Ayuda     Privacy Policy

Privacy policy

PURPOSE OF THE PRIVACY POLICY

In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter, GDPR), and of the national legislation applicable in each Member State of the European Economic Area (EEA), Fusion Lab, S.L. (hereinafter, Esdemarca) wishes to inform users of the website [www.esdemarca.com](https://www.esdemarca.com) and [www.esdetrekking.com](https://www.esdetrekking.com) (hereinafter, the "site or website") of its policy regarding the processing and protection of the personal data of those persons who provide their personal data through the site.

This policy is supplemented by the information notices and informed consent requests included in any data collection form published on and/or accessible through the website or, where applicable, included in any particular terms for the use of certain services. 

It is the user's responsibility to read, before communicating their personal data to Esdemarca, the aforementioned information notices and consent requests included in any data collection form on the site, as well as the content of this policy.

This policy is expressly and fully accepted by the user from the moment when, in order to use the site or the services published on it, they communicate their personal data to Esdemarca, given that such communication is always voluntary.

If the user does not agree with this policy, they must not access or use any service on the website that requires the communication of their personal data to Esdemarca. 

Likewise, the user is informed that this policy shall apply on a subsidiary basis to any other policies on the same matter that are established on a special and/or particular basis and communicated to the user, without limitation, through the forms published on this website and/or in the terms of the particular services that may be established, this policy remaining complementary to the former in anything that does not contradict them.

The user is informed that any processing of personal data shall fall within the scope of Regulation (EU) 2016/679 (GDPR) and, where applicable, of the local legislation applicable in each Member State of the European Economic Area, depending on the user's place of residence or the country from which they interact with the site.

IDENTIFICATION AND CONTACT DETAILS OF THE DATA CONTROLLER

The controller of the personal data processing carried out through the site is Fusion Lab, S.L., (hereinafter Esdemarca), with registered office at Recerca, no. 1, 08850 Gavà (Barcelona) (Spain), registered in the Commercial Register of Barcelona, volume 43975, page 150, sheet number B 443426, entry 1, with tax number: B66138827. 

Web: [www.esdemarca.com](https://www.esdemarca.com), [www.esdetrekking.com](https://www.esdetrekking.com)
Contact details: consultas@esdemarca.com telephone 91 769 72 17

CONTACT DETAILS OF THE DATA PROTECTION OFFICER

Esdemarca does not have a Data Protection Officer.

MINORS AND PERSONS LACKING LEGAL CAPACITY

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

COLLECTION OF PERSONAL DATA

Users who access the Esdemarca site are not obliged to provide personal information in order to browse the site; therefore, any communication of data for such purposes will be because the user has voluntarily decided to register on the site in order to make a purchase.

Esdemarca warns the user that, except where there is a legally constituted representation, no user may use the identity of another person and communicate their personal data, and the user must therefore bear in mind at all times the consequences should they provide Esdemarca with their 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 they communicate to Esdemarca, and Esdemarca is therefore released from any liability in this regard. 

Consequently, where the data are collected or provided directly by the user, in accordance with the provisions of the applicable legislation, the data provided by the user shall be deemed accurate, as the user is the sole source of information, for as long as the user does not update or rectify them. 

To this end, the user undertakes to keep their data updated and current at all times, which they may do by exercising their rights in the manner set out later in this policy.

The user shall be solely liable for any direct and/or indirect damage caused to third parties or to Esdemarca through the use of another person's personal data, or their own personal data where these are false, erroneous, out of date, inadequate or irrelevant.

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

SPECIAL CATEGORIES OF DATA

In accordance with the applicable legislation, the following are considered sensitive data, special categories of data or other data with special processing safeguards: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning physical or mental health, data concerning a natural person's sex life or sexual orientation, and data relating to criminal convictions and offences.

Should Esdemarca at any time require this information from the user, the user's express consent will be requested (whether by means of a statement or a clear affirmative action) in order to collect and use that information, informing the user in advance and unequivocally of the purpose of the collection and processing of such information. 

Should such information be voluntarily communicated by the user to that entity without having been requested by Esdemarca, such communication shall constitute an explicit act by the user implying an express declaration of consent by the user with regard to the processing of their data by Esdemarca.

