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Privacy Policy

OBJECT OF THE PRIVACY POLICY

In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data (hereinafter GDPR) and other regulations in force in this area, Fusion Lab, SL, (hereinafter,  Esdemarca) wishes to inform users of the website www.esdemarca.com ( hereinafter, the "site or website"), the policy regarding the treatment and protection of personal data of those who provide their personal data through the site.

This policy is completed with those informative texts and texts of request for informed consent that are incorporated into any form of data request published and / or accessible through the website or that, where appropriate, are included in any particular conditions for the use of certain services 

It is the user's responsibility to read prior to communicating their personal data to Esdemarca the aforementioned informative texts and consent request texts included in any site data request form as well as the content of this policy.

This policy is expressly and fully accepted by the user from the moment that for the use of the site or the services published therein, communicate to Esdemarca your personal data, since such communication is always voluntary.

In case the user is not satisfied with this policy, we must not access or use any website service that requires the communication of their personal data to Esdemarca. 

Likewise, the user is informed that this policy will be of subsidiary application of those others that, on the same subject, are established with a special and / or particular character and are communicated to the user, without limitation, through the forms published in this website and / or in the conditions of the particular services that may be established, leaving the present policy as complementary to the previous ones in that which is not contradicted.

The user is informed that any personal data processing will be under the scope of the legislation in force in Spain regarding data protection.

IDENTIFICATION AND CONTACT DATA OF THE TREATMENT RESPONSIBLE

The person responsible for the processing of personal data carried out through the site is Fusion Lab, SL, (hereinafter  Esdemarca), with registered office at C / Manzanares, 4, 28005, Madrid, registered in the Commercial Registry of Barcelona in volume 43975, folio 150, sheet number B 443426, inscription 1, with CIF:B66138827. 

Contact information:  consultas@esdemarca.com telephone 91 769 72 17

CONTACT DATA OF THE DATA PROTECTION DELEGATE

 

No Data Protection Delegate of Esdemarca.

 

CHILDREN AND INCAPACES

Minors and disabled persons may not use the services of the Esdemarca website that require registration or identification, without legal representation of their parents, guardians or legal representatives.

 

COLLECTION OF PERSONAL DATA

Users who access the site of Esdemarca are not required to provide personal information to navigate the site, therefore, any communication of data for this purpose will be because the user has voluntarily decided to register on the site to make a purchase

Esdemarca warns the user that, except for the existence of a legally constituted representation, no user can use the identity of another person and communicate their personal data, so the user must always take into account that , in case you provide Esdemarca with your personal data through any data collection channel published on the site.

The user is solely responsible for the truthfulness, accuracy, updating and correctness of the data that he communicates to Esdemarca, thus being exempted Esdemarca from any responsibility in this regard.

Consequently, when the data is collected or provided directly from the user, in accordance with the provisions of current regulations, those provided by it will be considered accurate as being the sole source of information, as long as the user does not update or rectify them.

 

For this purpose, the user agrees to keep their data updated and updated at all times, being able to do so through the exercise of their rights in the manner contemplated in this policy below.

The user will be solely responsible for any damage, direct and / or indirect that causes third parties or  Esdemarca for the use of another person's personal data, or their own personal data when they are false, erroneous, not current, inadequate or impertinent.

Esdemarca informs users of its website, that in addition to the data entered by the user through the purchase portal, it retrieves data from the user's profiles on social networks and Facebook and Google applications.

 

SPECIAL CATEGORIES OF DATA

 

In accordance with current regulations, sensitive data, special categories of data or other data with special treatment guarantees, personal data that reveal race, ethnic or racial origin, political opinions, religious or philosophical beliefs or beliefs are considered , or union membership, genetic data, biometric data, data relating to physical or mental health, data relating to the sexual life or sexual orientation of a natural person, data relating to convictions or criminal offenses.

 

In the event that Esdemarca at some time requires this information from the user, the express consent of the user will be requested (either through a declaration or a clear affirmative action), to collect and use that information by communicating to the user, previously and unequivocally, the purpose of the collection and processing of said information.

 

In the event that, without having been requested by Esdemarca, said information is voluntarily communicated by the user to the said entity, said communication will imply an explicit act of the user that implies the existence of a statement of express consent by the user regarding the processing of their data by Esdemarca.

