PRIVACY AND DATA PROTECTION POLICY
FESTELA informs the users of the website www.festelastore.com, that it may create an automated file with the personal data brought to its knowledge, either as a consequence of the use of the services offered on www.festelastore.com, as a result of sending an e-mail to the contact info@festelastore.com or through the use of contact or registration forms present on the website. In any case, the storage, protection and use of said data by FESTELA will be in strict compliance with the provisions of data protection legislation. In compliance with the provisions of Law 15/1999, of December 13, Protection of Personal Data, users may at any time exercise their rights of access, rectification, opposition and cancellation of their data, which have been collected and archived. The exercise of these rights must be made by written communication addressed to FESTELA (PASEO DE GRACIA 67 - 08008 - BARCELONA) or to the contact e-mail address (info@festelastore.com) indicating in any case, as reference PERSONAL DATA and the aforementioned right they intend to act, attaching a copy of their National Identity Document.
Availability and updates: FESTELA reserves the right to interrupt access to the website www. festelastore.com at any time and without prior notice, as well as to modify or eliminate the configuration of the site, the contents shown therein or the provision of any or all of the services provided through the same, whether for technical, security, maintenance or any other reason. Said interruption, edition or elimination may be of a temporary or definitive nature, and FESTELA shall not be held responsible for any such interruption, edition or elimination. Use of the website, its contents and services: Access to the contents and services offered on www.festelastore.com, and the use thereof by the User, is carried out at his/her own risk. FESTELA is not responsible for any possible damages that the user may suffer, nor for any technical problems or faults in the user's computer equipment that may occur due to: Misuse of the contents or services of www.festelastore.com by the user. Errors, defects or omissions in the information provided when it comes from sources other than FESTELA. Illegitimate intrusions beyond the control of FESTELA by third parties.
Trademarks: At www.festelastore.com some terms and logos may be mentioned indirectly and at an informative level, which constitute registered trademarks by their respective owners, and we are not responsible for the inappropriate use that third parties may make of these trademarks.
Links: FESTELA is not responsible for those other data, web sites or files to which it is possible to access through available links between the contents of www.festelastore.com, given that said pages or files object of the link are the responsibility of their respective owners. FESTELA, therefore, neither approves nor makes its own the products, services, contents, information, data, files and any kind of material existing in such web pages or files and does not control or, in accordance with the provisions of the LSSICE, is responsible for the quality, legality, reliability and usefulness of the information, contents, data and services existing in the linked sites and which are alien to www.festelastore.com. In the event that a competent body declares the unlawfulness of the data, orders their removal or that access to them is impossible, or the existence of the injury has been declared, the indicated links will be immediately removed, as soon as FESTELA is expressly notified.
FESTELA WILL UPDATE THE CHANGES THAT WILL COME INTO EFFECT ON MAY 25, 2018.
Your privacy is important to us at Festela. ("Festela," "we," "us," "us," or "our"), so we have created this privacy policy (this "Privacy Policy") to explain Festela's information collection and use practices in connection with the Service. You are also subject to the Privacy Policy: it is part of the Agreement, and by using the Service you agree that you have read it, understand it, and will abide by it. If you see any capitalized terms that are not defined in this Privacy Policy, they will have the meaning we give them in other parts of the Agreement.
1. Data controller
Festela is responsible for the processing of Personal Data about you as a Service User.
Festela Store
Paseo de Gracia 67, 4º piso, Barcelona 08008, Spain
Email: info@festelastore.com
2. Definitions
"controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by the law of the Union or of a Member State, the law of the Union or of a Member State may lay down the controller or the specific criteria for his appointment;
"GDPR" means the General Data Protection Regulation (EU) 2016/679;
"Personal data' shall mean any information relating to an identified or identifiable natural person ('data subject'); 'identifiable natural person' shall mean any identifiable natural person who can be identified, directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
"breach of personal data" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed;
"processing" means any operation or set of operations which is carried out on personal data or sets of personal data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or modification, retrieval, consultation, use, communication by transmission, dissemination or any other form of making available, adjustment or combination, restriction, deletion or destruction;
"controller" means any natural or legal person, public authority, agency or other body processing personal data on behalf of the controller;
"Special categories of personal data" means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data relating to health or data relating to the sexual life or sexual orientation of a natural person.
