Respecting the established in the current legislation, Bowser Barcelona commits itself to adopt the necessary technical and organizational measures, according to the level of security adapted to the risk of the collected data.

Laws incorporating 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, it respects the following rules

• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).
• The Organic Law 3/2018 of December 5, Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
• The Royal Decree 1720/2007, of December 21, which approves the Regulation of development of the Organic Law 15/1999, of December 13, Protection of Personal Data (RDLOPD).
• The Law 34/2002, of July 11, of Services of the Society of the Information and of Electronic Trade (LSSI-CE).

Identity of the person responsible for the processing of personal data

The person in charge of the treatment of the personal data collected at Bowser Barcelona is: Claudia Durán Goffard, with NIF: 73086749V (from now on, also the person in charge of the treatment). Her contact details are as follows:

Address: Carrer Miquel Angel 120, Barcelona 08028
Contact e-mail: shop@bowserbcn.com

Personal Data Logging

In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Bowser Barcelona through the forms on its pages will be incorporated and processed in our files in order to facilitate, expedite and fulfill the commitments established between Bowser Barcelona and the User or the maintenance of the relationship established in the forms that the User fills out, or to respond to a request or consultation of the same. Likewise, 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 register of processing activities is kept which specifies, according to its purposes, the processing activities carried out and other circumstances established in the RGPD.

Principles applicable to the processing of personal data

The processing of the User’s personal data will be subject to the following principles as set out in article 5 of the RGPD:

• Principle of legality, loyalty and transparency: the User’s consent will be required at all times, after being informed in a completely transparent manner of the purposes for which the personal data are collected.
• Principle of purpose limitation: personal data will be collected for specific, 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 treated.
• Principle of accuracy: personal data must be accurate and always up to date.
• Principle of limitation of the term of conservation: the personal data will only be maintained so that the identification of the User is allowed during the time necessary for the purposes of their treatment.
• Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
• Principle of proactive responsibility: the person in charge of the processing will be responsible for ensuring that the above principles are complied with.

Personal data categories

The data categories that are treated in Bowser Barcelona are only identifying data. In no case, special categories of personal data are treated in the sense of Article 9 of the RGPD.

Legal basis for the treatment of personal data

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

The User shall have the right to withdraw his consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent will not condition the use of the Web Site.

In the occasions in which the User must or can facilitate his data through forms to make consultations, to ask for information or by reasons related to the content of the Web site, he will be informed in case the filling up of some of them is obligatory due to that the same ones are essential for the correct development of the made operation.

Treatment purposes for which the personal data are intended

Personal data is collected and managed by Bowser Barcelona in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills out or to meet a request or consultation.

Similarly, the data may be used for commercial purposes of customization, operational and statistical, and activities of the corporate purpose of Bowser Barcelona, as well as for the extraction, data storage and marketing studies to adapt the content offered to the user, and improve the quality, performance and navigation through the Web Site.

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

Periods of retention of personal data

The personal data will only be retained for the minimum time necessary for the purposes of processing and, in any case, only for the following period: 2 years, or until the User requests its deletion.

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

Addressees of personal data

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

Amazon Web Services
Google Analytics

In case the Controller intends to transfer personal data to a third country or international organization, at the time the personal data are obtained, the User shall be informed about the third country or international organization to which the data are intended to be transferred, as well as the existence or absence of a decision of adequacy by the Commission.

Personal data of minors

Respecting the established in the articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years old will be able to give their consent to the treatment of their personal data in a legal way by Bowser Barcelona. If it is a minor under 14 years old, it will be necessary the consent of the parents or tutors for the treatment, and this will only be considered licit in the measure in which the same have authorized it.

Secret and security of personal data

Bowser Barcelona is committed to adopting the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and avoid the destruction, loss or accidental or unlawful alteration of personal data transmitted, stored or otherwise treated, or unauthorized communication or access to such data..

The Website has a SSL certificate (Secure Socket Layer), which ensures that personal data is transmitted safely and confidentially, as the transmission of data between the server and the User, and in feedback, fully encrypted or unencrypted.

However, since Bowser Barcelona cannot guarantee the impregnability of the Internet or the total absence of hackers or others who access personal data fraudulently, the Data Controller undertakes to inform the User without undue delay when a violation of the security of personal data occurs that is likely to involve a high risk to the rights and freedoms of individuals. In accordance with the provisions of article 4 of the RGPD, a violation of the security of personal data is understood to be any breach of security that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication of or access to such data.

The personal data will be treated as confidential by the person responsible for the treatment, who undertakes to inform and ensure through a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.

Treatment purposes for which the personal data are intended

The User has over Bowser Barcelona and may, therefore, exercise against the Responsible of the treatment the following rights recognized in the RGPD:

• Right of access: It is the right of the User to obtain confirmation of whether or not Bowser Barcelona is treating his personal data and, if so, to obtain information about his specific personal data and the treatment that Bowser Barcelona has carried out or will carry out, as well as, among other things, the information available about the origin of such data and the recipients of the communications made or planned.
• Right of rectification: It is the right of the User to have his personal data modified if they prove to be inaccurate or, taking into account the purposes of the treatment, incomplete.
• Right of suppression (“the right to forget”): This is the right of the User, provided that the legislation in force does not provide otherwise, to obtain the deletion of his/her personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his/her consent to the processing and the processing has no other 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 has been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to the deletion of the data, the data controller, taking into account the available technology and the cost of its implementation, shall take reasonable steps to inform the data controllers who are processing the personal data of the data subject’s request for the deletion of any link to such personal data.
• Right to limitation of treatment: It is the right of the User to limit the treatment of his personal data. The User has the right to obtain the limitation of the processing when he contests 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 case the processing is carried out by automated means, the User shall have the right to receive from the Data Controller his personal data in a structured format, of common use and mechanical reading, and to transmit them to another Data Controller. Whenever technically possible, the data controller shall transmit the data directly to that other controller.
• Right of opposition: It is the right of the User to not carry out the treatment of their personal data or cease the treatment of the same by Bowser Barcelona.
• Right not to be subject to a decision based solely on automated processing, including profiling: The User has the right not to be subject to an individualized decision based solely on the automated processing of his or her personal data, including profiling, unless otherwise provided for by law.

Thus, the User will be able to exercise his rights by means of a written communication addressed to the Responsible of the treatment with the reference “RGPD-www.bowserbcn.com”, specifying:

• Name, surname of the User and copy of the ID. In cases where representation is admitted, it will also be necessary to identify by the same means the person representing the User, as well as the document proving the representation. The photocopy of ID may be replaced by any other means valid in law that proves the identity.
• Request with the specific reasons for the request or information you want to access.
• Address for notifications.
• Date and signature of the applicant.
• Every document that accredits the request you make.

This application and any other attached document can be sent to the following address and/or e-mail:

Postal address:
Carrer Miquel Angel 120, Barcelona 08028
E-mail: shop@bowserbcn.com

Links to third party websites

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

Complaints to the control authority

If the User considers that there is a problem or infringement of the regulations in force in the way his personal data are being treated, he will be entitled to effective judicial protection 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 (http://www.agpd.es).

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 to accept the processing of personal data so that the person responsible for the treatment can proceed in the same way, during the periods and for the purposes indicated. The use of the Website will imply the acceptance of the Privacy Policy of the same.

Bowser Barcelona reserves the right to modify its Privacy Policy, according to its own criteria, or due to a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. It is recommended that the User consult this page periodically to keep abreast of the latest changes or updates.

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