 

PURPOSE OF PROCESSING OF PERSONAL DATA AND LEGAL BASIS OF TREATMENT

Users who access the website and voluntarily provide personal information to navigate the site in a personalized way, contact or use any service that requires data communication to Esdemarca, are informed of the following purposes and legal bases of processing the personal data of users that Esdemarca may carry out:

- in the event that you buy a product or hire a service of Esdemarca, perfect, fulfill and control the correct fulfillment of the contract;

- in the event that you buy a product or service offered by a Seller other than Esdemarca, Esdemarca will mediate to contact that Seller;

- send you promotional communications, in the event that you had expressly requested it (at the time of registration, by means of the corresponding box or in the section for this purpose on the website and apps of  Esdemarca); 

- comply with legal obligations of Esdemarca.


1.-  With legal basis in the consent given by the user to provide their data, Esdemarca may carry out the processing of their data for the following purposes:

 

Contact with Esdemarca: When the user uses the services enabled for this purpose to contact Esdemarca (via form on the website), Esdemarca will process your personal data to attend and manage the purchase order formulated.

The legal basis for the processing of this user data by Esdemarca is the consent granted by the user by accepting the corresponding boxes prior to sending to Esdemarca of the completed form

2.- With legal basis in the legitimate interest,  Esdemarca may carry out the processing of user data for the following purposes:

Exclusion of sending individualized commercial and advertising communications. When the user requests the cancellation in the service of sending commercial and advertising communications, which he had previously expressly accepted, Esdemarca will process his data to preserve the minimum essential data of the interested party, in order to identify and Take the necessary measures to avoid sending commercial and advertising communications via email or app. This treatment is mandatory and its legal basis resides in the legitimate interest.

3.- Based on the business relationship established between  Esdemarca and the user,

Esdemarca may carry out the processing of user data in order to enter user data in the communication management platform with suppliers of PROSHOP articles and services and platforms managed by external logistics companies in charge of the distribution and delivery of the items.

In any case, the user is informed that the purposes of processing the user data collected through the forms published on the website, will be explained through informative texts published on the forms themselves and when required, as stated previously, you will be asked for your consent to the treatment.

Personal information will only be used for limited purposes, such as those set forth above and / or without limitation, those that, where appropriate, are unequivocally informed to the user prior to collection and processing.

OBLIGATORY OR VOLUNTEERING REGARDING THE COMMUNICATION OF DATA TO Esdemarca

When the user must communicate their personal data to Esdemarca through the forms published on their website, the completion by the user of the form will always be voluntary, but the consequence that the user does not provide all the data that are requested in each form or in your case, do not provide those marked with an asterisk for mandatory completion, it will be the impossibility of  Esdemarca to properly respond to the request made by the user and / or to guarantee the enjoyment of the solicited service.

TRANSFER OF PERSONAL DATA OF THE USER TO THIRD PARTIES

The user's personal data may be communicated to third parties for the management of the orders made through the website; through private communication platforms of Esdemarca (PROSHOP platform) or webservice communication platforms available to logistics companies for the management and traceability of package pick-up and delivery services.

The personal data of the user will be communicated to third parties in case there is a legal obligation of communication to the competent public authorities because of the subject and / or for the attention of the requirements made by them.

 

In such cases, Esdemarca will carry out transfers or communications of data to the Public Administrations, when so required in accordance with the legislation in force at any time such as, without limitation, administrative bodies or Control Authorities in matters of data protection, telecommunications and information society, Judges, Fiscal Ministry, Courts, Court of Auditors or Ombudsman.

Esdemarca informs the user de cualquier otra cesión of datas deba realizar será puesta en su conocimiento informándole de way expreso precise and inequívoco de the recipientos of the information, of the finality to que se destinarán los datos, y de la naturaleza de los datos cedidos y, en su case, cuando la legislación establezca, previously if solicitará el consentimiento explícito, inequívoco, específico and informed to the user.

