Privacy Policy
Data protection is especially important to us. Using our website is generally possible without providing any personal data. However, if a data subject wants to use special services offered through our website, processing of personal data may become necessary. If processing personal data is required and there is no legal basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as name, address, email address or telephone number of a data subject, always takes place in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to us. With this privacy policy, we inform the public about the type, scope and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy informs data subjects about their rights.
As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, internet-based data transmissions may have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative methods, such as by telephone.
1. Definitions
Our privacy policy is based on the terms used by the European legislator when issuing the GDPR. Our privacy policy is intended to be understandable for the general public as well as our customers and business partners. To ensure this, we would like to explain the terminology in advance.
In this privacy policy we use among others the following terms:
a) Personal Data
Personal data means any information relating to an identified or identifiable natural person (“data subject”).
b) Data Subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
c) Processing
Processing means any operation performed on personal data, whether automated or not, such as collection, recording, organization, structuring, storage, adaptation, retrieval, use, disclosure, alignment, restriction, erasure or destruction.
d) Restriction of Processing
Restriction of processing means marking stored personal data with the aim of limiting its processing in the future.
e) Profiling
Profiling means any form of automated processing of personal data to evaluate certain personal aspects of a natural person, such as for analyzing or predicting aspects concerning performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
f) Pseudonymization
Pseudonymization means processing personal data in such a way that it cannot be attributed to a specific data subject without the use of additional information, provided such information is kept separately and subject to technical and organizational measures.
g) Controller
The controller is the natural or legal person, authority, agency or other body which alone or jointly with others determines the purposes and means of processing personal data.
h) Processor
A processor means a natural or legal person, authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
A recipient is a natural or legal person, authority, agency or other body to whom the personal data are disclosed, whether a third party or not, excluding authorities that may receive personal data in the context of a specific investigation in accordance with EU or member state law.
j) Third Party
A third party means a natural or legal person, authority, agency or body other than the data subject, controller, processor and persons who are authorized to process personal data under the direct authority of the controller or processor.
k) Consent
Consent means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which they signify agreement to the processing of personal data relating to them.
2. Name and Address of the Controller
The controller pursuant to the GDPR and other applicable data protection laws is:
SECRET INVEST S.L
Carrer de Joan March 1, 07640 Ses Salines, Mallorca
N.I.F Z2769995H
Email: info@secretinvest.es
Managing Directors: Mandy Löhrhoff and Patricia Stawitzki
3. Collection of General Data and Information
Our website collects certain general data and information each time a data subject or automated system accesses the website. These general data and information are stored in the server log files. Collected data may include:
(1) Browser types and versions used,
(2) Operating systems used by the accessing system,
(3) The website from which an accessing system reached our site (referrer),
(4) Sub-webpages accessed on our site,
(5) Date and time of access,
(6) Internet protocol (IP) address,
(7) Internet service provider of the accessing system,
(8) Other similar data used for security purposes.
This data is not used to draw conclusions about the data subject. Instead, it is required to:
(1) Deliver the content of our website correctly,
(2) Optimize content and advertising,
(3) Ensure the long-term functionality of our IT systems and website technology,
(4) Provide law enforcement authorities with the necessary information in case of a cyberattack.
The anonymized data is analyzed statistically to improve data protection and security in our company. The log file data is stored separately from personal data provided by the data subject.
4. Contact via the Website
Our website contains contact details enabling fast electronic contact and direct communication with us, including an email address. If a data subject contacts us by email or via a contact form, the transmitted personal data is automatically stored. Such voluntarily provided personal data is used only to process the request or contact the data subject. No disclosure to third parties occurs.
5. Routine Deletion and Blocking of Personal Data
We process and store personal data only for the duration required to achieve the storage purpose or as required by the GDPR or other legislation. Once the storage purpose ceases or mandatory retention periods expire, the data is routinely blocked or deleted in accordance with statutory regulations.
6. Rights of the Data Subject
a) Right of Confirmation
Every data subject has the right to obtain from the controller confirmation as to whether personal data concerning them is being processed.
b) Right of Access
Every data subject has the right to obtain from the controller free disclosure of their personal data and a copy thereof, as well as information on:
- processing purposes;
- data categories processed;
- recipients or categories of recipients;
- planned duration of storage;
- existence of rights to rectification or erasure;
- the right to lodge a complaint;
- if data not collected from the data subject: source;
- existence of automated decision-making including profiling.
