1. RESPONSE PROCEDURES TO THE EXERCISE OF RIGHTS
The affected or interested party can exercise their rights by any means: personally (in situ), letter, fax, telephone or e-mail, but the request receipt must always be accredited. The recommendation is to attend with the highest priority and efficiency the requests made by the interested parties, transmitting seriousness and professionalism.
Is considered affected or interested the physical person that Encuesta Fácil, S.L. (hereinafter EnqueteFacile.com) has performed a treatment of personal data in a file owned by the Responsible.
RESPONSIBILITIES TO THE EXERCISE OF A RIGHT
In the case that EnqueteFacile.com receives a communication, by whatever means, in which the exercise of rights of access, rectification, deletion, opposition is requested and is no longer subject to automated individualized decisions (including the preparation of profiles), limitation of data processing and portability, the employee receiving it will immediately inform the RESPONSIBLE of EnqueteFacile.com or the Data Protection Delegate to proceed with the response depending on the right requested by the interested party.
ESSENTIAL PRINCIPLES TO THE EXERCISE OF A RIGHTS
The RGPD requires that the Responsible for the treatment must take appropriate measures to provide the interested party with all the information related to the processing of their personal data, in a concise, transparent, intelligible and easily accessible manner. Likewise, a clear and simple language must be used, and in particular any information addressed to a minor.
This information will be provided in writing or other similar computer media, including (if applicable) electronic media. Additionally, it is necessary to mention that the RGPD allows that, at the request of the interested party, the information may be provided orally always that it demonstrates the identity of the interested party by other means.
2. PROCEDURE RESPONSE TO THE EXERCISE OF A RIGHT
The affected can request at any time and completely free access, rectify, delete, oppose (as well as not being the subject of automated individualized decisions), limit the processing and request the portability of the data that on his person are held by of EnqueteFacile.com.
3. COMMON PHASES OF THE PROCEDURE
- 1. Any employee must attend the request of the affected at the moment the request is been communicate by any means in which they exercise it.
- 2. In knowledge of the exercise of such right, the employee must notifies the person previously assigned to answer such request.
- 3. If the personal data rectifications is been carried out by telephone, the receiver of the exercise of this right has to conduct checks on the data contained in their applications to verify the caller's identity. The employee has to communicate the interested party that their information has been rectified, and has to ask if he wish a writing confirmation of his right.
- 4. All exercise of rights by an affected should be brought to the attention of the controller, and if necessary to the Data Protection Delegate (DPD) and to all those companies which data has been transferred or companies who has accessed to them.
4. GENERAL ISSUES OF THE PROCEDURE
- 1. The Treatment Manager will take the appropriate measures indicated to inform the interested party in a concise, transparent, intelligible and easily accessible manner with a clear and simple language.
- 2. Must be answered obligatory to the interested party for any request for rights.
- 3. The period stipulated in article 12.3 of the RGPD is one month from reception of the request. There may be an extension period of another two months for complex request, as well as the number of requests. In case of such delay, the reasons must be indicated.
- 4. If the request is not answered, it must be informed, in a maximum period of one month, explaining the motives and reasons for the refusal of the response, giving the interested party the possibility of going to a supervisory authority or taking other legal actions .
- 5. Any exercise of the rights that the data protection regulations make available to the interested parties, as well as the information provided, will be free of charge. However, in the case of unfounded, excessive or repetitive requests by the same interested party in short periods of time, the RGPD allows the charge a reasonable administrative costs fee; or in the case, could refuse to act regarding the request.
- 6. In case of reasonable doubts regarding the identity of the person, the Treatment Manager may request additional information from the interested party in order to confirm correctly and without any doubt the identity of the person who exercises such request.
- 7. Finally, in the case that the interested party has used electronic means to exercise their rights, the person responsible for the processing, and therefore whoever is responsible for answering such rights, must use the same means to proceed with the response.
