Chocolates Simón Coll S.A. with registered office in Carrer Sant Pere, 37 Sant Sadurní d’Anoia (Spain) and with CIF A-08720781 is responsible for processing data files from users.
At Chocolates Simón Coll, we respect the right to privacy of our platforms’ users. Among our most important principles, we highlight the following:
- Protect your privacy and offer a tailored service.
- Personal data is collected with precise objectives based on the user’s consent or on a legitimate interest when the user interacts with us.
- The user has the right to be informed about their personal data and to access it anytime. They can also request to amend or delete the data.
- We do not sell your data to any third party.
- Simón Coll grants that we will adopt the appropriate measures to safeguard your data from the wrongdoing and keep them safe.
3. DATA PROTECTION POLICY
The following Data protection policy explains how and with what purpose we use the data we collect from you on our websites, offline programs, visits to our retail shops or our public events.
Chocolates Simón Coll respects the right to privacy of our users when visiting our website or any other digital platform, taking part on offline programs, visiting retail shops or public events related with the company or its brands. With that, the users share their personal data and accept the described on this Data protection policy. If the user does not agree with the Data protection policy, Chocolates Simón Coll would suggest not to use our websites or share personal data.
Chocolates Simón Coll reserves the right to introduce changes in this Data protection policy at any time. For that reason, we would encourage the user to check it regularly. The changes will apply when published on this site. We will notify the user of any substantial change reasonably in advance.
Chocolates Simón Coll will only collect, use or divulge the user’s personal information when is fair and lawful to do so. Most of the times, we will explicitly ask for the user’s consent. In some occasions, we will infer the user’s consent from their acts and behaviours. Also, we will process the data for legal purposes or taking our legitim interests as a basis.
5. DATA COLLECTION
5.1. Personal Data
This Data protection policy applies to data that Chocolates Simón Coll collects from people or entities from different sources (i.e. websites, online shops, social networks, events or services with users participation) and, in 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 data when the user requests information, purchases products, gets registered for a competition or uses a company’s application. When the users share that information, they will be informed about what data is mandatory and what data can be shared voluntarily. We highlight here the following types of personal data:
- Contact information.
- Information needed to initiate an account session or to fill a survey of any kind.
- Billing information.
- User-generated content.
- Employment information.
Automatically shared with user interaction on the website
The data collection also happens on third-party social network websites (such as the “Like” functionality on Facebook and Instagram or the “Follow” functionality on Twitter) through social plugins. The goal of that data collection and the handling and additional usage of it by those third-party providers on their sites, and also the rights and options to change them in order to protect their privacy can be checked on the Data protection policy references of the already mentioned providers. If the users do not wish the data collected at those third-party social network websites to be shared through Chocolates Simón Coll website to the user account on those social networks, the users should close their session on the social network previous to visiting the site.
Collected from other sources
Chocolates Simón Coll collects information from other sources such as:
- Promotional partners and other companies (subject to their policies on privacy protection and current legislation).
- Payment processors in order to protect our customers against possible fraud.
- Third-party data aggregator/collector.
5.2. Children Personal Data
Chocolates Simón Coll website has been designed for adult use. However, there is a chance our content can be enjoyed by a younger public. In that case, we will ask for the consent of the parent or legal guardian before we collect any kind of personal information, if the user is underage. If we notice we have personal data from children, that data will be deleted from our database. The parents or legal guardians of the child can get in touch and request the deletion of the data or the cancellation of the register. For that reason, Chocolates Simón Coll has the right to request a copy of a document that proves that parental/legal relationship.
Chocolates Simón Coll collects and uses personal data for a diversity of purposes, which you can find below. The user can object to each of the data processing at any time.
- In order to allow the creation of a user account and have access to it [“execution of contractual and pre-contractual measures as a legal basis (according to Article 6, letter b from the GDPR – General Data Protection Regulation –)”].
- Process and send orders and purchases [“execution of contractual and pre-contractual measures as a legal basis (according to Article 6, letter b from the GDPR – General Data Protection Regulation –)”].
- Develop consumers implication and deliver a tailored service, which includes:
- Send information requested by the user [“consent as a legal basis (according to Article 6, paragraph 1, letter a from the GDPR – General Data Protection Regulation –)”].
- Get in touch with the user in order to answer questions, complains or comments sent through email, letter or third-party apps (social networks such as Instagram, Facebook or Twitter) previously communicated by the user [“execution of contractual and pre-contractual measures as a legal basis (according to Article 6, letter b from the GDPR – General Data Protection Regulation –)”].
- Achieve a more active implication from the user with the Chocolates Simón Coll products through user-generated content, for instance [“consent as a legal basis (according to Article 6, paragraph 1, letter a from the GDPR – General Data Protection Regulation –)”].
