General Information on Data Protection (English)

 Introduction

This information has been developed taking into account the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD), as well as Regulation 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 (hereinafter, GDPR). This Privacy Policy aims to inform data subjects, from whom information is being collected, about the specific aspects related to the processing of their data, including, among other things, the purposes of the processing, contact details for exercising their rights, data retention periods, and security measures.

This policy will apply both to information collected directly through the different services of the San Bartolomé de Tirajana City Council, as well as through its website www.maspalomas.com and other websites or electronic offices owned by the municipality.

Treatment

The personal data requested, if any, will consist solely of that which is strictly necessary to identify and respond to the request made by the data subject. This information will be processed fairly, lawfully, and transparently in relation to the data subject. Furthermore, personal data will be collected for specified, explicit, and legitimate purposes and will not be further processed in a manner incompatible with those purposes.

The data collected from each data subject will be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed, and will be kept up to date as required.

Prior to the collection of their data, data subjects will be informed of the basic and supplementary information on data protection required by Article 13 of the GDPR, so that they can provide explicit, specific, and unambiguous consent to the processing of their data, in accordance with the following aspects.

The San Bartolomé de Tirajana City Council, as the Data Controller, guarantees an adequate and consistent level of protection for the privacy and confidentiality of individuals with regard to their personal data, which is processed by the various municipal departments of the City Council for local administrative management. The privacy of all information, both that provided by the user through the various personal data request forms and that accessible through the City Council's websites, is regulated by the GDPR.

Data Controller

In terms of data protection, the San Bartolomé de Tirajana City Council must be considered the Data Controller with respect to files/processing activities registered before 2016 in the Public Register of Files of the Spanish Data Protection Agency. The identifying details of the owner of this website are as follows: San Bartolomé de Tirajana City Council, with postal address: Plaza Timanfaya, s/n - San Fernando Maspalomas, Postal Code: 38530 - San Bartolomé de Tirajana.

 Consent

As a general rule, prior to processing personal data, the San Bartolomé de Tirajana City Council obtains the express and unequivocal consent of the data subject by incorporating informed consent clauses into the various information collection systems. The data subject's signature on the request constitutes proof of their explicit consent to the processing of their data. However, if the data subject's consent is not required, the legal basis for processing on which the San Bartolomé de Tirajana City Council relies is the existence of a specific law or regulation that authorizes or requires the processing of the data subject's data.

The processing of personal data requires the data subject's consent for one or more specific purposes. Likewise, processing will be lawful for compliance with a legal obligation to which the controller is subject, for a task carried out in the public interest, or in the exercise of official authority vested in the controller.

The data subject's consent is considered to be any freely given, specific, informed, and unambiguous indication of their wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

For the purposes of demonstrating consent, the data subject's signature on the relevant form, application, request, or document shall be deemed to have been given.

The data subject shall have the right to withdraw their consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Before giving their consent, the data subject shall be informed of this.

Purpose

The San Bartolomé de Tirajana City Council will use the data for the purposes of attending to, managing, monitoring, and resolving inquiries and requests for procedures or services provided in municipal administrative processes. The processed data will be kept until the request has been processed and the inquiry resolved, and in any case, for the legally established retention and limitation periods.

The specific purposes for which each processing activity is carried out are detailed in the information clauses included in each data collection method (web forms, paper forms, recorded messages, or information notices and posters).

However, the personal data of the interested party will be processed solely for the purpose of providing an effective response and addressing the requests made by the user, as specified alongside the option, service, form, or data collection system used by the data subject.

The following general functions are outlined:

MANAGEMENT OF TAXPAYERS: Tax management, public prices, and traffic fines. Data necessary for carrying out economic and accounting management, auditing, billing, budget management, treasury management, and economic planning specific to a City Council.

MANAGEMENT OF OWNERS OF DANGEROUS ANIMALS: Processing and granting of licenses for keeping potentially dangerous animals.

MANAGEMENT OF CIVIL MARRIAGES: Processing and management of civil marriage ceremonies.

MUNICIPAL REGISTER OF RESIDENTS: Management of the municipal register of residents. Verification of residence and habitual address. Electoral census. Support for the exercise of municipal powers. Statistical studies.CHILDCARE MANAGEMENT. Manage the admission, operation, and billing of the nursery school.

HUMAN RESOURCES MANAGEMENT. Manage municipal staff (civil servants and contract workers) for timekeeping, vacations, leave, sick leave, and other absences. Disciplinary procedures. Conflicts of interest. Processing of employee benefits.

