Privacy policy · Olga Puchades Dental Clinic

This English translation is provided for information. In case of discrepancy, the Spanish version prevails.

I. PRIVACY AND DATA PROTECTION POLICY

In accordance with current legislation, clinicapuchades.com (hereinafter, the Website) undertakes to adopt the technical and organisational measures necessary to provide a level of security appropriate to the risk of the data collected.

Laws reflected in this privacy policy

This privacy policy is adapted to current Spanish and European legislation on the protection of personal data on the internet. In particular, it complies with the following:

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).
Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
Spanish Law 41/2002 of 14 November regulating patient autonomy and rights and obligations regarding clinical information and documentation.
Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the data controller

The controller of the personal data collected through clinicapuchades.com is Olga Puchades Román, trading as Clínica Dental Olga Puchades, with tax ID (NIF) 24367726P (hereinafter, the Controller). Contact details:

Address: C/ Cirilo Amorós 41-1, 46004 Valencia, Spain

Contact telephone: +34 96 352 1872

Contact email: clinica@clinicapuchades.com

Record of personal data

In accordance with the GDPR and the LOPD-GDD, we inform you that the personal data collected by clinicapuchades.com, whether through the Website, by telephone, by email, by WhatsApp or at the clinic itself, will be included and processed in our records in order to facilitate, speed up and fulfil the commitments between the clinic and the User, to provide the healthcare requested, or to deal with the User’s request or enquiry. In accordance with the GDPR and the LOPD-GDD, a record of processing activities is also kept, specifying the processing carried out for each purpose and the other details required by 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 article 4 onwards of Organic Law 3/2018:

Lawfulness, fairness and transparency: data will always be processed lawfully, after the User has been given fully transparent information about the purposes for which the personal data are collected.
Purpose limitation: personal data will be collected for specified, explicit and legitimate purposes.
Data minimisation: only the personal data strictly necessary for the purposes for which they are processed will be collected.
Accuracy: personal data must be accurate and kept up to date.
Storage limitation: personal data will only be kept in a form that allows the User to be identified for as long as necessary for the purposes of the processing.
Integrity and confidentiality: personal data will be processed in a way that ensures their security and confidentiality.
Accountability: the Controller is responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed are identification and contact data. For patients, the health data needed to provide healthcare and keep the clinical record are also processed. These are a special category of personal data within the meaning of article 9 of the GDPR and are protected with the reinforced security measures required by law.

Legal basis for processing personal data

The legal basis for processing personal data is:

The User’s own request and the care relationship with the patient (article 6.1.b GDPR), to manage appointments, enquiries and treatment.
The provision of healthcare (article 9.2.h GDPR) and Law 41/2002, for the processing of health data and the clinical record.
Compliance with legal obligations (article 6.1.c GDPR), such as tax and healthcare obligations.
The User’s consent (article 6.1.a GDPR) for any other purpose of which they are expressly informed.

Where processing is based on consent, the User may withdraw it at any time. It will be as easy to withdraw consent as to give it. As a general rule, withdrawing consent will not affect use of the Website.

Whenever the User must or may provide their data to make enquiries, request information or for reasons related to the content of the Website, they will be told if providing any of the data is compulsory because it is essential for the operation concerned.

Purposes for which personal data are processed

Personal data are collected and managed by clinicapuchades.com in order to manage appointments and communications with the User, deal with their requests or enquiries, provide healthcare and keep their clinical record, and to invoice and meet the clinic’s legal obligations.

When personal data are obtained, the User will be informed of the specific purpose or purposes for which they will be processed, that is, of the use or uses that will be made of the information collected.

Retention periods

Personal data will only be kept for the minimum time necessary for the purposes of processing:

Clinical records will be kept for as long as healthcare law requires, at least five years from the date of discharge from each episode of care (article 17 of Law 41/2002).
Billing data will be kept for the periods set by tax and commercial law.
Contact details of people who do not become patients will be kept for 12 months or until the User asks for them to be deleted.

Recipients of personal data

The User’s personal data will not be disclosed to third parties unless required by law. Providers that work for the clinic, such as dental laboratories, advisers and IT service providers, may have access to them as data processors under contract.

If the User contacts the clinic by WhatsApp, the service is provided by WhatsApp Ireland Limited (Meta group), which may transfer data outside the European Economic Area with the safeguards set out in the GDPR. If the User prefers not to use it, they can contact the clinic by telephone or email.

If the Controller intends to transfer personal data to a third country or international organisation, the User will be informed, when the data are obtained, of the country or organisation concerned and of whether or not there is an adequacy decision by the European Commission.

