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Data protection

Data protection

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons about the processing of personal data and on the free movement of such data (General Data Protection Regulation - GDPR), Law 34/2002 of 11 July, on information society services and electronic commerce.
Chocolates Simón Coll S.A. with registered office at Calle Sant Pere, 37, Sant Sadurní d'Anoia (Spain) and holder of Tax ID No. A-08720781 will be responsible for the processing of user data.

1) Principles

At Chocolates Simón Coll we respect the right to privacy of the users of our platforms. Among our most important principles, we highlight the following:

  • Protect your privacy and your data as diligently as possible, and offer a tailored service.

  • Personal data is collected for specific purposes based on the user's consent.

  • We do not sell your personal data to anyone.

2) Privacy policy

This Data Protection Policy explains how and for what purposes we use information about you collected through our websites, our offline programs, your visits to our retail stores, or our festive events.

Chocolates Simón Coll respects the right to privacy of its users when they visit its website or other digital platforms, participate in offline programs, or visit retail stores or festive events related to the company or its brands. With this act, the user provides personal data and accepts the practices described in this Data Protection Policy. If the user does not agree with this Data Protection Policy, Chocolates Simón Coll suggests that he/she refrains from using or visiting our website or providing personal data.

Chocolates Simón Coll reserves the right to introduce changes in this Data Protection Policy at any time, which is why we recommend the user review it regularly. The changes will take effect when they are published on this Website and we will notify you of any substantial change with reasonable notice.

3) Consent

Chocolates Simón Coll will only collect, use, or disclose the user's personal information when it is fair and lawful to do so. The processing and collection of data by Chocolates Simón Coll are based on the clear and unambiguous consent of the user, in accordance with Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data.

4) Data collection

4.1 Personal Data

This Data Protection Policy applies to data that Chocolates Simón Coll collects from individuals or entities through various sources (e.g., websites, online stores, social media pages, events or consumer engagement services) and, on some occasions, through third parties. The company collects the following personal data:

Shared by the user with Chocolates Simón Coll directly:

Chocolates Simón Coll collects personal data when the user requests information, purchases products, registers for a contest or uses a company application. When the user is providing this information, he/she will be informed of what data is mandatory and what type of data can be provided by the user on a completely voluntary basis. We highlight the following types of personal data:

  • Contact information.

  • Information for account login or to fill out a survey.

  • Payment information.

  • User-generated content.

  • Employment information.

Automatically shared when interacting with our website

Chocolates Simón Coll uses cookies and other tracking technologies that collect certain kinds of information when the user interacts with Chocolates Simón Coll websites. We highlight IP addresses, web browsing preferences, the pages the user has visited, and the browsing experience, such as the time of the visit. For more information, you can consult our Cookies Policy.

Data collection also takes place on third-party social networking websites (such as the "Like" function on Facebook and Instagram or the "Follow" function on Twitter) through social plugins. The purpose of data collection and the further processing and use of data by the providers on their pages, as well as the rights and setting options for the protection of your privacy, can be found in the data protection references of the respective providers. If the user does not want the websites of such third party social networks to distribute data collected through the Chocolates Simón Coll website to the user's account on a such social network, the user must log out of the social network website before visiting the Website.

Collected from other sources

Chocolates Simón Coll collects information from other sources, as well as:

  • Promotional partners and other companies (subject to their policies on privacy protection and current legislation).

  • Payment processors to protect all our customers against possible fraud.

  • Third-party data aggregators/collectors.

4.2 Personal Data of Children

The Chocolates Simón Coll Web is designed and intended for use by adults. However, it is possible that our content may be targeted at a younger audience. In this case, we will ask for the consent of a parent or guardian before collecting any personal information when the person in question is a minor. If we become aware that the personal data of children has been transmitted to you, such data will be deleted from our database. The parents or legal guardians of the child may contact us and request the deletion of the data or the cancellation of the registration. To this end, Chocolates Simón Coll may request a copy of a document verifying such parental/guardian relationship.

5) Purpose

Chocolates Simón Coll collects and uses personal data for various purposes, which are listed below. The user can object to each of these data processing at any time.

To allow to create a user account and have access to it ["execution of contractual or pre-contractual measures as a legal basis (in accordance with Article 6, paragraph 1, letter b of the RGPD - General Data Protection Regulation -)"].

