Privacy Policy

WEBSITE PRIVACY POLICY

pokhara.tv

I. PRIVACY POLICY AND DATA PROTECTION

In compliance with the applicable legislation in force, Pokhara (hereinafter, also the Website) undertakes to adopt the necessary technical and organizational measures, in accordance with the level of security appropriate to the risk of the data collected.

Laws incorporated by 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 complies with the following rules:

  • 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).
  • Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights (LOPD-GDD).
  • Royal Decree 1720/2007, of 21 December, approving the Regulation implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).
  • Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the data controller

The controller of the personal data collected on Pokhara is: GRUPO EMPRESARIAL POKHARA S.L., holding NIF/CIF: B83974295, whose representative is: Alberto (hereinafter, the Data Controller). Their contact details are as follows:

Address: C\ Plomo 39. Pol. Ind. Antonio del Rincón. 45222. BOROX. TOLEDO. MADRID. SPAIN

Contact telephone: 925 527 443

Contact email: pokhara@pokhara.tv

Registration of Personal Data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Pokhara, through the forms available on its pages, will be incorporated and processed in our file in order to facilitate, expedite and fulfil the commitments established between Pokhara and the User, or to maintain the relationship established in the forms that the latter completes, or to attend to a request or query from the User. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is maintained specifying, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.

Principles applicable to the processing of personal data

The processing of the User’s personal data shall be subject to the following principles set out in Article 5 of the GDPR and in Article 4 et seq. of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights:

  • Principle of lawfulness, fairness and transparency: the User’s consent will be required at all times, after fully transparent information about the purposes for which the personal data are collected.
  • Principle of purpose limitation: personal data will be collected for specified, 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 processed.
  • Principle of accuracy: personal data must be accurate and always kept up to date.
  • Principle of storage limitation: personal data will only be kept in a way that allows the identification of the User for the time necessary for the purposes of their processing.
  • Principle of integrity and confidentiality: personal data will be processed in a way that guarantees their security and confidentiality.
  • Principle of accountability: the Data Controller will be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed on Pokhara are only identifying data. In no case are special categories of personal data processed within the meaning of Article 9 of the GDPR.

The categories of data processed on Pokhara are both identifying data and special categories of personal data within the meaning of Article 9 of the GDPR.

Special categories of personal data are understood to be those revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data aimed at uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

For the processing of special categories of personal data, the User’s explicit consent for one or more specific purposes will be required in all cases.

Legal basis for the processing of personal data

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

The User shall have the right to withdraw their 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 Website.

On occasions when the User must or may provide their data through forms to make queries, request information or for reasons related to the content of the Website, they will be informed if the completion of any of them is mandatory because they are essential for the correct performance of the operation carried out.

Purposes of the processing to which the personal data are intended

Personal data are collected and managed by Pokhara for the purpose of facilitating, expediting and fulfilling the commitments established between the Website and the User, or maintaining the relationship established in the forms that the latter completes, or to attend to a request or query.

Likewise, the data may be used for a commercial purpose of personalization, operation and statistics, and activities related to the corporate purpose of Pokhara, as well as for the extraction and storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.

At the moment the personal data are obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data are intended; that is, of the use or uses that will be made of the information collected.

Personal data retention periods

Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 12 meses, or until the User requests their deletion.

At the moment the personal data are 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.

Recipients of the personal data

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

In any case, at the moment the personal data are obtained, the User will be informed about the recipients or categories of recipients of the personal data.

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

Google Analytics

In the event that the Data Controller intends to transfer personal data to a third country or international organization, at the moment the personal data are obtained, the User will 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 an adequacy decision by the Commission.

Personal data of minors

In compliance with the provisions of Articles 8 of the GDPR and 7 of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, only those over 14 years of age may give their consent for the lawful processing of their personal data by Pokhara. If the User is under 14 years of age, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Pokhara undertakes to adopt the necessary technical and organizational measures, in accordance with the level of security appropriate to the risk of the data collected, so as to guarantee the security of personal data and prevent the destruction, loss or accidental or unlawful alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication of or access to such data.

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

However, because Pokhara cannot guarantee the impregnability of the internet nor the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a personal data security breach occurs that is likely to entail a high risk to the rights and freedoms of natural persons. In accordance with the provisions of Article 4 of the GDPR, a personal data security breach is understood to be any breach of security resulting in the destruction, loss or accidental or unlawful alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication of or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform of and guarantee, by means of a legal or contractual obligation, that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.

Rights arising from the processing of personal data

The User has over Pokhara and may therefore exercise against the Data Controller the following rights recognized in the GDPR and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights:

  • Right of access: This is the User’s right to obtain confirmation of whether or not Pokhara is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Pokhara has carried out or is carrying out, as well as, among others, the information available about the origin of such data and the recipients of the communications made or planned.
  • Right of rectification: This is the User’s right to have their personal data modified when they turn out to be inaccurate or, taking into account the purposes of the processing, incomplete.
  • Right of erasure («the right to be forgotten»): This is the User’s right, provided that the legislation in force does not establish otherwise, to obtain the erasure of their personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent to the processing and this has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data have been unlawfully processed; the personal data must be erased in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to erasing the data, the Data Controller, taking into account the available technology and the cost of its application, must take reasonable measures to inform the controllers who are processing the personal data of the data subject’s request to erase any link to those personal data.
  • Right to restriction of processing: This is the User’s right to restrict the processing of their personal data. The User has the right to obtain the restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs them to make claims; and when the User has objected to the processing.
  • Right to data portability: In the event that the processing is carried out by automated means, the User shall have the right to receive from the Data Controller their personal data in a structured, commonly used and machine-readable format, and to transmit them to another controller. Whenever technically possible, the Data Controller will transmit the data directly to that other controller.
  • Right to object: This is the User’s right for the processing of their personal data not to be carried out or for it to cease on the part of Pokhara.
  • Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualized decision based solely on the automated processing of their personal data, including profiling, unless the legislation in force establishes otherwise.

Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference «RGPD-pokhara.tv«, specifying:

  • Name, surname of the User and a copy of the ID document. In cases where representation is admitted, the identification by the same means of the person representing the User will also be necessary, as well as the document accrediting the representation. The photocopy of the ID document may be replaced by any other means valid in law that proves identity.
  • Request with the specific reasons for the application or information that is being sought.
  • Address for the purposes of notifications.
  • Date and signature of the applicant.
  • Any document that supports the request being made.

This application and any other attached document may be sent to the following address and/or email:

Postal address: C\ Plomo 39. Pol. Ind. Antonio del Rincón. 45222. BOROX. TOLEDO. MADRID. SPAIN

Email: pokhara@pokhara.tv

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites other than Pokhara, and which are therefore not operated by Pokhara. 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 before the supervisory authority

In the event that the User considers that there is a problem or infringement of the regulations in force in the way their personal data are being processed, they will have the right to effective judicial protection and to lodge a complaint before a supervisory authority, in particular in the State in which they have their 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 (https://www.aepd.es/).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary for the User to have read and to agree with the conditions on the protection of personal data contained in this Privacy Policy, as well as to accept the processing of their personal data so that the Data Controller may proceed with it in the manner, during the periods and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.

Pokhara reserves the right to modify its Privacy Policy, according to its own criteria, or prompted by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. The changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is recommended to consult this page periodically to be aware 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 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 with Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights.