LEGAL NOTICE AND PRIVACY POLICY

LEGAL NOTICE OF THE WEBSITE

WWW.MIDNIGHTCREATIVE.NET

This LEGAL NOTICE regulates the rights and obligations of midnightcreative.net and users, in relation to access, navigation and use of this website without prejudice to midnightcreative.net reserves the right to modify, without notice, its content, being in force those that are published at the time of navigation.

By browsing, viewing and using this website you acquire the status of user, and therefore implies on your part the express acceptance of all the clauses that we indicate in this Legal Notice, as well as other warnings or specific clauses that are established in the different sections for the agreement, or sections of the Page.

midnightcreative.net may terminate, suspend or discontinue, at any time without notice, access to the contents of the site.

PERSONAL AND FISCAL INFORMATION OF THE PERSON RESPONSIBLE FOR THE WEBSITE

Identity of the person in charge: PEREZ TEJADA RODOLFO ANTONIO
Trade name: MIDNIGHT CREATIVE COMPANY SL
VAT NUMBER: B06938567
Address: Avda Eduardo Dato 69 5 – C.p. 41.005 41005 – Sevilla
E-mail: info@midnightcreative.net

FORMS OF SERVICES

midnightcreative.net initiates business deals via email. It does not use any additional revenue streams directly linked to the website.

AUDITS

Audits are a service offered by midnightcreative.net through the response of a customer via the contact form.

If you browse this website you tacitly accept the terms of use and privacy terms, as well as declares to have read the legal notice.
Neither this website nor its legal representatives are responsible for the content or the veracity of the privacy policies that may have third party services outside this website.
Copying or transcribing all or part of any text from this website for any use is expressly prohibited. The texts on this website are meant to be read only, please refrain from using them for any other purpose.
Copying or downloading of images from this website is expressly prohibited.
Hotlinking of images from this website is not allowed.
It is allowed to copy and use the HTML structures and CSS styles used in this website, as long as it is only partially and never the totality of the format generating a website identical to this one.

WEBSITE PRIVACY POLICY

WWW.MIDNIGHTCREATIVE.NET

Respecting the provisions of current legislation, Midnight Creative (hereinafter also Website) undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

LAWS INCORPORATED INTO 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 natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

The Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).

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

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

IDENTITY OF THE PERSON RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA

The person responsible for the processing of personal data collected in Midnight Creative is: MIDNIGHT CREATIVE COMPANY SL, provided with NIF: B06938567 and registered in: Commercial Register of Seville with the following registration data: Rodolfo Antonio Pérez Tejada (hereinafter, Data Controller), whose representative is: Rodolfo Antonio Pérez Tejada (hereinafter, Data Controller). His contact details are as follows:

Address: Avda. Eduardo Dato 69 Edificio Galia Nervión, 5º Planta 41005, Seville

Contact telephone number: +34 955 25 33 27

Contact email: info@midnighcreative.net

Dirección: Avda. Eduardo Dato 69 Edificio Galia Nervión, 5º Planta 41005, Sevilla

Teléfono de contacto: +34 955 25 33 27

Email de contacto: info@midnighcreative.net

REGISTRATION OF PERSONAL DATA

In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Midnight Creative, through the forms provided on its pages will be incorporated and will be treated in our file in order to facilitate, expedite and fulfill the commitments established between Midnight Creative and the user or the maintenance of the relationship established in the forms that the user fills, or to meet a request or query from the same. Also, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided in Article 30.5 of the RGPD applies, a record of processing activities is kept that specifies, according to their purposes, the processing activities carried out and the 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 set out in Article 5 of the RGPD and in Article 4 and following of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights:

Principle of lawfulness, fairness and transparency: the consent of the User will be required at all times after fully transparent information of the purposes for which personal data is 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 up to date.
Principle of limitation of the storage period: personal data will only be kept in such a way as to allow the identification of the User for the time necessary for the purposes of their processing.
Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
Principle of proactive accountability: the Controller will be responsible for ensuring that the above principles are complied with.

CATEGORIES OF PERSONAL DATA

The categories of data processed by Midnight Creative are only identification data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

The legal basis for the processing of personal data is consent. Midnight Creative 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 consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent shall not condition the use of the Website.

On the occasions when the User must or may provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, you will be informed if the completion of any of them is mandatory because they are essential for the proper development of the operation performed.

