrieval that Espinaquer is seen in the obligation realise.
  • Espinaquer does not become person in charge of the breach of the obligations derived from the RGPD or the corresponding norm in the matter of protection of data on the part of the user and/or client in which to his activity it corresponds to him and that is related to the execution of the contract or trade relations that unite to him to Espinaquer. Each part will have to do against the responsibility that is derived from its own breach of the contractual obligations and the own norm.