5. ACCESS RIGHT (Article 15 and Recitals 63 and 64 RGPD)
The affected party may at any time request access to the data about his person held by EnqueteFacile.com.
- 1. The Treatment Manager will analyze the situation to communicate the resolution to the affected party within thirty (30) days, counting from the receipt of the request, proceeding according to the case. This period may be extended by another two (2) months if necessary depending on the complexity and the number of registered requests. However, if such delay occurs, this extension must be motivated.
- 2. If the resolution is to meet the request, the necessary data will be obtained internally, sending the affected party the following information::
- a. Treatment purpose
- b. Data treated category.
- c. Recipient of your data.
- d. Conservation term.
- e. Other rights existence (rectification, deletion, limitation and / or opposition).
- f. Claim to the Control Authority (AEPD).
- g. Origin of the source of data acquisition.
- h. Existence of automated individual decisions and / or preparation of profiles.
- i. International data transfer and guarantees implemented for its realization.
- Additionally and in a mandatory way, a copy of the data object of treatment must be provided in a simple way so that the interested party can verify and know the legality of the treatment. In the case that the interested party requests a second copy of the requested documentation, it may be charged with a reasonable fee (Article 15.3 and Considering 63 RGPD). The person in charge of the treatment is authorized to ask the interested party for more concretion of what exactly it requests.
- In the case that the interested party exercises the request through electronic means, and unless the interested party requests another means, the information will be provided in an electronic format of common use.
- 3. If it is decided not to attend with the request, the interested party must be informed within a maximum period of one (1) month from the reception of the request, explaining the reasons for not acting as well as the possibility of complaining to a competent authority and the possibility of taking legal action.
- 4. If the treatment responsible has reasonable doubts regarding the identity of the person who is applying, it may request additional information in order to confirm the identity of the interested party.
6. RIGHT OF ACCESS EXERCISE MODEL
FILE RESPONSIBLE INFORMATION
Encuesta Fácil, S.L. with C.I.F: B84348069 whose address of the service to which the right of access is exercised: C / Rey, 11, Zip Code: 28300 Location: Aranjuez, Province: Aranjuez, SPAIN.
THE INTERESTED OR LEGAL REPRESENTATIVE INFORMATION
MR. / MRS. .................................................. .................................................. ....., with ID NUMBER: ........................., of legal age, with address in Street ..... .................................................. .................................. nº ........, Location ..... ...................................... Province........... ............................... Zip Code ............... STATE & COUNTRY. ..........................................., which is accompanied by a copy, By means of the present writing exercises the right of access, in accordance with the provisions of Article 15 of the General Data Protection Regulations (hereinafter RGPD),
REQUEST,
Free right to access to his files in a maximum period of one month from the reception of this request, and that you send the information to the address indicated above in a period of one month from the estimated resolution of the access request. Likewise, it is requested that the information include, in a readable and intelligible manner, easily accessible and with a clear and simple language: the data that about me is being treated, the results of any elaboration, process or treatment, as well as the origin of them, the transferees, as well as any international transfer of data, the assignee, as well as any international transfer of data, and the specification of the specific uses, categories, recipients, preservation periods, origin of source of obtaining my personal data, existence of automated individual decisions (and by the existence of profile elaborations) as well as the logic applied to them, as well as the purposes for which they were stored.
In Madrid, on May 25, 2018
Signature of the interested party,
7. RECTIFICATION RIGHT (Article 16 and Considering 65)
The affected party may request at any time that EnqueteFacile.com rectifies the data in their possession.
- 1. The RESPONSIBLE will analyze the situation to communicate the resolution to the affected party within one (1) month from the reception of the request. The Responsible for the Treatment, will communicate to the affected the old data and the new rectified data that, from the moment of his request, will be on possession of EnqueteFacile.com.
This period may be extended by another two (2) months if necessary depending on the complexity and number of registered applications. However, if such delay occurs, this extension must be motivated.
- 2. The interested party will also have the right to complete incomplete personal data, including through an additional declaration.
