Data privacy policy
DATA PRIVACY POLICY
This privacy policy establishes how the personal data provided to us by the DATA SUBJECT will be managed. This policy is expressly and fully accepted by the DATA SUBJECT from the moment they communicate their personal data to the DATA CONTROLLER for the use of the website or the services offered, as such communication is always voluntary and implies an explicit act of acceptance of the conditions for processing their personal data for the purpose informed by the DATA CONTROLLER.
For the purposes of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council, on the protection of natural persons with regard to the processing of personal data, and Organic Law 3/2018, of December 5, on Personal Data Protection and Guarantee of Digital Rights, the DATA CONTROLLER's details are provided clearly and transparently.
1.- IDENTIFYING AND CONTACT DETAILS OF THE DATA CONTROLLER.
COMPANY NAME: BROTHERS A&A INTERNATIONAL SHOES, S.L.
C.I.F. (Tax ID): B-54797824
ADDRESS: C/ TALES DE MILETO, NUMERO 5 – 03203 ELCHE (ALICANTE)
E-MAIL: eshop@thefashionmark.com
The DATA CONTROLLER has adopted appropriate security measures in its facilities, systems, and processing operations. It has established all technical means at its disposal to prevent the loss, misuse, alteration, unauthorized access, and theft of the data provided by the DATA SUBJECT, thus ensuring its integrity and confidentiality.
Failure to provide the requested personal data or to accept this data protection policy makes it impossible to provide the services requested by the DATA SUBJECT.
The data provided by the User will be kept as long as there is a mutual interest in maintaining the purpose of the processing and for the period during which legal liabilities may arise from the services provided. When it is no longer necessary for this purpose, it will be deleted with appropriate security measures to ensure the pseudonymization of the data or its complete destruction.
2.- WHAT PERSONAL DATA DO WE PROCESS AND HOW DID WE OBTAIN IT?
The personal data we process has been provided by the data subject when completing the forms on our website, or through the telephone number and/or email address listed on our main homepage.
The categories of data processed are identifying data. No specially protected categories of data are processed.
The data subject is responsible for the veracity and accuracy of the data provided and for communicating any changes that occur to enable its updating.
ONLINE STORE USER REGISTRATION: The site has a public area, accessible to anyone who accesses it, and private areas, accessible only when the USER has registered in the online store; in this case, the USER must keep the access key in strict confidence. To do this:
- Access profiles and passwords used must be confidential, personal, and non-transferable. The password holder is responsible for its use.
- The user must not save their access key in a legible form in files on disk, paper, or any other type of medium where it may be accessible.
- The user will change the password in the following circumstances:
- Whenever there is a suspicion that its security may have been compromised.
- Whenever it is known by another user or it is suspected that it may be known.
In accordance with the foregoing, it is the USER's obligation to immediately notify the DATA CONTROLLER of any event that may lead to the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with their immediate cancellation. Until such facts are communicated, the DATA CONTROLLER will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.
3.- FOR WHAT PURPOSE DO WE PROCESS YOUR DATA?
We process your data for the following purposes:
• Provision of requested services: we process your personal data to provide the requested services (online order delivery).
• Contact forms: responding to information requests.
• Sending emails: commercial communications with third parties (clients, suppliers, contact persons).
• Sending commercial communications through any means, whether electronic (WhatsApp, email, SMS, MMS, etc.) or non-electronic (ordinary mail, etc.), including our newsletter, provided that its purpose is to maintain the existing relationship between the User and the DATA CONTROLLER, as well as to carry out information tasks and other activities inherent to the services it provides.
• Participation in promotions to receive discounts on future purchases.
4.- FOR HOW LONG DO WE PROCESS YOUR DATA?
We retain the personal data provided for the time necessary to fulfill the purposes for which it was collected, as well as for the legal period during which any type of liability may be demanded.
• Provision of requested services (online order delivery): the personal data provided will be retained as long as the contractual relationship is maintained, or for the time necessary to comply with legal obligations and as long as they are adequate, relevant, and limited to what is necessary for the purposes for which they are processed.
• Contact forms: once your request has been answered, the data will be deleted unless the user maintains a contractual relationship with the Data Controller.
• Sending emails: personal data will be retained for an appropriate period in each case, based on professional and legal criteria.
• Sending commercial communications, including our newsletter: personal data will be retained until their removal or deletion from our database is requested.
• Participation in promotions: personal data will be retained until their removal or deletion from our database is requested.
5.- WHAT IS THE LEGITIMACY FOR PROCESSING YOUR DATA?
