Privacy Policy

I. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation, Nuba Cloud (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 in this privacy policy

This privacy policy is adapted to the current Spanish and European regulations on personal data protection 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, 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 December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
Royal Decree 1720/2007, of December 21, approving 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 data controller

The data controller for the personal data collected on Nuba Cloud is: Sail Away Digital Services LLC, whose contact details are as follows:

Address: 500 4th St Nw Ste 102 Pmb 1497, NM 87102 USA

Contact email: [email protected]

Personal Data Registry

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Nuba Cloud through the forms on its pages will be incorporated and processed in our file to facilitate, expedite, and fulfill the commitments established between Nuba Cloud and the User or to maintain the relationship established in the forms they complete, or to address a request or inquiry from them. Furthermore, 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 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 out 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: the User’s consent will be required at all times, along with completely transparent information regarding 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 kept up to date at all times.
Principle of storage limitation: personal data will only be kept in a form that allows identification of the User for as long as necessary for the purposes of its processing.
Principle of integrity and confidentiality: personal data will be processed in a manner that ensures its 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 by Nuba Cloud are solely identification data. In no case are special categories of personal data processed as defined in Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Nuba Cloud is committed to obtaining the User’s explicit and verifiable consent for the processing of their personal data for one or more specific purposes.

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

In cases where 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, they will be informed if the completion of any of them is mandatory, as they are essential for the proper completion of the operation being carried out.

Purposes of the processing for which personal data is intended

Personal data is collected and managed by Nuba Cloud in order to facilitate, expedite, and fulfill the commitments established between the Website and the User, or to maintain the relationship established in the forms completed by the User, or to address a request or inquiry.

Similarly, the data may be used for commercial purposes such as personalization, operational and statistical activities, and activities related to the corporate purpose of Nuba Cloud, as well as for data extraction, storage, and marketing studies to tailor the Content offered to the User, as well as to improve the quality, functionality, and navigation of the Website.

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

Retention periods for 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: 18 months, or until the User requests its deletion.

At the time the personal data is collected, the User will be informed about the period during which the personal data will be retained 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:

If the Data Controller intends to transfer personal data to a third country or international organization, the User will be informed at the time the personal data is collected 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 by the Commission.

Personal data of minors

In compliance with 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 may give their consent for the lawful processing of their personal data by Nuba Cloud. If the individual is under 14 years old, parental or guardian consent is required for the processing, and this will only be considered lawful if authorized by them.

Confidentiality and security of personal data

Nuba Cloud is committed to adopting the necessary technical and organizational measures, according to the security level appropriate to the risk of the collected data, 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 feedback, is fully encrypted.

However, because Nuba Cloud cannot guarantee the invulnerability of the internet or the complete absence of hackers or others who may fraudulently access personal data, the Data Controller is committed to informing the User without undue delay when a personal data security breach occurs that is likely to pose a high risk to the rights and freedoms of individuals. As established in Article 4 of the GDPR, a personal data breach is defined as any breach of security that results in the accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or otherwise processed, or unauthorized communication or access to such data.

Personal data will be treated as confidential by the Data Controller, who is committed to informing and ensuring, through a legal or contractual obligation, that this 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 the following rights recognized in the GDPR and the Organic Law 3/2018, of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights, and may therefore exercise them against the Data Controller:

Right of access: This is the User’s right to obtain confirmation of whether or not Nuba Cloud is processing their personal data and, if so, to obtain information about their specific personal data and the processing Nuba Cloud has carried out or is carrying out, as well as, among other things, information about the source of such data and the recipients of communications made or planned for those data.
Right of rectification: This is the User’s right to have their personal data corrected if it is found to be inaccurate or, considering the purposes of the processing, incomplete.
Right of erasure (“the right to be forgotten”): It is the User’s right, unless otherwise provided by applicable law, to obtain the deletion of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to processing, and no other legal basis exists; the User objects to the processing, and there is no other legitimate reason to continue with it; the personal data has been processed unlawfully; the personal data must be deleted to comply with a legal obligation; or the personal data was obtained as a result of an offer of information society services directed at a child under 14 years old. In addition to deleting the data, the Data Controller, considering available technology and the cost of its application, must take reasonable steps to inform those responsible for processing the data of the data subject’s request for the deletion of any links to those personal data.
The right to restrict processing: This is the User’s right to limit the processing of their personal data. The User has the right to obtain 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 requires it for the establishment, exercise, or defense of legal claims; or 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 stop the processing of such data by Nuba Cloud. The User may exercise this right when the processing of their personal data is based on the legitimate interest of the data controller or a third party, or when the data is used for direct marketing purposes, among other cases.
Right not to be subject to decisions based solely on automated processing, including profiling: It 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 otherwise provided by applicable law.

Thus, the User may exercise their rights by sending a written communication to the Data Controller with the reference “GDPR-nubacloud.com,” specifying:

The User’s full name and a copy of their ID. In cases where representation is allowed, identification of the person representing the User by the same means will also be required, along with the supporting document of the representation. The photocopy of the ID may be replaced by any other legally valid method that proves the identity.
A request with the specific reasons for the request or the information the User wishes to access.
Address for notification purposes.
Date and signature of the applicant.
Any document that supports the request being made.

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

Postal address: 500 4th St Nw Ste 102 Pmb 1497

Email: [email protected]

Third-party website links

The Website may include hyperlinks or links that allow access to third-party websites other than Nuba Cloud, and which are therefore not operated by Nuba Cloud. The owners of these websites will have their own data protection policies, and they themselves will be responsible for their own files and privacy practices.

Claims before the supervisory authority

If the User considers that there is an issue or a violation of current regulations in the way their personal data is being processed, they will have the right to effective judicial protection and to file a claim with a supervisory authority, particularly in the State where 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

The User must have read and agreed to the conditions regarding the protection of personal data contained in this Privacy Policy, as well as accepted 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. Use of the Website will imply acceptance of its Privacy Policy.

Nuba Cloud reserves the right to modify its Privacy Policy at its own discretion or prompted by a legislative, jurisprudential, or doctrinal change from the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is advised to check this page periodically to stay informed 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 Personal Data Protection and guarantee of digital rights.