Privacy policy

    Principles and application

    With this communication we at Diversport Torremolinos inform users of the website https://diversportorremolinos.org/en, in compliance with Regulation (EU) 2016/679, of the European Parliament and of the Council, of 27 April 2016 (“GDPR”), of this Policy in respect of the processing and protection of personal data, in order for users to decide expressly, freely and voluntarily whether they wish to provide any personal data requested to the website in order for services to be provided and the Club’s sporting activities to be developed.

    This Policy will be applicable to:

    • Anyone who visits the Diversport Torremolinos Club website at https://diversportorremolinos.org/en
    • Anyone who voluntarily contacts the Diversport Torremolinos Club by email, chats or WhatsApp groups run by Club Diversport Torremolinos or who complete any of the data-collection forms published on the Diversport Torremolinos Club website.
    • Anyone who requests information on the activities and/or services of the Diversport Torremolinos Club or who asks to participate in any of the Diversport Torremolinos Club’s sporting activities.
    • Anyone entering into a contractual relationship with the Diversport Torremolinos Club.
    • Anyone using any other service on the website that involves sending data to the Diversport Torremolinos Club or data being accessed by the Diversport Torremolinos Club in order for its services to be provided.
    • Anyone else who, directly or indirectly, has expressly given their consent for their data to be processed by the Diversport Torremolinos Club for any of the purposes covered by this Policy.

    Membership or participation in any activities organised by the Diversport Torremolinos Club requires the express acceptance of this Policy.

    Users are also informed of the inclusion of data in computerised files owned and controlled by the Diversport Torremolinos Club in order to process applications and, if any information of interest to users about the activities of the Diversport Torremolinos Club is provided, for which the Diversport Torremolinos seeks their consent, including communications sent by automated call systems via telecoms services with no human intervention, such as SMS and email messages.

    The Diversport Torremolinos Club warns users that, unless legal representation has been duly arranged, no user or customer may use the identity of any other person and communicate their personal data. Any and all data provided to the Diversport Torremolinos Club must therefore be the user or client’s own, appropriate, relevant, up to date, true and accurate personal data. In this regard, the user or client will be solely liable for any direct or indirect damages caused to third parties or to the Diversport Torremolinos Club as a result of the use of another person’s data if such data is false, erroneous, not up to date, inappropriate or irrelevant. Similarly, any user or member who communicates the personal data of a third party shall be responsible for obtaining such third party’s corresponding permission or otherwise be liable for any consequences.

    Unless specifically stated otherwise, it is a requirement for all the fields of any forms to be completed. Unless all the data considered to be necessary is provided, it may not be possible for the Diversport Torremolinos Club to process the specific request being made.

    Users must complete forms with information that is true, accurate, complete and up to date, being liable for any damages caused as a result of the improper completion of forms with information that is false, inaccurate, incomplete or not up to date.

    Likewise, any users or members communicating personal data to the Diversport Torremolinos Club declare that they are of full legal age, in accordance with Spanish law, otherwise refraining from providing any data to the Club. Any data provided about a minor shall require the prior consent or permission of the minor’s parents, guardians or legal representatives, who will be held liable for any data provided by minors for whom they are responsible.

    This Policy shall be secondarily applicable to any other special conditions regarding personal-data protection established and communicated by, including but not limited to, registration forms, contracts or special terms and conditions of services. This Policy therefore complements any such conditions in respect of any matters for which no express provisions are made therein.

    Purposes of the collection and processing of personal data

    Whenever an email is sent to the Club Diversport Torremolinos or any personal data is communicated by any other medium, such as a contact form, the purpose of the collection and processing of such data by the Diversport Torremolinos Club is to address any queries and requests for information made about the services and sporting activities organised by the Diversport Torremolinos Club.

    In the case of any Diversport Torremolinos Club forms that any interested persons may complete in order to participate in any commercial actions of the Club, the purpose is to make such participation possible and to send communications on the sporting activities organised by the Diversport Torremolinos Club, unless the user objects when the data is being collected. Notwithstanding, users may change their decision at any time and as many times as they wish by sending an email to info@diversportorremolinos.org for such purpose.