PURPOSES OF THE PROCESSING OF PERSONAL DATA AND LEGAL BASIS FOR THE PROCESSING

Users who access the website and voluntarily provide personal information in order to browse the site in a personalised manner, to make contact or to use any service requiring the communication of data to Esdemarca, are informed of the following purposes and legal bases for the processing of users' personal data that Esdemarca may carry out:

- where you purchase a product or contract a service from Esdemarca, to complete, perform and monitor the correct performance of the contract; 
- where you purchase a product or service offered by a Seller other than Esdemarca, Esdemarca will act as an intermediary to put you in contact with that Seller; 
- to send you promotional communications, where you have expressly requested this (at the time of registration, by means of the corresponding box, or in the relevant section within the Esdemarca website and apps); 
- to measure the effectiveness of our advertising campaigns and show you advertising tailored to your interests on third-party platforms, where you have given your consent to advertising cookies and technologies; 
- to comply with Esdemarca's legal obligations.

1.- On the legal basis of the consent given by the user when providing their data, Esdemarca may process their data for the following purposes:

Contact with Esdemarca: When the user uses the services enabled for the purpose of contacting Esdemarca (through a form on the website), Esdemarca will process their personal data in order to handle and manage the purchase order placed.

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

Personalised advertising and campaign measurement: When the user gives their consent to advertising cookies and technologies, Esdemarca will process their browsing data on the site (pages and products viewed, items added to the cart, checkouts started and purchases completed) and their contact details, in the manner described in the section "TRANSFERS OF THE USER'S PERSONAL DATA TO THIRD PARTIES" of this policy, for the purpose of measuring the effectiveness of its advertising campaigns and showing the user advertising matching their interests on third-party platforms.

The legal basis for this processing is the consent given by the user, which may be withdrawn at any time through the cookie settings panel available on the website, without this affecting the lawfulness of the processing based on consent before its withdrawal.

2.- On the legal basis of legitimate interest, Esdemarca may process the user's data for the following purposes:

Exclusion from the sending of individualised commercial and advertising communications. When the user requests to unsubscribe from the service of sending commercial and advertising communications, which they had previously expressly accepted, Esdemarca will process their data in order to retain the minimum essential data of the data subject, for the purpose of identifying them and adopting the measures necessary to prevent the sending of commercial and advertising communications by email or app. This processing is mandatory and its legal basis lies in legitimate interest.

3.- On the basis of the commercial relationship established between Esdemarca and the user,

Esdemarca may process the user's data for the purpose of entering the user's data into its own management platform for communication with suppliers of goods and services, PROSHOP, and into platforms managed by external logistics companies responsible for the distribution and delivery of the goods.

In any event, the user is informed that the purposes of the processing of the user data collected through the forms published on the website will be explained by means of information notices published in the forms themselves and, where required, in accordance with the above, their consent to the processing will be requested.

Personal information will only be used for limited purposes, such as those set out above and/or, without limitation, those of which the user is unequivocally informed prior to collection and processing.

MANDATORY OR VOLUNTARY NATURE OF THE COMMUNICATION OF DATA TO Esdemarca

Where the user must communicate their personal data to Esdemarca through the forms published on its website, completion of the form by the user will always be voluntary, but the consequence of the user not providing all the data requested in each form or, where applicable, not providing those marked with an asterisk as mandatory, will be that Esdemarca is unable to properly handle the request made by the user and/or to guarantee the enjoyment of the requested service.

TRANSFERS OF THE USER'S PERSONAL DATA TO THIRD PARTIES

In order to improve the browsing experience across its different portals, Esdemarca shares the user's personal data between its portals [www.esdemarca.com](https://www.esdemarca.com), [www.esdetrekking.com](https://www.esdetrekking.com) and its apps. The information shared for this purpose contains the following personal data: name, email, password, addresses, telephone number and purchase history.

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

The user's personal data will be communicated to third parties where there is a legal obligation to communicate them to the competent public authorities by reason of the subject matter and/or in order to respond to requests made by them.

In such cases, Esdemarca will carry out transfers or communications of data to the competent public authorities, in accordance with the GDPR and, where applicable, with the local legislation applicable in the relevant Member State.

Esdemarca informs the user that any other transfer of data that it must carry out will be brought to their attention, expressly, precisely and unequivocally informing them of the recipients of the information, of the purpose for which the data will be used, and of the nature of the data transferred and, where applicable, where legislation so provides, the user's explicit, unequivocal, specific and informed consent will be requested in advance. 

Specifically, and without prejudice to other data transfers of which the user may be duly informed, Esdemarca may carry out the following where necessary by virtue of the corresponding processing:

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

o Organisations or persons directly related to Esdemarca.
o Lawyers, court representatives, notaries, public officers and trusted third parties or other certification bodies.
o Auditors.
o Public authorities with competence in the matter.

