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Legal

Privacy Policy

This is an English translation provided for convenience. In case of any discrepancy, the Spanish version prevails.

I. PRIVACY AND DATA PROTECTION POLICY

In compliance with the legislation in force, MTO Opciones (hereinafter also the Website) undertakes to adopt 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 has been adapted to the Spanish and European regulations in force 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 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 (RGPD (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, approving the Regulation implementing Organic Law 15/1999 of December 13, 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 responsible for the personal data collected on MTO Opciones is: MTO Opciones SL, with tax ID (NIF): B22897219 (hereinafter, the Data Controller). Its contact details are as follows:

Address: C/ San Lorenzo,14
07840 Santa Eulària des Riu – Eivissa

Contact email: info@mtoopciones.com

Register of Personal Data

In compliance with the provisions of the RGPD (GDPR) and the LOPD-GDD, we inform you that the personal data collected by MTO Opciones through the forms on its pages will be incorporated into and processed in our file in order to facilitate, expedite and fulfill the commitments established between MTO Opciones and the User, or to maintain the relationship established in the forms the User completes, or to handle a request or inquiry from the User. Likewise, in accordance with the RGPD (GDPR) and the LOPD-GDD, unless the exception provided for in Article 30.5 of the RGPD (GDPR) applies, a record of processing activities is maintained which specifies, according to their purposes, the processing activities carried out and the other circumstances established in the RGPD (GDPR).

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 RGPD (GDPR) and in Article 4 et seq. 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 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: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
  • Principle of accuracy: personal data must be accurate and always kept up to date.
  • Principle of storage limitation: personal data will be kept in a form that permits identification of the User only 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 accountability: the Data Controller will be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed at MTO Opciones are solely identification data. Under no circumstances are special categories of personal data within the meaning of Article 9 of the RGPD (GDPR) processed.

The categories of data processed at MTO Opciones include both identification data and special categories of personal data within the meaning of Article 9 of the RGPD (GDPR).

Special categories of personal data are understood to be those revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person's sex life or sexual orientation.

For the processing of special categories of personal data, the User's explicit consent for one or more specific purposes will in all cases be required.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. MTO Opciones undertakes to obtain the User's express 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 affect the use of the Website.

On occasions when 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, the User will be informed if completing any of them is mandatory because they are essential for the proper performance of the transaction.

Purposes of the processing for which the personal data are intended

Personal data are collected and managed by MTO Opciones in order to facilitate, expedite and fulfill the commitments established between the Website and the User, or to maintain the relationship established in the forms the User completes, or to handle a request or inquiry.

Likewise, the data may be used for commercial purposes of personalization, operations and statistics, and for activities inherent to the corporate purpose of MTO Opciones, as well as for data extraction, data storage and marketing studies to tailor the Content offered to the User, and to improve the quality, functioning and navigation of the Website.

At the time the personal data are obtained, the User will be informed of the specific purpose or purposes of the processing for which the personal data are intended; that is, of the use or uses that will be made of the information collected.

Personal data retention periods

Personal data will be retained only 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 the personal data are obtained, the User will be informed of the period for which the personal data will be stored or, where that is not possible, the criteria used to determine that period.

Recipients of personal data

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

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

The User's personal data will be shared with the following recipients or categories of recipients:

Should the Data Controller intend to transfer personal data to a third country or international organization, at the time the personal data are obtained, the User will be informed of the third country or international organization to which the data are intended to be transferred, as well as of the existence or absence of an adequacy decision by the Commission.

Personal data of minors

In compliance with Articles 8 of the RGPD (GDPR) and 7 of Organic Law 3/2018 of December 5, on the Protection of Personal Data and the guarantee of digital rights, only persons over 14 years of age may lawfully give their consent to the processing of their personal data by MTO Opciones. In the case of a minor under 14, the consent of parents or guardians will be required for the processing, and it will be considered lawful only to the extent that they have authorized it.