- 3. If the Responsible for the Treatment does not follow the request of the interested party, it will inform him / her without delay and no later than one (1) month after receiving the request, stating the reasons for his / her failure to act and the possibility of presenting a claim to the control authority and of taking legal actions.
- 4. In that case, the RESPONSIBLE will ensure that the rectifications of the data of the affected person are made in the different applications available in EnqueteFacile.com.
- 5. The communication of the resolution will be made by the RESPONSIBLE to the affected by certified mail with acknowledgment of receipt within a maximum period of one (1) month from the communication of exercise of the right by the affected party.
8. MODEL OF EXERCISE OF RIGHT OF RECTIFICATION
FILE RESPONSIBLE INFORMATION
Encuesta Fácil, S.L. with C.I.F: B84348069 whose address of the service to which the right of access is exercised: C / Rey, 11, Zip Code: 28300 Location: Aranjuez, Province: Aranjuez, SPAIN.
THE INTERESTED OR LEGAL REPRESENTATIVE INFORMATION
MR. / MRS. .................................................. .................................................. ....., with ID NUMBER: ........................., of legal age, with address in Street ..... .................................................. .................................. nº ........, Location ..... ...................................... Province........... ............................... Zip Code ............... STATE & COUNTRY. ..........................................., which is accompanied by a copy, By means of the present writing exercises the right of access, in accordance with the provisions of Article 15 of the General Data Protection Regulations (hereinafter RGPD),
REQUEST,
That the rectification of the erroneous data related to my person that are in the indicated file be carried out, in accordance with Article 17 of the RGPD.
The data that must be rectified are listed as an annex to the present application, indicating the correction that must be made.
In Madrid, on May 25, 2018
Signature of the interested party,
9. SUPPRESSION RIGHT (Article 17 and Considering 65 and 66)
The affected party may request at any time that EnqueteFacile.com the deletion of the data held by the person in charge of the Treatment.
- 1. The RESPONSIBLE will analyze the situation to communicate the resolution to the affected party within one (1) month of reception of the request. This period may be extended by another two (2) months if necessary depending on the complexity and number of registered applications. However, if such delay occurs, this extension must be motivated.
- 2. If the Responsible for the Treatment does not follow the request of the interested party, it will inform him / her without delay and no later than one (1) month after receiving the request, stating the reasons for his / her failure to act and the possibility of presenting a claim to the control authority and of taking legal actions.
- 3. In that case, the RESPONSIBLE will ensure that the deletions of the data of the affected person are made in the different applications available in EnqueteFacile.com.
- 4. The communication of the resolution will be made by the RESPONSIBLE to the affected by certified mail with acknowledgment of receipt within a maximum period of one (1) month from the communication of exercise of the right by the affected party.
- 5. The right to delete data occurs under the following assumptions::
- a. When personal data are no longer necessary with regard to the purposes for which they were collected or otherwise processed.
- b. When the interested party has withdrawn his consent.
- c. The interested party opposes the treatment.
- d. The data has been treated illicitly.
- e. They must be eliminated based on compliance with a legal obligation.
- 6. Under the principle of deletion, it is important to mention the right to block data set in Article 17, as well as Considering 65 of the RGPD. According to these precepts even if the data processed by the Responsible person ceases to be useful or necessary, the data will not be deleted when necessary::
- a. To exercise the expression and information freedom right.
- b. For the fulfillment of a legal obligation that requires the treatment of data imposed by the Union Law or of the States Member that applies to the data responsible, or for a mission carried out in the public interest fulfillment.
- c. For reasons of public interest.
- d. For archival purposes in the public interest, scientific or historical research purposes.
- e. Formulation, exercise or defense of claims.
10. SUPPRESSION RIGHT MODEL OF EXERCISE
FILE RESPONSIBLE INFORMATION
Encuesta Fácil, S.L. with C.I.F: B84348069 whose address of the service to which the right of access is exercised: C / Rey, 11, Zip Code: 28300 Location: Aranjuez, Province: Aranjuez, SPAIN.
