Exercising your data rights

EXERCISING YOUR PERSONAL DATA RIGHTS:

If you wish to exercise your rights as provided for by data protection regulations, please send us an email to the following address: hola@themoodproject.com stating which right you are exercising and attaching a copy of your national identity document or passport.

You may exercise the following rights:

  • Access to data
  • Data rectification
  • Data erasure
  • Data portability
  • Data processing restriction
  • Object to data processing
  • Right not to be subject to profiling

If you would like to know the meaning of these rights in detail, please continue reading.

Right of access to data:

You have a right to ask the Agency Responsible to inform you whether your personal data are being processed and, if they are, it will enable access by providing you with the following information:

  • The purposes of said processing
  • The data categories being processed
  • The data retention period or criteria.

Right to data rectification:

You have the right for the Agency Responsible to rectify your data when they are inaccurate or incomplete, through an additional amending statement.

Right to data erasure:

The interested party will have the right to demand the Agency Responsible to erase his/her data when:

  • Processing is illegal
  • The interested party has withdrawn his/her consent
  • Data are no longer necessary in relation to the purposes for which they were collected or processed
  • The interested party has exercised the right to opposition, and no other legitimate reasons for processing prevail
  • Data must be suppressed to comply with a legal obligation to do so on behalf of the Agency Responsible.

The interested party will not have the right to demand the Agency Responsible suppress his/her data when processing is necessary:

  • To exercise the right to freedom of expression and information
  • To comply with the Responsible Agency’s legal obligation
  • To file, exercise or defend claims
  • In the public interest based on current legislation, for public health reasons or for historical, statistical or scientific research purposes.

Right to data portability:

The interested party is entitled to ask the Agency Responsible to transfer your data to another Agency responsible for processing or to send the data to the party him or herself, through a customary, machine-readable structured format, when processing is effected through automatic means and is based on:

  • The consent of the interested party for specific purposes
  • The execution of a contract or preliminary contract with the interested party.

The right to data portability will not be applied when:

  • Transmission is technically impossible
  • It may adversely affect the rights and freedoms of third parties
  • Processing has a public interest mission founded on existing legislation.

Right to data processing restriction:

The interested party has the right to oppose the processing of his/her data by the Agency Responsible for reasons dealing with his/her particular situation, when processing is based on:

  • Direct marketing
  • Drawing up of profiles
  • A legitimate interest on the part of the Agency Responsible or third parties, as long as the rights and freedoms of the interested party, particularly if he/she is a child, do not prevail
  • Historical, statistical or scientific research, unless processing is necessary for public-interest reasons.

Even if the interested party is opposed to his/her data processing, the Agency Responsible may continue to process them as long as the Agency Responsible’s legitimate interest prevails over the interests or the rights and freedoms of the interested party in a legal proceeding that justifies it.

The Agency Responsible must inform the interested party of his/her right to oppose the processing of his/her data in a manner that is explicit, clear and separate from any other information, upon engaging in the first communication.

Right not to be subject to profiling:

The interested party has the right not to be subject to profiling when the purpose of said profiling is to adopt individual decisions based on automatic data processing for the purpose of evaluating, analysing or predicting the following personal information: 

  • Professional performance
  • Financial situation
  • Health
  • Personal preferences or interests
  • Reliability
  • Behaviour
  • The person’s location or movements.

When profiling is based solely on automatic data processing:

  • The interested party has the right to be informed as to whether any decision that may be taken may lead to legal consequences that affect him/her significantly
  • The interested party has the right to secure human intervention by the Agency Responsible, to express his/her point of view and to contest its decision, if processing has been authorised through:
  • The explicit consent of the interested party
  • A contract between the Agency Responsible and the interested party.

The right not to be subject to profiling when the decision that may be taken as a consequence of profiling is authorised by:

  • The explicit consent of the interested party
  • A contract between the Agency Responsible and the interested party
  • Data processing founded on existing legislation.
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