1.1- IDENTIFICATION DATA
- Social name: HOLISTIC DIVAS
- Activity: Coaching
- E-mail: firstname.lastname@example.org
- Purpose of the website: information and offer of services.
1.2- RESPONSIBLE FOR THE PROCESSING OF DATA
- Sonia Banyuls with contact email email@example.com
For processors outside the EU:
- Encrypted storage services are used using Google Drive and Bitrix
- Google Inc.’s email services are used.
- Some U.S. social networks are used, where international transfers of analytical and technical data are made concerning the websites.
- PayPal and/or Stripe platforms are used for e-commerce. Only the data necessary for the processing of payments will be strictly sent.
1.3- PURPOSE OF DATA COLLECTION
These are the activities where there are registration and processing of data:
- Hosting: SEcuenta with SSL encryption for the secure sending of personal data through contact forms hosted on the contracted servers of SiteGround Spain.
- Data collected on the website: The personal data collected will be subject to automated processing and incorporated into files.
- Your IP will be used to check the origin of the message to provide protection against SPAM comments and to detect possible irregularities. It will also be used to study the behaviour on the web, to offer a better online experience.
- Feedback form (if any): On websites, users can leave comments to posts. There is a cookie that stores the data provided by the user so that he does not have to re-enter them on each new visit and that also collects the IP address.
- User registration: Not supported, unless expressly requested.
- Purchase form (if any): To access the products and services offered in our online store, the user has a purchase form subject to the contracting conditions specified in our policy and conditions that will be required to accept them before payment.
- We collect information during the checkout process in our store (if any). This information may include your name, address, email address, telephone number, payment details and other information necessary to process your orders.
- Newsletter subscription forms (if any): The newsletter service (email newsletters) is used from Mail Chimp, a sensitized and updated with the new RGDP, which stores your email data, name, message and acceptance of the subscription. You can unsubscribe from the newsletter at any time using a specific link to the bottom of each submission you receive
- Commercial mail: Q-Pax, by current legislation, does not perform SPAM practices, so it does not send commercial emails that have not been previously requested or authorized by the user.
- Instant Messaging: Instant messaging service such as online chat, WhatsApp, Facebook Messenger or Telegram can be provided.
- Payment service providers: You can access third-party websites, such as PayPal or Stripe, through links to make payments for the services At no time do you have access to the bank details you provide (e.g. credit card number).
- External Links: On the website, there may be links to other websites and/or content that are owned by third parties. The sole purpose of these links is to provide the user with the possibility to know such third-party sites. We are not responsible in any case for the results that may be derived from the user for accessing such links.
- Social networks: Profiles are available on some of the main social networks of the Internet. The purpose of the processing of data within each of the social networks will be, at most, the one that the same social network allows corporate profiles. Thus, its followers may be informed, when prohibited by law, by any means of the social network about their activities, offers, services…
- Additionally, we may also collect the following information:
- Product pages visited and content displayed.
- Your comments and product reviews.
- Essential cookies to track the contents of your cart.
- If you create an account we save your name, address and phone number, for use in orders.
The management of this data allows us to:
- Send you important account/order/service information.
- Respond to your requests, complaints and requests.
- Process payments and prevent fraudulent transactions.
- Set up and manage your account.
- Give your technical service and verify your identity.
- Data secrecy and security: It undertakes to respect the confidentiality and use of the data under its purpose. As well as the obligation to keep them and take all necessary security measures to prevent alteration, loss, or unauthorized access. Using a variety of technical and organizational security measures, including encryption and authentication tools.
- Security breaches: Reasonably adequate security measures are taken to detect viruses, brute force attacks and code injections. In case of any breach, We undertake to inform users within a maximum period of 72 hours.
- Disclosure of data: All information collected is strictly confidential, will not disclose such information to third parties, except under injunction.
- The period of retention of the data of the customers of the online store (if any) will vary depending on the service that the customer hires. In any case, it will be the minimum necessary, being able to be maintained until:
- 4 years: Law on Infringements and Sanctions in the Social Order (membership obligations, acquisitions, losses, contribution, payment of wages…); Arts. 66 and following. General Tax Law (accounting books…);
- 5 years: Art. 1964 Civil Code (personal actions without special term)
- 6 years: Art. 30 Trade Code (accounting books, invoices…)
- 10 years: Article 25 Law on the Prevention of Money Laundering and Financing of Terrorism.
- Newsletter subscriber data: From the user subscribes until they unsubscribe.