- Use of the data in competitions or promotions where the user has been registered. This includes:
- Manage competitions or promotions [“execution of contractual and pre-contractual measures as a legal basis (according to Article 6, letter b from the GDPR – General Data Protection Regulation –)”].
- Publish the winners’ contact details [“legitimate interest as a legal basis (according to Article 6, paragraph 1, letter f from the GDPR – General Data Protection Regulation –)”].
- Get in touch with the user for marketing purposes, which includes marketing and social functions with the frame of social networks [“consent as a legal basis (according to Article 6, paragraph 1, letter a from the GDPR – General Data Protection Regulation –)”], which includes:
- Send newsletters, if the user is subscribed to the service.
- Suggest products or services that Chocolates Simón Coll may think relevant to the user.
- Offer the chance of taking part in competitions or promotions.
- Improve the Chocolates Simón Coll website and/or combine with information received from others in order to help understand the user needs and offer a better service. In this section, we include the website and products customisation and the sharing of ads based on their interests [“consent as a legal basis (according to Article 6, paragraph 1, letter a from the GDPR – General Data Protection Regulation –)”]. Which includes:
- Study the website usage using data such as information of the log-in to the user account, the usage of the computer and/or the previous usage of other websites.
- Study of our website’s usage through tracking tools. For more information, the user can check the Chocolates Simón Coll Cookies Policy.
- Improve our products and services using demographic information, consumer profile making and feedback collection (comments/reactions) from the consumers.
- Customise the user experience on the site taking as a basis a targeted advertisement.
- Process your employment application to get a job position and also determine if the user can be fit for other open positions in the company [“compliance of a legal obligation as a legal basis (according to Article 6, paragraph 1, letter a from the GDPR – General Data Protection Regulation –)”].
- Manage topics of internal governance, security and specific cases treatment [“legitimate interest as a legal basis(according to Article 6, paragraph 1, letter f from the GDPR – General Data Protection Regulation –)”] which includes:
- Ensure the daily functioning, maintenance, and security of the Chocolates Simón Coll website.
- Carry demographic studies or audits.
- Get in touch with the user for consumption investigation purposes.
- Manage risks, conflicts, and registers.
- Comply with the legal and regulatory requirements.
Chocolates Simón Coll does not share user personal information with any third-party willing to use it for direct marketing purposes unless the user has given specific consent for it.
The user personal data is revealed to the following types of recipients:
- Commercial partners, such as suppliers, if the user needs to get any kind of information from this third-party, for instance, the location of shops with Simón Coll products in a given country. If there is a request for deleting the personal data from the webs, Chocolates Simón Coll will do so, unless they don’t have to keep them legally. However, the user needs to keep in mind that their data may still exist on the partners’ database if the data was shared before the deletion request.
- Service suppliers that need to supply the service on Chocolates Simón Coll behalf. Advertisement, Media and Marketing agencies that make and analyse Simón Coll’s campaigns, postal services and logistic companies that deliver a product ordered by the user, recruitment agency and hosting or security providers, and, finally, website analytics suppliers.
- Authorities, for legal reasons, and potential buyers, in order to make a specific transaction. This includes governmental or police authorities asking Chocolates Simón Coll to share the information according to the current legislation.
We will now share more information for data policy in the United States:
A few third-party service providers have their residency in the U.S. Chocolates Simón Coll would like to inform the users living in Switzerland/European Economic Area (EEA) that in the U.S. there are tracking measures adopted by the U.S. authorities which allow for the personal data transferred from Switzerland/EEA to the States to be stored. That happens with no differentiation, limits or exception on the basis of the goal aimed and with no objective criteria that could limit the access to the data by the U.S. authorities and its subsequent use for very concrete and strictly limited purposes that could justify an intervention on the access or its subsequent usage. We would also want to point out that there is no such thing as a repair legal action in the U.S. for the people in Switzerland/EEA affected by this that would mean getting access to their data and changing or deleting it. There is no effective legal protection either against the general rights of the U.S. authorities to have access to the data. We would encourage the customers affected to be aware of this legal situation and be properly informed when giving their consent for the use of their data.
For the users living in the EU, we would like you to take into account that from the EU’s point of view, the U.S. doesn’t have data protection enough, inter alia (among other things), for the problems already mentioned in this section. Having said that and taking into account, as explained on the Data protection policy, that the recipients or receptors of data (such as Google, Facebook and Twitter) are based in the U.S., we will grant, being through a contract or through a certificate from those companies under the Privacy Protection Seal UE/U.S., that the level of data protection from our partners is appropriate.