Process and ship your orders and purchases ["execution of contractual or pre-contractual measures as a legal basis (in accordance with Article 6, paragraph 1, letter b of the GDPR - General Data Protection Regulation -)"]

To develop consumer involvement and provide them with a tailored consumer service, which includes:

  • Sending information that the user has requested ["consent as a legal basis (in accordance with Article 6, paragraph 1, letter an of the GDPR - General Data Protection Regulation -)"].

  • Contact the user to resolve questions, complaints, or comments via email, letter, telephone, or third-party applications (social networks, as well as Instagram, Facebook, or Twitter) that the user has previously communicated ["execution of contractual or pre-contractual measures as a legal basis (in accordance with Article 6, paragraph 1, letter b of the GDPR - General Data Protection Regulation -)"].

  • Getting the user to engage more actively with Chocolates Simón Coll products through the publication of content by the user, for example ["consent as a legal basis (in accordance with Article 6, paragraph 1, letter an of the GDPR - General Data Protection Regulation -)"].
    Use the data in contests or promotions in which the user has entered. This includes:

  • Administering contests or promotions ["execution of contractual or pre-contractual measures as a legal basis (in accordance with Article 6, paragraph 1, letter b of the GDPR - General Data Protection Regulation -)"].

  • Publish the winners' contact details ["legitimate interest as a legal basis (in accordance with Article 6, paragraph 1, letter f of the GDPR - General Data Protection Regulation -)"].

Contacting the user for purposes linked to marketing, including marketing and social functions in the framework of social networks ["consent as a lawful basis (in accordance with Article 6, paragraph 1, letter a of the GDPR - General Data Protection Regulation -)"], which includes:

  • Sending newsletters (newsletters), if the user is subscribed to such service.

  • Suggest products or services that Chocolates Simón Coll considers to be of interest to him/her.

  • Offer the opportunity to take part in competitions or promotions.

Improve the Chocolates Simón Coll website and/or combine it with information we receive from others to help us understand your needs and provide you with a better service. This section includes customizing websites and products for the user and sending advertising based on their interests ["consent as a legal basis (in accordance with Article 6, paragraph 1, letter an of the GDPR - General Data Protection Regulation -)"]. This includes:

  • Evaluating the use of the Website using data such as information about account logins, computer usage and/or previous use of other websites.

  • Evaluating the use of our website with tracking tools. For more information, the user can consult the Cookies Policy (hyperlink to the cookies policy) of Chocolates Simón Coll.

  • Improve our products and services using demographic information, consumer profiling and collecting feedback (comments/reactions) from consumers.

  • Analyze the effectiveness of our advertising and promotions, using cookies.

  • Personalize the user experience on the website based on targeted advertising.

    To process your job application in order to get a job and possibly to determine whether the user is suitable for other positions available in our company ["fulfillment of a legal obligation as a legal basis (in accordance with Article 6, paragraph 1, letter an of the GDPR - General Data Protection Regulation -)"].

    Manage issues of internal governance, security, and processing of specific cases ["legitimate interest as a legal basis (in accordance with Article 6, paragraph 1, letter f of the GDPR - General Data Protection Regulation -)"] which include:

  • Ensuring the daily operation, maintenance, and security of the Chocolates Simón Coll website.

  • Conduct demographic studies or audits.

  • Contacting the user for purposes related to consumer research.

  • Manage risks, disputes, and records.

  • Comply with legal and regulatory requirements.

6) Recipients

Chocolates Simón Coll does not share the user's personal information with any third party that intends to use it for direct marketing purposes unless the user himself has given specific consent in this regard.

User’s personal information is disclosed to the following categories of recipients:

  • Business partners, such as distributors, if the user needs to know any information coming from this third party, such as the location of stores with Simon Coll products in certain countries. If a request arises to delete the user's personal data on the Webs, Chocolates Simón Coll will proceed to do so, as long as it is not legally obliged to keep them. However, the user must consider that their personal data may still be available in the partner's own databases if they were transmitted before Chocolates Simón Coll received the request.

  • Service providers to provide services on behalf of Chocolates Simón Coll. These include advertising, media and marketing agencies that carry out and analyze campaigns carried out by Chocolates Simón Coll, postal and logistics companies that deliver a product that the user has ordered, recruitment agencies and IT hosting or security providers and, finally, providers of web analytics tools.

  • Authorities, for legal reasons, and potential buyers, to carry out a specific transaction. This includes governmental or police authorities that request that Chocolates Simón Coll discloses information in accordance with current legislation.