 

 

Specifically, and without prejudice to other transfers of data that may be timely informed to the user, Esdemarca may carry out the following when necessary under the corresponding treatment:

 

When the user uses the service of the Employee Ombudsman, personal data may be communicated to the following third parties, depending on the course and result of the investigation of the facts communicated through this channel:

o Organizations or persons directly related to Esdemarca.

 

o Lawyers, solicitors, notaries, public notaries and trusted third parties or other certifying entities.
o Auditors
o Public administrations with competence in the matter.

 

TIME LIMIT FOR THE CONSERVATION OF PERSONAL DATA

Regarding the retention periods of the data provided by the interested party through the website, the following conservation criteria will be applied depending on the purposes for which they were provided:

- The personal data that has been provided by the user to contact Esdemarca and formalize the purchase order, will be kept by Esdemarca while the treatment is maintained and as long as your request is not requested Deletion by the user.

- When the interested party has expressly authorized the sending of advertising information of products and services of Esdemarca, the data will be kept by  Esdemarca while the treatment is maintained and as long as its deletion is not requested by the interested.

- The personal data that has been provided by the interested party to subscribe to the advertising information service, will be kept by Esdemarca while the treatment is maintained and as long as the interested party does not request cancellation in said service.

- The personal data that have been provided by the interested party for the use of the Employee Ombudsman service, will be kept by  Esdemarca in the complaints system only during the essential time to decide on the origin of initiating an investigation on the facts denounced and, in any case, no more than three months from the introduction of the data, after which, if their conservation is necessary to continue the investigation, they may continue to be treated in a different environment by  Esdemarca during the term of the investigation, until its conclusion, including when appropriate, the adoption of measures.

 

EXERCISE OF RIGHTS

The user has the right to request Esdemarca access to their personal data, its rectification, deletion, limitation to processing and opposition. You also have the right to withdraw the consent granted for the treatment at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal and the right of portability of your personal data, in the cases that legally proceed .

For the exercise of any of these rights, you must send a letter addressed to  Esdemarca C / Manzanares, 4, 28005, Madrid, indicating the right you exercise and providing a photocopy on both sides of your ID or document Legal identification of your identity.

 

GUIDELINE OF USER RIGHTS

 

In any case, the user is informed of the right that assists him to file a claim with the Spanish Agency for Data Protection (AEPD), in particular, when the user considers that he has not obtained satisfaction from Esdemarca in the exercise of their rights.

The user can contact the AEPD through www.agpd.es or at the following address C / Jorge Juan, 6. 28001 - Madrid, and / or contact telephone number 912 663 517.

 

OTHER RIGHTS OF THE USER IN THE FIELD OF ELECTRONIC COMMERCE AND ADVERTISING COMMERCIAL COMMUNICATIONS

Esdemarca informs the user that he has expressly authorized the sending of commercial advertising communications and / or newsletters by electronic means that, under articles 21 and 22 of the Information Society Services Law and Electronic Commerce (LSSICE), the user has the right to object to the processing of their data for promotional purposes for the reception of commercial advertising communications, advertising and / or newsletters, as well as the right to revoke at any time the consent given for that purpose with the simple notification of your will to Esdemarca and / or by sending an email with the subject LOW.

 

For this, the user may direct their communication requesting the cessation of sending commercial advertising communications, advertising and / or newsletters, by revocation of consent and / or opposition to the email address:consultas@esdemarca.com requesting it and / or indicating in the subject LOW.

Esdemarca will respond to your request, keeping the minimum data necessary to adopt the necessary measures to avoid sending said commercial communications.

 

INFORMATION PROVIDERS OF THE INFORMATION SOCIETY AND OTHER THIRD PARTIES

Esdemarca  warns the user that this entity is only responsible and guarantees the confidentiality, security and processing of data in accordance with this policy, regarding personal data collected from the user through its website , not having any type of responsibility with respect to the collection of data and the treatments and subsequent uses of the personal data that could be made by third-party service providers of the information society that could access such data due to the provision of their services or exercise of your activity.

Third-party service providers of the information society shall be understood - without limitation - those natural or legal persons that provide the following services:

  1. Transmission by a data communication network provided by the recipients of the service.
  2. Access services to the aforementioned network.

