DATA PROTECTION OFFICER
At any time, if you have any questions or queries about the processing of personal data by FIV MARBELLA, S.L. you can contact our Data Protection Officer, at the following address: AVDA SEVERO OCHOA, 67 – 29603 MARBELLA, to the attention of “Data Protection Officer”, or by email to firstname.lastname@example.org
The personal data that we could collect directly from the interested party will be processed confidentially and will be incorporated into the corresponding processing activity owned by FIV MARBELLA, S.L.
PURPOSE OF THE PROCESSING OF PERSONAL DATA
In accordance with the provisions of Organic Law 3/2018 on the Protection of Personal Data and guarantee of digital rights and the EU Regulation 2016/679, if you send us an email to the address indicated on the Website, or fill out a data collection form, we inform you that the personal data you provide us will be processed and incorporated into data processing activities, where the responsible for data processing is FIV MARBELLA, S.L., in order to:
Perform one of our sanitary tests:
- COVID19 PCR Test
- Inmunofluorescence Test
- Biological Passport Test (ELISA + PCR)
- Antibody Test (Quick Test)
- Women’s Health
- Basic Female Fertility
- Complete Female Fertility
- Star female fertility treatment
- Antimullerian Ovarian Reserve Test (AMH)
- Papilloma Virus (HPV)
- Complete Female Fertility
- Thyroid stimulating hormone (TSH)
- Follicle Stimulating Hormone (FSH)
- Luteinizing Hormone (LH)
- Beta HCG
- Human papillomavirus (HPV)
- Men’s Health
- Follicle Stimulating Hormone (FSH)
- Hormona Luteinizante (LH)
- Complete Sexual Health
- Complete Male Fertility
- Start male fertility treatment
- Women’s Health
Telehealth. In addition to consultations from the Fertility At Home App, with the purchase of the test we will include a telehealth consultation with a specialist who will explain the results so there is no doubt regarding the test results.
HOW DOES THE PROCESS WORK?
- Sample delivery and collection. Your test will be delivered in a discreet package to your home. Activate your test and collect your sample. Register in our App and create your account. Return the package with your sample the same day, using the forwarding label provided.
- Receive your results. Once the sample arrives to the laboratory, your results will be available in your account on our App within a period of 5-7 days, in a completely secure and confidential manner.
- Explanation of results. You can have a telehealth consultation with a member of our professional medical team, who will explain your test results.
- Carrying out health tests. The health tests will be carried out by Ovavit S.L.
Fertility at Home Collaborators To provide you with its Services or Products, Fertility at Home may use the services of other collaborators, such as laboratories or companies of its own Group, among others, which may have their own “terms and conditions”, as well as their own requirements (which may be, for example, the signing of additional authorizations and / or consents, etc.). Fertility at Home will provide you with the requirements of its collaborators as required by each specific Product or Service, together with the pertinent instructions. In no case does Fertility at Home assume any type of responsibility for the conditions and / or requirements imposed by its collaborators, nor does it assume responsibility for its content and / or its modifications.
FIV MARBELLA S.L. declares to have adopted all the necessary and appropriate security measures pursuant to the provisions of the EU Regulation 2016/679 and Organic Law 3/2018, and has established all the technical means at its disposal with the intention of avoiding the loss, misuse, alteration, unauthorised access or theft of the data that you provide.
PRINCIPLES THAT WE APPLY TO DATA PROVIDED TO US
Principle of legality, loyalty and transparency: We will always require your consent for the processing of your personal data for one or more specific purposes that we will inform you in advance with absolute transparency.
Purpose limitation: collected for specific, explicit and legitimate purposes, and will not be further processed in a manner incompatible with those purposes.
Principle of minimisation of data: We will only request data that is strictly necessary in relation to the purposes for which we need them. The minimum data as possible.
Principle of accuracy: the data will be exact and, if necessary, updated.
Principle of limitation of the conservation period: The data will be kept for no longer than necessary for the purposes of the processing, depending on the purpose.
Principle of integrity and confidentiality: Your data will be processed in such a way that adequate security and confidentiality are guaranteed. Be assured that we take all necessary precautions to avoid unauthorised access or improper use of our users’ data by third parties.
Proactive responsibility: FIV MARBELLA, S.L. will be responsible for compliance with the aforementioned principles and we will adopt the technical and organisational measures that allow us to be in a position to demonstrate compliance.
LEGITIMATION AND LEGAL BASIS FOR DATA PROCESSING
At Fertility at Home the processing of personal data is carried out on:
- the basis of the contractual relationship established for the provision of the requested services and legitimate interest, or
- the basis that you have given us your consent to the processing of your data for one or more specific purposes, always provided through a clear affirmative action. The User or client has given his/her informed consent for the sending of commercial communications, for the installation of monitoring systems that report on browsing habits according to the Cookies Policy, or for the sending of the required information through contact forms.
- On some occasions, the processing is necessary in order to protect the vital interests of the interested party or of another natural person;
The legal basis that protects us for the processing of your data on our Website is CONSENT and, if you are also our client, the legal basis is THE EXECUTION OF A CONTRACT.
You can consult the legal basis for each of the processing activities that we carry out by requesting our list of activities.
PERIOD OF STORAGE OF PERSONAL DATA
At Fertility at Home we intend that the personal data provided be kept only for the time necessary to fulfil the purpose for which they were collected and to determine the possible responsibilities that may arise from the purpose for which they were collected.