Below, we provide more information about data processing in the United States:

Several third-party service providers have their residence in the U.S. Chocolates Simón Coll would like to clarify to users residing or based in Switzerland/European Economic Area (EEA) that in the U.S. there are tracking measures adopted by the U.S. authorities that generally allow the storage of all personal data to all those individuals whose data has been transferred from Switzerland/EEA to the U.S. This occurs without differentiation, limitation, or exception based on the intended purpose and without an objective criterion that makes it possible to limit access to the data. This occurs without differentiation, limitation, or exception based on the objective pursued and without an objective criterion that would make it possible to limit access to the data by the US authorities and its subsequent use to very specific and strictly limited purposes that could justify intervention in relation to both access to and use of this data. We would also like to point out that there are no legal remedies in the USA for affected persons from Switzerland/EEA that would make it possible to receive access to data relating to them and have it corrected or deleted, nor is there any effective legal protection against general access rights by the US authorities. We explicitly refer the data subjects to ascertain this legal and factual situation so that they can make an informed decision as to whether to consent to the use of their data.

For users residing in EU Member States, please note that, from the point of view of the European Union, the USA does not have sufficient levels of data protection due, inter alia (among other things), to the problems mentioned in this paragraph. To the extent that, as we have explained in this Data Protection Policy, recipients, or recipients of data (such as Google, Facebook, and Twitter) are located in the USA, we will ensure, either on a contractual basis or by ensuring the certification of these companies under the EU/US Privacy Shield, that the level of protection of your data by our partners is appropriate.

If we propose social plugins or if you connect your Account with accounts on third-party platforms such as Facebook, we may collect and process account-related information. If you connect with Facebook, your Facebook identity, as well as your name, email address, location, friends list, and profile picture/photo, will be stored and used to connect with your Facebook account in such a way that a certain function can be offered on the Websites. The use by third-party platforms of information collected from you (or as authorized by you) is governed by their own privacy notice and their settings on the service. For more information, please check the data protection policy of the respective social network.

7) Rights

The rights you have for the processing of personal data in relation to Chocolates Simón Coll are:

7.1. Right of access.

The user will have the right to obtain from Chocolates Simón Coll confirmation of whether or not personal data concerning him/her are being processed, and to the following information: the purposes of the processing; the categories of data being processed; the recipients or categories of recipients to whom they have been or will be communicated; if possible, the expected period of retention of personal data or, if not possible, the criteria used to determine this period. In these cases, Chocolates Simón Coll will provide you with a copy of the personal data being processed. In addition, when requested by electronic means, the information will be provided in a commonly used electronic format. The user may exercise this right every six months unless there is legitimate cause to request it more than once in that six-month period. In cases where manifestly unfounded or excessive requests are made, especially repetitive, Chocolates Simón Coll may charge a fee to compensate the administrative costs of meeting the request that will correspond to the actual cost of processing the request. Chocolates Simón Coll will inform you about the actions derived from your request within one month (which may be extended for two more months in the case of particularly complex requests, an extension that we will notify you of within the first month). If Chocolates Simón Coll decides not to attend a request, it will inform you about it and will motivate the refusal, within one month after the user submitted the request.

7.2. Right of rectification

The user shall have the right to obtain from Chocolates Simón Coll the rectification of inaccurate personal data concerning him/her. In addition, taking into account the purposes of the processing, he/she shall have the right to have incomplete personal data completed, including by means of an additional statement. For this purpose, you must indicate in your request to which data it refers and the correction is to be made; as well as accompany it, where necessary, with supporting documentation of the inaccuracy or incompleteness of the data undergoing processing.

7.3. Right of deletion

The user will have the right to obtain from Chocolates Simón Coll the deletion of personal data concerning him/her when one of the following circumstances apply: that they are not necessary in relation to the purposes for which they were collected or processed; that he/she withdraws consent and the processing is not based on another legal basis; that he/she opposes the processing and no other legitimate reasons for the processing prevail; that they have been processed unlawfully.

When the erasure derives from the exercise of the right to object for direct marketing purposes, Chocolates Simón Coll may retain your identifying data in order to prevent future processing for direct marketing purposes.

When Chocolates Simón Coll has made personal data public and is obliged to delete such data, taking into account the technology available and the cost of its implementation, it will take reasonable measures, including technical measures, with a view to informing the controllers who are processing the personal data of the request for deletion of any link to such personal data, or any other copy or replica thereof.