PURPOSES OF THE PROCESSING FOR WHICH THE PERSONAL DATA IS USED

Personal data are collected and managed by Midnight Creative 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 or to respond to a request or inquiry.

Likewise, the data may be used with a commercial purpose of personalization, operational and statistical, and activities of the corporate purpose of Midnight Creative, as well as for the extraction, storage of data and marketing studies to adapt the content offered to the user, as well as improve the quality, performance and navigation of the Website.

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

RETENTION PERIODS OF PERSONAL DATA

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: 5 years, or until the User requests their deletion.

At the time the personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period.

s personales o, cuando eso no sea posible, los criterios utilizados para determinar este plazo.

RECIPIENTS OF PERSONAL DATA

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

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

PERSONAL DATA OF MINORS

In compliance with the provisions of Articles 8 of the GDPR and 7 of the Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and the guarantee of digital rights, only persons over the age of 14 may give their consent to the lawful processing of their personal data by Midnight Creative. In the case of children under the age of 14, the consent of the parents or guardians is required for the processing, and the processing will only be considered lawful to the extent that the parents or guardians have given their consent.

SECRECY AND SECURITY OF PERSONAL DATA

Midnight Creative undertakes to adopt 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 to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

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

However, because Midnight Creative cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to inform the User without undue delay when a breach of security of personal data occurs that is likely to pose a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized disclosure of or access to such data.

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

RIGHTS DERIVING FROM THE PROCESSING OF PERSONAL DATA

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

Right of access: This is the User’s right to obtain confirmation as to whether or not Midnight Creative is processing his/her personal data and, if so, to obtain information about his/her specific personal data and the processing that Midnight Creative has performed or will perform, as well as, among other things, the information available about the origin of such data and the recipients of the communications made or planned for such data.
Right of rectification: This is the User’s right to have their personal data amended if it proves to be inaccurate or, taking into account the purposes of the processing, incomplete.
Right of deletion (“the right to be forgotten”): This is the User’s right, unless otherwise provided by applicable law, to obtain the erasure of his or her personal data when the personal data is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other lawful basis; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data have been processed unlawfully; the personal data must be deleted 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 child under the age of 14. In addition to erasure, the Controller shall, taking into account available technology and the cost of implementation, take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for erasure of any link to those personal data.
Right to limitation of processing: This is the User’s right to limit the processing of his or her personal data. The User has the right to obtain the limitation of processing when he/she contests the accuracy of his/her 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: Where processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format and to transmit it to another controller. Where technically feasible, the Controller shall transmit the data directly to such other controller.
Right of opposition: This is the User’s right not to have his or her personal data processed or to have the processing of such data by Midnight Creative cease.
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 automated processing of his or her personal data, including profiling, unless otherwise provided by law.

Thus, the User may exercise their rights by writing to the Data Controller with the reference “RGPD-midnightcreative.net”, specifying:

Name, surname of the User and copy of ID card. In cases where the representation is admitted, it will also be necessary the identification by the same means of the person representing the User, as well as the document proving the representation. The photocopy of the ID card may be replaced by any other means valid in law that proves identity.

Request with the specific reasons for the request or information you want access to.

Address for notification purposes.

Date and signature of the applicant.

Any document that proves the request you are making.

This application and any attachments may be sent to the following address and/or e-mail address:

Postal address: Avda. Eduardo Dato 69 Edificio Galia Nervión, 5º Planta 41005, Seville

E-mail: info@midnighcreative.net

LINKS TO THIRD PARTY WEBSITES

The Website may include hyperlinks or links to websites of third parties other than Midnight Creative, which are not operated by Midnight Creative. 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 SUPERVISORY AUTHORITY

In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his/her personal data is being processed, he/she will have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular, in the State in which he/she has his/her 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 their personal data so that the Data Controller can proceed in the manner, during the periods and for the purposes indicated. The use of the Website implies acceptance of the Privacy Policy.

Midnight Creative reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by 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. The User is recommended to consult this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated to adapt to 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 to Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

In the event of non-compliance with these conditions, we may be obliged to take appropriate legal action.

Attributions:

The design, icons and typographic choices have been made by Jairo Pino Ríos.

The layout and web development have been done by Rómulo Quintana Melián.