     

  3. Data storage or hosting services.

     

  4. Provision of content or information.

Esdemarca is also not responsible for the data processing carried out by third parties that establish hyperlinks with Esdemarca or those third parties (private companies and / or public administrations) mentioned on the site website of Esdemarca and whose websites are accessible through the corresponding links that may be published on the website of Esdemarca.

 

FOLLOW US ON SOCIAL NETWORKS

Social networks are services provided by third-party providers that allow the user to participate in a virtual community with other users through which they can generate their own public profile where they can create and share content, information and personal data with other users of the network.

 

In a social network you can create and share pages, accounts or profiles for personal and / or commercial purposes. The operation of the social network is regulated, firstly, by the conditions established by the owner and / or provider of the network and, secondly, when it comes to pages, accounts or profiles for commercial purposes, by the terms and conditions established by the person in charge of the profile or commercial account that in his case will also be responsible for the processing of their data.

Esdemarca has profiles on some social networks which are linked and accessible to the user, through the corresponding icons and links published on the website. The user can follow us and become a fan of the official pages of  Esdemarca on the social networks mentioned.

The user is informed that the treatment of the data that is carried out through the pages, profiles or accounts of  Esdemarca in social networks will be governed by the corresponding policies and conditions of both the official website and the provider and owner of each social network, where appropriate, said owner and provider of the social network being responsible for the file of the user's personal data that on the official page are treated.

SECURITY MEASURES

Esdemarca informs the user that, in accordance with the provisions of the data protection legislation and taking into account the state of the art, application costs, and the nature, scope, context and The purposes of the treatment, as well as risks of variable probability and severity for the rights and freedoms of the natural persons that the data processing presents, have adopted the necessary technical and organizational measures to guarantee a level of security appropriate to the risk and avoid destruction, loss or accidental or unlawful alteration of the data as well as the treatment, conservation, communication or unauthorized access to said data.

Esdemarca will regularly verify, evaluate and audit the effectiveness of such measures, updating them if necessary according to the result of said evaluations.

Likewise, Esdemarca guarantees the user the fulfillment of the duty of professional secrecy regarding the personal data of the users and the duty to keep them.

USE OF COOKIES AND DATA STORAGE AND RECOVERY DEVICES IN USER TERMINAL EQUIPMENT

Esdemarca uses cookies and data storage and retrieval devices on the user's terminal equipment when the user browses the site.

Such cookies and data storage and retrieval devices are used by Esdemarca under the conditions described in its Cookies Policy.

RECOMMENDATIONS TO USERS

Esdemarca recommends the user to use the latest versions of computer programs for Internet browsing given the incorporation of greater security measures.

 

Likewise, Esdemarca recommends that users use the 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 when necessary, given that there are risks of impersonation of personality or violation of communication.

Esdemarca reminds users that the Internet is not completely secure. However, there are and develop different means that allow you to improve the protection of your data. So, use any means at your disposal to protect your data and communications, such as legally available encryption for confidential email and access codes to your own personal computer.

Esdemarca warns users that whenever they provide personal information over the Internet via email, newsgroups, discussion forums, etc., keep in mind that such information can be collected and treated for unwanted purposes by users, so Esdemarca recommends that users be informed about the confidentiality and privacy policies of the online sites they visit.

Esdemarca warns users to keep in mind that, unless they use encryption mechanisms, email on the Internet is not secure. Mail messages and discussion forums may be subject to forgery and impersonation, which should be taken into account whenever they are used. If you do not want to publish your email address, configure your browser so that you do not leave your email address on the web servers you access.

POLICY UPDATE

Without prejudice to the preferential application of the specific legal texts for this purpose, such as informative texts that are contained in data collection forms published by Esdemarca on this website, as well as where appropriate in the conditions of services individuals, periodically Esdemarca will update this Privacy Policy and the processing of personal data of the users of the site. Any modification of this policy will be published on the site of Esdemarca.

In any case, it will be the responsibility of the user to periodically access the Privacy Policy of Esdemarca published on the site, in order to know the latest version at all times.

 

CONTACT INFORMATION

For any questions about this Privacy Policy, the user may contact Esdemarca both by electronic means and by postal mail at the addresses shown below:

consultas@esdemarca.com 
C/ Manzanares, 4, 28005, Madrid

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