• Provision of requested services (online order delivery): the legal basis for processing your data is the contractual relationship with the client for online orders, as well as the user's consent by accepting our privacy policy.
• Contact forms: the legal basis for processing your data is the user's consent by accepting our privacy policy.
• Sending emails: the legal basis for processing your data is the user's consent when requesting information from us via email.
• Sending commercial communications: the legal basis for processing your data is the user's consent by accepting our privacy policy.
• Participation in promotions: the legal basis for processing your data is the user's consent by accepting our privacy policy.
6.- TRANSFER OF USER'S PERSONAL DATA TO THIRD PARTIES.
The DATA CONTROLLER will not transfer or communicate your data to any third party, except in cases legally provided for or when the provision of a service implies the need for a contractual relationship with a Data Processor.
Thus, the DATA SUBJECT accepts that some of the personal data collected will be provided to these Data Processors, such as transport and courier companies for the delivery of the purchased product. The User also accepts that, in the case of service provision, these may be, totally or partially, subcontracted to other persons or companies, who will be considered Data Processors, with whom the corresponding confidentiality agreement has been made, or who have adhered to their privacy policies, established on their respective websites. The User may refuse the transfer of their data to the Data Processors, by written request, by any of the means previously referenced in section 9 of this Privacy Policy.
7.- INTERNATIONAL DATA TRANSFERS
We may use social networks as a means of communication and promotion of our services. We do not use data for unauthorized purposes. We are not responsible for the content, comments, opinions or information, whether ours or from third parties, that users publish on our social accounts. Social networks have their own privacy policies, we recommend that you review them carefully before using these social networks.
We also inform you that we use MailChimp and Klaviyo as marketing automation and advertising sending platforms. By accepting our privacy policy, you understand that the information you provide will be transferred to the servers of both companies located outside the EU. For more information, we recommend you read their privacy policies https://www.klaviyo.com/legal/privacy/privacy-notice.
8.- MINORS
Minors should refrain from providing any data through https://www.thefashionmark.com. In any case, the DATA CONTROLLER is not responsible for the veracity and accuracy of the data filled in by the User and therefore cannot verify their age.
9.- EXERCISE OF RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION OR DELETION, OPPOSITION, LIMITATION OF PROCESSING, AND DATA PORTABILITY.
We inform you that the rights of access, rectification, deletion, limitation of processing, or opposition to processing, as well as the right to data portability, may be exercised before the DATA CONTROLLER by any legally recognized means, accompanied by a copy of an official identification document, by writing to: BROTHERS A&A INTERNATIONAL SHOES, S.L., with postal address C/ TALES DE MILETO, NUMERO 5 – 03203 ELCHE (ALICANTE), or by sending an email to eshop@thefashionmark.com, indicating in the subject: DATA PROTECTION RIGHTS, and attaching a photocopy of your ID. If you consider that the processing does not comply with current regulations, you may file a complaint with the supervisory authority at agpd.es.
The request must contain the DATA SUBJECT's full name, a copy of their ID/NIF and, where permitted, that of the person representing them, as well as a document accrediting the representation, a clear statement of the request, an address for notification purposes, the date and signature of the applicant, and any documents supporting the request. If the request does not meet the specified requirements, it will be requested to be corrected. Regarding the right of access, it will only be denied if the request is made by a person other than the data subject. No compensation will be required for the exercise of these rights.
If consent has been granted for any specific purpose, the right to withdraw such consent may be exercised at any time, without affecting the lawfulness of the processing based on consent prior to its withdrawal.
The DATA SUBJECT is informed of their right to file a complaint with the Spanish Data Protection Agency (AEPD) and/or request its protection, particularly when they consider that they have not received satisfaction from the DATA CONTROLLER in the exercise of their rights, through the electronic headquarters of its web portal (www.agpd.es), or by writing to its postal address (C/Jorge Juan, 6, 28001-Madrid).
The DATA SUBJECT declares to have been informed of the conditions regarding Personal Data Protection in the terms established in Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council, regarding the protection of natural persons with regard to the processing of personal data, granting their consent for the processing of their personal data in relation to the purposes described above, in the manner and for the purposes indicated in this Privacy Policy.
The DATA CONTROLLER reserves the right to modify its data protection policy according to its criteria, or due to a legislative, jurisprudential, or business practice change.
If the DATA CONTROLLER includes any modification, the new text will be published on this same Website, where the DATA SUBJECT may be aware of the current data protection policy.
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