LIFE AND ACCIDENT INSURANCE MANAGEMENT. Process accident and liability insurance for the beneficiary staff listed in the insurance policy.

PAYROLL MANAGEMENT. Manage and process payroll for municipal staff (civil servants and contract workers).

STAFFING MANAGEMENT. Fill vacant positions within the municipal government (civil servants and contract workers). Manage human resources in the employee selection process. Analyze the suitability of candidates for available vacancies. Data is not used for automated decision-making. Candidate Management. Management of the entire competitive examination process.

Municipal Procurement Management. Management of supplier contracts for the provision of services to the city council.

Sports Activities Management. Management of admissions, operation, and invoicing for sports activities managed by the city council.

Municipal License Management. Processing of applications for declarations of responsibility, activity licenses, urban planning consultations, and prior notifications.URBAN PLANNING MANAGEMENT. Administrative management of the Municipal Urban Planning Service and the Technical Office of the Municipality of Candelaria through the granting of Opening Licenses, First Occupancy Licenses, Certificates of Habitability, Building Permits, Urban Planning Sanctioning Proceedings, Certificates of Antiquity, Enforcement Orders, and Ruin and Land Division Proceedings.

LOCAL DEVELOPMENT AND ECONOMIC PROMOTION MANAGEMENT. Comprehensive support for entrepreneurship by advising, promoting, and supporting the creation and consolidation of new businesses. Training and support for entrepreneurs and businesses through workshops, seminars, and other activities of special interest to the entrepreneurial ecosystem.

INCOMING/OUTGOING DOCUMENT MANAGEMENT. Control of all documents entering or leaving the Town Hall.

VIDEO SURVEILLANCE MANAGEMENT. Ensuring the security of municipal buildings through perimeter and access video surveillance.

Municipal Cemetery Management: Occupancy, billing, and maintenance.

Protection of Victims of Domestic Violence: through the application of police measures.MONITORING OF MINORS: Monitoring of minors in social conflict for the prevention of delinquency.

LOCAL POLICE MEDIATION MANAGEMENT: Management of the mediation process, as well as intervention as mediators under the terms established by Law 5/2012, of July 6, on mediation in civil and commercial matters.

ACCESS CONTROL: The purpose of processing personal data is to guarantee the security of facilities, premises, and people. This also includes the registration and control of visits.

LOCAL POLICE VIDEO SURVEILLANCE MANAGEMENT: Ensuring security in authorized public spaces through video surveillance. Ensuring the security of police premises through exterior, traffic, and pedestrian video surveillance.

MANAGEMENT OF SOCIAL SERVICES. Management of applications, processing, and resolution of social assistance benefits such as emergency assistance, home care, municipal subsidies, legal aid, psychological support, social work services, support for families at risk, home care, dependency care, social inclusion, loans of assistive devices, shelters, social housing, and social integration.

Consumer Information Office (OMIC). Reception and management of complaints, claims, and reports from consumers or users to the appropriate individuals and/or organizations. Assistance and guidance for the protection of consumer rights and interests. Mediation. Training and education. Inspection activities. Promotion of consumer associations.

ENVIRONMENT. Management of various rural activity programs, including courses on handling plant protection products, pottery, and participants in guided tours.

HEALTH. Inspections and preparation of health reports related to public health, food handler courses, smoking cessation programs, therapeutic swimming, and health campaigns.

CULTURE. Management of library members and users, workshops, courses, the youth center, and other socio-cultural activities offered and organized by the San Bartolomé de Tirajana City Council.

Legitimation of the processing

The legal basis for data processing will depend on the intended purpose, in accordance with the General Data Protection Regulation (GDPR) 2016/679, and may be the express and unambiguous consent given by the user, for the performance of a contract, in compliance with a legal obligation, in the performance of a task carried out in the public interest, or in the exercise of official authority. In general, these are:

Article 6.1.a GDPR. The data subject has given consent to the processing of his or her personal data for one or more specific purposes.

Article 6.1.b GDPR. Processing is necessary for the performance of a contract to which the data subject is a party.

Article 6.1.c GDPR. Processing is necessary for compliance with a legal obligation to which the controller is subject.

Article 6.1.d GDPR. Processing is necessary to protect the vital interests of the data subject or of another natural person.

Article 6.1.e GDPR. The 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 controller.