ADVERTISING AND MEASUREMENT ON META PLATFORMS

In accordance with the provisions of Regulation (EU) 2016/679 (“GDPR”), you are informed that, where the user has given their consent to advertising cookies and technologies, Esdemarca communicates to Meta Platforms Ireland Limited (hereinafter, “META”), with address at Merrion Road, Dublin 4, D04 X2K5, Ireland, information relating to the user's activity on the website (pages and products viewed, items added to the cart, checkouts started and purchases completed), together with their email address in encrypted and irreversible form by means of a cryptographic hash function. The email address is in no case transmitted in clear text and its sending has the sole purpose of enabling META to recognise the user as a recipient of the campaign.

The purpose of this communication is to measure the effectiveness of Esdemarca's advertising campaigns and to show the user advertising matching their interests on META's services, in particular Facebook and Instagram, as well as to exclude them from campaigns that are not relevant to them.

The legal basis for this communication is the user's consent, given through the website's cookie settings panel. The user may withdraw that consent at any time from that same panel, without this affecting the lawfulness of the processing carried out prior to its withdrawal. Where the user has not given their consent or has withdrawn it, no communication of their data to META for this purpose will take place.

META processes the data received as an independent controller, in accordance with its own privacy policy, which you can find at:
https://www.facebook.com/privacy/policy/, over which Esdemarca has no control. To the extent that such processing involves international transfers of data outside the European Economic Area, these are covered by the appropriate safeguards provided for in Regulation (EU) 2016/679, in particular the Standard Contractual Clauses approved by the European Commission.

At any time, you may exercise the rights of access, rectification, erasure, objection, portability and restriction of the data to which you are entitled as a user vis-à-vis Esdemarca, in accordance with the provisions of this policy, and vis-à-vis META through the channels that META makes available in its privacy policy.

RETENTION PERIOD FOR PERSONAL DATA

With regard to the retention periods for the data provided by the data subject through the website, the following retention criteria will apply depending on the purposes for which they were provided:

- Personal data provided by the user in order to contact Esdemarca and formalise the purchase order will be retained by Esdemarca for as long as the processing continues and as long as their erasure is not requested by the user.
- Where the data subject has expressly authorised the sending of advertising information about Esdemarca's products and services, the data will be retained by Esdemarca for as long as the processing continues and as long as their erasure is not requested by the data subject.
- Personal data provided by the data subject in order to subscribe to the advertising information service will be retained by Esdemarca for as long as the processing continues and as long as the data subject does not request to unsubscribe from that service.
- Data communicated to third-party advertising platforms on the basis of the user's consent will be retained by Esdemarca for as long as that consent remains valid and, in any event, for the retention periods established by the recipient platform in its own privacy policy.
- Personal data provided by the data subject for the use of the Employee Ombudsman service will be retained by Esdemarca in the reporting system only for the time strictly necessary to decide whether it is appropriate to open an investigation into the reported facts and, in any event, for no more than three months from the entry of the data, after which, should their retention be necessary in order to continue the investigation, they may continue to be processed in a different environment by Esdemarca for the duration of the investigation, until its conclusion, including, where applicable, the adoption of measures.

EXERCISE OF RIGHTS

The user has the right to request from Esdemarca access to their personal data, their rectification, erasure, restriction of processing and objection. They are also entitled to withdraw the consent given for the processing at any time, without this affecting the lawfulness of the processing based on consent before its withdrawal, and to the portability of their personal data, in the cases legally provided for.

In order to exercise any of these rights, they must send a written communication addressed to Esdemarca, Calle Recerca, no. 1, 08850 Gavà, Barcelona (Spain), stating the right they are exercising and enclosing a photocopy of both sides of their national identity document or legal identification document.

They may also exercise these rights by sending an email to consultas@esdemarca.com from the address associated with their account, stating the right they are exercising.

PROTECTION OF THE USER'S RIGHTS

In any event, the user is informed of their right to lodge a complaint with the data protection authority corresponding to their place of residence within the European Economic Area. In the case of Spain, that authority is the Spanish Data Protection Agency (AEPD).

The user may consult the full list of EEA data protection authorities at the following link: https://edpb.europa.eu/about-edpb/board/members_en

The user may also contact the AEPD through [www.agpd.es](https://www.agpd.es) or at the following address: C/ Jorge Juan, 6. 28001 – Madrid, and/or contact telephone: 912 663 517.

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

Esdemarca informs the user who has expressly authorised the sending of commercial advertising communications and/or newsletters by electronic means that, under articles 21 and 22 of the Spanish Information Society Services and Electronic Commerce Act (LSSICE), the user has the right to object to the processing of their data for promotional purposes for the receipt of commercial advertising communications, advertising and/or newsletters, as well as the right to revoke at any time the consent given for that purpose by simply notifying Esdemarca of their wish and/or sending an email with the subject line UNSUBSCRIBE.

