Privacy and Data Protection Policy
1. General Provisions
This Privacy and Data Protection Policy has been drafted in accordance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD). It defines the procedure for the processing of personal data and the security measures undertaken by Ivan Shitkov (hereinafter, the "Data Controller").
1.1. The Data Controller's most important goal and condition for conducting its activities is the observance of human and citizen's rights and freedoms during the processing of their personal data, including the protection of the rights to privacy, personal and family secrecy.
1.2. This Policy of the Data Controller regarding the processing of personal data (hereinafter, the "Policy") applies to all information that the Data Controller may obtain about visitors to the website https://touchpointbody.com.
2. Core Definitions Used in the Policy
2.1. Automated processing of personal data — processing of personal data by means of computer technology.
2.2. Blocking of personal data — temporary cessation of the processing of personal data (except for cases where processing is necessary for the clarification of personal data).
2.3. Website — an aggregate of graphical and informational materials, as well as computer programs and databases that ensure their availability on the internet at the network address https://touchpointbody.com.
2.4. Personal data information system — an aggregate of personal data contained in databases and the information technologies and technical means ensuring their processing.
2.5. Anonymisation of personal data — actions as a result of which it is impossible to determine, without the use of additional information, the归属 of personal data to a specific User or other data subject.
2.6. Processing of personal data — any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
2.7. Data Controller — a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
2.8. Personal data — any information relating to a directly or indirectly identified or identifiable natural person (the "data subject") who is a visitor to the website https://touchpointbody.com.
2.9. Personal data authorised for dissemination — personal data to which access by an unlimited number of persons has been provided by the data subject by giving consent to the processing of such data for the purpose of dissemination in accordance with the GDPR and the LOPDGDD.
2.10. User — any visitor to the website https://touchpointbody.com.
2.11. Provision of personal data — actions aimed at disclosing personal data to a specific person or a specific circle of persons.
2.12. Dissemination of personal data — any actions aimed at disclosing personal data to an indefinite circle of persons.
2.13. Cross-border transfer of personal data — the transfer of personal data to the territory of a foreign state, to a foreign state authority, a foreign individual, or a foreign legal entity.
2.14. Destruction of personal data — any actions as a result of which personal data are irretrievably destroyed with no possibility of further restoring the content of said personal data in the personal data information system and/or the material carriers of personal data are destroyed.
3. Core Rights and Obligations of the Data Controller
3.1. The Data Controller has the right to:
— Receive from the data subject reliable information and/or documents containing personal data;
— Continue the processing of personal data without the data subject's consent in cases provided for by the GDPR and the LOPDGDD (e.g., compliance with a legal obligation, exercise or defence of legal claims);
— Independently determine the composition and list of measures necessary and sufficient to ensure the fulfilment of obligations under the GDPR and the LOPDGDD, unless otherwise provided by law.
3.2. The Data Controller is obliged to:
— Provide the data subject, upon his or her request, with information concerning the processing of his or her personal data;
— Organise the processing of personal data in accordance with the established procedure under applicable EU and Spanish law;
— Respond to petitions and inquiries from data subjects and their legal representatives in accordance with the requirements of the GDPR and the LOPDGDD;
— Cooperate with the Spanish Data Protection Agency (AEPD) and communicate the necessary information required by this authority within the legally established timeframe;
— Publish or otherwise ensure unrestricted access to this Policy;
— Implement appropriate legal, organisational, and technical measures to protect personal data from unauthorised or accidental access, destruction, modification, blocking, copying, provision, dissemination, as well as from other unlawful actions in relation to personal data;
— Cease the transfer (dissemination, provision, access) of personal data, cease processing, and destroy personal data in the manner and cases provided for by the GDPR and the LOPDGDD;
— Perform other duties stipulated by the GDPR and the LOPDGDD.
4. Core Rights and Obligations of Data Subjects
4.1. Data Subjects have the right to:
— Obtain information regarding the processing of their personal data, except in cases provided for by federal law. The information shall be provided to the data subject by the Data Controller in an accessible form and shall not contain personal data relating to other data subjects, except in cases where there are legitimate grounds for the disclosure of such personal data;
— Require the Data Controller to clarify, block, or destroy their personal data if the data is incomplete, outdated, inaccurate, illegally obtained, or not necessary for the stated purpose of processing, and to take statutory measures to protect their rights;
— Impose a condition of prior consent when processing personal data for the purpose of marketing goods, works, and services;
— Withdraw consent to the processing of personal data, as well as to submit a demand to cease the processing of personal data;
— Lodge a complaint with the Spanish Data Protection Agency (AEPD) or seek judicial redress against unlawful acts or omissions of the Data Controller in the processing of their personal data;
— Exercise other rights provided for by applicable law.