Additionally, the data subject has the right to know whether personal data has been transferred to a third country or international organization and about the guarantees used. Whenever the data subject wishes to exercise this right of access, they may contact any employee of the controller at any time.
c) Right to Rectification
Every data subject has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data — also by means of a supplementary statement — considering the purposes of the processing.
If a data subject wishes to exercise this right to rectification, they may contact an employee of the controller at any time.
d) Right to Erasure (Right to be Forgotten)
Every data subject has the right granted by the European legislator to request from the controller the immediate erasure of personal data concerning them, provided one of the following reasons applies and the processing is not necessary:
- The personal data was collected or otherwise processed for purposes that are no longer necessary.
- The data subject withdraws consent on which the processing is based according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
- The personal data has been unlawfully processed.
- The erasure of the personal data is required to comply with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data has been collected in relation to the offer of information society services pursuant to Art. 8(1) GDPR.
If one of the aforementioned reasons applies and a data subject wants to request the erasure of personal data stored by us, they may contact an employee of the controller at any time. We will ensure that the erasure request is fulfilled without delay.
If the personal data has been made public by us and we are obliged to erase it pursuant to Art. 17(1) GDPR, we will, taking account of available technology and implementation costs, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure of all links to, or copies or replications of, that personal data, as far as processing is not required. Our employee will arrange the necessary steps in individual cases.
e) Right to Restriction of Processing
Every data subject has the right granted by the European legislator to request the restriction of processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of its use instead.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject requires it for the establishment, exercise or defense of legal claims.
- The data subject has objected to processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by us, they may contact an employee of the controller at any time. Our employee will arrange the restriction of processing.
f) Right to Data Portability
Every data subject has the right granted by the European legislator to receive the personal data concerning them, which was provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit that data to another controller without hindrance from the controller to which the personal data was provided, where the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and if it does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject may contact one of our employees at any time.
g) Right to Object
Every data subject has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on Art. 6(1)(e) or (f) GDPR, including profiling based on those provisions.
We will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights and freedoms of the data subject, or the processing is for the establishment, exercise or defense of legal claims.
If we process personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may directly contact any of our employees. Furthermore, the data subject is free, in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
h) Automated Individual Decision-Making, including Profiling
Every data subject has the right granted by the European legislator not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for entering into or the performance of a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into or the performance of a contract between the data subject and the controller, or (2) it is based on the data subject’s explicit consent, we shall implement suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.
If the data subject wishes to exercise rights concerning automated decisions, they may contact an employee of the controller at any time.
i) Right to Withdraw Data Protection Consent
Every data subject has the right granted by the European legislator to withdraw consent to processing of their personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, they may contact an employee of the controller at any time.
7. Legal Basis for Processing
Art. 6(1)(a) GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as for example when processing operations are necessary for the supply of goods or provision of any other service, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations required to carry out pre-contractual measures, such as inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as compliance with tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect vital interests of the data subject or another natural person, for example if a visitor were injured and their personal data like name, age, or health insurance details had to be passed to a doctor or hospital. In that case, the processing would be based on Art. 6(1)(d) GDPR. Ultimately, processing operations may be based on Art. 6(1)(f) GDPR. This legal basis is used for processing operations not covered by any of the above legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, unless those interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing is particularly allowed because it has been specifically mentioned by the European legislator. The legislator considered a legitimate interest may be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).
8. Legitimate Interests in Processing Pursued by the Controller or a Third Party
If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business in favor of the well-being of all our employees and shareholders.
9. Duration of Storage of Personal Data
The criterion for the duration of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, provided it is no longer necessary for contract fulfillment or contract initiation.
10. Legal or Contractual Requirements to Provide Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Failure to Provide Such Data
We inform you that the provision of personal data may be required by law (e.g., tax regulations) or may result from contractual provisions (e.g., information about the contractual partner). Sometimes it may be necessary for the conclusion of a contract that the data subject provides us with personal data, which must then be processed by us. The data subject is, for example, obliged to provide us with personal data if our company enters into a contract with them. Failure to provide personal data would mean that the contract could not be concluded. Before providing personal data, the data subject may contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is legally or contractually required or necessary for contract conclusion, whether there is an obligation to provide the personal data, and the consequences of failure to provide the personal data.
11. Existence of Automated Decision-Making
As a responsible company, we do not use automatic decision-making or profiling.