PRIVACY POLICY

AND DATA PROTECTION

Respecting the provisions of current legislation, SWIM AGAINST® undertakes to adopt the
necessary technical and organizational measures, according to the level of security appropriate to the risk of
Data collected.

Laws that incorporate this privacy policy

This privacy policy is adapted to the current Spanish and European regulations regarding protection of personal data on the internet. Specifically, it respects the following standards:

• 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 data processing personal and free circulation of these data (RGPD).
• Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
• Royal Decree 1720/2007, of December 21, which approves the Regulation of development of Organic Law 15/1999, of December 13, on the Protection of Character Data Personal (RDLOPD).
• Law 34/2002, of July 11, on Services of the Information Society and Commerce Electronic (LSSI-CE).

Identity of the person responsible for the treatment of personal data

The person responsible for the treatment of personal data collected at SWIM AGAINST® is: Amelia Serrano Bombilà, with NIF: 53034656Z (hereinafter, also Responsible for treatment). Their data
Contact are as follows:

Address:
C/ Almogàvers 138
08018 Barcelona

Telephone : 623036127

Email address: hi@swimagainst.com

Registration of Personal Data

In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by SWIM AGAINST® through the forms extended on its pages will be incorporated and will be treated in our files in order to facilitate, expedite and fulfill the commitments established between SWIM AGAINST® and the User or the maintenance of the relationship established in the forms that it fills in, or to attend a request or consult it. Also, in accordance with the provisions of the RGPD and the LOPD-GDD, except that be of application of the exception provided for in article 30.5 of the RGPD, a record of activities is maintained treatment that specifies, according to its purposes, the treatment activities carried out and the other circumstances established in the RGPD.

Principles applicable to the processing of personal data

The treatment of the User’s personal data will be subject to the following principles collected in article 5 of the RGPD:
• Principle of legality, loyalty and transparency: the User consent after completely transparent information on the purposes for which personal data is collected.
• Principle of limitation of purpose: personal data will be collected for determined, explicit and legitimate reasons.
• 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 exact and always updated.
• Principle of limitation of the conservation period: personal data will only be maintained in such a way that User identification is allowed during the time necessary for the purposes of its treatment.
• Principle of integrity and confidentiality: personal data will be treated in a manner that their security and confidentiality are guaranteed.
• Principle of proactive responsibility: the Data Controller will be responsible for ensure that the above principles are followed.

Categories of personal data

The categories of data that are treated in SWIM AGAINST® are only identifying data. In In no case, special categories of personal data are treated within the meaning of article 9 of the RGPD.

Legal basis for the treatment of personal data

The legal basis for the treatment of personal data is consent. SWIM AGAINST® undertakes to obtain the express and verifiable consent of the User for the treatment of your personal data for one or more specific purposes.
The User will have the right to withdraw their consent at any time. It will be so easy to remove the consent how to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.
On the occasions when the User must or can provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, you will be informed in case the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.

Purposes of the treatment to which the personal data is destined

Personal data is collected and managed by SWIM AGAINST® in order to be able to facilitate, speed up and fulfill the commitments established between the Website and the User or the maintaining the relationship established in the forms that the latter fills out or in order to respond to a request or an inquiry.

Likewise, the data may be used for a commercial purpose of personalization, operational and statistics, and activities pertaining to the corporate purpose of SWIM AGAINST®, as well as for extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as improving the quality, operation and navigation of the Website.

At the time the personal data is obtained, the User will be informed about the purpose or specific purposes of the treatment to which the personal data will be used; that is, the use or uses to be given to the information collected.

Retention periods of personal data

Personal data will only be retained for the minimum time necessary for the purposes of your treatment and, in any case, only during the following period: 10 years, or until the User request its deletion.
At the time the personal data is obtained, the User will be informed about the term during which personal data will be kept or, when this is not possible, the criteria used to determine this deadline.

Recipients of personal data

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

– 1&1 IONOS España S.L.U. C/ Avenida de La Vega, 1 – Edificio Veganova, (Edif. 3 Planta 5)
Alcobendas 28108 Madrid

In the event that the Data Controller intends to transfer personal data to a third country or international organization, at the time the personal data is obtained, will inform the User about the third country or international organization to which it is intended to transfer the data, as well as the existence or absence of a decision to adapt the Commission.

Personal data of minors

Respecting the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only those older than 14 years may grant their consent to the processing of their personal data lawfully by SWIM AGAINST®. If it is a child under 14 years of age, the consent of the parents or guardians for the treatment, and this will only be considered lawful to the extent that they have authorized it.