Secrecy and security of personal data

MTO Opciones undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to guarantee the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized disclosure of or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data are transmitted securely and confidentially, since the transmission of data between the server and the User, and vice versa, is fully encrypted.

However, because MTO Opciones cannot guarantee that the internet is impenetrable 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. In accordance with Article 4 of the RGPD (GDPR), a personal data breach is understood as any breach of security leading to the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized disclosure of or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform of, and to guarantee by means of a legal or contractual obligation, that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.

Rights arising from the processing of personal data

The User has rights with respect to MTO Opciones and may therefore exercise against the Data Controller the following rights recognized in the RGPD (GDPR) and Organic Law 3/2018 of December 5, on the Protection of Personal Data and the guarantee of digital rights:

  • Right of access: This is the User's right to obtain confirmation as to whether or not MTO Opciones is processing their personal data and, if so, to obtain information about their specific personal data and the processing that MTO Opciones has carried out or is carrying out, as well as, among other things, the available information on the origin of such data and the recipients of the disclosures made or planned.
  • Right to rectification: This is the User's right to have their personal data modified where it is inaccurate or, taking into account the purposes of the processing, incomplete.
  • Right to erasure ("the right to be forgotten"): This is the User's right, provided that the legislation in force does not establish otherwise, to obtain the erasure 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 ground for continuing it; the personal data have been unlawfully processed; the personal data must be erased to comply with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a child under 14. In addition to erasing the data, the Data Controller, taking into account the available technology and the cost of implementation, must take reasonable steps to inform the controllers that are processing the personal data of the data subject's request for erasure of any links to those personal data.
  • Right to restriction of processing: This is the User's right to restrict the processing of their personal data. The User has the right to obtain restriction 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 them to make claims; and when the User has objected to the processing.
  • Right to data portability: Where the processing is carried out by automated means, the User will have the right to receive their personal data from the Data Controller in a structured, commonly used and machine-readable format, and to transmit them to another data controller. Where technically feasible, the Data Controller will transmit the data directly to that other controller.
  • Right to object: This is the User's right not to have their personal data processed or to have MTO Opciones cease processing them.
  • 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 individual decision based solely on the automated processing of their personal data, including profiling, unless the legislation in force provides otherwise.

Accordingly, the User may exercise their rights by written communication addressed to the Data Controller with the reference "RGPD-mtoopciones.com", specifying:

  • The User's first name and surname and a copy of their national ID (DNI). Where representation is permitted, the person representing the User must also be identified by the same means, together with the document proving the representation. The photocopy of the national ID may be replaced by any other means valid in law that proves identity.
  • A request stating the specific reasons for the request or the information to be accessed.
  • Address for the purpose of notifications.
  • Date and signature of the applicant.
  • Any document supporting the request being made.

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

Postal address: San Lorenzo, 14

Email: mtoopciones@gmail.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party web pages other than MTO Opciones, and which are therefore not operated by MTO Opciones. The owners of those websites have their own data protection policies and are themselves, in each case, responsible for their own files and their own privacy practices.

Complaints to the supervisory authority

If the User considers that there is a problem with or an infringement of the regulations in force in the way their personal data are being processed, they will have the right to an effective judicial remedy and to lodge a complaint with a supervisory authority, in particular in the State of 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 (Agencia Española de Protección de Datos) (https://www.aepd.es/).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

The User must have read and agree to the conditions on the protection of personal data contained in this Privacy Policy, and must accept the processing of their personal data so that the Data Controller may proceed with it in the manner, for the periods and for the purposes indicated. Use of the Website will imply acceptance of its Privacy Policy.

MTO Opciones reserves the right to modify its Privacy Policy, at its own discretion, or as a result of a legislative or case-law change or a change in the doctrine of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. Users are advised to check this page periodically to stay informed of the latest changes or updates.

This Privacy Policy was updated to comply with 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 (RGPD (GDPR)) and with Organic Law 3/2018 of December 5, on the Protection of Personal Data and the guarantee of digital rights.

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