If you choose to provide personal information, you understand and agree that the security, integrity and privacy of the information cannot be guaranteed 100%.
1.5- YOUR DATA RIGHTS
You may send a written communication to the company’s registered office at the email address indicated in the heading of this legal notice, including in both cases a photocopy of your ID or another identification document, to request the exercise of the following rights:
- Right to request access to personal data: you can ask if this company is processing your data.
- Right to request rectification in case they are incorrect, or there are new modifications.
- Right to request the limitation of its processing, in which case they will only be retained by Q-Pax for the exercise or defence of claims.
- Right to object to processing: The data will be no longer processed in the form you indicate unless for overriding legitimate reasons or the exercise or defence of possible claims must continue to be used.
- Right to data portability: in case you want your data to be processed by another firm, you will be provided with the portability of your data to the new controller.
- Right to erasure of data: unless legal imperative will be deleted after your confirmation.
- How to complain to the Control Authority: If you feel there is a problem with the way your data is being handled, you can direct your claims to the Q-Pax Security Manager (listed above) or the appropriate data protection authority.
1.6- COMMITMENTS AND OBLIGATIONS
- The user undertakes not to carry out any conduct that could damage the image, interests and rights of the company or, disable, overload the website
- The user guarantees that the personal data provided through the forms are truthful, being obliged to communicate any modification of these.
2- COOKIES POLICY
2.1- WHAT IS A COOKIE?
A cookie is a harmless file that is downloaded to your computer when you access certain websites. Cookies allow, among other things, to store and retrieve information about the user’s browsing habits. Personal data is never collected, everything is through your IP and data such as is collected; the pages visited, the location, the browser, the terminal, the visiting time…
2.2- WHAT HAPPENS IF I DISABLE COOKIES?
To help you understand the scope of disabling cookies, here are a few examples:
- The website will not be able to tell if you are human or spam.
- You will not be able to access the personal area of the website, such as My Account, My Profile or My Orders.
- It will be impossible for you to make purchases online, they will have to be by phone or visiting the physical store, if you have it
2.3- WHAT COOKIES DO WE USE IN?
- Google Analytics for the measurement and analysis of web traffic to know the use you make on websites and improve the usability of the website. Learn more at: How Google uses the data it collects on websites
- For own or third-party advertising:
- Remarketing. They are used for people who have visited our websites. It stores information related to your behaviour on the web and when the visitor leaves the website, the remarketing cookie follows the user’s browser over the Internet.
2.4- HOW TO MANAGE COOKIES?
Below is a list of links about cookies in different browsers. If you’re using another browser or mobile phone, refer to the relevant manual for more information:
- Explorer: http://windows.microsoft.com/en-US/internet-explorer/delete-manage-cookies
- Safari: http://support.apple.com/kb/ph5042
- Opera: http://help.opera.com/Windows/12.00/es-ES/cookies.html
3- LEGAL ASPECTS
3.1- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
No intellectual or industrial property rights are transferred on the web, nor any of its component elements is expressly prohibited by the user the reproduction, transformation, distribution, extraction, reuse, forwarding or use of any nature, by any means or procedure, except in cases where it is legally authorized by the owner of the corresponding rights. If a user or a third party considers that there has been a violation of their legitimate intellectual property rights by the introduction of certain content on the website, they must notify such circumstance:
- Personal data of the owner of the rights infringed.
- Point out the protected contents and their location.
- Accreditation of the intellectual property rights indicated.
- Express statement in which the interested party is responsible for the veracity of the information provided.
3.2- REGULATION AND JURISDICTION
The applicable law and jurisdiction between the company and the users of its services are subject to Spanish law and jurisdiction.
3.3- REGULATION AND CONFLICT RESOLUTION
- Users may submit to the Arbitral Consumer System of which the company will be a party to resolve any claim arising hereby.
- Users who are consumers as defined by Spanish regulations and reside in the European Union and who have had a problem with an online purchase made can go to the Online Dispute Resolution Platform, created by the European Union and developed by the European Commission under Regulation (EU) 524/2013, to try to reach an out-of-court agreement.
- Where none of the above occurs, the parties agree to submit to the Courts and Tribunals of Girona capital, as this is the place of conclusion of the contract, expressly waiving any other jurisdiction.
- The contents of the published articles cannot be considered, in any case, a substitute for legal advice.
- We are not responsible for any damages for:
- The unavailability of services on the websites
- The existence of viruses, malicious programs…
- Misuse contrary to this Legal Notice
- Services provided by third parties