    The application for participation in sporting activities of the Diversport Torremolinos Club will collect solely such personal data as may be necessary in order for the services to be provided and paid for by members or friends. Such data will be collected and processed for the following purposes:

    The main purpose will be to maintain the relationship such that the Diversport Torremolinos Club is able to give member access to sporting services and cultural activities, according to the type and characteristics of the services requested, connecting the Club and the member or friend via the email address, telephone number or other media indicated by the member or friend.

    • To send documentation and information related to services offered by the Diversport Torremolinos Club or third-party sporting or cultural entities, and to send commercial and advertising communications about such services or other similar services by the Diversport Torremolinos Club, by post, email, telephone, SMS or other media indicated by the customer, unless the customer expressly objects upon joining the Club as a member or friend. Notwithstanding whether or not the member or friend decides to receive commercial information from the Diversport Torremolinos Club, this decision may be changed at any time and as many times as the member or friend wishes by sending an email to diversportorremolinos@gmail.com.
    • In accordance with Act 25/2007, of 18 October, on the conservation of data in relation to digital communications and public communications networks, the Diversport Torremolinos Club informs users that certain data will be retained and conserved on traffic generated during the course of communications, reporting any such data, as the case may be, to the relevant bodies under the circumstances for which provision is made under the Act.
    • In order to comply with legal and employment obligations, users’ data may be communicated to insurance companies, mutual protection and accident insurance companies, occupational health and safety services or healthcare services for workers or associated persons.
    • For any other such purposes, as expressly included in the specific conditions applicable to the corresponding product or service contracted and expressly accepted by the customer.

    Duration of the conservation of personal data

    The Diversport Torremolinos Club will conserve personal data for as long as may be strictly necessary in order to fulfil the purposes described above. The Diversport Torremolinos Club may duly block such data for as long as any liabilities may result from the Club’s relationship with the member or friend.

    The period during which any data will be conserved under Act 25/2007, of 18 October, on the conservation of data in relation to digital communications and public communications networks, will be as established under the Act.

    Recipients of personal data

    The recipients of personal data collected by the Diversport Torremolinos Club shall be as follows:

    • The board and persons coordinating and/or organising the sporting and cultural activities of the Diversport Torremolinos Club in the course of their duties.
    • Suppliers of the Diversport Torremolinos Club involved in the provision of services, as necessary in order for such services to be provided.
    • Judicial and official bodies and law-enforcement agencies, if the Diversport Torremolinos Club is required under the applicable legislation to provide an information on its customers and its services.
    • Any others who, owing to the nature of the service, need to access any data provided, as set forth in the specific conditions applicable to the service requested and expressly accepted by the partner or friend for the provision of each service.

    Users’ rights and how to exercise them

    Users may at any time exercise the following rights recognised under the GDPR:

    • Right of access: Users have the right to require the Diversport Torremolinos Club to correct any personal data found to be inaccurate or incomplete.
    • Right to obtain a copy of the user’s own personal data
    • Right of correction: Users have the right to require the Diversport Torremolinos Club to correct any personal data found to be inaccurate or incomplete.
    • Right of deletion: Users have the right for their data to be deleted if it is no longer needed for the purpose for which it was provided or under any other circumstances for which legal provisions are made.
    • Right to limit processing: Users have the right to receive the personal data corresponding to them in a structured format, provided that such data refers solely to and has been provided by the user.
    • Right of portability: Users have the right to receive the personal data corresponding to them in a structured format, provided that such data refers solely to and has been provided by the user.

    Users may exercise these rights in the following ways:

    • If they are members or friends of the Diversport Torremolinos Club, users may check their personal at any time by means of the “My personal data” section of the “Access” tool, following due authentication on the website https://diversportorremolinos.com/. Users may also send a message via the “Contact” section of the website, stating the right that they wish to exercise.

    Users or their legal representatives may at any time exercise their right of access, correction, deletion or objection, as the case may be, as provided under the GDPR and other applicable regulations, by sending an email to diversportorremolinos@gmail.com, accrediting the user’s identity.

    Control authority

    Users may contact the corresponding local control authority if they consider the processing of their personal data not to have been carried out in accordance with the applicable legislation.

    The data-protection control authority in Spain is the Spanish Data Protection Agency, whose contact details are available on the Agency’s website, specifically at http://www.agpd.es/portalwebAGPD/CanalDelCiudadano/contacteciudadano/index-ides-idphp.php.