THE INTERESTED OR LEGAL REPRESENTATIVE INFORMATION
MR. / MRS. .................................................. .................................................. ....., with ID NUMBER: ........................., of legal age, with address in Street ..... .................................................. .................................. nº ........, Location ..... ...................................... Province........... ............................... Zip Code ............... STATE & COUNTRY. ..........................................., which is accompanied by a copy, By means of the present writing exercises the right of access, in accordance with the provisions of Article 15 of the General Data Protection Regulations (hereinafter RGPD),
REQUEST,
Proceed to agree on the deletion of personal data on which the right is exercised, and to be notified in writing of the result of the suppression practiced. That in the case that it is agreed within a period of one (1) month that it is not appropriate to agree to fully or partially carry out the proposed suppressions, I should be notified so that, if appropriate, request the protection to the Protection of Data Spanish Agency , under Article 17 of the RGPD. That if the suppressed data had been previously communicated should notified to the file responsible the cancelation practiced so that he can proceed with the necessary corrections so that it respects the duty of data quality.
In Madrid, on May 25, 2018
Signature of the interested party,
11. LIMITATION OF TREATMENT RIGHT (Article 18 and Considering 67)
The affected party may request at any time that EnqueteFacile.com, limit the processing of the data held by them on the basis of the Treatment Manager, always following any of the cases contemplated in point 5 of this document.
- 1. The RESPONSIBLE will analyze the situation to communicate the resolution to the affected party within one (1) month of reception of the request. This period may be extended by another two (2) months if necessary depending on the complexity and number of registered applications. However, if such delay occurs, this extension must be motivated.
- 2. If the Responsible for the Treatment does not follow the request of the interested party, it will inform him / her without delay and no later than one (1) month after receiving the request, stating the reasons for his / her failure to act and the possibility of presenting a claim to the control authority and of taking legal actions.
- 3. In your case, the RESPONSIBLE will ensure that such limitation of the processing of the data of the affected party is made in the different applications available in EnqueteFacile.com.
- 4. The communication of the resolution will be made by the RESPONSIBLE to the affected by certified mail with acknowledgment of receipt within a maximum period of one (1) month from the communication of exercise of the right by the affected party.
- 5. The interested party shall have the right to obtain the treatment limitation from the person responsible under any of the following circumstances::
- a. The interested party challenges the accuracy of the personal data, during a period that allows the responsible to verify the accuracy of them.
- b. Treatment is unlawful and the interested party opposes its suppression.
- c. The person in charge no longer needs the personal data for the purposes of the treatment, but the interested party needs it for the formulation, exercise or defense of claims.
- d. When the interested party has opposed the treatment under article 21.
12. MODEL OF EXERCISE OF THE LIMITATION TREATMENT RIGHT
FILE RESPONSIBLE INFORMATION
Encuesta Fácil, S.L. with C.I.F: B84348069 whose address of the service to which the right of access is exercised: C / Rey, 11, Zip Code: 28300 Location: Aranjuez, Province: Aranjuez, SPAIN.
THE INTERESTED OR LEGAL REPRESENTATIVE INFORMATION
MR. / MRS. .................................................. .................................................. ....., with ID NUMBER: ........................., of legal age, with address in Street ..... .................................................. .................................. nº ........, Location ..... ...................................... Province........... ............................... Zip Code ............... STATE & COUNTRY. ..........................................., which is accompanied by a copy, By means of the present writing exercises the right of access, in accordance with the provisions of Article 15 of the General Data Protection Regulations (hereinafter RGPD),
REQUEST,
That proceed to agree the personal data limitation treatment on which the right is exercised. And to be notified in writing the result of the limitation practiced. In the case that it is agreed within a period of one (1) month that there is no need to agree to fully or partially carry out the proposed right, I should be notified in writing so that, in that case, I will request the protection of the Protection of Data Spanish Agency, under Article 18 of the RGPD.
