In compliance with Organic Law 15/1999, of 13 December, on the Protection of Personal Data (hereinafter LOPD) and with Royal Decree 1720/2007, of 21 December, approving the Regulation implementing LOPD (hereinafter RDLOPD) LIGHTINGSPAIN, S.L.U. (hereinafter LIGHTINGSPAIN) wishes to inform users of the platform the policy concerning the processing and protection of personal data of those persons who voluntarily communicate via e-mail with LIGHTINGSPAIN, fill in data collection forms, make an online purchase or use any other service present on the platform that involves the communication of their personal data to LIGHTINGSPAIN.
Likewise, the user is informed that these conditions will be applied subsidiary of those others that on the same subject are established with a special character and are communicated to the user without limitation through the registration forms, conditions of purchase or contracting or conditions of particular services, the present policy being complementary to the previous ones in that which is not contradicted.
The user is cautioned that any processing of personal data will be under the scope of the legislation in force in Spain in the field of data protection, established by the Data Protection Act (LOPD) and its accompanying regulations and development.
For such purposes, personal data means any information concerning identified or identifiable natural persons, which in the latter case unequivocally identifies the interested parties, and user means any identified or identifiable natural person who uses a service of the information society put at his service on the platform and through it he informs LIGHTINGSPAIN of his personal data, such as, without limitation, e-mail, completion of data collection forms, online purchase or other.
1. IDENTIFICATION OF THE BUSINESS NAME OF THE DATA CONTROLLER
LIGHTINGSPAIN informs the user of the platform of the existence of several personal data processing and files, for which LIGHTINGSPAIN, S.L. (hereinafter LIGHTINGSPAIN) is responsible, where personal data derived from the exploitation of the platform are collected and stored or that the user communicates to LIGHTINGSPAIN by any means.
2. AIMS TO WHICH PERSONAL DATA ARE INTENDED
The user who access the platform of LIGHTINGSPAIN is not required to provide personal information to use the platform, therefore, any data communication to that effect it is because the user has voluntarily decided a navigation or customized use of the services.
However, LIGHTINGSPAIN has -in particular and without limiting character- request forms of personal data for the adhesion by users to particular services of the platform such as, but not limited to, the previous registration to make an online purchase, those forms provided during the online purchase process made by a user necessary to carry out its management, those forms provided for waste management, guarantees, withdrawal and returns, the contact form as well as those other forms that LIGHTINGSPAIN decides to include in the platform.
In this sense, in particular and without limitation, in case the user has an interest in accessing private services conditioned to the previous registration, must complete the forms of request of personal data or those other means for the adhesion by the user to the particular services that in each case are offered through the platform.
Notwithstanding the foregoing in these conditions, in the above cases the conditions of processing of data in each case established and communicated to the user by LIGHTINGSPAIN through the registration forms, online purchase conditions and / or conditions of the particular services, reception of advertising commercial communications or others, will be of preferential application, this policy being complementary and of application subsidiary of the above in that which is not contradicted.
LIGHTINGSPAIN does not request or require specially protected data of the user, understood by them, in accordance with Articles 7 and 8 of the Data Protection Act (LOPD), data relating to race or ethnic origin, religious beliefs, criminal record, physical or mental health, or sexual orientation. In the event that the processing of any of the aforementioned personal data for the provision of services through the platform is required and necessary, LIGHTINGSPAIN shall request the express consent of the user to collect and use that information, informing previously, unequivocally and expressly of the purpose of collecting and processing such information.
Notwithstanding the foregoing, the communication by the user of this type of data to LIGHTINGSPAIN is an express manifestation of his will for the processing of said data by LIGHTINGSPAIN in accordance with the legitimate purposes that motivate said communication.
3. INFORMATION AND CONSENT
When the user does not maintain any legal relationship with LIGHTINGSPAIN he must take into account and he is reported that sending an e-mail to LIGHTINGSPAIN -to e-mail addresses posted on the platform, as well as the completion of the “contact” form and /or the communication by the user to LIGHTINGSPAIN of any other personal data through any means such as telephone or postal, entails or implies the provision of his free, unequivocal, specific, informed and express consent to the processing of his personal data by LIGHTINGSPAIN.