To that end, the user may send their communication requesting the cessation of the sending of commercial advertising communications, advertising and/or newsletters, by revocation of consent and/or objection, to the email address: consultas@esdemarca.com, requesting this and/or indicating UNSUBSCRIBE in the subject line.

Esdemarca will comply with their request, retaining the minimum essential data in order to adopt the measures necessary to prevent the sending of such commercial communications.

INFORMATION SOCIETY SERVICE PROVIDERS AND OTHER THIRD PARTIES

Esdemarca warns the user that this entity is only responsible for, and guarantees, the confidentiality, security and processing of data in accordance with this policy in respect of the personal data it collects from the user through its website, and has no liability whatsoever in respect of the collection of data and the processing and subsequent use of personal data that may be carried out by third-party information society service providers who may access such data by reason of the provision of their services or the exercise of their activity. 

Third-party information society service providers shall be understood to mean — without limitation — those natural or legal persons who provide the following services:

1. Transmission over a communications network of data provided by the recipients of the service.
2. Services providing access to that network.
3. Data storage or hosting services.
4. Supply of content or information. 

Esdemarca is likewise not responsible for the data processing carried out by third parties that establish hyperlinks with Esdemarca, nor by those third parties (private companies and/or public authorities) mentioned on the Esdemarca website and whose websites are accessible through the corresponding links that may be published on the Esdemarca website.

FOLLOW US ON SOCIAL MEDIA

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

On a social network, pages, accounts or profiles may be created and shared for personal and/or commercial purposes. The operation of the social network is governed, firstly, by the terms established by the owner and/or provider of the network and, secondly, in the case of pages, accounts or profiles for commercial purposes, by the terms and conditions established by the person responsible for the commercial profile or account, who will also, where applicable, be the controller of the data processing of those pages.

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 may follow us and become a fan of the official Esdemarca pages on the aforementioned social networks.

The user is informed that the processing of data carried out through the pages, profiles or accounts of Esdemarca on social networks will be governed by the corresponding policies and terms both of the official page and of the provider and owner of each social network, where applicable, that owner and provider of the social network also being the controller of the file of the user's personal data processed on the official page.

SECURITY MEASURES

Esdemarca informs the user that, in accordance with the provisions of data protection legislation and taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of the processing, as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons posed by the processing of data, it has adopted the technical and organisational measures necessary to ensure a level of security appropriate to the risk and to prevent the accidental or unlawful destruction, loss or alteration of the data, as well as the unauthorised processing, retention, disclosure of or access to such data.

Esdemarca will regularly verify, evaluate and audit the effectiveness of those measures, updating them where necessary in accordance with the outcome of such evaluations.

Likewise, Esdemarca guarantees to the user compliance with the duty of professional secrecy in respect of users' personal data and with the duty to safeguard them.

USE OF COOKIES AND DEVICES FOR STORING AND RETRIEVING DATA ON USERS' TERMINAL EQUIPMENT

Esdemarca uses cookies and devices for storing and retrieving data 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 Cookie Policy.

Cookies used on the Esdemarca website

In the list below, we describe the cookies used on our website, as well as the purpose and the storage period of each cookie:

Third-party cookies:

Google Ireland, Ltd.
Domain: googleapis.com
Description: used by Google Ireland, Ltd.
Purpose: Used to distinguish user behaviour in order to display advertising matching their preferences.
Storage period: 2 years

Facebook Ireland, Ltd.
Domain: facebook.com
Description: used by Facebook Ireland, Ltd.
Purpose: Used to distinguish user behaviour in order to display advertising matching their preferences.
Storage period: 2 years

Criteo SA
Domain: criteo.com
Description: used by Criteo SA
Purpose: Used to distinguish user behaviour in order to display advertising matching their preferences.
Storage period: 1 year

Esdemarca is in no case responsible for the content and accuracy of the policies and terms published through the links included in the table above.

Likewise, the user is informed that, when they give their consent to advertising cookies and technologies, in addition to the information collected by means of the cookies described above, Esdemarca communicates certain information from its own systems to the recipient advertising platforms, on the terms described in the section "TRANSFERS OF THE USER'S PERSONAL DATA TO THIRD PARTIES" of this policy. Withdrawing consent through the cookie settings panel also interrupts that communication.

RECOMMENDATIONS TO USERS

Esdemarca recommends that the user use the latest versions of software for browsing the Internet, given that these incorporate greater security measures. 