In Madrid, on May 25, 2018
Signature of the interested party,
13. PORTABILITY RIGHT (article 20 and considering 68)
The affected party may request at any time that EnqueteFacile.com deliver to the interested party the personal data that concern him, Data that have been delivered / provided to a data responsible in a structured, commonly used and machine-readable format. And to transmit them to another treatment responsible party without being prevented by the person responsible to whom it was provided, as long as this treatment is based on consent and has been carried out by automated means.
- 1. The RESPONSIBLE will analyze the situation to communicate the resolution to the affected party within one (1) month of reception of the request. This period may be extended by another two (2) months if necessary depending on the complexity and number of registered applications. However, if such delay occurs, this extension must be motivated.
- 2. If the Responsible for the Treatment does not follow the request of the interested party, it will inform him / her without delay and no later than one (1) month after receiving the request, stating the reasons for his / her failure to act and the possibility of presenting a claim to the control authority and of taking legal actions.
- 3. The communication of the resolution will be made by the RESPONSIBLE to the affected by certified mail with acknowledgment of receipt within a maximum period of one (1) month from the communication of exercise of the right by the affected party.
- 4. When exercising their portability of data right, the interested party shall have the right to have personal data transmitted directly from responsible to responsible when technically possible.
- 5. This right will not adversely affect the rights and freedoms of others.
14. MODEL OF PORTABILITY RIGHT EXERCISE
FILE RESPONSIBLE INFORMATION
Encuesta Fácil, S.L. with C.I.F: B84348069 whose address of the service to which the right of access is exercised: C / Rey, 11, Zip Code: 28300 Location: Aranjuez, Province: Aranjuez, SPAIN.
THE INTERESTED OR LEGAL REPRESENTATIVE INFORMATION
MR. / MRS. .................................................. .................................................. ....., with ID NUMBER: ........................., of legal age, with address in Street ..... .................................................. .................................. nº ........, Location ..... ...................................... Province........... ............................... Zip Code ............... STATE & COUNTRY. ..........................................., which is accompanied by a copy, By means of the present writing exercises the right of access, in accordance with the provisions of Article 15 of the General Data Protection Regulations (hereinafter RGPD),
REQUEST,
That proceed to agree on the my personal data portability that has been processed by the company, and that the result of portability be notified in writing. In the case that it is agreed within a period of one (1) month that there is no need to agree to fully or partially carry out the proposed right, I should be notified in writing so that, in that case, I will request the protection of the Protection of Data Spanish Agency, under Article 20 of the RGPD.
In Madrid, on May 25, 2018
Signature of the interested party,
15. OPPOSITION RIGHT (article 21 and considering 69 and 70)
The interested party may oppose the sending of advertising or any other treatment different from the strict purpose for which the data is collected.
- 1. EnqueteFacile.com will analyze the situation to communicate the resolution to the affected party within a period of thirty (30) days, , counting from the receipt of the request, proceeding as the case may be::
- If the decision is to comply with the request, , the affected party will be informed that their data will not be subject to the specified treatment, either in general or for those third parties that have been indicated in case of opposition to the transfer of data.
- If the resolution is not to comply with the request, , the interested party will be informed of the formal reasons for which the request is not answered, also the reason for the extension.
- 2. In your case, the RESPONSIBLE will ensure that the necessary indications are made to guarantee the rights of the affected party in the different applications available in EnqueteFacile.com.
- 3. The communication of the resolution will be made by the RESPONSIBLE to the affected by certified mail with acknowledgment of receipt within a maximum period of one (1) month from the communication of exercise of the right by the affected party.
- 4. The interested party may object at any time that personal data concerning him are subject to processing. The Responsible will leave personal data to be processed unless it proves legitimate reasons for the treatment that prevails over the interests, or for the formulation, exercise or defense of claims.