In general, the processing of personal data of users may be carried out - without limitation and by way of example - with the following purposes:
- In case the user contacts LIGHTINGSPAIN to make inquiries or request information, said processing of data will be done in order to attend and answer the communications received and send the requested information to LIGHTINGSPAIN.
- If the data is supplied to LIGHTINGSPAIN in order to register on the platform, the data will be processed in order to manage the registration process in the platform and ensure the management of his account by the user. In his account the user will have a series of services and, in addition, he will be able to see his history and details of orders, discount vouchers, list of gifts and personal data.
- If the user is registered, LIGHTINGSPAIN may use his data to send him information related to the service and uses made by the user, as well as in particular notifications about possible interruptions of the service, modification of services, change of general conditions of use, privacy, cookies and / or purchase through the platform or others that need to be carried out within the established legal relationship.
- If the data is supplied to make an online purchase, the data will be processed to manage that purchase, which includes authenticating the user's identity, processing his order, collecting the price and delivery of the product, waste management, guarantee management, returns and right of withdrawal, customer service, discount vouchers as well as any purposes derived directly or indirectly from the making of an online purchase through the platform, all without prejudice that this information will be indicated specifically in the Particular Conditions of Purchase and in the data request forms used for such purposes.
- In cases where the user expressly agrees that he wishes to receive commercial communications regarding the products and services marketed by LIGHTINGSPAIN as well as by the entities of the decorative lighting sector associated with FEDAI www-fedai-dec.com (SPANISH FEDERATION OF LIGHTING MANUFACTURERS AND EXPORTERS OF DECORATIVE LIGHTING) his data will be processed to manage the sending of the same as well as the possible revocation of the consent of the user, opposition to the processing, unsubscription or exclusion of the sending of advertising communications and the service. For the latter, LIGHTINGSPAIN will be able to carry out the processing of the minimum necessary data of the user to guarantee the cessation or non-reception of advertising commercial communications when he has requested it.
Accordingly, if the user does not agree with the processing of his data by LIGHTINGSPAIN, he must refrain from communicating or sending his personal data to LIGHTINGSPAIN, making an anonymous navigation through the platform or, if appropriate, not using the services of the platform.
Personal information will only be used for limited purposes, such as those presented above and / or, without limitation, those that are unequivocally informed prior to the collection and processing of the data of the interested party and constitute a legitimate processing by LIGHTINGSPAIN.
Within the framework of the provision of the services and content offered through the platform, LIGHTINGSPAIN may at any time request personal data from the platform user through forms or other means. In such cases, LIGHTINGSPAIN will include an information communication in the data collection form, which will indicate all the conditions for processing personal data in accordance with article 5 of the LOPD, such as the mandatory or optional nature of the response to the questions raised, the consequences of obtaining the data or refusal to provide them, the purposes of the collection, the possible assignments that are carried out, and, if applicable, request consent for the processing of personal data to be performed. Also, those services that have specific conditions, will include the corresponding information text of the conditions that particularly regulate the use of the service. This policy will always be complementary and subsidiary to the informative texts indicated, in that which do not contradict them.
4. IDENTIFICATION OF THE ADDRESSEES FOR WHICH LIGHTINGSPAIN INTENDS TO MAKE ASSIGNMENTS OR COMMUNICATIONS OF DATA
LIGHTINGSPAIN is only planning to make assignments or communications of data that due to Article 11.2.c. of the LOPD must make to meet its obligations with the Public Administrations competent in the matter in the cases that are required in accordance with the Legislation in force in each subject at any time and, if necessary, also to other bodies such as National Security Forces and Bodies, Judges, Public Prosecutor, Courts, Court of Accounts or Ombudsman.