Data retention criteria: they will be kept for the period established by the Law, provided that there is a mutual interest to maintain the purpose of the processing and, when it is no longer necessary for such purpose, during the time that the contractual relationship is maintained, provided that deletion has not been requested by the interested party and that data should not be removed due to the fact that they are necessary for the fulfilment of a legal obligation or for the formulation, exercise and defence of claims. They will be deleted with adequate security measures to guarantee pseudonymisation of the data or total destruction thereof.
If the User revokes his/her consent or exercises the rights of cancellation or deletion, his/her personal data will be kept blocked at the disposal of the Administration of Justice during the legally established periods to attend to any eventual responsibilities arising from their processing. Subsequently, they will be deleted with adequate security measures to guarantee pseudonymisation of the data or total destruction thereof.
TRANSFER AND RECIPIENTS OF PERSONAL DATA
All the transfers indicated below are necessary for the fulfilment of the aforementioned purposes, or are carried out in compliance with a legal obligation. Personal data may be transferred to:
- Other companies within our group, medical laboratories, collaborating centres and clinics, and medical collaborators.
- Ovavit S.L. will be the company in charge of carrying out the health tests and FIV MARBELLA S.L. telemedicine activities.
- Public Administrations and the Administration of Justice.
- Computer service providers, including “cloud computing” services.
TRANSFERS OF DATA TO THIRD COUNTRIES
The processing of your data is carried out, in general, by service providers located within the European Union or in countries that have been declared with an adequate level of data protection, although sometimes, in order to carry out the purposes indicated above, certain companies that provide services to Fertility at Home, may access your personal data (international data transfers).
These transfers are made to countries with a level of protection comparable to that of the European Union (adequacy decisions by the European Commission, standard contractual clauses as well as certification mechanisms) and at all times we will ensure that whoever receives your information in order to assist us in the provision of services will implement all the guarantees regarding data protection.
RIGHTS OF THE INTERESTED PARTIES
Users/clients can exercise before FIV MARBELLA S.L. the rights of access, rectification, deletion and portability of their data, the rights of limitation and opposition to their processing, as well as the right not to be subject to decisions based solely on the automated processing of their data. Furthermore, they may revoke their consent if they have granted it for any specific purpose, and may modify their preferences at any time.
These rights can be exercised by writing to the email email@example.com or to the following address: AVDA SEVERO OCHOA, 67 – 29603 MARBELLA. The User is informed that they can direct any type of claim regarding personal data protection to the Spanish Agency for Data Protection www.agpd.es, the Spanish State Control Authority.
DATA ABOUT MINORS
Our company will not collect or process personal data from minors under 18 years of age, without fully complying with the requirements established in the applicable data protection regulations and Regulation EU 679/2016.
The processing of a child’s personal data will be considered lawful when they are at least 18 years old. If the child is under 18 years of age, such processing will only be considered lawful if consent was given or authorised by the holder of parental authority or guardianship over the child, and only to the extent that such consent was given or authorised.
THIRD PARTY PERSONAL DATA
DECLARATION OF COMMITMENT TO PREVENTION AND ERADICATION OF DIGITAL HARASSMENT
At Fertility at Home we have a commitment to data protection and gender equality and for this reason we are committed to ensuring respect in the processing of personal data pursuant to the principles contained in the regulations on data protection, specifically in Article 5 of the General Data Protection Regulation.
Thus, we acquire the commitment to prevent, raise awareness and act in any case in which we are aware of cyberbullying, either of a workplace or sexual nature.
Through this declaration of commitment, at Fertility at Home we are aware of the risks that the Internet and ICTs entail in relation to this type of behaviour and we promote a culture of respect for the privacy of individuals and awareness of the use of personal data.
At Fertility at Home we express our deep rejection of workplace harassment, sexual harassment and gender-based harassment, and our commitment to the prevention and eradication of these behaviours.
At Fertility at Home we strongly oppose the use of personal data that involves illicit data processing, which could undermine the right to intimacy and privacy of employees.
At Fertility at Home we are firmly committed to the protection of personal data, necessary to safeguard the fundamental right to individual and family honour and privacy. Consequently, we respect the principles of article 5 of the General Data Protection Regulation and we will minimise the processing by our staff of personal data that may pose an increased risk of behaviour that constitutes harassment. In any case, we will take into account the possible impact in terms of gender of the processing performed.
All the contents included in the Website and, in particular, the trademarks, trade names, industrial designs, designs, texts, photographs, graphics, logos, icons, software or any other signs susceptible of industrial and commercial use are protected by industrial property and intellectual rights of FIV MARBELLA S.L. Therefore, any use and/or reproduction thereof is prohibited without the express consent of the Company.
Fertility at Home will not be responsible for the infringement of intellectual or industrial property rights of third parties that may derive from the inclusion on the Website of trademarks, trade names, industrial designs, patents, designs, texts, photographs, graphics, logos, icons or software belonging to third parties who have declared to be the owners thereof by including them on the Website.
The User agrees to use the contents of the Website diligently, correctly and lawfully and undertakes not to:
- Use the contents for purposes or effects contrary to the law, morality and good customs or public order.
- Reproduce, copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless the user has the corresponding authorisation from the owner.
- Use the contents of the Website to send advertising, communications for direct sale purposes or with any other kind of commercial purpose, unsolicited messages addressed to multiple people regardless of their purpose, as well as not to market or disclose any such information.
In case of conflict of any kind, the two parties shall attempt to reach a peaceful agreement. When peaceful agreement is not reached, the Courts of Marbella will have jurisdiction to hear the case, and no other jurisdiction shall be competent for such purposes.
USERS WHO DO NOT AGREE TO THIS POLICY MUST NOT ENTER ANY DATA THROUGH THIS WEBSITE, OR ACCESS THE CONTENT OF THIS WEBSITE.