Personal data of minors

In accordance with article 8 of the GDPR and article 7 of Organic Law 3/2018, only people over 14 may lawfully consent to the processing of their personal data by clinicapuchades.com. For children under 14, the consent of their parents or guardians is required, and processing will only be lawful to the extent that they have authorised it.

Confidentiality and security of personal data

clinicapuchades.com undertakes to adopt the technical and organisational measures necessary, according to the level of security appropriate to the risk of the data collected, to guarantee 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 unauthorised disclosure of or access to such data.

However, since clinicapuchades.com cannot guarantee that the internet is impregnable or that hackers or others will never access personal data fraudulently, the Controller undertakes to inform the User without undue delay of any personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons. In line with article 4 of the GDPR, a personal data breach means any breach of security leading to the accidental or unlawful destruction, loss or alteration of, or unauthorised disclosure of or access to, personal data transmitted, stored or otherwise processed.

Personal data will be treated as confidential by the Controller, who undertakes to ensure, through a legal or contractual obligation, that this confidentiality is respected by employees, associates and anyone to whom the information is made available. The clinic’s healthcare professionals are also bound by professional secrecy.

Rights arising from the processing of personal data

The User may exercise the following rights against the Controller, as recognised in the GDPR and Organic Law 3/2018:

Right of access: the User’s right to obtain confirmation of whether or not clinicapuchades.com is processing their personal data and, if so, to obtain information about the specific data and the processing carried out, including information available on the origin of the data and the recipients of any disclosures made or planned.
Right to rectification: the User’s right to have inaccurate personal data corrected or, taking into account the purposes of processing, incomplete data completed.
Right to erasure (“right to be forgotten”): the User’s right, unless current law provides otherwise, to have their personal data erased when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn consent and there is no other legal basis; the User objects to processing and there is no other legitimate reason to continue; the data have been processed unlawfully; the data must be erased to comply with a legal obligation; or the data were obtained through a direct offer of information society services to a child under 14. Clinical records cannot be erased while there is a legal obligation to keep them. In addition to erasing the data, the Controller, taking into account available technology and the cost of implementation, must take reasonable steps to inform other controllers processing the data of the data subject’s request to erase any links to them.
Right to restriction of processing: the User’s right to restrict the processing of their personal data when they contest its accuracy; the processing is unlawful; the Controller no longer needs the data but the User needs them to make claims; or the User has objected to the processing.
Right to data portability: where processing is carried out by automated means, the User has the right to receive their personal data from the Controller in a structured, commonly used and machine-readable format and to transmit them to another controller. Where technically feasible, the Controller will transmit the data directly to that other controller.
Right to object: the User’s right to have their personal data not processed, or to have processing by clinicapuchades.com stopped.
Right not to be subject to a decision based solely on automated processing, including profiling: the User’s right not to be subject to an individual decision based solely on the automated processing of their personal data, including profiling, unless current law provides otherwise.

The User may exercise these rights by writing to the Controller with the reference “RGPD-clinicapuchades.com”, stating:

The User’s name and surname and a copy of their identity document. Where representation is allowed, the representative must be identified in the same way and the document proving the representation provided. The copy of the identity document may be replaced by any other legally valid means of proving identity.
The request, with the specific reasons for it or the information to which access is sought.
An address for notifications.
Date and signature of the applicant.
Any document supporting the request.

The request and any accompanying documents can be sent to the following postal address and/or email:

Postal address: C/ Cirilo Amorós 41-1, 46004 Valencia, Spain

Email: clinica@clinicapuchades.com

Links to third-party websites

The Website may include hyperlinks to third-party websites that are not operated by clinicapuchades.com. The owners of those websites have their own data protection policies and are responsible in each case for their own records and privacy practices.

Complaints to the supervisory authority

If the User considers that there is a problem or a breach of current law in the way their personal data are being processed, they have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State where they normally live, work or where the alleged breach took place. In Spain, the supervisory authority is the Spanish Data Protection Agency (aepd.es).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

The User must have read and agreed to the conditions on the protection of personal data in this Privacy Policy, and accept the processing of their personal data, so that the Controller can process it in the manner, for the periods and for the purposes indicated. Using the Website implies acceptance of its Privacy Policy.

clinicapuchades.com reserves the right to change its Privacy Policy at its own discretion or as a result of legislative or case-law changes, or changes in the guidance of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User, who is advised to check this page regularly to keep up to date with the latest changes.

This Privacy Policy has been updated to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights.