Legal information

I. PRIVACY POLICY AND DATA PROTECTION

Respecting the provisions of current legislation, Somepharm Iberia (hereinafter also 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 in this privacy policy

This privacy policy is adapted to the Spanish and European regulations in force regarding the protection of personal data on the Internet. Specifically, the same respects 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).
• The Organic Law 3/2018, of December 5, 2018, on the Protection of
• Personal Data and guarantee of digital rights (LOPD-GDD).
• Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the
• Protection of Personal Data (RDLOPD).
• Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the person responsible for the processing of personal data

The person responsible for the processing of personal data collected in Somepharm Iberia is: Somepharm Iberia SL, provided with NIF/CIF: B19441930 and registered in: with the following registry data: , whose representative is: (hereinafter, Data Controller). Its contact details are as follows:

• Address: Julio Palacios 29 5ºC, 28029, Madrid
• Contact telephone: 670 88 77 87
• Contact email: info@somepharm-iberia.com

Register of Personal Data

In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Somepharm Iberia, 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 Somepharm Iberia and the User or the maintenance of the relationship established in the forms filled out by the User, or to respond to a request or query from the User. Also, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in Article 30.5 of the RGPD applies, a record of processing activities is kept which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD.

Principles applicable to the processing of personal data

The processing of the User’s personal data shall be subject to the following principles set out in Article 5 of the GDPR and in Article 4 et seq. of the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights:

• • Principle of lawfulness, fairness and transparency: the consent of the User will be required at all times after fully transparent information 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: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
• Accuracy principle: personal data must be accurate and always up to date.
• Principle of limitation of the storage period: personal data shall only be kept in such a way as to allow 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 such a way as to ensure their security and confidentiality.
• Principle of proactive responsibility: the Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by Somepharm Iberia are only identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

The categories of data processed by Somepharm Iberia are both identifying data and special categories of personal data within the meaning of Article 9 of the GDPR.

Special categories of personal data are understood as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data aimed at uniquely identifying a natural person, data concerning health or data concerning the sex life or sexual orientation of a natural person.

For the processing of special categories of personal data, the explicit consent of the User for one or more specific purposes will be required in any case.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Somepharm Iberia undertakes to obtain the express and verifiable consent of the User for the processing of his/her personal data for one or more specific purposes.

The User has the right to withdraw their consent at any time. Withdrawing consent is as easy as giving it. As a general rule, withdrawing consent will not affect use of the Website.

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, they will be informed if completing any of these forms is mandatory because they are essential for the proper development of the transaction.

Purposes of processing personal data

Personal data is collected and managed by Somepharm Iberia to facilitate, expedite, and fulfill the commitments established between the Website and the User or to maintain the relationship established in the forms completed by the User, or to respond to a request or query.

Likewise, the data may be used for commercial purposes of personalization, operational and statistical, and activities related to the social object of Somepharm Iberia, as well as for extraction, data storage and marketing studies to adapt the Content offered to the User, as well as improve the quality, operation and navigation of the Website.

At the time of collection of personal data, the User will be informed about the purpose or specific purposes for which the personal data will be processed; that is, the use or uses to which the information collected will be put.

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: 18 months, or until the User requests its deletion.

At the time the personal data is obtained, the User will be informed about the period for which the personal data will be kept or, if this is not possible, the criteria used to determine this 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 is obtained, the User will be informed about 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:

Google Analytics, Banahosting

In the event that the Controller intends to transfer personal data to a third country or international organisation, at the time when the personal data is obtained, the User shall be informed of the third country or international organisation to which it is intended to transfer the data, as well as of 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 the Organic Law 3/2018, of 5 December, on Protection of Personal Data and guarantee of digital rights, only those who are over 14 years old may consent to the processing of their personal data in a lawful manner by Somepharm Iberia. If it is a child under 14, the consent of 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

Somepharm Iberia undertakes to take the necessary technical and organisational measures, according to the level of security appropriate to the risk of the collected data, in order to guarantee the security of personal data and avoid their destruction, accidental or unlawful loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorised communication or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted in a safe and confidential way, by transmitting the data between the server and the User, and in feedback, fully encrypted or encrypted.

