1. TOBECERTIFIED.COM PRIVACY POLICY
Please read this Privacy Policy carefully before you start using the Website, App or Tool and provide any personal information. It will help you make informed decisions.
This Privacy Policy applies as of the effective date at the end of this document. The Privacy Policy applies to the www.tobecertified.com site ("the Website").
In the processing of the personal data of its Users, To Be Certified complies at all times with the legislation in force in Spain and specifically, with 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, and which repeals Directive 95/46/EC (hereinafter referred to as "GDPR").
To Be Certified only processes personal data obtained from forms voluntarily filled in by Users under the principles of lawfulness, fairness and transparency, purpose limitation, data minimization, accuracy, limitation of the retention period, integrity and confidentiality and proactive responsibility.
IDENTITY AND CONTACT DETAILS OF THE CONTROLLER
To Be Certified, S.A., (hereinafter "To Be Certified" or "the Responsible Party") is a Panamanian company, domiciled in Corregimiento Ciudad de Panamá, Distrito Panama, Ciudad Panama, registered in the Mercantile Registry of Panama, Folio Nº155733136, e-mail info@tobecertified.com.
The User may contact the Data Protection Officer of To be Certified at the following e-mail address info@tobecertified.com and by post at the address indicated above.
CATEGORIES OF DATA, PURPOSE OF PROCESSING AND LEGAL BASIS
To be Certified processes the following categories of Users' data:
To be Certified only processes the personal data provided by Users and does not process special categories of personal data (Article 9 GDPR). The main purpose for which we process the User's information is to provide the services expressly requested in the information capture form, and also for the following purposes:
a) Provision of advertising and promotion services for professionals;
b) Provision of the services expressly requested by the User, consisting of obtaining quotes from Professionals to carry out inspections and certification of boats, as well as managing the payments and subscriptions of each Professional;
c) Provide support and support services to Users, report service or account issues (e.g., reset password, warn of improper conduct and, if necessary, report suspension or deletion of the User's account);
d) To send the User publications in paper format of an advertising nature about To be Certified and the services it provides;
e) In the event that the Professional so requests, the development of the management services of their clients and contacts, as well as their work carried out and in progress through the Tool. In this case, To be Certified will process the Professional's data under the processing order modality. (see "To be Certified as a Data Processor" in the "My Manager Tool" Terms of Service").
(f) Carrying out commercial, operational and statistical activities. No automated decisions will be made based on such a profile.
g) Sending newsletters and other commercial communications by e-mail about To be Certified and the maritime sector. The User may indicate his/her opposition to receiving such a newsletter at any time. Users expressly consent to receive these e-mails, although they may unsubscribe (i) by clicking on the link specified in any e-mail communication, (ii) by using their personal settings on the Website or (iii) by sending an e-mail to info@tobecertified.com. However, this will not result in the removal of certain non-commercial communications, such as messages related to your account.
h) Likewise, To be Certified may process users' data for the purposes of commercial and advertising communications about its own similar products and services.
In the case of commercial communications about similar products and services of its own, To be Certified may also process your data under the legal basis of the legitimate interest of the Data Controller (6.1.f) GDPR, with users having the right to object to such receipt at any time.
The legal basis for the processing of Users' data by To be Certified is the User's consent (art. 6.1 a) GDPR).
In the alternative, To be Certified may process the Users' data as a result of the need for the performance of a contract to which the User is a party (art. 6.1b) GDPR). This contract consists of the request for quotations by the Client and the advertising and promotion of the Professional's services.
In addition, To be Certified may use your personal data in compliance with applicable legal obligations, such as tax or accounting obligations (Art. 6(1)(c) GDPR).
In the case of Professionals, To be Certified may also process their data under the legal basis of the Controller's legitimate interest (6.1.f) GDPR). This legitimate interest consists of the maintenance and promotion of commercial and professional relationships between To be Certified and the Professionals and the prevention of fraud.
The communication of personal data by the User is voluntary and is not a legal or contractual condition or condition. However, the User's refusal will make it impossible for To be Certified to provide certain services to the User.
The User may withdraw consent at any time, without affecting the lawfulness of the processing based on consent prior to its withdrawal.
To be Certified will always ask for consent and inform the User before using their data for any purpose other than those described in this Privacy Policy.
