I. PRIVACY AND DATA PROTECTION POLICY

In accordance with applicable law, Foamtec (hereinafter also referred to as the “Website”) undertakes to implement the technical and organizational measures necessary to ensure a level of security appropriate to the risks associated with the personal data collected.

Legislation Governing This Privacy Policy

This Privacy Policy has been prepared in accordance with current Spanish and European legislation governing the protection of personal data online. In particular, it complies with the following laws and regulations:

Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data—the General Data Protection Regulation (GDPR).

Spanish Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).

Spanish Royal Decree 1720/2007 of December 21, approving the regulations implementing Organic Law 15/1999 of December 13 on the Protection of Personal Data (RDLOPD).

Spanish Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the Personal Data Controller

The controller responsible for processing the personal data collected through Foamtec is Foamtec Adhesive, S.L., holder of Spanish Tax Identification Number (NIF) B64799349 and registered with the Barcelona Commercial Registry under the following registration details: Entry No. 363014, Volume 40305, Folio 0138. Its legal representative is Gonzalo Mendez Delgado (hereinafter, the “Data Controller”).

The Data Controller’s contact information is as follows:

Address: C/ Benet Mateu 40, Sarrià-Sant Gervasi, 08034 Barcelona, Spain

Telephone: +34 93 544 16 37

Email: mendez@foamtec.es

Personal Data Processing Records

In compliance with the GDPR and the LOPD-GDD, Users are hereby informed that any personal data collected by Foamtec through forms made available on its Website will be incorporated into and processed within Foamtec’s records. This processing is carried out in order to facilitate, manage, and fulfill the commitments established between Foamtec and the User, maintain the relationship arising from the forms completed by the User, or respond to the User’s requests or inquiries.

In addition, pursuant to the GDPR and the LOPD-GDD, and unless the exception provided for in Article 30(5) of the GDPR applies, Foamtec maintains a record of its processing activities. This record identifies the processing operations carried out according to their respective purposes and includes the other information required under the GDPR.

Principles Governing the Processing of Personal Data

The processing of the User’s personal data shall be subject to the principles established in Article 5 of the GDPR and Article 4 et seq. of Spanish Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights:

• Lawfulness, fairness, and transparency: The User’s consent shall be obtained whenever required, after the User has been provided with clear and transparent information regarding the purposes for which their personal data is collected.
• Purpose limitation: Personal data shall be collected for specified, explicit, and legitimate purposes.
• Data minimization: Only personal data that is strictly necessary for the purposes for which it is processed shall be collected.
• Accuracy: Personal data must be accurate and kept up to date.
• Storage limitation: Personal data shall be retained in a form that permits identification of the User only for as long as necessary for the purposes for which it is processed.
• Integrity and confidentiality: Personal data shall be processed in a manner that ensures its security and confidentiality.
• Accountability: The Data Controller shall be responsible for ensuring compliance with the foregoing principles.

Categories of Personal Data

The categories of data processed by Foamtec are limited exclusively to identification data. Foamtec does not process any special categories of personal data within the meaning of Article 9 of the GDPR.

Legal Basis for Processing Personal Data

The legal basis for processing personal data is the User’s consent. Foamtec undertakes to obtain the User’s express and verifiable consent before processing their personal data for one or more specified purposes.

The User may withdraw their consent at any time. Withdrawing consent shall be as easy as providing it. As a general rule, withdrawal of consent shall not affect the User’s ability to use the Website.

Whenever the User is required or permitted to provide personal data through forms in order to submit inquiries, request information, or for purposes related to the Website’s content, the User will be informed whether completion of any field is mandatory because the information is necessary to properly process the relevant request or transaction.

Purposes for Which Personal Data Is Processed

Personal data is collected and managed by Foamtec in order to facilitate, manage, and fulfill the commitments established between the Website and the User; maintain the relationship arising from the forms completed by the User; and respond to requests or inquiries submitted by the User.

The data may also be used for commercial, personalization, operational, and statistical purposes; for activities related to Foamtec’s corporate purpose; and for data extraction and storage and market research. These activities are intended to tailor the Content offered to the User and improve the quality, functionality, and navigation of the Website.

When personal data is collected, the User will be informed of the specific purpose or purposes for which it will be processed; that is, the intended use or uses of the information collected.

Personal Data Retention Periods

Personal data shall be retained only for the minimum period necessary to fulfill the purposes for which it is processed and, in any event, for no longer than 24 months, unless the User requests its deletion before the end of that period.

When personal data is collected, the User will be informed of the period for which the data will be retained or, when this is not possible, of the criteria used to determine that period.

Recipients of Personal Data

The User’s personal data will not be shared with third parties.

In all cases, when personal data is collected, the User will be informed of the recipients or categories of recipients of the personal data.

Personal Data of Minors

In accordance with Article 8 of the GDPR and Article 7 of Spanish Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights, only individuals over the age of 14 may lawfully consent to the processing of their personal data by Foamtec.

For individuals under the age of 14, the consent of a parent or legal guardian will be required, and the processing of their personal data shall be lawful only to the extent that such processing has been authorized by the parent or legal guardian.

Confidentiality and Security of Personal Data

Foamtec undertakes to implement the technical and organizational measures necessary to ensure a level of security appropriate to the risks associated with the personal data collected. These measures are intended to safeguard personal data and prevent its accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or unauthorized access, whether the data is transmitted, stored, or otherwise processed.

