Legal Advisement

PRIVACY POLICY

(Updated on 24th of May, 2018)

Through this communication JOVICELECT S.L. – MH MOTORCYCLES, with address at Los Palillos Industrial Estate, 7th Street, Number 61, CP 41500 – Alcalá de Guadaira – Seville and telephone: 955 63 09 95, informs consumers and users of the website https://www.mhmotorcycles.com its policy of protection of personal data, so that users determine freely and voluntarily if they wish to provide MH MOTORCYCLES with the personal data required for the sale of products, offer quotes that have previously been requested by any medium, activation of guarantees and for answering queries, on the occasion of the subscription, registration or completion of any online data form.

MH MOTORCYCLES, reserves the right to modify this Privacy Policy to keep it adapted to the current legislation on data protection. In such cases, MH MOTORCYCLES will announce on this website the changes introduced reasonably in advance of its implementation.

The visit to this website does not imply that the user is obliged to provide any information about it. In the event that the user provides any information of a personal nature, the data collected on this website will be treated in a fair and lawful manner, subject at all times to the principles and rights set forth in the Organic Law on the Protection of Personal Data. (LOPD), its development regulations (RLOPD) and the RGPD of the European Union.

THE RIGHT OF INFORMATION

In accordance with the LOPD we inform you that the data provided by you will become part of the MH MOTORCYCLES Client Management file, being the only recipient of the information provided. The purpose of the treatment will be the management and administration of the entire portfolio of customers to be able to offer the requested product, and the collection of it, make budgets and send commercial communications by any means (postal or electronic) on the various products provided by the company, expressly consenting to you. The person responsible for the treatment is MH MOTORCYCLES who has his address at Los Palillos Industrial Park, 7th Street, Number 61, CP 41500 – Alcalá de Guadaira – Seville, being able to exercise his rights established in articles 15 to 22 of the RGPD of the European Union, sending a letter to the previous address, personally at our headquarters accrediting your identity or electronically accrediting your personality, at the address legal@mhmotorcycles.com.

At the moment of proceeding with the collection of the data, the voluntary or obligatory nature of the data object of collection will be indicated. The refusal to provide the data classified as mandatory will imply the impossibility of providing the requested service or, where appropriate, the contracted product. The user who provides their data must keep them updated and communicate to the data controller any change in their data. The user who provides personal data about another person, must itself, where appropriate, inform the owner of the data of the provisions of this Privacy Policy.

INFORMED CONSENT

Consequently, users who provide personal data on this website unambiguously consent to their incorporation into the automated Client Management file for which they are responsible for the purposes specifically determined above.

THE PRINCIPLE OF DATA QUALITY

The personal data provided by users will be accurate and updated so that they respond truthfully to the current situation of the affected. Therefore, the user must respond to the truthfulness and certainty of the personal data provided and communicate any changes that may occur in the future. MH MOTORCYCLES will proceed to the cancellation of the personal data collected when they cease to be necessary or pertinent for the purpose for which they were collected or registered. The cancellation will lead to the blocking of the data, being kept only at the disposal of the Public Administrations, Judges and Courts, for the attention of the possible responsibilities born of the treatment, during the term of prescription of these. Once the aforementioned deadline has expired, the personal data will be deleted.

THE TEMPORARY PERIOD OR PERIOD OF CONSERVATION OF THE DATA

In accordance with the provisions of article 5.1.e) of the RGPD, the data must be maintained in such a way that identification of the interested parties is allowed for no longer than necessary for the purposes of the processing of personal data. After that time, they can only be kept for longer times for the purposes of archiving in the public interest, for purposes of scientific or historical research or for statistical purposes, and it is sometimes necessary, in order to safeguard the principle of minimization, to proceed with the pseudonymization of the data (RGPD article 89.1), and without prejudice to the application of the appropriate technical and organizational measures imposed by the RGPD to protect the rights of the affected party or interested party.

Personal data must be kept for the periods indicated in the applicable provisions or if this is foreseen in the contractual relations between the controller and the interested or affected party, provided that it serves legitimate purposes derived from the fulfillment of the contract.

With respect to the aforementioned period of time of conservation of your personal data, we inform you that these will be kept as long as they are necessary or pertinent for the purpose for which they were collected or registered. Therefore, they will be canceled when they are no longer necessary to fulfill the legitimate purposes described above. The cancellation will lead to the blocking of data, which can only be kept to make them available, upon request, from public administrations, judges and courts, for the attention of possible responsibilities arising from the treatment, during the prescription period of these. Only when the period for which liability can be demanded has expired will it be necessary to proceed to the total and definitive suppression of the blocked personal data.