The foregoing shall not apply: for exercising the right to freedom of expression and information; for compliance with a legal obligation requiring the processing of data, or for the performance of a task carried out in the public interest or in the exercise of public powers vested in the controller; for scientific or historical research or statistical purposes, insofar as the right of erasure could make impossible or seriously hinder the achievement of such purposes; for the formulation and exercise or defense of claims.

7.4. Right to limitation of processing

The user will have the right to obtain from Chocolates Simón Coll the limitation of data processing when any of the following conditions are met:

  • When you have contested the accuracy of their personal data, during the period that allows Chocolates Simón Coll to verify the accuracy of the data;

  • In the event that you consider that the processing is unlawful, and Chocolates Simón Coll has opposed the deletion of the personal data and instead requests the limitation of its use;

  • That Chocolates Simón Coll no longer needs the personal data for the purposes of the processing, but the user needs them for the formulation, exercise, or defense of claims;

  • In the event that you have objected to the processing while verifying whether the legitimate reasons of Chocolates Simón Coll prevail over yours.

When the user has obtained the limitation of the treatment according to this paragraph, he/she will be informed by Chocolates Simón Coll before the lifting of such limitation.

Chocolates Simón Coll will communicate any rectification or deletion of personal data or limitation of processing to each of the recipients to whom the personal data has been communicated unless it is impossible or requires a disproportionate effort. Chocolates Simón Coll will inform the data subject about such recipients if requested.

7.5. Right to data portability

The user will have the right to obtain from Chocolates Simón Coll the personal data concerning him/her, which he/she has provided to Chocolates Simón Coll, in a structured, commonly used, and machine-readable format, and to transmit it to another data controller without being prevented by Chocolates Simón Coll, when the processing is based on consent and is carried out by automated means.

When exercising your right to data portability, you will have the right to have personal data transmitted directly from controller to controller when technically possible. The exercise of this right is without prejudice to the powers granted by the right of erasure.

This right to portability shall not apply to processing that is necessary for the performance of a task carried out in the public interest or in the exercise of public powers vested in Chocolates Simón Coll. The right to portability will not extend to data that Chocolates Simón Coll would have inferred from data derived directly from the use by Chocolates Simón Coll of the services provided.

7.6. Right to object

The user will have the right to object to the processing of data concerning him/her, at any time, including profiling.

In the event that the user exercises this right, Chocolates Simón Coll will stop processing their personal data, unless it proves compelling legitimate reasons for the treatment to prevail over the interests, rights, and freedoms of the user, or for the formulation, exercise, or defense of claims.

Where the purpose of the processing of personal data is direct marketing (a form of advertising that uses one or more media to communicate directly with a target audience and obtain a measurable response from them), the user shall have the right to object at any time to the processing of personal data concerning him/her, including profiling insofar as it is related to such marketing. When you object to the processing for direct marketing purposes, the personal data will no longer be processed for such purposes.

7.7. Right in relation to automated individualized decisions

In relation to automated individualized decisions, including profiling, the user shall have the right not to be subject to a decision based solely on automated processing, including profiling, unless it is necessary for the conclusion or performance of a contract between you and Chocolates Simón Coll; it is authorized by law and also provides for appropriate measures to safeguard the rights and freedoms and your interests, or if it is based on your explicit consent.

In cases where it is necessary for the conclusion or performance of a contract and/or is based on consent, Chocolates Simón Coll will take appropriate measures to safeguard your rights and freedoms and your legitimate interests, giving you -at least-, the right to obtain human intervention by Chocolates Simón Coll, as well as to express your point of view and to challenge the decision.

Additionally, we inform you that you can contact the Spanish Data Protection Agency to obtain additional information about your rights. We also inform you, in the event that consent has been granted for any specific purpose, that you have the right to withdraw consent at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal. We also inform you that you may file a complaint with the competent Data Protection Supervisory Authority, especially when you have not obtained satisfaction in the exercise of your rights.

8) Data preservation

The data will be kept for the necessary time in order to maintain the purpose of the processing. Once the data is no longer necessary for such purpose, the data will be suppressed by blocking it during the time frame established by law, putting technical and organizational measures in place to prevent the processing of the data including its visualization, and being only available to judges, courts, public prosecutor or public administrations, in order to respond to legal duties. Subsequently, after the suppression or blocking period, the data will be erased.

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