PRIVACY AND DATA PROTECTION POLICY
Respecting the provisions of current legislation, Daring Light (hereinafter also Website) undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.
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 (GDPR).
Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
Royal Decree 1720/2007, of 21 December, approving the Regulation implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).
Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).
Identity of the party responsible for the processing of personal data
The person responsible for the processing of the personal data collected in Daring Light is: Sergio Martínez Anaya, with NIF: 53123460S (hereinafter, Data Controller). His contact details are as follows:
Address: Av. Castell de Montbui 48 B, 2-1. 08182 – Sant Feliu de Codines, Barcelona.
Contact telephone number: +34640770618
Contact email: email@example.com
Register of Personal Data
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Daring Light, through the forms provided on its pages will be incorporated and processed in our file in order to facilitate, expedite and fulfil the commitments established between Daring Light and the User or the maintenance of the relationship established in the forms that the User fills in, or to respond to a request or query from the User. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception foreseen in article 30.5 of the RGPD is applicable, a register of processing activities is kept which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD.
Principles applicable to the processing of personal data
The processing of the User’s personal data shall be subject to the following principles set out in Article 5 of the GDPR and in Article 4 et seq. of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights:
Principle of lawfulness, fairness and transparency: the consent of the User shall be required at all times following fully transparent information on the purposes for which the personal data is collected.
Purpose limitation principle: personal data will be collected for specified, explicit and legitimate purposes.
Principle of data minimisation: personal data collected will be only that which is strictly necessary in relation to the purposes for which they are processed.
Accuracy principle: personal data must be accurate and always up to date.
Principle of limitation of the storage period: personal data shall only be kept in a form that allows the identification of the User for the time necessary for the purposes for which they are processed.
Principle of integrity and confidentiality: personal data shall be processed in such a way as to ensure their security and confidentiality.
Principle of proactive accountability: the Controller shall be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed by Daring Light are only identification data. In no case are special categories of personal data processed within the meaning of Article 9 of the GDPR.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. Daring Light undertakes to obtain the express and verifiable consent of the User to the processing of his personal data for one or more specific purposes.
The User will have the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, withdrawal of consent shall not condition the use of the Website.
On those occasions when the User must or may provide their data through forms to make enquiries, request information or for reasons related to the content of the Website, they will be informed in the event that the completion of any of them is compulsory because they are essential for the correct development of the operation carried out.
Purposes of the processing for which the personal data is used
The personal data are collected and managed by Daring Light for the purpose of being able to facilitate, speed up and fulfil the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills in or to attend to a request or consultation.
Likewise, the data may be used for the commercial purpose of personalisation, operational and statistical purposes, and activities proper to the corporate purpose of Daring Light, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.
At the moment in which the personal data is obtained, the User will be informed about the specific purpose or purposes of the processing to which the personal data will be destined; that is to say, the use or uses that will be given to the information collected.
Retention periods of personal data
Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 2 years, or until the User requests their deletion.
At the time the personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period.
Recipients of personal data
The User’s personal data will be shared with the following recipients or categories of recipients, for the proper functioning of the website, collections, payments and deliveries:
Dinahosting S.L., with CIF B-15805419, established in Rúa das Salvadas 41, baixo 15705 Santiago de Compostela (A Coruña)
CORREOS EXPRESS PAQUETERIA URGENTE, S.A., S.M.E. (hereinafter Correos Express), CIF No. A28799120. COMPANY ADDRESS: Avda de Europa nº 8, Centro de Transportes de Coslada, 28.821, Coslada (Madrid).
Sociedad Estatal Correos y Telégrafos, S.A., S.M.E. (hereinafter “Correos”), with registered office at Vía Dublín nº 7 (Campo de las Naciones) 28070 Madrid (Spain), CIF number A83052407.
Deutsche Post AG (hereinafter ‘DHL’), established in Charles-de-Gaulle-Straße 20 53113 Bonn (Germany), DE169838187.
KOUKOKU S.L. (hereinafter, La Maravillosa Agency) with registered office at Calle Ramon Turro, 69 – LOC 1, Barcelona, 08005 , Barcelona and CIF: B64846710.
NÉOS GESTIÓ EMPRESARIAL, S.L. with registered office at Plaza Moreu, 12 – P. ENT PTA. 3, Caldes de Montbui, 08140 , Barcelona and CIF: B62176094.
Banco Bilbao Vizcaya Argentaria, S.A. with registered office at Plaza San Nicolás 4, 48005 Bilbao and Tax Identification Code A-48265169.
