In compliance with what is laid down in Organic Act 15/1999, of 13 December, on Protection of Personal Data (hereinafter known as LOPD) and Royal Decree 1720/2007, of 21 December, by means of which the regulation implementing the LOPD (hereinafter known as RDLOPD) was passed, Dune Cerámica, S.L. (hereinafter Dune) wishes to inform the user of the web site of the policy as regards processing and protection of personal data of any persons who voluntarily communicate with Dune Cerámica, S.L. by electronic mail, who fill in forms compiling data, make an online purchase or use any other service found on the web site involving communicating their personal data to Dune Cerámica, S.L..
The user is furthermore informed that these conditions will apply on a subsidiary basis in respect of the others specially established in the same field and which the user is informed of, without implying any limitations thereby, in the registration forms, contracting conditions or conditions of particular services, these policies acting as complements to the previous ones in any point in which these are not contradicted.
The user is informed that any processing of personal data will be under the scope of application of current legislation in Spain as regards protection of data established by the LOPD and its complementary and implementing regulations.
For this purpose personal data shall be understood to mean any information concerning identified or identifiable natural persons which in this last case clearly identifies the interested parties, and user shall mean any identified or identifiable natural person using a service of the information society furnished on this site and who communicates his or her personal data through this to Dune Cerámica, S.L., such as, without this implying any limitation thereto, electronic mail, filling in data compilation forms, making online purchases or others.
1. IDENTIFICATION OF THE COMPANY DETAILS OF THE DATA CONTROLLER FOR THE FILE
Dune Cerámica, S.L. hereby informs the user of the web site of the existence of different processing systems and files of personal data whose data controller is Dune Cerámica, S.L. with registered office in Partida Rachina s/n, San Juan de Moró, 12130, where the personal data stemming from use of this web site or which the user gives Dune by any means is stored.
3. INFORMATION AND CONSENT
When the user does not have any legal relationship with Dune Cerámica, S.L. the former should take into account and is duly informed that sending an electronic mail to Dune – at the electronic mail addresses published in the “Contact” section, as well as the user’s informing Dune of any other personal data by any means, entails or implies free, clear, specific, informed and express consent being given for their personal data to be processed by Dune Cerámica, S.L..
As a general rule, processing personal data could be done – without implying any limitation and merely as an example – for the following purposes:
In the event of a user contacting Dune Cerámica, S.L. to make an enquiry or request information, this data processing shall be carried out for the purpose of dealing with and replying to the communications received as well as sending the information requested from Dune.
If the data is supplied to Dune Cerámica, S.L. for the purpose of registering on the site, the data will be processed for the purpose of managing the registration process on this web site as well as guaranteeing management of their account by the user. Users will have a number of services available in their account and will also be able to see their history and details of their orders, discount vouchers, lists of gifts and personal data.
If the user is registered, Dune Cerámica, S.L. will be able to use their data to send them information connected with the service and in particular notifications about possible breaks in the service, modification of the service, changers in user policy, cookies and/or purchases over the site or others which have to be made in the framework of the legal relationship set up.
If the data is supplied for making an online purchase, the data will be processed for managing that purchase, which could include authenticating the user’s identity, processing their order, collecting the price and delivering the product, managing guarantees, returns and right of withdrawal, customer care, discount vouchers as well as any purposes directly or indirectly stemming from making an online purchase over the web site, all with no detriment to this information being specifically indicated in the Particular Contracting Conditions1 and in the forms for requesting data which are used for this purpose.
In any cases in which the user expressly agrees that he or she wishes to receive commercial communications about the products and services marketed by Dune as well as about the products and services marketed by its partners with regard to the furniture and decoration business sectors, their data will be dealt with to manage sending this as well as the possible revocation of the user’s consent, opposition to treatment, withdrawal or exclusion from sending advertising and service communications. For these last purposes, Dune Cerámica, S.L. may process the minimum essential data on the user to guarantee ceasing or not receiving commercial advertising communications when this has been requested.
In accordance with the above, if the user does not agree to their data being processed by Dune Cerámica, S.L., he or she shall have to refrain from communicating or sending any personal data to Dune, by browsing on the web site anonymously or where applicable not using the web services.
The personal information will only be used for limited purposes, such as the ones stated above and/or, without implying any limitation, the ones which are clearly informed of prior to collecting and processing the interested party’s data and which constitute legitimate processing by Dune Cerámica, S.L..
In the framework of providing the services and contents offered over the web site, Dune Cerámica, S.L. may at some time request personal data from the user of the web site by forms or other means. In these cases, Dune shall include an informative communication in the data compilation form, in which it states all the conditions for processing personal data in accordance with Article 5 of the LOPD, such as the compulsory or optional nature of replying to the questions being asked, the consequences of obtaining the data or of refusal to supply this, the purposes of collecting this, any possible assignments which are made, and will where applicable request consent for any processing of personal data carried out. Any services which have particular conditions will furthermore include the relevant informative text on the conditions specifically regulating the use of the service. These policies will be complementary and for subsidiary application to the previous ones for any point in which there is no contradiction.
4. IDENTIFICATION OF THE PARTIES TO WHOM DUNE INTENDS TO MAKE ASSIGNMENTS OR COMMUNICATIONS OF DATA
Dune Cerámica, S.L. only considers making assignments or communications of data which it must do pursuant to Article 11.2.c. of the LOPD in order to comply with its obligations with public authorities competent in the cases in which this is required in accordance with legislation in force in each field at any time and also to other bodies such as State security forces and services, judges, public prosecutors, courts, court of auditors or the public ombudsman.
In the event of the user making a purchase online over the web site, Dune Cerámica, S.L. shall be able to assign its data to the third parties necessarily involved in management of the purchase in order to properly manage the whole purchasing process, such as the banking institutions involved in collecting the price of the product, courier and transport companies, insurance and assembly and any other third parties who may necessarily be directly or indirectly involved in managing the online purchase in all its phases and processes in accordance with what is established in current applicable legislation. To this end Dune will expressly inform of the persons receiving the data and the purpose of this communication in the user registration form itself, as well as in the Particular Contracting Conditions2 and legal texts regulating this. If the user does not agree with the assignments of data proposed he or she must refrain from making any purchase online.
In the event of the user taking part in any event arranged by Dune Cerámica, S.L., their data could be assigned to third parties involved in managing the event.
Dune Cerámica, S.L. similarly informs users that they will be notified of any other assignment of data which may have to be made when this is stipulated by the LOPD, expressly, precisely and clearly informing them of the persons receiving the information, of the use to which the data will be put, or where applicable, when the LOPD determines this, clear specific and informed consent of the user will be requested.
5. OTHER PARTIES RECEIVING INFORMATION
Dune Cerámica, S.L. warns the user that this organisation is only responsible for, and guarantees the confidentiality, security and processing of, data according to this policy in respect of the personal data that it obtains from the user through this web site, not having any kind of liability in respect of any processing and later use of personal data which might be made by third parties providing information society services who might access this data through rendering their services or doing their business.
‘Third-party information society service provider’ is understood to mean – without implying any limitation thereto – the natural or legal persons rendering the following services: (i) Transmission via a data communication network supplied by the beneficiaries of the service; (ii) Services for access to said network; (iii) Data storage or hosting services; (iv) Supply of content or information.
Dune Cerámica, S.L. is furthermore not liable for any processing of data carried out by third parties establishing hyperlinks with Dune nor for those to which Dune refers users of its web site through hyperlinks.
6. QUALITY OF THE DATA
Dune Cerámica, S.L. warns the user that except for the existence of any legally constituted power of attorney, no user may use the identity of someone else and communicate their personal data, for which reason users must at all times take into account that if they use electronic mail they can only include personal data about their own identity, which is suitable, relevant, updated, accurate and true. To this end, the user shall be the sole party liable for any direct and/or indirect damages which it may cause to third parties or to Dune through the use of another person’s personal data, or their own personal data when this is false, incorrect, not updated, unsuitable or irrelevant. The user communicating a third party’s personal data shall furthermore answer to the latter for the information obligation established in Article 5.4 of the LOPD for when personal data has not been collected from the interested party themselves and/or for the consequences of not having informed them.
7. DATA ON MINORS OR THE LEGALLY INCAPACITATED
Moreover, if the user is under eighteen (18) years of age or legally incapacitated, Dune Cerámica, S.L. warns of the need to obtain their parents’, guardians’ or legal representatives’ consent for communicating their personal data to Dune, for which reason Dune asks you to refrain from using the electronic mail service and not register for any Dune service or application. Registering and using the services on this site, in particular purchase, is prohibited for those under eighteen (18) years of age and any legally incapacitated persons who in this last case are not represented in accordance with currently effective legislation, Dune Cerámica, S.L. not otherwise being liable for the acts of the minor or incapacitated person.
8. FOLLOW US ON SOCIAL NETWORKS
Social networks are services provided by third-party providers enabling users to take part 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 users can create an account or profile for personal or commercial purposes. The way the social network works is firstly governed by the conditions established by the holder and/or provider of the network and secondly, when these are accounts or profiles for commercial purposes, by the terms and conditions established by the party responsible for the profile or official page or commercial account.
Dune Cerámica, S.L. has profiles on some social networks such as, without this meaning any limitation, Facebook, Twitter and Pinterest. You can follow us and become a fan of Dune on these social networks and on the different social networks that we tell you about on this Dune web site.
Our official sites and pages on social networks are meant for those over 18 years of age, and so if you would like to form part of our official sites and pages you must be over 18 years of age and carefully read the conditions and policies published by Dune Cerámica, S.L..
Dune Cerámica, S.L. is responsible for the administration of its official social media sites and pages whenever these are the original official sites and pages and have thus been created by Dune and when the operation of the social network itself allows Dune to carry out this administration.
If the user becomes a follower of the official sites and pages of Dune Cerámica, S.L., the user must respect the specific conditions laid down and published on each official site or page by the provider and owner of the social network and the ones published by Dune. The fact of becoming a “friend” or “follower” of our official sites and pages on social media implies that the user consents to processing of his or her data as established in the policies and conditions regulating their use in each case as stated above.
Dune Cerámica, S.L. is not liable for any unofficial sites and pages that third parties may create on the social networks even whilst imitating the image and look&feel of Dune.
Dune Cerámica, S.L. is responsible for the processing performed through its official sites and pages on social networks. If a user becomes a friend or follower of our official social media sites and pages, their personal data will be dealt with in order to run the official site or page properly, learn their opinions and/or comments, as well as informing and letting them know about the different events held by Dune through those official sites and pages on social networks.
In any event the user is hereby informed that Dune Cerámica, S.L. may eliminate from its official sites and pages on social networks any information that infringes the rules established in the legal conditions of the provider or owner of the social network in each case, that goes against the particular conditions established by Dune regulating its official sites and pages as well as against what is laid down in the law, by morality and public order and/or against lawful rights of third parties.
In the same way, the holders or suppliers of social networks may eliminate any content which either ex officio or through reports from another user, are seen to infringe any of the operating norms or rules imposed by the supplier or owner of each of the networks.
To stop following the official site or page of Dune Cerámica, S.L. or any of the official sites or pages on social networks, the user must take the steps indicated in the operating and usage conditions of each network supplier, without Dune being able to get involved in that process. Dune nevertheless reserves the right to create, edit, modify and/or eliminate its official sites and/or pages with no need to give the user any advance notice.
In order to make any enquiry about the processing carried out of data on followers on the official sites or pages of Dune Cerámica, S.L. on the social networks, the user may get in touch with Dune through the contact form found on this web site.
9. UPDATING OF DATA
The user is the sole source of information of their personal data, for which reason Dune Cerámica, S.L. asks you to let us know of any change in this, in order to ensure your data is updated at all times in accordance with the principles of the LOPD. Such a change may be made by the registered user on the site, directly by altering the data for his or her account or through exercising rights according to the procedure laid down in this policy in the section on exercising rights of access, rectification, cancellation and opposition.
10. EXERCISING RIGHTS OF OPPOSITION AND REVOCATION OF CONSENT GRANTED FOR RECEIVING COMMERCIAL COMMUNICATIONS BY ELECTRONIC CHANNELS OR OTHER EQUIVALENT ELECTRONIC MEDIA
The user is hereby informed that pursuant to Article 21.2 and 22.1 of the LSSICE you are entitled to oppose treatment of your data for promotional purposes for receiving commercial communications as well as to revoke the consent given for this at any time, in any of the cases (opposition and revocation) by simply informing Dune Cerámica, S.L. of your wishes. To this end you may in any event request opposition and/or revocation of consent as well as exclusion or withdrawal from the service of reception of commercial communications by sending Dune Cerámica, S.L. an electronic mail to the address: firstname.lastname@example.org stating “baja” in the subject line or expressly stating your opposition, revocation of consent or request for exclusion from being sent commercial communications by electronic channels or equivalent media.
Your request will be taken into account by Dune Cerámica, S.L. in order to guarantee exercise of your rights for halting the reception of commercial communications by electronic channels or equivalent media pursuant to the rules on electronic commerce and information society. For this purpose, Dune may carry out the processing of the minimum essential data of the user to guarantee stopping or non-reception of commercial advertising communications, when this has been requested.
11. EXERCISING RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OPPOSITION OF DATA
Dune Cerámica, S.L. hereby informs users of the possibility of exercising their rights of access, rectification, cancellation and opposition by sending a written request to Dune Cerámica, S.L. at the following address: Partida Rachina s/n San Juan de Moró, 12130.
To this end, the interested party must send Dune Cerámica, S.L. the written notice indicating the request or right being exercised along with a copy of their I.D. card or legally valid document accrediting their identity.
Users are reminded that if they are registered on the site they may access and modify their data through their account.
12. COOKIES AND DEVICES FOR STORAGE AND RECOVERY OF DATA ON TERMINALS
13. SECURITY MEASURES PROVIDED WITH REGARD TO PROCESSING PERSONAL DATA
Dune Cerámica, S.L. hereby informs the user that in accordance with what is laid down in the LOPD and the RDLOPD, it has adopted the technical and organisational means required to guarantee the security of any personal data and to prevent any alteration, loss, unauthorised processing or access in view of the state of the art, the type of data stored and the risks to which this is exposed, either from people’s acts or from the physical or natural environment and that it will only record personal data in files meeting the conditions determined in said Regulations with regard to its integrity and security and to that of the processing centres, premises, equipment, systems and programs. Dune similarly guarantees the user compliance of the duty of professional secrecy in respect of the user’s personal data and the duty to safeguard this.
14. RECOMMENDATIONS TO USERS
Dune Cerámica, S.L. recommends that users should use the latest versions of I.T. programs for Internet browsing, since these include greater security features.
Dune Cerámica, S.L. similarly recommends that users should use the safety devices available to them (secure web servers, cryptography, digital signatures, firewall, etc.) to protect the confidentiality and integrity of their data insofar as this proves necessary, given that there are risks of criminal impersonation or communication violation.
Dune Cerámica, S.L. reminds users that Internet is not secure. There are nevertheless different media and developments of these enabling an improvement in data protection. Any means in your power should thus be used to protect your data and communications, such as legally available encoding for confidential electronic mail and access codes to your own Internet-connected device.
Lastly Dune Cerámica, S.L. warns of the importance of reading, understanding and if approved, accepting, the conditions published on web sites, and in particular on this site, as well as all the legal conditions published, prior to using the services and more specifically when making a purchase over the site.
15. UPDATING POLICIES
Dune Cerámica, S.L. will occasionally update this privacy and personal data processing policy for users of the web site.
Any modification of this policy will be published and made known on the web site of Dune Cerámica, S.L. and in the policy itself, the user having to take into account that processing of any data that he or she had given Dune will be governed by the data processing policies and conditions currently in force and published at the time when their personal data has been given to Dune or, if any modification were applicable, by the new modified version, with no detriment to the preferential application of the specific legal texts for this purpose, as well as the informative texts given on coupons and forms for data compilation and also in the particular service conditions.
It will in any event be the user’s responsibility to regularly access the privacy policies of Dune Cerámica, S.L. as published in order to get to know the latest version at any time.
Dune Cerámica, S.L. reminds the user that if, after reading this document, you continue to use the services of the web site and give your personal data to Dune, you will thereby be declaring your express acceptance of this privacy and personal data processing policy. The user should otherwise refrain from using the services and contents of the web site in any way that gives personal data to Dune Cerámica, S.L. and browse anonymously.
16. CONTACT INFORMATION
Dune Cerámica, S.L. will be grateful to receive any comments that the user may provide with regard to this privacy and personal data protection policy. For this purpose, or for making any enquiry about this, users may get in touch with Dune by using the contact form on this web site.