The Website uses an SSL—Secure Sockets Layer—certificate to ensure that personal data is transmitted securely and confidentially. Communications between the server and the User, in both directions, are fully encrypted.

However, because Foamtec cannot guarantee that the internet is completely secure or that hackers or other unauthorized parties will never gain fraudulent access to personal data, the Data Controller undertakes to notify the User without undue delay of any personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons.

For the purposes of Article 4 of the GDPR, a personal data breach means a breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored, or otherwise processed.

Personal data shall be treated as confidential by the Data Controller. The Data Controller undertakes to inform its employees, associates, and any other persons granted access to the information of this obligation and to ensure, through legal or contractual obligations, that such confidentiality is maintained.

Rights Arising from the Processing of Personal Data

The User may exercise the following rights against Foamtec and the Data Controller, as recognized under the GDPR and Spanish Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights:

• Right of access: The User has the right to obtain confirmation as to whether Foamtec is processing their personal data. When such processing is taking place, the User has the right to obtain information concerning the specific personal data being processed, the processing activities carried out by Foamtec, the available information regarding the source of the data, and the recipients to whom the data has been or is expected to be disclosed.
• Right to rectification: The User has the right to have inaccurate personal data corrected and, taking into account the purposes of the processing, to have incomplete personal data completed.
• Right to erasure—“right to be forgotten”: Unless otherwise provided by applicable law, the User has the right to obtain the deletion of their personal data when:
• The personal data is no longer necessary for the purposes for which it was collected or processed.
• The User withdraws the consent on which the processing is based and there is no other legal basis for the processing.
• The User objects to the processing and there are no overriding legitimate grounds for continuing it.
• The personal data has been unlawfully processed.
• The personal data must be deleted in order to comply with a legal obligation.
• The personal data was collected in connection with the direct offering of information society services to a child under the age of 14.

In addition to deleting the personal data, the Data Controller shall, taking into account the available technology and the cost of implementation, take reasonable steps to inform other controllers processing the data that the data subject has requested the deletion of any links to, copies of, or reproductions of that personal data.

• Right to restriction of processing: The User has the right to restrict the processing of their personal data when:
• The User disputes the accuracy of the personal data.
• The processing is unlawful.
• The Data Controller no longer requires the personal data, but the User requires it for the establishment, exercise, or defense of legal claims.
• The User has objected to the processing, pending verification of whether the Data Controller’s legitimate grounds override those of the User.
• Right to data portability: When processing is carried out by automated means, the User has the right to receive their personal data from the Data Controller in a structured, commonly used, and machine-readable format and to transmit that data to another controller. Where technically feasible, the Data Controller shall transmit the personal data directly to the other controller.
• Right to object: The User has the right to object to the processing of their personal data or to require Foamtec to discontinue such processing.
• Right not to be subject to automated decision-making, including profiling: Unless otherwise permitted by applicable law, the User has the right not to be subject to a decision based solely on the automated processing of their personal data, including profiling, that produces legal effects concerning the User or similarly significantly affects them.

The User may exercise these rights by submitting a written request to the Data Controller with the reference “GDPR-www.foamtec.es” and including the following information:

• The User’s first and last name and a copy of their Spanish National Identity Document—DNI. When representation is legally permitted, the representative must also provide identification in the same manner, together with documentation proving their authority to act on behalf of the User. A copy of the DNI may be replaced by any other legally valid means of proving identity.
• A description of the request, including the specific reasons for the request or the information to which access is sought.
• An address for notification purposes.
• The date and signature of the applicant.
• Any supporting documentation relevant to the request.

The request and any accompanying documentation may be submitted to the following postal or email address:

Postal address: C/ Benet Mateu 40, Sarrià-Sant Gervasi, 08034 Barcelona, Spain

Email: mendez@foamtec.es

Links to Third-Party Websites

The Website may include hyperlinks or links providing access to websites operated by third parties other than Foamtec. Such websites are not operated by Foamtec.

The owners of those websites maintain their own data protection policies and are responsible, in each case, for their own data records and privacy practices.

Complaints to a Supervisory Authority

When the User believes that there is a problem with, or a breach of, applicable data protection regulations in connection with the processing of their personal data, the User has the right to an effective judicial remedy and to lodge a complaint with a supervisory authority.

The User may lodge such a complaint, in particular, in the European Union Member State of their habitual residence, place of work, or the location of the alleged infringement.

In Spain, the competent supervisory authority is the Spanish Data Protection Agency—Agencia Española de Protección de Datos, or AEPD—at https://www.aepd.es/.

II. ACCEPTANCE OF AND CHANGES TO THIS PRIVACY POLICY

The User must read and agree to the personal data protection provisions contained in this Privacy Policy and consent to the processing of their personal data so that the Data Controller may process it in the manner, for the periods, and for the purposes described herein.

Use of the Website constitutes acceptance of this Privacy Policy.

Foamtec reserves the right to amend its Privacy Policy at its sole discretion or as a result of legislative, judicial, or regulatory changes, including changes in the interpretations or guidance issued by the Spanish Data Protection Agency.

Changes or updates to this Privacy Policy will not be expressly communicated to the User. Users are therefore encouraged to review this page periodically in order to remain informed of the latest changes or updates.

This Privacy Policy was updated to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data—the GDPR—and Spanish Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights.

This Website Privacy Policy was last updated on May 5, 2022.