4.2. Data Subjects are obliged to:
— Provide the Data Controller with accurate data about themselves;
— Notify the Data Controller about the clarification (updating, modification) of their personal data.
4.3. Persons who have provided the Data Controller with inaccurate information about themselves, or information about another data subject without the latter's consent, shall be held liable in accordance with applicable law.
5. Principles of Personal Data Processing
5.1. Processing is carried out lawfully, fairly, and transparently.
5.2. Processing is limited to the achievement of specific, predetermined, and legitimate purposes. Processing incompatible with the purposes of personal data collection is not permitted.
5.3. The merging of databases containing personal data processed for incompatible purposes is not permitted.
5.4. Only personal data that fulfils the purposes of its processing is subject to processing.
5.5. The content and scope of the processed personal data correspond to the stated purposes of processing. Redundancy of the processed personal data in relation to the stated purposes of its processing is not permitted.
5.6. Accuracy, sufficiency, and, where necessary, relevance of personal data in relation to the purposes of processing are ensured. The Data Controller takes necessary measures and/or ensures their adoption for the erasure or clarification of incomplete or inaccurate data.
5.7. Storage of personal data is carried out in a form that allows identification of the data subject for no longer than required by the purposes of personal data processing, unless the storage period is established by law, a contract to which the data subject is a party, beneficiary, or guarantor. Processed personal data is destroyed or anonymised upon achievement of the processing purposes or in case of loss of necessity for achieving these purposes, unless otherwise provided by law.
6. Purposes of Personal Data Processing
Purpose of processing Informing the User via email communications
Personal data Surname, Name, Patronymic Telephone numbers Instagram account username
Legal basis The User's consent (Article 6(1)(a) GDPR) for sending communications.
Types of processing Sending informational emails.
7. Conditions for Personal Data Processing
7.1. Processing is carried out with the consent of the data subject to the processing of his or her personal data.
7.2. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
7.3. Processing is necessary for compliance with a legal obligation to which the Data Controller is subject.
7.4. Processing is necessary in order to protect the vital interests of the data subject or of another natural person.
7.5. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller.
7.6. Processing is necessary for the purposes of the legitimate interests pursued by the Data Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.
7.7. Processing of personal data to which access has been provided by an unlimited circle of persons by the data subject or at his/her request (hereinafter, "publicly available personal data") is carried out.
8. Procedure for Collection, Storage, Transfer, and Other Types of Processing
The security of personal data processed by the Data Controller is ensured through the implementation of legal, organisational, and technical measures necessary to fully comply with the requirements of the current legislation in the field of personal data protection.
8.1. The Data Controller ensures the confidentiality of personal data and takes all reasonable measures to prevent access to personal data by unauthorised persons.
8.2. The User's personal data will not, under any circumstances, be transferred to third parties, except in cases related to the execution of applicable law or in cases where the data subject has given consent to the Data Controller for the transfer of data to a third party for the performance of obligations under a civil law contract.
8.3. In case inaccuracies in personal data are identified, the User may update them independently by sending a notification to the Data Controller's email address touchpointbody@gmail.com with the subject line "Update of personal data".
8.4. The period for processing personal data is determined by the achievement of the purposes for which the personal data was collected, unless a different period is provided for by the contract or applicable law. The User may at any time withdraw their consent to the processing of personal data by sending a notification to the Data Controller via email to touchpointbody@gmail.com with the subject line "Withdrawal of consent to the processing of personal data".
8.5. All information collected by third-party services, including payment systems, communication tools, and other service providers, is stored and processed by said persons (Data Controllers) in accordance with their User Agreement and Privacy Policy. The data subject is obliged to independently familiarise themselves with said documents. The Data Controller shall not be held liable for the actions of third parties, including the service providers mentioned in this clause.
