Privacy policy

 

Personal Data Protection According to the LOPDDD

Antonio Banares Jewelry & Diamond Traders LLC, in accordance with current regulations on personal data protection, informs that personal data collected through the forms on the website: www.smartdiamondinvestors.com is included in the specific automated files for users of Smart Diamond Investors® services.

The automated collection and processing of personal data aims to maintain the commercial relationship and to perform information, training, advisory, and other activities related to Smart Diamond Investors®.

This data will only be shared with entities necessary to fulfill the previously stated purpose.

Antonio Banares Jewelry & Diamond Traders LLC adopts the necessary measures to ensure the security, integrity, and confidentiality of the data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals concerning the processing of personal data and the free movement of such data.

Users can exercise their rights of access, opposition, rectification, and cancellation recognized in the mentioned Regulation (EU) at any time. Users can exercise these rights by emailing: info@smartdiamondinvestors.com.

Users declare that all data provided by them is true and correct and commit to keeping it updated by communicating changes to Antonio Banares Jewelry & Diamond Traders LLC.

Purpose of Personal Data Processing:

What purposes will we use your personal data for? At Smart Diamond Investors, we will process your personal data collected through the website: www.smartdiamondinvestors.com for the following purposes:

  1. In the case of contracting goods and services offered through Smart Diamond Investors.com, to maintain the contractual relationship, as well as the management, administration, information, provision, and improvement of the service.

  2. Sending requested information through the forms available on www.smartdiamondinvestors.com.

  3. Sending newsletters and commercial communications about promotions and/or advertising from Smart Diamond Investors® and the sector.

Please remember that you can oppose the sending of commercial communications by any means and at any time by sending an email to the previously indicated address.

The fields in these records are mandatory, and it is impossible to achieve the stated purposes if this data is not provided.

How long will the collected personal data be retained?

The personal data provided will be retained as long as the commercial relationship is maintained or until you request its deletion and for the period during which legal responsibilities could arise from the services provided.

Legitimacy:

The processing of your data is based on the following legal grounds:

  1. The request for information and/or the contracting of Smart Diamond Investors.com services, the terms and conditions of which will be made available to you prior to any potential contracting.

  2. Free, specific, informed, and unequivocal consent, as we inform you by providing this privacy policy, which you can accept through a declaration or a clear affirmative action, such as checking a box provided for that purpose.

If you do not provide your data or if you provide it incorrectly or incompletely, we will not be able to attend to your request, making it entirely impossible to provide the requested information or carry out the contracting of the services.

Recipients:

Data will not be communicated to any third parties outside of Smart Diamond Investors.com except as required by law.

As data processors, we have contracted the following service providers, who have committed to complying with the applicable regulatory provisions on data protection at the time of their hiring:

  • (PROCESSOR) Antonio Bañares López Mellado, with address at MENAUL BOULEVARD NE STE A, ALBUQUERQUE USA, NIF/CIF nº35-2816365, providing diamond supplier services.

You can consult the company’s privacy policy and other legal aspects at the following link: https://smartdiamondinvestors.com/politica-de-privacidad-2/

Data Collected by Users of the Services:

In cases where the user includes files with personal data on shared hosting servers, Smart Diamond Investors® is not responsible for the user’s non-compliance with the GDPR.

Data Retention in accordance with the LSSI:

Antonio Banares Jewelry & Diamond Traders LLC informs that, as a data hosting service provider and in accordance with Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (LSSI), it retains the essential information to identify the origin of the hosted data and the time the service began for a maximum period of 12 months. The retention of this data does not affect the confidentiality of communications and may only be used within the framework of a criminal investigation or for the safeguarding of public security, being made available to judges and/or courts or the Ministry that requires it.

The communication of data to the State Security Forces will be made in accordance with the provisions of the regulations on personal data protection.

Intellectual Property Rights:

Antonio Bañares López – Mellado holds all copyright, intellectual property, industrial rights, “know-how,” and any other rights related to the contents of the website www.smartdiamondinvestors.com and the services offered therein, as well as the programs necessary for their implementation and related information.

Reproduction, publication, and/or non-strictly private use of the total or partial contents of the website www.smartdiamondinvestors.com is not allowed without prior written consent.

Intellectual Property of Software:

Users must respect third-party programs made available by Antonio Banares Jewelry & Diamond Traders LLC, even if they are free and/or publicly available. The company holds the necessary exploitation and intellectual property rights of the software.

Users do not acquire any rights or licenses for the contracted service concerning the software necessary for the provision of the service, nor on the technical information for service monitoring, except for the necessary rights and licenses for the fulfillment of the contracted services and only during their duration.

For any action that exceeds compliance with the contract, users will need written authorization from Antonio Banares Jewelry & Diamond Traders LLC, and users are prohibited from accessing, modifying, viewing the configuration, structure, and files of the servers owned by Antonio Banares Jewelry & Diamond Traders, assuming civil and criminal liability arising from any incidents that may occur on the servers and security systems as a direct consequence of negligent or malicious actions on their part.

Intellectual Property of Hosted Content:

The use contrary to the legislation on intellectual property of the services provided by Antonio Banares Jewelry & Diamond Traders LLC is prohibited, and in particular:

  • The use that is contrary to the law or infringes third-party rights.
  • The publication or transmission of any content that, in the opinion of Smart Diamond Investors, is violent, obscene, abusive, illegal, racist, xenophobic, or defamatory.
  • Cracks, serial numbers of programs, or any other content that infringes third-party intellectual property rights.
  • The collection and/or use of personal data from other users without their express consent or contrary to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, concerning the protection of individuals in relation to the processing of personal data and the free movement of such data.
  • The use of the email server of the domain and email addresses for sending unsolicited bulk mail.

Users are fully responsible for the content of their website, the information transmitted and stored, hypertext links, third-party claims, and legal actions regarding intellectual property.

Third-Party Rights and Protection of Minors:

Users are responsible for complying with applicable laws and regulations and the rules related to the operation of online services, e-commerce, copyright, maintenance of public order, as well as universal principles of Internet use.

Users will indemnify Antonio Banares Jewelry & Diamond Traders LLC for any costs incurred due to the attribution of responsibility to Antonio Banares Jewelry & Diamond Traders LLC in any case attributable to the user, including legal fees and expenses, even in the case of a non-definitive judicial decision.

Protection of Hosted Information:

Antonio Banares Jewelry & Diamond Traders LLC performs backups of the contents hosted on its servers; however, it is not responsible for the loss or accidental deletion of data by users. Similarly, it does not guarantee the total restoration of data deleted by users, as the said data may have been deleted and/or modified during the time elapsed since the last backup.

The services offered, except for specific backup services, do not include the restoration of contents stored in backups made by Antonio Banares Jewelry & Diamond Traders LLC when this loss is attributable to the user; in this case, a fee will be determined according to the complexity and volume of the recovery, always prior to user acceptance.

The restoration of deleted data is only included in the service price when the loss of content is due to causes attributable to Antonio Banares Jewelry & Diamond Traders LLC.

Commercial Communications:

In application of the LSSI, Smart Diamond Investors® will not send advertising or promotional communications via email or any other equivalent electronic means that have not been previously requested or expressly authorized by the recipients.

In the case of users with whom there is a prior contractual relationship, Antonio Banares Jewelry & Diamond Traders LLC is authorized to send commercial communications regarding products or services from Antonio Banares Jewelry & Diamond Traders LLC that are similar to those initially contracted with the client.

In any case, the user, upon proving their identity, may request not to receive further commercial information through Customer Service channels.

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