In case the user makes an online purchase through the platform, LIGHTINGSPAIN may transfer his data to the third parties necessarily involved in the management of the purchase in order to properly manage the entire purchase process, such as the banking entities involved in the collection of the price of the product, courier companies, transport, insurance and assemblies and any other third parties that necessarily, directly or indirectly, intervene in the management of the online purchase in all its phases and processes in accordance with the established in the applicable laws in force. To do so, LIGHTINGSPAIN will expressly inform the recipients of his data and the purpose of the communication in the user's own registration form as well as in the Particular Conditions of Purchase y and legal texts that regulate it. If the user does not agree with the proposed data transfers should refrain from making any purchase online.
In the event that the user participates in an event organized by LIGHTINGSPAIN, his data may be assigned to third parties involved in the management of the event.
Likewise, LIGHTINGSPAIN informs the user that any other data assignment to be made, will be made known to him when the LOPD so provides, informing him / her expressly, precisely and unequivocally of the recipients of the information, of the purpose for which the data will be used, and of the nature of the data assigned, or in its case, when the LOPD establishes it, previously unequivocal, specific and informed user consent is required.
5. OTHER RECIPIENTS OF INFORMATION
LIGHTINGSPAIN warns the user that this entity is only responsible and ensures the confidentiality, security and processing of data under this policy regarding the personal data that it collects from the user through the platform, not having any responsibility for the processing and subsequent use of personal data by third party service providers of the information society that could access such data due to the provision of their services or the exercise of their activity.
Third party service providers of the information society shall be understood -without limitation- those natural or legal persons who provide the following services: (i) Transmission by a data communication network provided by the service recipients. (ii) Services of access to such a network. (iii) Data storage or hosting services. (iv) Provision of content or information.
Likewise, LIGHTINGSPAIN is not responsible for data processing carried out by third parties that establish hyperlinks to LIGHTINGSPAIN nor of those responsible to those who through hyperlinks LIGHTINGSPAIN refers users of the platform.
6. DATA QUALITY
LIGHTINGSPAIN warns the user that, except the existence of a legally constituted representation, no user may use the identity of another person and communicate his personal data, so the user must at all times keep in mind that, if he uses the electronic mail, he can only include personal data that correspond to his own identity and are appropriate, relevant, current, accurate and true. To this end, the user will be solely liable for any damage, direct and / or indirect, caused to third parties or LIGHTINGSPAIN for the use of personal data of another person, or his own personal data when they are false, inaccurate, not current, inappropriate or irrelevant. Likewise, the user who provides the personal data of a third party will respond before the latter of the reporting obligation established in article 5.4 of the LOPD for when the personal data have not been obtained from the person concerned, and / or of the consequences of not having informed him.
7. DATA OF MINORS OR INCAPACITATED
Also, if the user is under eighteen (18) or incapacitated, LIGHTINGSPAIN warns of the need to have the consent of his parents, guardians or legal representatives for the communication of his personal data to LIGHTINGSPAIN, so LIGHTINGSPAIN requests that he refrains from using the email service and that does not register in any service or application of LIGHTINGSPAIN. The registration and use of the services of this site, in particular the purchase, is prohibited to minors of eighteen (18) years of age and incapacitated that in the latter case they are not legally represented in accordance with the laws in force, otherwise LIGHTINGSPAIN is not responsible for the actions of the minor or incapacitated.
8. FOLLOW US ON SOCIAL NETWORKS
Social networks are services provided by third-party providers that allow users to participate in a virtual community with other users through which they can generate their own public profile where they create and share content, information and personal data with other users of the network.
In a social network, the users can create an account or profile for professional or personal purposes. The operation of the social network is regulated primarily by the conditions established by the owner and / or provider of the network, and secondly, when dealing with accounts or profiles for commercial purposes, by the terms and conditions set by the person in charge of the profile or official page or commercial account.
LIGHTINGSPAIN has profiles in some social networks such as, but not limited to, Facebook, Instagram, Linkedin, Google+. The user can follow us and become a fan of LIGHTINGSPAIN in the mentioned social networks and in the different social networks that we indicate to him through the platform of LIGHTINGSPAIN.