- 5. When the treatment is aimed for direct marketing, the interested party shall have the right to object to the treatment at any time (including the preparation of profiles). Therefore, when the interested party opposes the processing, personal data will no longer be processed for those purposes.
- 6. When personal data are processed for scientific or historical research purposes or for statistical purposes, the interested party shall be entitled, for reasons related to his / her particular situation, to oppose the processing of personal data concerning him / her.
16. OPPOSITION RIGHT EXERCISE MODEL
FILE RESPONSIBLE INFORMATION
Encuesta Fácil, S.L. with C.I.F: B84348069 whose address of the service to which the right of access is exercised: C / Rey, 11, Zip Code: 28300 Location: Aranjuez, Province: Aranjuez, SPAIN.
THE INTERESTED OR LEGAL REPRESENTATIVE INFORMATION
MR. / MRS. .................................................. .................................................. ....., with ID NUMBER: ........................., of legal age, with address in Street ..... .................................................. .................................. nº ........, Location ..... ...................................... Province........... ............................... Zip Code ............... STATE & COUNTRY. ..........................................., which is accompanied by a copy, By means of the present writing exercises the right of access, in accordance with the provisions of Article 15 of the General Data Protection Regulations (hereinafter RGPD),
EXPOSE,
(Describe the situation in which the processing of your personal data occurs and list the reasons why you are opposed to it)
To prove the described situation, I enclose a copy of the following documents:
(List the documents attached to this application to prove the situation you have described)
REQUEST,
That my exercise of the opposition right be treated in the terms set out above.
In Madrid, on May 25, 2018
Signature of the interested party,
17. LIMIT AUTOMATIC INDIVIDUAL DECISIONS RIGHT (Article 22)
The interested party shall have the right not to be subjected to treatment based on profiling. This assumption could only be made if the data processing is done in an automated way and that these produce legal effects or affect the interested party in a similar way.
- 1. The Treatment responsible (EnqueteFacile.com) will analyze the situation to communicate the resolution to the affected one before thirty (30) days, counting from the reception of the request, proceeding according to the case. This period may be extended by another two (2) months if necessary depending on the complexity and number of registered applications. However, if such delay occurs, this extension must be motivated.
- 2. There are exceptions to these principles::
- a. When such data is necessary for the celebration or execution of a contract and a responsible treatment.
- b. It is authorized by the Union law or of the States Member that applies to the responsible for the treatment.
- c. It is based on the explicit consent of the interested party.
- 3. The person responsible for the treatment shall adopt the appropriate measures to safeguard the rights and freedoms and legitimate interests of the interested party, at least the right to obtain human intervention from the person responsible, to express their point of view and to challenge the decision.
18. MODEL OF EXERCISE OF THE RIGHT TO LIMIT AUTOMATIC INVIDUAL DECISIONS
FILE RESPONSIBLE INFORMATION
Encuesta Fácil, S.L. with C.I.F: B84348069 whose address of the service to which the right of access is exercised: C / Rey, 11, Zip Code: 28300 Location: Aranjuez, Province: Aranjuez, SPAIN.
THE INTERESTED OR LEGAL REPRESENTATIVE INFORMATION
MR. / MRS. .................................................. .................................................. ....., with ID NUMBER: ........................., of legal age, with address in Street ..... .................................................. .................................. nº ........, Location ..... ...................................... Province........... ............................... Zip Code ............... STATE & COUNTRY. ..........................................., which is accompanied by a copy, By means of the present writing exercises the right of access, in accordance with the provisions of Article 15 of the General Data Protection Regulations (hereinafter RGPD),
EXPOSE,
That proceed to agree the limitation of the automatic individual decisions of personal data that about me has been treated by the company, and that the result of limitation be notified in writing. In the case that it is agreed within a period of one (1) month that there is no need to agree to fully or partially carry out the proposed right, I should be notified in writing so that, in that case, I will request the protection of the Protection of Data Spanish Agency, under Article 22 of the RGPD.
In Madrid, on May 25, 2018
Signature of the interested party,