RECIPIENTS OF PERSONAL DATA
To be Certified will communicate the Users' personal data to the following recipients, which the User expressly accepts:
i) Up to 15 Professionals who appear at any time in the directory of Recognized Organizations To be Certified in order to comply with the request made by the Client;
(ii) In an anonymized form, to providers of advertising and statistics sharing programming;
iii) To data processors who provide certain services for the Data Controller (advertising, administrative-accounting, etc.). In any case, the processor provides sufficient guarantees to implement appropriate technical and organisational measures, so that the processing complies with the requirements of this Regulation and ensures the protection of the rights of the data subject.
PERIOD OF DATA RETENTION.
The personal data provided will be kept for the duration of the relationship with the controllers and provided that the user does not request the deletion or cancellation of the same. After this period, they will be maintained for the established legal periods.
OTHER USER RIGHTS
The User can obtain confirmation as to whether To be Certified is processing personal data concerning him or her and access them.
The User may request from To be Certified the exercise of the rights of access to personal data, their rectification, deletion, limitation of their processing, opposition and portability, by sending an email to the address info@tobecertified.com, attaching a copy of the User's official identification document and clearly expressing the right they wish to exercise. You can request the forms for exercising the aforementioned rights to that email address.
The User may also lodge a complaint with a supervisory authority.
CHILDREN'S PRIVACY
The Website is intended for adults. To be Certified does not voluntarily collect or maintain any Personal Information from minors. If To be Certified becomes aware that the User is a minor, it will immediately delete their personal data and account.
SECURITY MEASURES ADOPTED BY TO BE CERTIFIED TO GUARANTEE THE CONFIDENTIALITY OF DATA
To be Certified takes the necessary technical and organizational measures to prevent the loss, misuse, alteration, unauthorized access or theft of the personal data provided, as well as to ensure a level of security appropriate to the risk, taking into account the state of technology, the costs of implementation, the nature, scope, context and purposes of the processing, as well as risks of varying probability and severity to the rights and freedoms of natural persons.
In the use of Users' personal data, To be Certified undertakes to respect confidentiality and to use them in accordance with the purpose for which they were processed, as well as to comply with its obligation to store them and adapt all technical and organizational security measures to ensure a level of security appropriate to the risk.
To be Certified takes particular account of the risks presented by data processing, in particular as a result of the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized disclosure of or access to such data.
In addition, To be Certified takes steps to ensure that any person acting under its authority and having access to Users' personal data may only process such data in accordance with To be Certified's instructions, unless they are required to do so under EU or Spanish law.
2. REPORTING
In the event that any User or third party considers that there are facts or circumstances that reveal the illegal nature of any content on the Website or App or its use, they must contact To be Certified through info@tobecertified.com or through the contact details indicated on the Website and in these Terms of Use. always indicating (i) the claimant's personal data (name, address, personal identification number or passport, telephone number and email address) and (ii) the alleged illegal activity carried out on the Website or App and its motivation that reveal such illegal nature.
3. TERM AND TERMINATION
The presentation of the services that To be Certified provides through the Website and the App has, in principle, an indefinite duration. However, To be Certified is authorized to terminate or suspend the provision of its services at any time, without prejudice to the provisions of the corresponding specific conditions. In any case, if possible, To be Certified will endeavor to give prior notice of the termination or suspension of any or all of the services.
4. APPLICABLE LAW AND COMPETENT JURISDICTION
These Terms of Use shall be governed by Panamanian law.
5. EFFECTIVE DATE AND MODIFICATIONS TO THE TERMS OF USE
To be Certified reserves the right to unilaterally modify, amend or change these Terms of Use at any time. When this occurs, the new Terms of Use will be posted on the Website as well as the date on which they will become effective at the end of the Terms of Use. We recommend that you visit this page regularly to keep up to date with any changes that may occur. If you do not agree to the modifications of these Terms of Use, please do not use the Website or the App. The continued use of the Website or App implies acceptance of these Terms of Use and any modifications thereto.
6. COOKIES POLICY
The Website may use cookies when a User browses its websites and web pages.
A cookie is a file that is downloaded to your computer when you access certain websites. Cookies allow a website, among other things, to store and retrieve information about the browsing habits of a User or their computer and, depending on the information they contain and the way in which they use their equipment, they can be used to recognize the User.
The cookies that a website may use are of the following type: