IV. Privacy and Data Protection Policy In accordance with current regulations on personal data protection, we inform you that the personal data collected through the forms on the website will be included in the automated user files for the services offered.
Dressamina is committed to implementing the necessary technical and organizational measures to ensure appropriate security for the collected data. This privacy policy is in line with Spanish and European regulations on personal data protection on the internet, specifically the following:
• Regulation (EU) 2016/679 of the European Parliament and Council dated April 27, 2016, regarding the protection of natural persons in regards to the processing of personal data and its free flow. • Organic Law 3/2018, dated December 5, on the protection of personal data and the guarantee of digital rights. • Royal Decree 1720/2007, dated December 21, which implements the development regulation of Organic Law 15/1999, dated December 13, on the protection of personal data. • Law 34/2002, dated July 11, on information society and e-commerce services.
The responsible party for the processing of personal data collected by Dressamina is: ULTRA FASHION GROUP SL, with NIF: B72916232, registered in the Madrid Mercantile Registry with the following information: Madrid Registry Volume 44429, Folio 220, Section GNE, with the representative being Ultra Fashion Group. Their contact details are as follows:
Contact email: ultrafashionmad@gmail.com
In accordance with the provisions of the GDPR and the LOPD-GDD, we inform you that personal data collected by Dressamina through the forms on its website will be processed in our files for the purpose of facilitating, expediting, and fulfilling commitments made between Dressamina and the user, maintaining the relationship established through the forms, or responding to requests or queries. Also, in accordance with the GDPR and the LOPD-GDD, unless the exception provided for in article 30.5 of the GDPR, a record of processing activities is maintained that specifies the processing activities carried out and other circumstances as outlined in the GDPR.
Principles for Processing Personal Data The processing of the user’s personal data will be subject to the following principles outlined in Article 5 of the GDPR: • Legality, fairness, and transparency: the user’s consent will be obtained with complete transparency about the purposes for which personal data is collected. • Purpose limitation: personal data will only be collected for determined, explicit, and legitimate purposes. • Data minimization: only the minimum personal data necessary for the stated purposes will be collected. • Accuracy: personal data must be accurate and kept up to date. • Limited retention period: personal data will be kept for the minimum time necessary for the processing purposes. • Integrity and confidentiality: personal data will be processed in a way that ensures its security and confidentiality. • Proactive responsibility: the data controller will be responsible for ensuring that the above principles are followed.
Categories of Personal Data The only personal data processed by Dressamina is identifying data. No special categories of personal data defined in Article 9 of the GDPR are processed.
Legal Basis for Processing Personal Data The legal basis for processing personal data is the user’s consent. Dressamina will obtain the user’s express and verifiable consent for the processing of their personal data for one or more specific purposes. The user has the right to withdraw their consent at any time, and it will be as easy to withdraw consent as to give it. As a general rule, withdrawing consent will not affect the use of the website.
Occasionally, the User may need to provide their data through forms for inquiries, requesting information or for reasons related to the content of the Website. The User will be informed if completion of any form is mandatory, as it is essential for proper operation.
The personal data collected by Dressamina is used to facilitate, expedite, and fulfill the commitments between the Website and User, or to maintain the relationship established in the forms filled out by the User, or to respond to a request or query. Additionally, the data may be used for commercial purposes such as personalization, operational and statistical activities, corporate purposes, and for extracting, storing, and conducting marketing studies to adapt content to the User and improve the quality, operation, and navigation of the website.
The User will be informed of the specific purposes for processing their personal data at the time of obtaining it. Personal data will be retained for the minimum time necessary for the purposes of processing and for no longer than 6 years or until the User requests deletion. The User will also be informed of the retention period or the criteria used to determine it at the time of obtaining the data.
The User’s personal data will not be shared with third parties, and the User will be informed of the recipients or categories of recipients of personal data at the time of obtaining it.
According to articles 8 of the GDPR and 13 of the RDLOPD, only individuals over 14 years old may grant their consent for the processing of their personal data by Dressamina. If the User is a minor under 14 years of age, their parent or guardian must provide consent for the processing, and this will only be considered lawful if they have authorized it.
Protection and Security of Personal Data Dressamina commits to implementing necessary technical and organizational measures, considering the appropriate level of security to the risk of the collected data, to ensure the security of personal data and prevent accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or processed, or unauthorized communication or access to such data. The website has an SSL (Secure Socket Layer) certificate, ensuring that personal data is transmitted securely and confidentially. The transmission of data between the server and the user is fully encrypted. However, as Dressamina cannot guarantee the impenetrability of the Internet or the complete absence of unauthorized access to personal data by hackers or others, the company commits to notify the user without undue delay in case of a personal data breach that may pose a high risk to the rights and freedoms of individuals. Such a breach is defined as any security breach that leads to accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or processed, or unauthorized communication or access to such data. The Data Controller will treat personal data as confidential and commits to informing and ensuring, through legal obligation or contract, that this confidentiality is respected by its employees, associates, and all other people who have access to the information.
Rights Arising from Personal Data Processing The user has the following rights recognized by the GDPR and can exercise them before the Data Controller: • Right of Access: The user has the right to know if Dressamina is processing their personal data and to receive information about their specific personal data and its processing. • Right of Rectification: The user has the right to correct any inaccurate or incomplete information about themselves.
• Right to erasure (the right to be forgotten): The User has the right to request the deletion of their personal data when the data is no longer necessary for the purposes it was collected, the User has withdrawn their consent, the processing is illegal, there is no legitimate reason to continue processing, the personal data must be deleted due to a legal obligation, or the data was obtained from a child under 14 years old. The Data Controller must also take reasonable measures to inform those processing the data of the request to erase links to that personal data. • Right to restriction of processing: The User has the right to request the restriction of processing of their personal data when they contest the accuracy of the data, the processing is illegal, the Data Controller no longer needs the data but the User needs it for claims, or the User has opposed the processing. • Right to data portability: If the processing is done by automated means, the User has the right to receive their personal data in a structured, commonly used, and mechanically readable format from the Data Controller and transmit it to another controller. If technically possible, the Data Controller will directly transfer the data to the other controller. • Right to object: The User has the right to object to the processing of their personal data by Dressamine. • Right not to be subject to automated decision-making: The User has the right not to be subject to a decision based solely on automated processing of their personal data, including profiling, unless otherwise established by law.
Thus, the User may specify their rights by writing to the Data Controller with the reference “RGPD-www.dressamina.com“, including: • Name, surname, and a copy of the ID of the User. If representation is accepted, identification of the representative is also required along with proof of representation. A photocopy of the ID can be replaced with any other legally valid means of identification. • The request with specific reasons or the information desired to access. • Address for notifications. • Date and signature of the applicant. • Any supporting document for the request. This application and any attachments can be sent to the following email: Email: www.ultrafashionmad@gmail.com Claims before control authority If the User believes there is a problem or violation of regulations regarding the processing of their personal data, they have the right to legal protection and can file a claim with a control authority, such as the Spanish Agency for Data Protection (http://www.agpd.es) in Spain or the Dutch Authority for Data Protection (Autoriteit Persoonsgegevens, AP) (https://www.autoriteitpersoonsgegevens.nl) in the Netherlands. Acceptance and changes to privacy policy The User must read and agree to the conditions regarding personal data protection in this Privacy Policy and accept the processing of their personal data before the Data Controller can proceed with such processing. Using the Website implies acceptance of the Privacy Policy.
Dressamina reserves the right to modify its Privacy Policy at its discretion or due to changes in legislation, jurisprudence, or Spanish Data Protection Agency guidelines. Any changes or updates to the Privacy Policy will be explicitly notified to the user. This Privacy Policy was updated on February 2, 2023 to align with the European Union’s General Data Protection Regulation (RGPD) and Spain’s Organic Law 3/2018 on Personal Data Protection and digital rights.
Hyperlink Policy: Anyone linking a web page from another website to Dressamina’s website should be aware that reproduction of any of the website’s content or services without Dressamina’s express permission is not allowed. Additionally, false or incorrect statements about the Dressamina website or its content and services are not permitted. The website hosting the hyperlink must not contain any elements of the Dressamina website protected as intellectual property by Spanish law unless Dressamina has granted express permission. The creation of the hyperlink does not imply a relationship between Dressamina and the owner of the linking website or endorsement of the content, services, or activities offered on that website.
Intellectual and Industrial Property: Dressamina is the owner or assignee of all intellectual and industrial property rights to the website and its elements (such as images, sound, text, trademarks, logos, design, etc.). These works are protected as intellectual property under Spanish law, including Spanish and EU regulations and international treaties signed by Spain. All rights reserved.
VII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION
Dressamina reserves the right to bring civil or criminal actions as it deems necessary for the improper use of the Website and its Contents, or for breach of these conditions.
The relationship between the User and Dressamina will be governed by the current regulations applicable in Spanish territory. In case of any controversy regarding the interpretation or application of these conditions, the parties will submit their conflicts to ordinary jurisdiction, subject to the judges and courts that correspond by law.
