If you are a California resident, please see the section below titled “Your California Privacy Rights”.
1. Our commitments
Everyone has the right to protect their personal data. We respect the right of users to be informed about the collection of their personal data and other operations related to said data. In using data that can identify you directly or indirectly, we will apply a principle of strict necessity. For this reason, we have designed the Website in such a way that your personal data will be used in a minimal way and their use will not exceed the purposes for which your personal data was collected or processed: we shall process it when we can provide you with services through the use of anonymous or traffic data (such as marketing research, studies carried out to improve our services, navigation data to provide you with customised contents, offers adapted to your language preference, your location, etc.) or by other means that would allow us to identify you, except when strictly necessary or as a result of a prior request from competent public authorities or the police (for example, in case of traffic data or your IP address).
For the purposes of data protection legislation (as defined below), ANTONIO PUIG S.A. Hereinafter referred to as “APSA” or the “Company”), with registered office at Plaça Europa, 46-48, 08902 Hospitalet de Llobregat (Barcelona), holder of Tax Reference NumberA-08.158.289, recorded with the Commercial Registry of Barcelona at volume 47407, folio 172, sheet number B-11327shall be considered to be your personal data processing manager. The Company undertakes to process all the information provided online by a user as strictly confidential.
You must inform our customer service department of any change in the personal data in order to guarantee that the information contained in our records is at all times updated and accurate. In all cases, you are responsible for the accuracy of the personal data provided, and we reserve the right to suspend or stop the services requested if you provide inaccurate personal data, without prejudice to any action permitted by law.
2. Applicable legislation
All personal data sent to the Company via the Website will be collected or processed by the Company pursuant applicable data protection legislation, including EU Regulation 2016/679 relating to the protection of individuals with regard to personal data processing and the free circulation of these data (General Data Protection Regulation or GDPR), without prejudice to any other national regulations in force or that in the future may be passed on the matter, as well as applicable local laws that benefit consumers, in accordance with EU Regulation 593/200 (“ROMA I”) of 17th June, 2018, or any other conflict of law rule applicable, where appropriate (hereinafter referred to jointly as “Data protection legislation”).
3. Who collects and processes your personal data, how and for what purpose?
Personal data that you give us: Via the related website forms, your personal data (name, last name, gender, date of birth, e-mail, etc.) may be processed for marketing purposes, in particular: to send users - by means of newsletters and/or commercial correspondence by e-mail and/or post - information and updates on our products, offers, product samples (sampling campaigns), exclusive sales, promotional campaigns and news of events and similar initiatives organised by APSA or any company of PUIG’s group (referred to in this document as “Marketing purposes” or “Newsletters”).
The legal basis for processing your personal data according to the above-mentioned purpose is based on your consent.
The reasons for collecting personal data are expressly listed in the information on the privacy declaration that we shall put out from time to time on the page requesting the User to provide their personal data, in relation to Marketing purposes.
Personal data and traffic data are processed mainly by electronic means and will be stored by us in any case, in accordance with data protection legislation. The information obtained includes internet protocol (IP) address of the device you are using, the navigation programme you use, your operating system, the date and time of access, the Internet address of the Website whereby you accessed our websites and also information on how you use our websites.
The legal basis for processing your personal data according to the above-mentioned purpose is based on your consent. For further information on the use, as well as the configuration of your preferences on cookies (and/or similar technologies), please see our Cookies Policy.
4. What happens if you do not provide us with your personal data?
Refusing to provide us with some of your personal data necessary to achieve the above-mentioned purposes shall, as a result, lead to the impossibility of being able to deal with any subscription and, where appropriate, sending the related Newsletters.
Disclosing to us additional personal data that is not necessary to comply with legal or contractual obligations and to examine our services in a suitable way with necessary traffic data is, on the other hand, optional and has no effect whatsoever on the use of the Website and its services or on the purchase of products through the Website.
5. To whom will your personal data be disclosed?
APSA has hired the provision of certain services to providers, who could have access and/or process personal data in their capacity as data processors (hereinafter referred to as “Data processors”), in particular:
- • Website hosting and maintenance providers and corporate software solution providers who so require it;
- • Marketing agencies (event management, dispatch of notices to customers and database management);
- • Customer service providers (management of data subjects rights, customer care services);
In any case, your personal data shall not be transferred to countries located outside the European Economic Area that do not offer a suitable level or do not provide suitable guarantees of protection in accordance with the provisions set out in data protection legislation.
In addition, we may give your data to the competent authorities when this is provided for by law. Your personal data may also be disclosed to public authorities (e.g., police or judicial authorities) in accordance with applicable laws and at the official request of these bodies, for example, in the case where we must prevent fraud on the Website (anti-fraud services).
Your personal data can also be sent to the companies belonging to PUIG’s group, with registered office in EU countries or in countries outside the EU, for their own marketing purposes.