Likewise, Esdemarca recommends that users use the security mechanisms available to them (secure web servers, cryptography, digital signature, firewall, etc.) to protect the confidentiality and integrity of their data to the extent necessary, given that there are risks of impersonation or breach of communications. 

Esdemarca reminds users that the Internet is not entirely secure. However, there are and continue to be developed various means that allow them to improve the protection of their data. Therefore, use any means available to you to protect your data and your communications, such as legally available encoding for confidential email and access codes for your own personal computer. 

Esdemarca warns users that whenever they provide personal information over the Internet by means of email, newsgroups, discussion forums, etc., they should bear in mind that such information may be collected and processed for purposes not desired by users, and Esdemarca therefore recommends that users inform themselves about the confidentiality and privacy policies of the online sites they visit.

Esdemarca warns users to bear in mind that, unless encryption mechanisms are used, email on the Internet is not secure. Email messages and discussion forums may be subject to forgery and impersonation, which must be taken into account whenever they are used. If users do not wish to publish their email address, they should configure their browser so that it does not leave their email address on the web servers they access.

UPDATING OF THE POLICY

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

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

CONTACT INFORMATION

For any queries regarding this Privacy Policy, the user may contact Esdemarca both by electronic means through the "Enquiries" section of the website and by post at the following address:

FUSION LAB, S.L. Calle Recerca, no. 1, 08850 Gavà, Barcelona (Spain)

APLAZAME

In accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”), you are informed that, should you select the Aplazame deferred payment service, your name, surname, national identity or foreigner identification number, email address, billing and delivery address, the product you wish to purchase and its price will be transferred to APLAZAME, S.L. (hereinafter “APLAZAME”), with address at Madrid (28020), Calle Tiziano, 5, tax number B-87.074.977, for the purpose of enabling APLAZAME to process the financing application and, where applicable, to analyse, assess and manage the credit that you, as a user, request from it, in accordance with its data protection policy, which you can find at:
https://aplazame.com/legal/privacy-policy/.

At any time, you may exercise the rights of access, rectification, erasure, objection, portability and restriction of the data to which you are entitled as a user, by sending a communication to: arco@aplazame.com.

MANAGEMENT OF COMMENTS AND MESSAGES ON SOCIAL MEDIA USING ARTIFICIAL INTELLIGENCE

Esdemarca manages the comments and direct messages received on its official social media profiles (by way of example, Instagram and TikTok) for the purpose of handling queries, providing customer service, engaging its community and moderating content. To this end, it uses artificial intelligence tools that analyse the content of the communication, identify the language and the nature of the query and draft proposed replies. For that purpose, the content of the message and the data that the user chooses to include in it may be processed by a technology provider acting as a processor on behalf of Esdemarca, under a contract guaranteeing the confidentiality and security of the information. Those proposals are reviewed by a person before being sent, so no decisions are taken based solely on automated processing with legal or significant effects for the user. Matters involving personal data (orders, returns or incidents) are redirected to a private channel and, where appropriate, to the customer service team; users are advised not to disclose personal data in public comments.

The legal basis for this processing is Esdemarca's legitimate interest in managing communications on its social media efficiently and securely and, where applicable, the performance of the relationship with the user or their consent. Where the artificial intelligence provider is located outside the European Economic Area, the international transfer is covered by the appropriate safeguards provided for in Regulation (EU) 2016/679, in particular the Standard Contractual Clauses approved by the European Commission. Esdemarca does not process special categories of data by automated means, nor communications that may concern minors; such cases, as well as the hiding of content and any blocking, are referred to human supervision and decision.

Social media platforms process the user's data in accordance with their own privacy policies, over which Esdemarca has no control. The exercise of data protection rights will be carried out in accordance with the provisions of this policy.

ADA SHOPPING ASSISTANT

Ada is an Esdemarca artificial intelligence assistant that answers questions about products and, if the user is logged in, about their orders. To do so, it processes the messages and images the user sends, the data of their visit and, where applicable, the data of the order consulted; it never processes the street address, email address, telephone number or payment details. The legal basis is the performance of the contract or of pre-contractual measures at the user's request. Ada does not make decisions on the user's behalf. The data are communicated to Anthropic, PBC (United States), as data processor, solely to generate the response and without being used to train its models; the transfer is covered by the Standard Contractual Clauses approved by the European Commission. Conversations are kept for as long as the processing lasts and until the user requests their deletion, and the user may exercise their rights as set out in this policy. Attached images are processed together with the message and communicated to Anthropic, PBC solely to handle that query; they are not added to the conversation record, and their thumbnail only remains in the browser until the chat is closed.