Our official sites and pages on social networks are aimed at people over 18, so if you want to be part of our official sites and pages you must be over 18 years and read carefully the conditions and policies published by LIGHTINGSPAIN.
LIGHTINGSPAIN is responsible for the administration of its sites and the official pages in social networks as long as they are the original official sites and pages and therefore have been created by LIGHTINGSPAIN and the operation of the social network itself allows LIGHTINGSPAIN such administration.
If the user becomes a follower of the official sites and pages of LIGHTINGSPAIN, the user must respect the specific conditions provided and published in each official site or page by the provider and owner of the social network and those published by LIGHTINGSPAIN. The fact of becoming a "friend" or "follower" of our official sites and pages in social networks implies that the user consents to the processing of his data as established in the policies and conditions that in each case regulate its use as stated above.
LIGHTINGSPAIN is not responsible for the unofficial sites and pages that other third parties can create in social networks not even imitating the image and look & feel of LIGHTINGSPAIN.
LIGHTINGSPAIN is responsible for the processing carried out through its official sites and pages in social networks. If the user becomes a friend or follower of our official sites and pages in social networks, his personal data will be processed in order to properly manage the website or the official page, know his opinions and / or comments, as well as inform and make him a participant in the different events that are carried out by LIGHTINGSPAIN, through those official sites and pages in social networks.
In any case the user is informed that LIGHTINGSPAIN will be able to remove from its official sites and pages in the social networks any information that goes against the rules established in the legal conditions of the provider or owner of the social network in each case, particular conditions established by LIGHTINGSPAIN that regulate its official sites and pages, as well as contrary to the provisions of the law, morality and public order and / or against the legitimate rights of third parties.
Likewise, the owners or providers of social networks may eliminate those contents that, either ex officio or through the complaint of another user, go against the norms or rules of operation imposed by the provider or owner of each of the networks.
In order to stop following the official site or page of LIGHTINGSPAIN or any of the official sites or pages in social networks, the user must follow the steps indicated in the operating and use conditions of each network provider without LIGHTINGSPAIN being able to intervene in this process. However, LIGHTINGSPAIN reserves the right to create, edit, modify and / or delete its official sites and / or pages without prior notification to the user.
In order to make any inquiries regarding the processing of data that is made of the followers in the official sites or pages of LIGHTINGSPAIN in the social networks, the user can contact LIGHTINGSPAIN through the email email@example.com
9. UPDATED DATA
The user is the only source of information of his personal data, so LIGHTINGSPAIN requests that, in order to keep his data up to date and updated at all times in accordance with the principles of the LOPD (Data Protection Act), he reports any variation thereof. Such modification may be made by the user registered in the platform, directly by modifying the data in his account or through the exercise of his rights, according to the procedure established in this policy in the section on the exercise of the rights of access, rectification, cancellation and opposition.
10. EXERCISE OF THE RIGHTS OF OPPOSITION AND REVOCATION OF THE CONSENT GRANTED FOR THE RECEPTION OF COMMERCIAL COMMUNICATIONS BY ELECTRONIC MEANS OR OTHER EQUIVALENT MEANS OF ELECTRONIC COMMUNICATION
The user is informed that, pursuant to article 21.2 and 22.1 of the LSSICE, he has the right to oppose the processing of his data for promotional purposes for the reception of commercial communications, as well as to revoke at any time the consent given for the purpose, in any of the cases (opposition and revocation) with the simple notification of his will to LIGHTINGSPAIN.
To do so, he may in any case request the opposition and / or revocation of consent, as well as the exclusion or withdrawal from the service of receiving commercial communications by sending LIGHTINGSPAIN an email to the address: firstname.lastname@example.org with the subject UNSUSCRIBE or expressly indicating his request of opposition, revocation of consent, exclusion or cessation of the sending of commercial communications by electronic means or equivalent means of communication.