THE PRINCIPLE OF DATA SECURITY

MH MOTORCYCLES has adopted all the necessary technical and organizational measures to guarantee the security of personal data and to prevent its alteration, loss, treatment or unauthorized access. The level of security adopted is in line with the nature of the personal data provided.

In accordance with the provisions of Article 32 of the RGPD, MH MOTORCYCLES as responsible for the treatment, taking into account the state of the art, the costs of application, and the nature, scope, context and purposes of the treatment, as well as risks of probability and severity variables for the rights and freedoms of natural persons, will apply appropriate technical and organizational measures to guarantee a level of security appropriate to the risk, which in its case will include, among others:

• Pseudonymization and encryption of personal data;
• The ability to guarantee the confidentiality, integrity, availability and permanent resilience of the treatment systems;
• The ability to restore availability and access to personal data quickly in the event of a physical or technical incident;
• A process of regular verification, evaluation and assessment of the effectiveness of technical and organizational measures to ensure the safety of treatment.

In assessing the adequacy of the security level, particular attention shall be paid to the risks involved in the processing of data, in particular as a result of the destruction, loss or accidental or unlawful alteration of personal data transmitted, preserved or otherwise processed, or the unauthorized communication or access to said data by third parties.

MH MOTORCYCLES will take steps to ensure that any person acting under the authority of the data controller or data controller and having access to personal data can only process such data following the instructions of the person responsible, unless required to do so by virtue of the right of the Union or the Member States.

THE RIGHT OF CANCELLATION AND SUPPRESSION

In compliance with the legal provision contemplated in article 17 of the RGPD of the European Union, the interested party or affected party shall have the right to obtain without undue delay from the data controller the deletion of personal data concerning him, which he shall be obliged to delete without undue delay personal data when any of the following circumstances:

a) Personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
b) The interested party withdraws the consent on which the treatment is based in accordance with article 6, paragraph 1, letter a), or article 9, paragraph 2, letter a), and this is not based on another legal basis;
c) The interested party opposes the treatment according to article 21, paragraph 1, and other legitimate reasons for the treatment do not prevail, or the interested party opposes the treatment according to article 21, paragraph 2;
d) Personal data have been treated unlawfully;
e) The personal data must be deleted for the fulfillment of a legal obligation established in the Law of the Union or of the Member States that applies to the data controller;
f) The personal data have been obtained in relation to the offer of services of the company mentioned in article 8, section 1.

When MH MOTORCYCLES as the controller has made the personal data public and is obliged, by virtue of the above, to suppress said data, taking into account the available technology and the cost of its application, it will adopt reasonable measures, including technical measures, with a view to informing those responsible who are processing personal data of the interested party’s request to delete any link to such personal data, or any copy or replica of them.

THE RIGHT TO THE LIMITATION OF TREATMENT

In relation to the provisions of article 18 of the RGPD of the European Union, the interested party or interested party shall have the right to obtain from MH MOTORCYCLES as responsible treatment the limitation of the processing of the data when any of the following conditions is met:

a) The interested party challenges the accuracy of the personal data, during a period that allows the responsible to verify the accuracy of the same;
b) The treatment is unlawful and the interested party opposes the deletion of personal data and requests instead the limitation of its use;
c) The person in charge no longer needs the personal data for the purposes of the treatment, but the interested party needs them for the formulation, the exercise or the defense of claims;
d) The interested party has opposed the treatment under Article 21, paragraph 1 of the RGPD, while verifying whether the legitimate reasons of the responsible party prevail over those of the interested party or affected party in question.

When the processing of personal data has been limited by virtue of the above, such data may only be subject to treatment, with the exception of its storage, with the consent of the interested party or for the formulation, exercise or defense of claims, or with a view to the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a particular Member State.

Any interested party that has obtained the limitation of the treatment in accordance with the provisions set forth above shall be informed by MH MOTORCYCLES as responsible for the treatment before the lifting of said limitation.

SENDING OF INFORMATIONAL COMMUNICATIONS

Regarding the sending of informative communications via e-mail or other means of electronic equivalent communication, given that the user’s email address is a personal data when it allows to identify you, by collecting it in the online data form the user expressly authorizes a MH MOTORCYCLES your treatment for sending commercial or promotional communications concerning the products provided by this company. These communications will be preceded by the word advertising or information at the beginning of the message and will clearly identify MH MOTORCYCLES. However, you can revoke your consent at any time to receive informative communications by simply notifying our email address (info@mhmotorcycles.com) or by calling 955 63 09 95.