3. Access to personal data
Only Festela employees who need access to Personal Data in order to perform their work tasks are processing Personal Data. All these employees have signed confidentiality agreements.
4. Right of access to personal data
You have the right to obtain from Festela confirmation that your Personal Data is being processed or not and, where applicable, access to the Personal Data and the following information:
the purposes of the processing;
the categories of personal data concerned;
the addressees or categories of addressees to whom the personal data have been or will be communicated, in particular addressees from third countries, i.e. from a country outside the EU or EEA;
as far as possible, the intended period during which the personal data will be stored or, if this is not possible, the criteria used to determine that period;
the existence of the right to request Festela to rectify or delete Personal Data or to restrict the processing of Personal Data concerning you or to oppose such processing;
the right to lodge a complaint with a supervisory authority;
in the event that Personal Data is not collected from you, any available information as to its origin;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in such cases, significant information on the logic involved, as well as on the importance and expected consequences of such processing for you. When Personal Data are transferred to a third country, i.e. to a country outside the EU/EEA, or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 of the GDPR in relation to the transfer.
5. Right of rectification, etc.
Festela's purpose is to process only those Personal Data that are correct and up to date.
Rectification
You have the right to obtain from Festela, without undue delay, the rectification of inaccurate Personal Data concerning you.
The right to forget
You have the right to obtain from Festela the deletion of Personal Data concerning you without undue delay and Festela has the obligation to delete Personal Data without undue delay, inter alia where the Personal Data are no longer required in relation to the purposes for which they were collected or processed or where you have withdrawn the consent on which the processing is based.
Processing Restriction
You have the right to get a processing restriction from Festela if you have a particular reason for wanting the restriction. This may occur if you have problems with the content of the information we hold or with the way we have processed your personal data. It may also be the case that Festela no longer needs the Personal Data for the treatment of the same, but needs them for the establishment, exercise or defense of legal claims.
Data Portability
You have the right to receive the Personal Data concerning you, which you have provided to Festela, in a structured format, commonly used and machine-readable, and you have the right to transmit them to another data controller without any impediment on the part of Festela when the processing is based on consent or on a contract or when the processing is carried out by automated means.
Creating Profiles
You have the right to object to the processing of Personal Data concerning you on the basis of automated decisions and/or profiles. This shall not apply if the decision is necessary to conclude or perform a contract between you and Festela or derives from a legal obligation.
Right to lodge a complaint
You have the right to file a complaint with the supervisory authority.
7. The Personal Data We Collect and/or Receive
When you register to become a User or when you purchase a Product, you may be asked to provide us with Personal Information about yourself, including, but not limited to, your name, telephone number, email address and profile picture. The legal basis for such processing is the fulfillment of the contract with you. And, if you contact us through the Contact Us page, you will need to provide your name and other contact information. We do not collect any personal data from Visitors or Users when they use the Service, unless they provide such information voluntarily. Some of this
Personal Data (User Name/name, products and/or stores that you have chosen to save in your profile, the Users that you follow and the Users that follow you), will be publicly accessible through the Service, and we may display this Personal Data publicly accessible to other Users or elsewhere on the Service, by themselves or in connection with other Information related to your activities on the Service or any User Content that you provide.
In addition, we may collect or receive additional information. This other information may be collected:
Your activity. In an ongoing effort to improve the Service and the user experience, we automatically collect certain information when Visitors and Users access and use the Service. Such information includes, without limitation, IP addresses, browser type and language, referring/exit pages and URLs, date and time, amount of time spent on particular pages, Stores tracked or reviewed, Products purchased, which sections of the Website are accessed, what features of the Service are used, log files and similar information and data. The legal basis for the processing of personal data is the legitimate interest.
Cookies. We collect information using cookie technology. Cookies are small pieces of data that a website stores on your computer's hard drive so that your computer "remembers" information about your visit. We may use session cookies (which expire once you close your web browser), persistent cookies (which remain on your computer until you delete them) or equivalent technologies (including but not limited to "Local Storage") to help us gather information and to improve your experience using the Service. If you do not want us to place a cookie on your hard drive, you may be able to disable this feature on your computer. Please refer to your Internet browser's documentation for information on how to do this and how to remove persistent cookies. However, if you choose not to accept cookies from us, the Website or the Service may not function properly.