Source of data

The personal data processed by the City Council in the performance of a task carried out in the public interest, in the exercise of public authority, or in compliance with a legal obligation, comes directly from the data subjects, their legal representatives, or other public administrations in accordance with legal provisions. As a general rule, personal data is always collected directly from the data subject. However, in certain exceptional cases, data may be collected through third parties, entities, or services other than the data subject. In this regard, the data subject will be informed of this through the informed consent clauses included in the various methods of data collection and within a reasonable timeframe after the data has been obtained, and in no more than thirty days.

Data recipients

The personal data included in the corresponding forms, applications, and requests will be communicated to the various Areas, Services, and Administrative Units of the City Council with jurisdiction over the subject matter of the communication. As a general rule, the San Bartolomé de Tirajana City Council does not transfer or communicate data to third parties, except as legally required. However, if necessary, such transfers or communications of data will be communicated to the data subject through the informed consent clauses included in the different methods of collecting personal data.

Transfer of data

Personal data may not be transferred to third parties outside the City Council except in the cases provided for in current regulations on the protection of personal data, without requiring the consent of the affected party in the cases listed in article 8.1 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights.

International data transfer

It is not provided for except by some regulation or law that requires it within the EU.

Data categories

Identifying data, data relating to personal characteristics: marital status, family, birth, place of birth, age, sex, nationality, academic and professional data or data relating to the job, special categories of data, and other data that may be provided by the user, depending on the administrative procedure or municipal action.

Data Protection Officer

Decree No. 1764/2019 of June 4, by Notification of Decree/Agreement of May 22, 2019: Appointment of the Data Protection Officer, for compliance with Obligations in the Protection of Personal Data. Their contact email address for this purpose is: dpd@maspalomas.com

Their postal address is: Data Protection Officer, San Bartolomé de Tirajana Town Hall, Plaza Timanfaya, s/n, San Fernando de Maspalomas - 35100 San Bartolomé de Tirajana

Within the municipal scope, they perform the functions established in Article 39.1 of the GDPR:

a) Informing and advising the controller or processor and the employees who carry out the processing of data about their obligations under the GDPR, the Spanish Data Protection Act (LOPD), and other data protection provisions of the European Union or Member States.

b) Monitor compliance with the GDPR, other Union or Member State data protection provisions, and the policies of the controller or processor regarding the protection of personal data, including the allocation of responsibilities, awareness-raising and training of staff involved in processing operations, and related audits.

c) Provide advice, upon request, on data protection impact assessments and monitor their implementation in accordance with Article 35 GDPR.

d) Cooperate with the supervisory authority.

e) Act as the contact point for the supervisory authority on matters relating to processing, including the prior consultation referred to in Article 36 GDPR, and consult, where appropriate, on any other matter.

The aforementioned resolution also provides for the appointment of a substitute Data Protection Officer in cases of vacancy, absence, or illness of the Data Protection Officer, designating for this purpose the official assigned to the Head of the Personnel Management Section and Acting Technical Secretary.

Rights

Everyone has the right to obtain confirmation as to whether or not the San Bartolomé de Tirajana City Council is processing personal data concerning them. Data subjects have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, to request its erasure when, among other reasons, the data is no longer necessary for the purposes for which it was collected.

In certain circumstances, data subjects may request the restriction of the processing of their data, in which case it will only be retained for the exercise or defense of legal claims. Data subjects may also object to the processing of their data for reasons relating to their particular situation. The data controller will cease processing the data, except for compelling legitimate grounds, or for the exercise or defense of possible legal claims.

Data subjects also have the right to withdraw their consent, in which case it will be effective from the moment they request it, without retroactive effect, and the right to lodge a complaint with the Agencia Española de Protección de Datos. In this regard, as provided in Article 13.2.c), when processing is based on Article 6.1.a) or Article 9.2.a) of the GDPR, the data subject has the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

The exercise of all related rights must be requested by the data subject in writing, either in person at the General Registry Offices of this City Hall or electronically through the municipal electronic office (link) under the category of personal data protection procedures.

The catalog of personal data protection procedures is available both on the website and on the municipal electronic office, where you will find an information sheet for each procedure and the standard forms associated with each one.

– Right of access: the right to obtain information about how your personal data is being processed, the purpose of the processing, the categories of data being processed, the recipients or categories of recipients, the retention period, and the origin of the data.