However, because Somepharm Iberia cannot guarantee the inpugnability of the internet or the total absence of hackers or others who access personal data in a fraudulent way, the Data Controller undertakes to notify the User without undue delay when a breach of personal data security occurs that is likely to entail a high risk for 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 that results in the accidental or unlawful destruction, loss or alteration of transmitted personal data, stored or otherwise processed, or unauthorised disclosure or access to such data.

Personal data shall be treated as confidential by the Controller, who undertakes to inform and ensure through a legal or contractual obligation that such confidentiality is respected by his employees, partners, and any person to whom he makes the information accessible.

Rights arising from the processing of personal data

The User has over Somepharm Iberia and may, therefore, exercise against the Data Controller the following rights recognized in the GDPR and the Organic Law 3/2018 of 5 December on Personal Data Protection and Guarantee of Digital Rights:

• Right of access: The User has the right to obtain confirmation as to whether or not Somepharm Iberia is processing their personal data and, if so, to obtain information about their specific personal data and the treatment that Somepharm Iberia has carried out or carries out, as well as, inter alia, the information available on the origin of such data and the recipients of communications made or planned thereof.
• Right of rectification: The User has the right to have their personal data amended if it is inaccurate or, taking into account the purposes for which they are processed, incomplete.
• Right to deletion (“the right to be forgotten”): It is the User’s right, unless applicable law provides otherwise, to have their personal data deleted when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his consent to the processing and this does not have another legal basis; the User opposes 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 deleted in compliance with a legal obligation; or the personal data have been obtained from a direct offer of information society services to a child under 14 years of age. In addition to deleting the data, the Controller, taking into account the available technology and the cost of its application, shall take reasonable steps to inform the controllers processing the personal data of the data subject’s request for deletion of any link to those personal data.
• Right to restriction of processing: It 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 he disputes the accuracy of his personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
• Right to data portability: In the event that processing is carried out by automated means, the User shall have the right to receive his personal data from the Controller in a structured format, commonly used and machine-readable, and to transmit them to another controller. Where technically possible, the Data Controller shall transmit the data directly to that other controller.
• Right of opposition: The User has the right to have their personal data not processed or to have their processing stopped by Somepharm Iberia.
• Right not to be subject to a decision based solely on automated processing, including profiling: It is the User’s right not to be subject to an individual decision based solely on automated processing of their personal data, the development of existing profiles, unless the legislation in force provides otherwise.

Thus, the User may exercise their rights by written communication addressed to the Controller with the reference “RGPD-somepharm-iberia.com”, specifying:

• Name, surname of the User and copy of the DNI. In cases where representation is accepted, it will also be necessary to identify by the same means the person representing the User, as well as the document attesting the representation. The photocopy of the DNI may be replaced by any other legally valid means that attests to the identity.
• Request with specific reasons for the request or information to be accessed.
• Address for notification purposes.
• Date and signature of applicant.
• Any document attesting to the request made.

This application and any other supporting documents may be sent to the following address and/or e-mail:

• Postal address: Julio Palacios 29 5ºC, 28029, Madrid
• E-mail: info@somepharm-iberia.com

Links to third party websites

The Website may include hyperlinks or links that allow access to websites of third parties other than Somepharm Iberia, and which are therefore not operated by Somepharm Iberia. The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and privacy practices.

Complaints to the supervisory authority

In the event that the User considers that there is a problem or violation of the current regulations in the way his personal data are being processed, he will have the right to effective legal remedy and to file a complaint with a supervisory authority, in particular in the State where he has his 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 (https://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 Policy, as well as consent to the processing of your personal data so that the Controller can proceed with it in the form, for the time and for the purposes indicated. Use of the Website will imply acceptance of the Privacy Policy thereof.

Somepharm Iberia reserves the right to modify its Privacy Policy, according to its own discretion, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Agency for Data Protection. Changes or updates to this Privacy Policy will not be notified explicitly to the User. The User is advised to check this page periodically to keep up with the latest changes or updates.

This Privacy Policy has been updated to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, concerning the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights.