Confidentiality and data protection
In accordance with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 (hereinafter, the “GDPR”) and Organic Law 3/2018 on Data Protection and Guarantees of Digital Rights (LOPDGDD), GARCÍA VILLAR BERRIES SL, as the data controller, informs the user of the existence of automated processing of personal data and provides information regarding the personal data subject to such processing
Who is responsible for processing your data?
Identity: GARCÍA VILLAR BERRIES SL (hereinafter, ARÁNDANOS EL CIERRÓN)
Tax ID: B-52551223
Postal address: CALLE LA OLIVA, No. 6, 3rd Floor, Flat B, 33300, VILLAVICIOSA, ASTURIAS (Spain)
Telephone numbers: +34 985891560 / +34 684665213
Email: info@nurseryberries.com
Legal representative: María de los Ángeles Villar Cueto
Purposes
The main purposes of processing your data are as follows:
1. Purchasing products
If the registered User wishes to purchase any of the products offered by NURSERY BERRIES, they must complete the form provided for this purpose on the Website, providing their identification and contact details, as well as payment and billing information. The legal basis is the contractual relationship, and the data provided will be retained for the duration of that relationship, as well as being blocked for up to a further five years for tax purposes and to cover any potential liabilities.
2 Information on NURSERY BERRIES products and information deemed of interest to website users
In accordance with Article 6(1)(a) of the GDPR, provided we have previously obtained your express consent to subscribe to our newsletter, we will use the data necessary for this purpose to send commercial communications in accordance with that consent.
You may unsubscribe from the newsletter at any time by sending a message to our contact address provided here or by clicking on the link provided for this purpose in the email containing the commercial communication.
Once you have unsubscribed, we will block your email address for this purpose, provided that you have not given your express consent for the data to continue to be used, or we reserve the right to continue using your data in cases permitted by law and about which we inform you in this document.
3 User registration in the private area of the NURSERY BERRIES website
Once logged in, users may purchase the products offered on the website. The legal basis for data processing is your consent.
4. To manage social media. NURSERY BERRIES has a presence on social media
The processing of data relating to individuals who follow the official NURSERY BERRIES page on social media shall be governed by this section, as well as by the terms of use, privacy policies and access regulations applicable to the relevant social media platform in each case. On social media, we will provide information about the products, activities or services of ANURSERY BERRIES and other individuals and organisations that we believe may be of interest to our followers.
File register and form
Completing the forms provided on the NURSERY BERRIES website is mandatory so that the organisation can administratively manage the data of registered users and fulfil the other purposes described.
We inform you that the personal data obtained as a result of completing the form provided will form part of NURSERY BERRIES Register of Processing Activities and Operations (RAT), which will be updated periodically in accordance with the provisions of the GDPR
How long will we retain your data?
In general, each person’s data will be retained for as long as they remain a registered user and for the limitation period of any legal actions that may arise.
Financial data will be retained in accordance with the provisions of Law 58/2003 of 17 December, the General Tax Law.
Law 10/2010 of 28 April on the prevention of money laundering and terrorist financing requires that the data subject’s documentation be retained for a minimum period of 10 years.
The personal data of individuals interested in receiving information from NURSERY BERRIES will be retained in the system indefinitely unless the data subject requests its erasure.
What is the legal basis for the processing of your data?
• GDPR: 6.1.a) The data subject has given consent to the processing of their personal data for one or more specific purposes.
• GDPR: 6.1.b) Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the data subject’s request prior to entering into a contract.
• GDPR: 6.1.f) Processing is necessary for the purposes of the legitimate interests pursued by NURSERY BERRIES, provided that such interests are not overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a minor.
• General Data Protection Regulation
Law 34/2002 of 11 July on information society services and electronic commerce
Accuracy and truthfulness of the data provided
The data subject is responsible for the truthfulness and accuracy of the data provided, and NURSERY BERRIES is hereby exempt from any liability in this regard. Data subjects guarantee and are responsible, in all cases, for the accuracy, validity and authenticity of the personal data provided, and undertake to keep them duly updated. The data subject agrees to provide complete and correct information on the form provided.
NURSERY BERRIES is not liable for the accuracy of information not produced by itself and for which another source is indicated; consequently, it assumes no liability whatsoever for any hypothetical damages that may arise from the use of such information.
NURSERY BERRIES is exempt from liability for any damage or harm that the data subject may suffer as a result of errors, defects or omissions in the information provided.
Personal data of third parties and minors
As a general rule, it only processes data provided by the data subjects themselves. If you provide us with data relating to third parties, you must first inform those individuals and obtain their consent; otherwise, NURSERY BERRIES disclaims any liability for failure to comply with this requirement.
We do not process data relating to children under the age of 14. Therefore, please refrain from providing such data if you are under that age or, where applicable, from providing data relating to third parties who are under that age. NURSERY BERRIES accepts no liability for any breach of this provision.
Disclosure to third parties
We will only disclose the data subject’s personal data to third parties if they have given their consent or where other grounds for authorisation exist in accordance with the applicable data protection legislation. This includes, first and foremost, service providers commissioned by NURSERY BERRIES (Article 28 of the GDPR). These include, for example, the web hosting provider for the operation of our website or the transmission of relevant accounting information to service providers for accounting or auditing purposes. However, in these cases, the scope of the data transferred is limited to the minimum necessary to achieve the objectives pursued through the processing of the data.
Data will also be disclosed in the cases provided for by law, and your personal information will be made available to public authorities, judges and courts to address any potential liabilities arising from the processing.