6. Security measures and storage period
In order to provide the best possible protection for your personal data beyond the limits of our control and management thereof, it is advisable to have on your computer software devices that will protect the transmission/reception of online data (such as updated antivirus systems) and for your Internet service provider to take suitable measures for the security of online data transmission (such as, for example, firewall and antispam filter).
7. Transfer of your personal data to other countries
The personal data we collect from you is currently held within the European Union (“EU”).
However, it is possible, that in the future, this personal data will be transferred, stored or processed outside the EU or the European Economic Area (“EEA”). In this eventuality, your data will only be transferred to countries located outside the European Union where: (i) there is an adequacy finding of the European Commission; or (ii) the appropriate guarantees of protection are provided (namely, Data protection-type clauses adopted by the European Commission or a control authority, Binding corporate Regulations, Codes of conduct, Certification mechanisms or ad hoc contract clauses).
8. Your right in relation to your personal data
We set out below a summary of the rights available to you in connection with your personal data.
For your convenience, and without prejudice to certain formal requirements set out in data protection legislation, you can exercise any of these rights by contacting us at [TBC]
• Right to withdraw your consent:
You may withdraw the consent you give to the Company to process your personal data at any time. You must remember, however, that, if you withdraw your consent or otherwise object to our processing your personal data, this may affect our ability to provide you with our services or affect the operating capacity of our Website.
Also, if at any time you wish to stop receiving future marketing messages, notices and materials, you may do so by clicking on the link “unsubscribe” which is included in all our e-mail marketing messages.
• Right to access your personal data in our possession:
You have the right to obtain, at any time, confirmation of whether or not we are processing your personal data and, where appropriate, access these personal data.
You also have the right to receive information on the source of your personal data; the purposes and form of processing your personal data; the logic involved in any online data processing, the details of the data processing manager and the data processors; the names of the bodies and categories of bodies to which your personal data can be disclosed or which may access your personal data, for example, as data processing manager or a party so appointed.
• Right to have inaccurate Personal Data rectified:
You have the right to obtain from us without undue delay the rectification of inaccurate personal data that we hold and which concerns you. The includes the right to request that incomplete personal data is completed.
• Right to erasure:
You have the right to obtain from us the erasure without undue delay of personal data that we hold and which concerns you, in the circumstances as provided by data protection legislation.
• Right to restriction of processing:
You have the right to restrict the way in which we process your personal data in the circumstances stipulated by data protection legislation.
• Right to data portability:
You have the right to receive from us the personal data relating to you that you have given us, in a structured, commonly used and machine legible format, and the right to transmit these data to another processing manager without any impediment from us. This right shall include the right to require us to transmit the relevant personal data to another processing manager in your name, when this is technically feasible. This right only applies to the personal data for which: (i) we obtain your consent to process, or that (ii) we obtain to fulfil our contractual obligations with you, and in each case insofar as we process your personal data by automated means.
• Right to lodge a complaint against us:
You have the right to exercise your right to lodge a complaint with a competent supervisory authority, in particular in the member state of your habitual residence, place of work or place of the presumed infringement occurred, if you consider that the processing of your personal data infringes data protection legislation.
Whenever your consent is required, the Company will inform you in advance and will give you the option of providing or refusing your consent to use your personal data, including your e-mail address, for the above-mentioned purposes, by putting a cross in the appropriate boxes. We would like to inform you that we can process your personal data without your consent in certain circumstances, such as when this processing is necessary to carry out legal obligations that we are bound to fulfil or when this processing is necessary to carry out obligations undertaken in contracts with users.
Your California Privacy Rights
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.||NO|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||NO|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||NO|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||NO|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA's scope, like:
- o health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- o personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from our customers or their agents. For example, from information that our customers provide in order to facilitate the purchase of our products.
- Indirectly from our clients or their agents. For example, through information we collect from our customers in the course of providing products to them.
- Both directly and indirectly from activity on our website ([TBC]).
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfil or meet the reason for which the information is provided. For example, if you provide us with your address, we will use this information to ship products to you.
- To provide you with information, products or services that you request from us.
- To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
- To improve our website and present its contents to you.
- For testing, research, analysis and product development.
- As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: California Protected Class information
Category D: Commercial Information
We disclose your personal information for a business purpose to the following categories of third parties:
- Our affiliates.
- Service providers.
- Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- o sales, identifying the personal information categories that each category of recipient purchased; and
- o disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- 1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- 2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- 3. Debug products to identify and repair errors that impair existing intended functionality.
- 4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- 5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- 6. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- 7. Comply with a legal obligation.
- 8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at [TBC]
- E-mail to [TBC]
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to Our Privacy Notice
We reserve the right to change this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Email: [email protected]
Last Update: May 2021.
© ANTONIO PUIG S.A., 2021. All rights reserved.