8.6. Prohibitions established by the data subject on the transfer (except for granting access), as well as on the processing or conditions of processing (except for obtaining access) of personal data authorised for dissemination, shall not apply in cases of processing of personal data in the public interest, as defined by the legislation of the EU and Spain.
8.7. The Data Controller, when processing personal data, ensures the confidentiality of personal data.
8.8. The Data Controller stores personal data in a form that allows identification of the data subject for no longer than required by the purposes of personal data processing, unless the storage period is established by law, a contract to which the data subject is a party, beneficiary, or guarantor.
8.9. The cessation of personal data processing may be conditioned upon the achievement of the processing purposes, the expiration of the data subject's consent, the withdrawal of consent by the data subject, a demand to cease the processing of personal data, or the identification of unlawful processing of personal data.
9. Inventory of Actions Performed by the Data Controller with the Received Personal Data
9.1. The Data Controller performs: collection, recording, systematisation, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (dissemination, provision, access), anonymisation, blocking, deletion, and destruction of personal data.
9.2. The Data Controller performs automated processing of personal data with the receipt and/or transmission of the obtained information via information and telecommunication networks or without it.
10. Cross-Border Transfer of Personal Data
10.1. Prior to commencing activities related to the cross-border transfer of personal data, the Data Controller is obliged to notify the Spanish Data Protection Agency (AEPD) of its intention to carry out cross-border transfers of personal data.
10.2. Prior to submitting the aforementioned notification, the Data Controller is obliged to obtain relevant information from the authorities of the foreign state, foreign individuals, foreign legal entities to whom the cross-border transfer of personal data is planned.
11. Confidentiality of Personal Data
The Data Controller and other persons who have gained access to personal data are obliged not to disclose to third parties and not to disseminate personal data without the consent of the data subject, unless otherwise provided by law.
12. Final Provisions
12.1. The User can obtain any clarifications on questions of interest regarding the processing of their personal data by contacting the Data Controller via email at touchpointbody@gmail.com.
12.2. This document will reflect any changes to the Data Controller's personal data processing policy. The Policy is valid indefinitely until replaced by a new version.
12.3. The current version of the Policy is freely available on the Internet at http://touchpointbody.com/privacy/popup/en
This Privacy and Data Protection Policy has been drafted in accordance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD). It defines the procedure for the processing of personal data and the security measures undertaken by Ivan Shitkov (hereinafter, the "Data Controller").
1.1. The Data Controller's most important goal and condition for conducting its activities is the observance of human and citizen's rights and freedoms during the processing of their personal data, including the protection of the rights to privacy, personal and family secrecy.
1.2. This Policy of the Data Controller regarding the processing of personal data (hereinafter, the "Policy") applies to all information that the Data Controller may obtain about visitors to the website https://touchpointbody.com.
2. Core Definitions Used in the Policy
2.1. Automated processing of personal data — processing of personal data by means of computer technology.
2.2. Blocking of personal data — temporary cessation of the processing of personal data (except for cases where processing is necessary for the clarification of personal data).
2.3. Website — an aggregate of graphical and informational materials, as well as computer programs and databases that ensure their availability on the internet at the network address https://touchpointbody.com.
2.4. Personal data information system — an aggregate of personal data contained in databases and the information technologies and technical means ensuring their processing.
2.5. Anonymisation of personal data — actions as a result of which it is impossible to determine, without the use of additional information, the归属 of personal data to a specific User or other data subject.
2.6. Processing of personal data — any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
2.7. Data Controller — a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
2.8. Personal data — any information relating to a directly or indirectly identified or identifiable natural person (the "data subject") who is a visitor to the website https://touchpointbody.com.
2.9. Personal data authorised for dissemination — personal data to which access by an unlimited number of persons has been provided by the data subject by giving consent to the processing of such data for the purpose of dissemination in accordance with the GDPR and the LOPDGDD.
2.10. User — any visitor to the website https://touchpointbody.com.
2.11. Provision of personal data — actions aimed at disclosing personal data to a specific person or a specific circle of persons.
2.12. Dissemination of personal data — any actions aimed at disclosing personal data to an indefinite circle of persons.
2.13. Cross-border transfer of personal data — the transfer of personal data to the territory of a foreign state, to a foreign state authority, a foreign individual, or a foreign legal entity.