SEUR, S.A., a Spanish company with tax identification number A-28985992 (hereinafter “SEUR”), with registered office at Calle Gamonal 6 (28031), Madrid, Spain and registered in the National Register of Associations, Group 1, Section 1, national number 594400, CIF G85804011, Calle la Palma 59, Bajo A., 28015 Madrid (Spain).
Clearpay, S.A.U. with N.I.F. A-85827335 (hereinafter, “Clearpay”) and registered office at Paseo de la Castellana 95, Torre Europa, 11th Floor, 28046 – Madrid (Spain) and registered in the Companies Register of Madrid, Volume 27.331, Folio 98, page M-492463. Administrative authorisation and Supervisory Body: Clearpay, S.A.U. is a payment institution subject to the supervision of the Bank of Spain, registered in the Official Register of Entities of the Bank of Spain under code 6857.
In the event that the Controller intends to transfer personal data to a third country or international organisation, at the time the personal data is obtained, the User will be informed of the third country or international organisation to which it intends to transfer the data, as well as of the existence or absence of an adequacy decision by the Commission.
Personal data of minors
Respecting the provisions of Articles 8 of the GDPR and 7 of the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may give their consent to the processing of their personal data in a lawful manner by Daring Light. In the case of a child under 14 years of age, the consent of the parents or guardians is required for the processing, and the processing is only lawful to the extent that the parents or guardians have given their consent.
Secrecy and security of personal data
Daring Light undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised communication of or access to such data.
The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in return, is fully encrypted or encoded.
However, because Daring Light cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a breach of security of personal data occurs that is likely to pose a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised disclosure of or access to such data.
Personal data shall be treated as confidential by the Controller, who undertakes to inform and to ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, partners, and any person to whom it makes the information accessible.
Rights deriving from the processing of personal data
The User has over Daring Light and may, therefore, exercise against the Data Controller the following rights recognised in the RGPD and the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights:
Right of access: this is the right of the User to obtain confirmation of whether or not Daring Light is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Daring Light has carried out or is carrying out, as well as, among others, the information available about the origin of said data and the recipients of the communications made or planned of the same.
Right of rectification: This is the right of the User to have his or her personal data that proves to be inaccurate or, taking into account the purposes of the processing, incomplete, modified.
Right of erasure (“the right to be forgotten”): This is the User’s right, unless otherwise provided for by law, to obtain the erasure of his or her personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data have been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to erasure, the Controller shall, taking into account the technology available and the cost of its implementation, take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for erasure of any link to those personal data.
Right to restriction of processing: This is the User’s right to restrict the processing of his or her personal data. The User has the right to obtain the restriction of processing where the User contests the accuracy of his or her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and where the User has objected to the processing.
Right to data portability: Where processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format and to transmit it to another controller. Where technically feasible, the Controller shall transmit the data directly to that other controller.
Right of opposition: This is the right of the User not to have his or her personal data processed or to cease the processing of such data by Daring Light.
Right not to be subject to a decision based solely on automated processing, including profiling: This is the right of the User not to be subject to an individualised decision based solely on automated processing of his or her personal data, including profiling, unless the legislation in force establishes otherwise.
Therefore, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference “RGPD-www.daringlight.com”, specifying:
Name, surname(s) of the User and a copy of the User’s National Identity Document. In cases where representation is permitted, it will also be necessary to identify the person representing the User by the same means, as well as the document accrediting the representation. The photocopy of the DNI may be substituted by any other legally valid means that accredits identity.
Request with the specific reasons for the request or information to which access is sought.
Address for notification purposes.
Date and signature of the applicant.
Any document that accredits the request being made.
This application and any other attached documents may be sent to the following address and/or e-mail address:
Postal address: Av. Castell de Montbui 48 B, 2-1. 08182 – Sant Feliu de Codines, Barcelona.
Links to third party websites
The Web Site may include hyperlinks or links that allow access to web pages of third parties other than Daring Light, and which therefore are not operated by Daring Light. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.
Complaints before the control authority
In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his/her personal data is being processed, he/she shall have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular, in the State in which he/she has his/her habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).
REVIEWS OF ITEMS PURCHASED
Once an order has been completed, the User will receive one (1) email, one (1) day after indicating the COMPLETED status on their order. This COMPLETED status is reached when Daring Light receives the notification that the User’s order has been delivered. This email will be sent from CUSREV, Customer Reviews Ltd on behalf of Daring Light.
In it the User will be invited to make an evaluation of the purchased articles, without any commitment.
Subsequently, if the User has decided to create a review of the article purchased, he/she will receive a discount coupon for a future purchase.
Likewise, the user will be able to unsubscribe from this e-mail, there being a section enabled for this purpose.
If you consider that your rights have not been duly addressed, you have the right to file a complaint with the Spanish Data Protection Agency www.aepd.es