His request will be taken into account by LIGHTINGSPAIN to guarantee the exercise of his rights for the cessation of the reception of commercial communications by electronic means or equivalent means of communication under the rules on electronic commerce and information society. For this purpose, LIGHTINGSPAIN will carry out the processing of the minimum necessary data of the user to guarantee the cessation or non-reception of advertising commercial communications when requested.
11. EXERCISE OF THE RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OPPOSITION OF THE DATA
LIGHTINGSPAIN informs the user of the possibility of exercising his rights of access, rectification, cancellation and opposition by writing to LIGHTINGSPAIN at the following address or the one that replaces it and is communicated in the General Registry of Data Protection:
Calle Vinatea, 22, 1º, Pta. 8, 46001-Valencia, Spain
For this purpose, the applicant must send to LIGHTINGSPAIN the written communication indicating the request or right that he exercises, along with a copy of his ID or document legally valid proof of his identity.
The user is reminded that if he is registered in the platform, he can access and modify his data through his space "my account".
12. COOKIES Y DISPOSITIVOS DE ALMACENAMIENTO Y RECUPERACIÓN DE DATOS EN EQUIPOS TERMINALES
13. SAFETY MEASURES TAKEN IN RELATION TO THE PROCESSING OF PERSONAL DATA
LIGHTINGSPAIN informs the user that, in accordance with the provisions of the LOPD (Data Protection Act) and the RDLOPD (its implementing regulation), it has adopted the necessary technical and organizational measures to ensure the security of personal data and prevent alteration, loss, processing or unauthorized access, given the state of technology, the nature of the data stored and the risks to which they are exposed, whether arising from human action or from the physical or natural environment and that will only record personal data in files that meet the conditions which are laid down in the merited Regulation regarding their integrity and security, and those of processing centers, premises, equipment, systems and programs. LIGHTINGSPAIN also guarantees the user the fulfillment of the duty of professional secrecy with regard to the personal data of the user and the duty to protect them.
14. RECOMMENDATIONS TO USERS
LIGHTINGSPAIN recommends users to use the latest versions of the software for browsing the Internet because of the incorporation of greater security measures.
Also LIGHTINGSPAIN recommends users to use security mechanisms at their disposal (secure web servers, cryptography, digital signature, firewall, etc.) to protect the confidentiality and integrity of their data to the extent that is necessary, given there are risks of impersonation or violation of communication.
LIGHTINGSPAIN reminds users that the Internet is not secure. However, different means exist and are developed that allow them to improve the protection of their data. So, use any means at their disposal to protect their data and communications, such as encryption legally available for confidential email and access codes to their own device with Internet connection.
Finally LIGHTINGSPAIN warns of the importance of reading, understanding and, in case of conformity, accepting the conditions published in the websites and, in particular in this site, all the legal conditions published prior to the use of the services and, more in particular, to making a purchase through the platform.
15. POLICY UPDATE
Any change to this policy will be posted and warned on the platform of LIGHTINGSPAIN and in the policy itself, taking into account the user that the processing of the data that would have communicated to LIGHTINGSPAIN will be governed by the policies and conditions of the processing of the data in force and published when he has provided his personal data to LIGHTINGSPAIN or, if the change is applicable, by the new modified version, without prejudice to the preferential application of the specific legal texts for the purpose, such as informative texts inserted in data collection forms, as well as in the particular conditions of services.
In any case, it will be the user’s responsibility to periodically access LIGHTINGSPAIN Privacy Policies published, to always know the last version.
LIGHTINGSPAIN reminds the user that, with the mere navigation and use of the services of the platform and, where appropriate, the communication of his personal data to LIGHTINGSPAIN, he will be expressing his express acceptance of this policy of privacy and processing of personal data. Otherwise, the user must refrain from using the services and contents of the platform in a personalized way or by communicating his personal data to LIGHTINGSPAIN, therefore having to make an anonymous navigation.
16. CONTACT INFORMATION
LIGHTINGSPAIN will gratefully receive comments that the user can provide regarding this policy of privacy and protection of personal data. For such purposes or to make any inquiries regarding it, the user may contact LIGHTINGSPAIN through the email email@example.com