Secret and security of personal data

SWIM AGAINST® undertakes to adopt the necessary technical and organizational measures, as the level of security appropriate to the risk of the data collected, so as to guarantee the security of personal data and avoid accidental destruction, loss or alteration or unlawful personal data transmitted, preserved or otherwise processed, or communication or unauthorized access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that the personal data are transmitted in a secure and confidential way, as the transmission of data between the server and the User, and in feedback, fully encrypted or encrypted.

However, because SWIM AGAINST® cannot guarantee the impregnability of the internet or the total absence of hackers or others who fraudulently access personal data, the Responsible for the treatment undertakes to communicate to the User without undue delay when a breach of the security of personal data occurs that is likely to involve a high
risk to the rights and freedoms of natural persons. Following the provisions of article 4 of the RGPD, a violation of the security of personal data is understood to be any violation of the security caused by the accidental or unlawful destruction, loss or alteration of personal data transmitted, preserved or otherwise processed, or unauthorized communication or access to said data.

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

Rights derived from the processing of personal data

The User has SWIM AGAINST® and may, therefore, exercise in front of the Person Responsible for the treatment the following rights recognized in the GDPR:

• Right of access: It is the right of the User to obtain confirmation of whether SWIM AGAINST® is or is not treating your personal data and, if so, obtain information about your specific personal data and the treatment that SWIM AGAINST® has carried out or make, as well as, among other things, the information available on the origin of said data and the recipients of the communications made or planned for them.

• Right of rectification: It is the right of the User to have their data modified personal that turn out to be inaccurate or, taking into account the purposes of the treatment, incomplete.

• Right of deletion (“the right to be forgotten”): It is the right of the User, provided that the current legislation does not establish otherwise, to obtain the deletion of your personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent to the treatment and this does not have any other legal basis; the User opposes the treatment and there is no other legitimate reason to continue with it; the personal data has been illicitly processed; personal data must be deleted in fulfillment of a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a child under 14 years of age. further to delete the data, the Data Controller, taking into account the technology available and the cost of its application, you must take reasonable measures to inform managers who are treating the personal data of the request of the interested party of deletion of any link to that personal data.

• Right to limitation of treatment: It is the right of the User to limit the treatment of your personal information. The User has the right to obtain the limitation of the treatment when contest the accuracy of your personal data; the treatment is unlawful; the person in charge of treatment no longer needs personal data, but the User needs it to make claims; and when the User has opposed the treatment.

• Right to data portability: In case the treatment is carried out by means Automated, the User will have the right to receive their data from the Data Controller in a structured, commonly used and machine readable format, and to transmit them to another controller. Whenever technically possible, the Head of Treatment will directly transmit the data to that other controller.

• Opposition right: It is the User’s right not to carry out the treatment of their personal data or cessation of their processing by SWIM AGAINST®.

• Right not to be not to be the subject of a decision based solely on treatment automated, including profiling: It is the User’s right not to be the object of an individualized decision based solely on the automated processing of your data personal, including the elaboration of profiles, existing unless the current legislation state otherwise. Thus, the User may exercise their rights by written communication addressed to the Responsible for the treatment with the reference “RGPD-www.swimagainst.com”, specifying:

• Name, surname of the User and copy of the DNI. In cases where the representation, it will also be necessary to identify by the same means the person who represents the User, as well as the document accrediting the representation. The photocopy of the DNI may be replaced, by any other valid means in law that proves the
identity.
• Request with the specific reasons for the request or information to be accessed.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document that accredits the request you make.

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

Address:
C/ Almogàvers 138
08018 Barcelona
Email address: hi@swimagainst.com

Links to third party websites

The Website may include hyperlinks or links that allow access to third party web pages other than SWIM AGAINST®, and therefore are not operated by SWIM AGAINST®. The Holders of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own practices of Privacy.

Claims before the supervisory authority

In the event that the User considers that there is a problem or violation of current regulations in the way in which your personal data is being processed, you will have the right to effective judicial protection and to file a claim with a supervisory authority, in particular in the State in which have your habitual residence, place of work or place of the alleged infringement. In the case of Spain, the control authority is the Spanish Agency for Data Protection (http://www.agpd.es).

Acceptance and changes in 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 Policy, as well as accepting the processing of your personal data so that the Data Controller can proceed to same in the form, during the terms and for the indicated purposes. The use of the Website will imply the acceptance of the Privacy Policy of the same.

SWIM AGAINST® reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Agency Spanish Data Protection. Changes or updates to this Privacy Policy will be explicitly notified to the User.

This Privacy Policy was updated on March 19, 2020 to adapt to the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on protection of natural persons with regard to the processing of personal data and free movement of these data (RGPD) and the Organic Law 3/2018, of December 5, on Data Protection
Personal and digital rights guarantee (LOPD).

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