    International data transfers

    For any services of Diversport Torremolinos Club requiring international transfers to be made in order for such services to be provided, this circumstance will be included in the specific conditions applicable to the service in question, having been expressly accepted in advance.

    Club Diversport Torremolinos as data controller

    As the data controller pursuant to section 28 and related sections of the GDPR, the Diversport Torremolinos Club will process any personal data in respect of which the user is the controller or processor, as necessary for the proper provision of the services requested. In this case, Club Diversport Torremolinos will act as the data processor under the following terms and conditions:

    • The Diversport Torremolinos Club will process data only in accordance with the data controlling or processing user’s instructions, refraining from using them for any purposes other than those established in this Data Protection Policy or any applicable contractual terms and conditions.
    • Upon the completion of the services giving rise to the processing of personal data, such data will be destroyed together with any media or documents that include any personal data or information of any kind generated during, for the purpose of or in return for the provision of the services subject to the corresponding terms and conditions. Notwithstanding, the Diversport Torremolinos Club may duly block such data for as long as any liabilities may result from the Club’s relationship with the user, regardless of whether the user is a member or friend.
    • If the Diversport Torremolinos Club should use the data for any other purpose or communicate or use the data in breach of this Data Protection Policy or the corresponding terms and conditions of the service, the Club shall also be considered as the data controller.
    • The Diversport Torremolinos Club, in accordance with s. 28 GDPR, undertakes to maintain due professional secrecy in respect of any personal data to be accessed and/or processed in order to comply in each case with the terms and conditions of the relevant service, both during and after the completion of such service, undertaking to use the information solely for the purpose intended in each case and to require the same level of undertaking from any person within the Club’s organisation who is involved at any stage of the processing of personal data controlled by the customer.

    In accordance with the GDPR, the following rules shall be applicable in respect of the manner and modalities of access to data for the provision of services:

    1. If the Diversport Torremolinos Club should need to access processing resources located on the customer’s premises, the customer shall be responsible for establishing and implementing the security policy and measures and communicating them to the Club, which undertakes to uphold them and to require compliance from any and all persons within its organisation who may be involved in the provision of the services.

    2. If the Diversport Torremolinos Club remotely accesses data-processing resources controlled by the customer, the customer shall establish and implement the security policy and measures in its remote processing systems, and the Diversport Torremolinos Club shall be responsible for establishing and implementing the security policy and measures in its own local systems.

    3. If the service is provided by the Diversport Torremolinos Club on its own premises, the Diversport Torremolinos Club shall log in its record of activities the circumstances regarding data processing in the terms required under the GDPR, including the security measures corresponding to such processing.

    The user, whether as a member or as a friend, authorises the Diversport Torremolinos Club to perform the following actions, provided that they are necessary for the provision of the services. This authorisation is limited to such action or actions as may be necessary for the provision of each service and for a maximum duration according to the term of validity of the applicable contractual terms and conditions:

    • To carry out the processing of personal data on portable devices solely by users or user profiles assigned to the provision of the services.
    • To carry out the processing of personal data outside the customer’s premises or the Diversport Torremolinos Club solely by users or user profiles assigned to the provision of the services.
    • The entry and exit of any media and documents containing personal data, including those inserted in or attached to an email, outside premises under the control of the data-controlling customer.
    • To undertake any data-recovery procedures that the Diversport Torremolinos Club is required to carry out.

    The Diversport Torremolinos Club accepts no responsibility for any breach by the user of undertakings derived from the GDPR or the corresponding data-protection regulations in respect of its activities and in relation to the performance of the contract or any commercial relations between the user and the Diversport Torremolinos Club. Each party shall be liable, as the case may be, for its own breaches of contractual undertakings and the applicable regulations.

    Likewise, the Diversport Torremolinos Club undertakes to comply with its undertaking to maintain the secrecy of personal data and its duty to protect such data with due diligence. The Diversport Torremolinos Club shall adopt any means necessary to avoid the tampering with, loss of, processing of or unauthorised access to such data, considering the current state of the art of technology from time to time.

    The Diversport Torremolinos Club reserves the right to change this policy, giving advance notice to users of any such changes being made.