2.14. Destruction of personal data — any actions as a result of which personal data are irretrievably destroyed with no possibility of further restoring the content of said personal data in the personal data information system and/or the material carriers of personal data are destroyed.
3. Core Rights and Obligations of the Data Controller
3.1. The Data Controller has the right to:
— Receive from the data subject reliable information and/or documents containing personal data;
— Continue the processing of personal data without the data subject's consent in cases provided for by the GDPR and the LOPDGDD (e.g., compliance with a legal obligation, exercise or defence of legal claims);
— Independently determine the composition and list of measures necessary and sufficient to ensure the fulfilment of obligations under the GDPR and the LOPDGDD, unless otherwise provided by law.
3.2. The Data Controller is obliged to:
— Provide the data subject, upon his or her request, with information concerning the processing of his or her personal data;
— Organise the processing of personal data in accordance with the established procedure under applicable EU and Spanish law;
— Respond to petitions and inquiries from data subjects and their legal representatives in accordance with the requirements of the GDPR and the LOPDGDD;
— Cooperate with the Spanish Data Protection Agency (AEPD) and communicate the necessary information required by this authority within the legally established timeframe;
— Publish or otherwise ensure unrestricted access to this Policy;
— Implement appropriate legal, organisational, and technical measures to protect personal data from unauthorised or accidental access, destruction, modification, blocking, copying, provision, dissemination, as well as from other unlawful actions in relation to personal data;
— Cease the transfer (dissemination, provision, access) of personal data, cease processing, and destroy personal data in the manner and cases provided for by the GDPR and the LOPDGDD;
— Perform other duties stipulated by the GDPR and the LOPDGDD.
4. Core Rights and Obligations of Data Subjects
4.1. Data Subjects have the right to:
— Obtain information regarding the processing of their personal data, except in cases provided for by federal law. The information shall be provided to the data subject by the Data Controller in an accessible form and shall not contain personal data relating to other data subjects, except in cases where there are legitimate grounds for the disclosure of such personal data;
— Require the Data Controller to clarify, block, or destroy their personal data if the data is incomplete, outdated, inaccurate, illegally obtained, or not necessary for the stated purpose of processing, and to take statutory measures to protect their rights;
— Impose a condition of prior consent when processing personal data for the purpose of marketing goods, works, and services;
— Withdraw consent to the processing of personal data, as well as to submit a demand to cease the processing of personal data;
— Lodge a complaint with the Spanish Data Protection Agency (AEPD) or seek judicial redress against unlawful acts or omissions of the Data Controller in the processing of their personal data;
— Exercise other rights provided for by applicable law.
4.2. Data Subjects are obliged to:
— Provide the Data Controller with accurate data about themselves;
— Notify the Data Controller about the clarification (updating, modification) of their personal data.
4.3. Persons who have provided the Data Controller with inaccurate information about themselves, or information about another data subject without the latter's consent, shall be held liable in accordance with applicable law.
5. Principles of Personal Data Processing
5.1. Processing is carried out lawfully, fairly, and transparently.
5.2. Processing is limited to the achievement of specific, predetermined, and legitimate purposes. Processing incompatible with the purposes of personal data collection is not permitted.
5.3. The merging of databases containing personal data processed for incompatible purposes is not permitted.
5.4. Only personal data that fulfils the purposes of its processing is subject to processing.
5.5. The content and scope of the processed personal data correspond to the stated purposes of processing. Redundancy of the processed personal data in relation to the stated purposes of its processing is not permitted.
5.6. Accuracy, sufficiency, and, where necessary, relevance of personal data in relation to the purposes of processing are ensured. The Data Controller takes necessary measures and/or ensures their adoption for the erasure or clarification of incomplete or inaccurate data.
5.7. Storage of personal data is carried out in a form that allows identification of the data subject for no longer than required by the purposes of personal data processing, unless the storage period is established by law, a contract to which the data subject is a party, beneficiary, or guarantor. Processed personal data is destroyed or anonymised upon achievement of the processing purposes or in case of loss of necessity for achieving these purposes, unless otherwise provided by law.
6. Purposes of Personal Data Processing
Purpose of processing Informing the User via email communications
Personal data Surname, Name, Patronymic Telephone numbers Instagram account username
Legal basis The User's consent (Article 6(1)(a) GDPR) for sending communications.