Exercise of rights
As a data subject, you have the following rights in accordance with the General Data Protection Regulation (GDPR):
• in accordance with Article 15 of the GDPR, the right, to the extent specified therein, to obtain information regarding the personal data concerning you that we process;
• in accordance with Article 16 of the GDPR, the right to have your personal data rectified or completed without undue delay;
• pursuant to Article 17 of the GDPR, the right to obtain the erasure of personal data concerning you, provided that the processing is not necessary:
– for the exercise of the right to freedom of expression and information,
– for compliance with a legal obligation,
– for reasons of public interest
– for the establishment, exercise or defence of legal claims;
In accordance with Article 18 of the GDPR, the right to obtain restriction of the processing of your data where:
– the data subject contests the accuracy of the data
– the processing is unlawful and you object to the erasure of the data,
– we no longer need the data but you require it for the establishment, exercise or defence of legal claims, or YOU have objected to the processing pursuant to Article 21 of the GDPR;
• in accordance with Article 20 of the GDPR, the right to receive the personal data concerning you which you have provided to us, in a structured, commonly used and machine-readable format, or to request that it be transmitted to another controller;
• in accordance with Article 77 of the GDPR, the right to lodge a complaint with a supervisory authority.
As a general rule, you may contact the supervisory authority in your place of habitual residence or work, or where our company is based.
In Spain: Spanish Data Protection Agency (AEPD)
Calle Jorge Juan, nº6 28001-Madrid
Telephone +34 901 100 099 https://www.aepd.es/
Security measures
We have implemented the legally required security measures for the protection of Personal Data, and we endeavour to install any additional technical measures and resources within our means to prevent the loss, misuse, alteration, unauthorised access and theft of the Personal Data provided
NURSERY BERRIES is not liable for any hypothetical damages or losses that may arise from interference, omissions, interruptions, computer viruses, telephone faults or disconnections in the operational functioning of this electronic system, caused by factors beyond the control of the data controller, or for delays or blockages in the use of this electronic system caused by deficiencies or overloads in telephone lines or overloads in the Data Processing Centre, the Internet system or other electronic systems, as well as for any damage that may be caused by third parties through unlawful interference beyond the control of the joint data controllers. Nevertheless, the data subject must be aware that security measures on the Internet are not impregnable.
Social Media
ARÁNDANOS EL CIERRÓN has a presence on social media. If the data subject follows ARÁNDANOS EL CIERRÓN on social media, the processing of personal data will be governed by this section, as well as by the terms of use, privacy policies and access regulations applicable to the relevant social media platform in each case, which the data subject has previously accepted.
ARÁNDANOS EL CIERRÓN will process your personal data for the purpose of properly managing its presence on the social media platform, informing you of its activities or services, as well as for any other purpose permitted by the social media platform’s regulations.
Under no circumstances will ARÁNDANOS EL CIERRÓN use followers’ social media profiles to send individualised advertising.
This Social Media Privacy Policy describes the use of users’ personal data when they register via the profile that ARÁNDANOS EL CIERRÓN maintains on social media platforms such as Facebook, Instagram, etc., and when they browse using their social media account, for the purposes set out below.
By registering with their Facebook, Instagram, etc. ID – in short, via a social media platform – the user gives their express consent to the processing of their personal data in accordance with ARÁNDANOS EL CIERRÓN’s Privacy Policy
Uses and disclosure in relation to Facebook
When you participate in social sharing via available Facebook products or our Services, we are responsible, jointly with Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland (“Facebook”), for collecting your Personal Information and Other Information and sending it to Facebook. Such collection and transfer takes place, amongst other things, when you agree to use Facebook plug-ins or pixels on our website. What Facebook does with your Personal Information and Other Information it obtains after receiving such information via our Services is the sole responsibility of Facebook and is governed by its privacy policy. We only share this information with Facebook so that it can use its social sharing features and to obtain information about the use of our organisation’s Facebook page.
For further information: www.facebook.com/legal/terms/page_controller_addendum.
Instagram service features are integrated into our website. These features are provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, United States. If you are logged into your Instagram account, you can link content from our page to your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to our page with your user account. Please note that we, as the providers of the pages, have no knowledge of the content of the data transmitted or how it is used by Instagram. For further information, please refer to Instagram’s Privacy Policy: instagram.com/about/legal
YouTube
YouTube videos may be embedded on our website. These are stored at www.Youtube.com but can be played directly from our website. To embed the videos on our website, we have activated the extended data protection mode. This means that no data about you is transferred to YouTube if you do not play the videos. However, if you do play the videos, data is transferred to YouTube. In principle, YouTube receives the information that you have accessed the relevant page on our website. Furthermore, other data may be transmitted to YouTube of which we are unaware. We also have no influence whatsoever on the transmission of data. If you are logged in to YouTube, the data transmitted will be directly linked to your account. If you do not wish this to happen, please log out of YouTube before playing the videos on our websites. YouTube stores your data in the form of usage profiles and uses it for advertising, market research and/or the customised design of its website. This type of analysis may, in particular, result in the provision of personalised advertising (including to users who are not logged in). You have the right to object to the creation of user profiles by YouTube. You must exercise this right directly with YouTube.
You can find further information on the purpose and scope of data collection and processing in YouTube’s privacy policy. There you will also find further information on your rights and settings options to protect your privacy. Google also processes your personal data in the United States and is subject to the EU-US Privacy Shield. The legal basis for embedding YouTube videos is Article 6(1)(f) of the GDPR.