– Right to unsubscription: the right to obtain the unsubscription of your personal data. Unsubscription will result in the blocking of the data, which will be retained only at the disposal of public authorities, judges, and courts to address any potential liabilities arising from the processing, for the duration of the applicable statute of limitations. Once this period has expired, the data must be deleted.

– Right to rectification: the right to obtain the rectification of inaccurate or incomplete personal data.

– Right to erasure: the right to obtain the erasure of data in the following cases:

1. When the data are no longer necessary for the purpose for which they were collected

2. When the data subject withdraws consent

3. When the data subject objects to the processing

4. When they must be erased to comply with a legal obligation

5. When the data have been obtained in relation to an information society service as provided for in Article 8(1) of the General Data Protection Regulation (GDPR).

– Right to object: the right to object to certain processing based on the data subject's consent.

– Right to restriction of processing: the right to obtain restriction of processing of personal data when one of the following applies:

1. When the data subject contests the accuracy of the personal data, for a period enabling the company to verify its accuracy.

2. When the processing is unlawful and the data subject opposes the erasure of the data.

3. When the company no longer needs the data for the purposes for which they were collected, but the data subject requires them for the establishment, exercise, or defense of legal claims.

4. When the data subject has objected to processing pending the verification of whether the legitimate grounds of the company override those of the data subject.

– Right to data portability: the right to obtain your data in a structured, commonly used, and machine-readable format, and to transmit it to another data controller when:

1. The processing is based on consent.

2. The processing is carried out by automated means.

– Right to lodge a complaint with the competent supervisory authority, the Spanish Data Protection Agency (AEPD). If you are not satisfied with the decision regarding the protection of your rights, you may file a complaint with the Spanish Data Protection Agency. More information is available on its website: www.agpd.es.

If you do not use the standardized forms, the request must include the following information: the user's full name, identity document number (DNI, passport, or other document proving their identity), address for notification purposes, and a specific description of the right being exercised. If the request is submitted in person, a photocopy of the identity document must be attached.

The request must clearly state in the subject line: GDPR rights protection. The competent body for resolving procedures for exercising data protection rights is the Data Protection Officer (dpd@maspalomas.com)

Publication of personal data in electronic media

The resolutions and procedural acts arising from the administrative procedure to which the personal data of this application is incorporated, and under the terms established in its call for applications, may be published on the Notice Board of the San Bartolomé de Tirajana Town Hall, on the municipal website www.maspalomas.com, or on the municipal intranet. Publication on the various municipal electronic media will be blocked or cancelled once the publication period for the corresponding administrative act has ended.

 Data retention

The information collected from the data subject will be kept for as long as necessary to fulfill the purpose for which the personal data was collected. Once that purpose has been fulfilled, the data will be deleted. This deletion will result in the blocking of the data, which will be retained only at the disposal of Public Administrations, Judges, and Courts to address any potential liabilities arising from the processing during the applicable statute of limitations. Once this period has expired, the information will be destroyed. For informational purposes, the legal retention periods for information relating to different matters are listed below:

 Security measures

The security measures adopted by the San Bartolomé de Tirajana City Council are those required in accordance with Article 32 of the GDPR. In this regard, the San Bartolomé de Tirajana City Council, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of the processing, as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, has established appropriate technical and organizational measures to ensure a level of security appropriate to the risk.

In any case, the San Bartolomé de Tirajana City Council has implemented sufficient mechanisms to:

1. Guarantee the ongoing confidentiality, integrity, availability, and resilience of processing systems and services.

2. Restore the availability of and access to personal data in a timely manner in the event of a physical or technical incident.

3. Regularly verify, assess, and evaluate the effectiveness of the technical and organizational measures implemented to ensure the security of the processing.

4. Pseudonymize and encrypt personal data, where appropriate

 Profiles

The processing of the data subject's personal data does not entail the existence of automated decisions, including profiling.

 Web browsing data

The San Bartolomé de Tirajana Town Hall website uses its own and third-party cookies to improve the service provided to users. By continuing to browse, you are considered to have accepted their use. You are also considered to have accepted their use by clicking on any button, checkbox, or link, by downloading content, or by scrolling the page.

The Town Hall website uses session and analytics cookies to facilitate user navigation within the different sections and to collect non-personalized data about website usage (times, browsers, etc.). It is important to note that under no circumstances do the cookies used provide or store users' personal data, and they are not permanent: they are deleted when the browser is closed.

You can allow, block, or delete cookies installed on your computer by configuring your browser settings. Even if you block the installation of cookies, you will not be prevented from effectively using the website.