Types of processing Sending informational emails.
7. Conditions for Personal Data Processing
7.1. Processing is carried out with the consent of the data subject to the processing of his or her personal data.
7.2. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
7.3. Processing is necessary for compliance with a legal obligation to which the Data Controller is subject.
7.4. Processing is necessary in order to protect the vital interests of the data subject or of another natural person.
7.5. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller.
7.6. Processing is necessary for the purposes of the legitimate interests pursued by the Data Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.
7.7. Processing of personal data to which access has been provided by an unlimited circle of persons by the data subject or at his/her request (hereinafter, "publicly available personal data") is carried out.
8. Procedure for Collection, Storage, Transfer, and Other Types of Processing
The security of personal data processed by the Data Controller is ensured through the implementation of legal, organisational, and technical measures necessary to fully comply with the requirements of the current legislation in the field of personal data protection.
8.1. The Data Controller ensures the confidentiality of personal data and takes all reasonable measures to prevent access to personal data by unauthorised persons.
8.2. The User's personal data will not, under any circumstances, be transferred to third parties, except in cases related to the execution of applicable law or in cases where the data subject has given consent to the Data Controller for the transfer of data to a third party for the performance of obligations under a civil law contract.
8.3. In case inaccuracies in personal data are identified, the User may update them independently by sending a notification to the Data Controller's email address touchpointbody@gmail.com with the subject line "Update of personal data".
8.4. The period for processing personal data is determined by the achievement of the purposes for which the personal data was collected, unless a different period is provided for by the contract or applicable law. The User may at any time withdraw their consent to the processing of personal data by sending a notification to the Data Controller via email to touchpointbody@gmail.com with the subject line "Withdrawal of consent to the processing of personal data".
8.5. All information collected by third-party services, including payment systems, communication tools, and other service providers, is stored and processed by said persons (Data Controllers) in accordance with their User Agreement and Privacy Policy. The data subject is obliged to independently familiarise themselves with said documents. The Data Controller shall not be held liable for the actions of third parties, including the service providers mentioned in this clause.
8.6. Prohibitions established by the data subject on the transfer (except for granting access), as well as on the processing or conditions of processing (except for obtaining access) of personal data authorised for dissemination, shall not apply in cases of processing of personal data in the public interest, as defined by the legislation of the EU and Spain.
8.7. The Data Controller, when processing personal data, ensures the confidentiality of personal data.
8.8. The Data Controller stores personal data in a form that allows identification of the data subject for no longer than required by the purposes of personal data processing, unless the storage period is established by law, a contract to which the data subject is a party, beneficiary, or guarantor.
8.9. The cessation of personal data processing may be conditioned upon the achievement of the processing purposes, the expiration of the data subject's consent, the withdrawal of consent by the data subject, a demand to cease the processing of personal data, or the identification of unlawful processing of personal data.
9. Inventory of Actions Performed by the Data Controller with the Received Personal Data
9.1. The Data Controller performs: collection, recording, systematisation, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (dissemination, provision, access), anonymisation, blocking, deletion, and destruction of personal data.
9.2. The Data Controller performs automated processing of personal data with the receipt and/or transmission of the obtained information via information and telecommunication networks or without it.
10. Cross-Border Transfer of Personal Data
10.1. Prior to commencing activities related to the cross-border transfer of personal data, the Data Controller is obliged to notify the Spanish Data Protection Agency (AEPD) of its intention to carry out cross-border transfers of personal data.
10.2. Prior to submitting the aforementioned notification, the Data Controller is obliged to obtain relevant information from the authorities of the foreign state, foreign individuals, foreign legal entities to whom the cross-border transfer of personal data is planned.
11. Confidentiality of Personal Data
The Data Controller and other persons who have gained access to personal data are obliged not to disclose to third parties and not to disseminate personal data without the consent of the data subject, unless otherwise provided by law.
12. Final Provisions
12.1. The User can obtain any clarifications on questions of interest regarding the processing of their personal data by contacting the Data Controller via email at touchpointbody@gmail.com.
12.2. This document will reflect any changes to the Data Controller's personal data processing policy. The Policy is valid indefinitely until replaced by a new version.
12.3. The current version of the Policy is freely available on the Internet at http://touchpointbody.com/privacy/popup/en