PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation, Pinggao (hereinafter also referred to as the 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 current Spanish and European regulations regarding the protection of personal data on the internet. Specifically, it complies with the following regulations:

 

Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of individuals concerning the processing of personal data and the free movement of this data (GDPR).

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

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

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

 

Identity of the controller of personal data processing

The controller of the personal data collected on Pinggao is: Pinggao Group Co., Ltd., Spain branch, provided with Tax Identification Number (NIF/CIF): W02790931 and registered at: 08610 LETAMENDI, whose representative is: Hu Minglei (hereinafter, Data Controller). The contact details are as follows:

 

Address: C/ d’Aragó, 208, 08011 Barcelona

Contact phone: +34 692306699

Contact email: [email protected]

 

Register of Personal Data

In compliance with the GDPR and the LOPD-GDD, we inform you that the personal data collected by Pinggao through the forms on its pages will be incorporated and processed in our file in order to facilitate, expedite, and comply with the commitments established between Pinggao and the User or the maintenance of the relationship established in the forms that the latter fills out, or to respond to a request or query from the same. 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 kept specifying, according to its 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 will be subject to the following principles set forth in article 5 of the GDPR and in article 4 and following of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:

 

Principle of lawfulness, fairness, and transparency: User consent will be required at all times, preceded by completely transparent information about the purposes for which personal data is collected.

Principle of purpose limitation: Personal data will be collected for specific, 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 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 its processing.

Principle of integrity and confidentiality: Personal data will be processed in a way that guarantees their security and confidentiality.

Principle of proactive responsibility: The Data Controller will be responsible for ensuring that the above principles are complied with.

 

Categories of personal data

The categories of data processed in Pinggao are solely identifying 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. Pinggao commits to obtaining the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.

 

The User will have the right to withdraw their consent at any time. Withdrawing consent will be as easy as giving it. As a general rule, withdrawing consent will not condition the use of the Website.

 

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

 

Purposes of the processing to which the personal data is intended

The personal data is collected and managed by Pinggao in order to facilitate, expedite, and comply with the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills out, or to respond to a request or query.

 

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

 

At the time the personal data is obtained, the User will be informed about the specific purpose(s) of the processing to which the personal data will be destined; that is, the use or uses that will be given to the collected information.

 

Retention periods of personal data

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

 

At the time the personal data is 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 personal data

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

Full name or company name and full address of the person(s) or company(ies) with whom the personal data collected from users will be shared:

 

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

 

Personal data of minors

Respecting the provisions of articles 8 of the GDPR and 7 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, only individuals over 14 years of age can lawfully consent to the processing of their personal data by Pinggao. If the individual is under 14 years of age, the consent of parents or legal guardians will be necessary for the processing, and it will only be considered lawful to the extent that they have authorized it.

 

Secrecy and Security of Personal Data

Pinggao commits to adopting the necessary technical and organizational measures, according to the appropriate security level corresponding to the risk of the collected data, in order to ensure the security of personal data and prevent the destruction, loss, or accidental or unlawful alteration of transmitted, stored, or otherwise processed personal data, or unauthorized access or communication of such data.

 

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

 

However, because Pinggao cannot guarantee the invulnerability of the internet or the total absence of hackers or others who may fraudulently access personal data, the Data Controller undertakes to promptly inform the User when a breach of the security of personal data occurs that is likely to pose a high risk to the rights and freedoms of individuals. As defined in Article 4 of the GDPR, a breach of the security of personal data is understood as any breach of security leading to the destruction, loss, or accidental or unlawful alteration of transmitted, stored, or otherwise processed personal data, or unauthorized access or communication of such data.

 

The personal data will be treated as confidential by the Data Controller, who commits to inform and ensure, through a legal or contractual obligation, that such confidentiality is respected by its employees, associates, and anyone to whom the information is made accessible.

 

Rights derived from the processing of personal data

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

 

Right of access: It is the User’s right to obtain confirmation from Pinggao as to whether or not their personal data is being processed and, if so, to obtain information about their specific personal data and the processing that Pinggao has carried out or is carrying out, as well as, among other things, information available on the origin of such data and the recipients of the communications made or planned with them.

Right to rectification: It is the User’s right to have their personal data corrected if they are found to be inaccurate or, taking into account the purposes of the processing, incomplete.

Right to erasure (“right to be forgotten”): It is the User’s right, provided that current legislation does not establish otherwise, to obtain the deletion 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 there is no other legal basis for it; the User objects to the processing and there is no legitimate reason to continue it; the personal data has been processed unlawfully; the personal data must be erased to comply with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its implementation, must take reasonable measures to inform those responsible for processing the personal data of the data subject’s request for deletion of any links to that personal data.

 

• Right to restriction of processing: It is the User’s right to limit the processing of their personal data. The User has the right to obtain restriction of processing when challenging the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it for legal claims; and when the User has objected to the processing.
• Right to data portability: If the 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 it to another data controller. Whenever technically feasible, the Data Controller will directly transmit the data to the other controller.
• Right to object: It is the User’s right to prevent the processing of their personal data or to cease the processing by Pinggao.
• Right not to be subject to a decision based solely on automated processing, including profiling: It is the User’s right not to be subject to an individualized decision based solely on automated processing of their personal data, including profiling, unless current legislation establishes otherwise.

Therefore, the User may exercise their rights by written communication addressed to the Data Controller referencing “GDPR-www.pinggaoeurope.com,” specifying:

• User’s name, surname, and a copy of their ID card. In cases where representation is permitted, it will also be necessary to identify, through the same means, the person representing the User, as well as the documentary evidence of the representation. The photocopy of the ID card may be substituted by any other legally valid means that confirms the identity.
• Request stating the specific reasons for the request or information that the User wishes to access.
• Address for notifications.
• Date and signature of the applicant.
• Any document that supports the request made.

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

Postal address: Complete address of the responsible party/parties for the file of personal data collected from users:

Email: contact email

 

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites other than Pinggao, and therefore not operated by Pinggao. The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and privacy practices.

 

Complaints to the supervisory authority

If the User believes that there is a problem or infringement of current regulations regarding the way their personal data is being processed, they have the right to effective judicial protection and to file a complaint with a supervisory authority, particularly in the state where they have their habitual residence, place of work, or the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.aepd.es/).

 

ACCEPTANCE AND CHANGES IN THIS PRIVACY POLICY

It is necessary for the User to have read and agree to the conditions regarding 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 with it in the manner, for the periods, and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.

Pinggao reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential, or doctrinal change by the Spanish Data Protection Agency. The changes or updates to this Privacy Policy will not be explicitly notified to the User. It is recommended that the User periodically check this page 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 April 27, 2016, regarding the protection of individuals concerning the processing of personal data and the free movement of such data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.