From you. You may voluntarily provide us with additional information about yourself that does not personally identify you, including, without limitation, your preferences for gender, country, product and service, and other information.
To process any transaction through the Service, such as for a Product or Application, you may be asked to provide certain billing information, such as information related to your PayPal account, debit card number, credit card number, expiration date, bank account information, billing address, activation code and similar information (collectively, the "Billing Information"). This Billing Information may be collected and processed by our external payment providers ("Payment Platform") in accordance with the terms and conditions of their privacy policies and terms of use. If we obtain access to your Billing Information in connection with those transactions, we promise not to share it with third parties unless necessary to process your transaction or administer the Service.
8. How we use and share personal data
We may use Personal Data to provide and improve our Website, Service and other products and services; to process transactions you request; to inform you about our products and services and those of our promotional partners; and to provide you with personalized content (such as newsletters) based on your activity in connection with the Service.
We may use and/or share Personal Data as described below.
We may share our Users' Personal Data with our resellers, distributors and sales representatives, who may use the Information to help inform Users about our products and services.
From time to time, we may share personal information with other companies, which may provide you with information about the products and services they or their partners offer. However, to the extent required by law, you will be given the opportunity to opt out of such an exchange.
We will access, use and share Personal Data as necessary to fulfill our contractual obligations to you (legal basis according to GDPR: fulfillment of a contract) and to respond to your questions or requests regarding our products, services and/or support. We have legitimate interests to process personal data in connection with customer service and support (legal basis according to GDPR: legitimate interest).
We may employ other companies and individuals to perform functions on our behalf, i.e. data processors. Examples may include the provision of technical assistance, contracting services, order fulfillment, customer service and marketing assistance. These other companies will have access to Personal Data only to the extent necessary for the performance of their functions and to the extent permitted by law.
In a continuing effort to better understand our Visitors, Users, Website, Service and other products and services and those of our promotional partners, we may analyze certain information anonymously and in aggregate form. This aggregate information does not personally identify you. We may share and/or license this aggregate data with our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregate user statistics to describe the Website and these products and services to current and potential business partners and other third parties for other lawful purposes.
We may share some or all of your Personal Data with any of our parent companies, subsidiaries, joint ventures or other companies under our common control.
As we develop our businesses, we may sell or buy businesses or assets. In the event of a sale, merger, reorganization, sale of assets, dissolution or similar event, Personal Data may form part of the transferred assets.
To the extent permitted by law, we may also disclose Personal Data: (i) when required by law, a court order or other governmental or law enforcement authority or regulatory agency; or (ii) when we believe that disclosure of Information is necessary or advisable, for example, to protect the rights, property or safety of Festela or others.
10. Access to and modification of personal data and communication preferences
Users may access, delete, review and/or make changes to their Personal Data by following the instructions found on the Website. In addition, you may manage the receipt of marketing and non-transactional communications by clicking on the "unsubscribe" link at the bottom of any Festela marketing email. We will use commercially reasonable efforts to process such requests in a timely manner. However, you should be aware that it is not always possible to remove or completely modify information from our subscription databases. Users and job seekers may not opt-out of receiving transactional emails related to their Festela account.
11. How we protect personal data
We take reasonable steps to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Personal Data you provide will not be intercepted as it is transmitted to and from us over the Internet. In particular, e-mail sent to or from the website may not be secure, so you should be especially careful when deciding what information you send to us by e-mail.
12. External Websites
The Website may contain links to External Sites. Festela has no control over the privacy practices of the External Sites, and we are not responsible for the content or privacy policies of such External Sites. You should check the applicable third party privacy policy and terms of use when you visit any External Sites.
13. Storage of personal data
We only store your personal data for as long as it is necessary for the purposes for which the personal data is processed.
14. Changes to the Privacy Policy
Festela may change its Privacy Policy from time to time at its sole discretion. Such changes will be posted on the website, and Festela encourages visitors to check this page frequently. Please note that, to the extent permitted by applicable law, our use of Information is governed by the Privacy Policy in effect at the time we collect the Information.
In compliance with the provisions of the RGPD, the user may exercise their rights of access, rectification, cancellation / deletion, opposition, limitation or portability. To do so, you must contact us by e-mail at info@festelastore.com.
DATE: Version in force from 2018.05.25