If we propose social plugins or if you link your account with third-party platform accounts, such as Facebook, we will be able to gather and process the data related to those accounts. If you link with Facebook, your Facebook ID will be stored, also your name, email, location, list of friends and profile picture and it will be used in order to connect to your Facebook account in a way that allows for a certain functionality on the sites. The use of your information by third-party platforms is determined by their Privacy protection policy and their own service adjustments. For more information, we would encourage you to check the Data protection policy in each of those social networks.
The rights you enjoy for the personal data processing in relation with Chocolates Simón Coll are:
8.1. Access right
The user will be entitled to get confirmation from Chocolates Simón Coll on whether their personal data is being processed, and also to the following information: processing aim; data categories; recipients or recipient categories to whom the data will be communicated, if possible, the time estimate for the data to be kept or, if not possible, the criteria used to determine that time. In these cases, Chocolates Simón Coll will share a copy of the personal data being processed. Furthermore, if the request comes through electronic ways, the information will be shared in a commonly used electronic format. The user will be able to use this right every 6 months, unless there is a just cause to do the request more often within the 6 months. When baseless or excessive requests, especially repetitive, Chocolates Simón Coll will be entitled to charge for the admin costs resulting from the request, which will be in line with the true cost of the request. Chocolates Simón Coll will inform the user about the results of the request within a month (or 2 months if the request is especially complex, this time extension will be notified within the first month). If Chocolates Simón Coll decides to disregard a request, you will be informed and given the reasons for the disregard within a month’s time from the date of the request.
8.2. Correction right
The user has the right to get a correction from Chocolates Simón Coll of the inaccurate data related to them. In addition, taking into account the aim of the data processing, the user will have the right to complete the incomplete data, including through an additional statement. For that reason, the user will have to specify on the request what data they are referring to and the adjustment that needs implementing; an also send along documentation that proves the inaccuracy or incompletion of the data.
8.3. Removal right
The user will have the right to remove their personal data by Chocolates Simón Coll in the following circumstances: data is not needed with the objectives under which were collected or processed; the user withdraws the consent and the processing has no other legal basis; the user objects to the processing and other legitimate motives don’t prevail; that the data has been processed illegally.
When the elimination is derived through the exercise of the right to oppose direct marketing, Chocolates Simón Coll will be entitled to keep the user’s identifying data in order to prevent future direct marketing processing of the data.
When Chocolates Simón Coll have already published the personal data and then is forced to delete it, taking into account the available technology and its application cost, will adopt all reasonable measures, including technical measures, in order to inform the responsible ones for the data being processed about the request for removal of any link to that personal data or any copy of it.
All of the above will not apply: for exercising the right of freedom of speech and information; for the compliance of a legal obligation that requires the processing of the data, or for the compliance of a public interest mission or the exercise of the public power conferred to the responsible; with scientific or historical investigation or statistical purposes, as long as the removal right would make impossible or would obstruct severely the success on those purposes; for the wording and exercising or the defence of a complain.
8.4. Right to limit the processing
The user will have the right to get from Chocolates Simón Coll a limitation for the data processing when any of the following situations takes place:
- When the user has disputed the accuracy of the personal data, for the duration of a certain time enough for Chocolates Simón Coll to verify the accuracy of the data;
- Under the assumption that the user reckons that the processing of the data is illegal and Chocolates Simón Coll has said no to the removal of the personal data and asked for a limitation of its use instead;
- If Chocolates Simón Coll does not need the personal data anymore for the processing purposes, but the user needs it for the wording, exercising or the defence of a complain;
- Under the assumption that the user objects to the processing, while it’s verified whether the legitimate motives of Simón Coll prevail upon the user’s.
When the user has been granted the limitation of the data processing as explained in this section, Chocolate Simón Coll will inform them before this limitation is no longer in place.
Chocolates Simón Coll will inform of any change or deletion of personal data or limitation to the processing of it to each of the recipients to whom Simón Coll has shared the data with, except if it’s impossible or would require a disproportionate effort. Chocolates Simón Coll will inform the user about the recipients if the user requests it.
8.5. Right to data portability
The user will have the right to obtain their personal data from Chocolates Simón Coll in a structured format, commonly used and machine-readable, and to share them with another processing responsible with no objection from Chocolates Simón Coll, when the processing is based on the consent and it’s done through automated methods.
In exercising the right to data portability, the user will have the right for the personal data to be shared directly from one responsible to the other when technically feasible. The exercise of this right will be understood with no detriment of the removal right.
This portability right will not apply to the processing needed for the accomplishment of a public interest mission or in the exercise of the public power conferred to Chocolates Simón Coll.
The right to portability does not apply to data gathered by Chocolates Simón Coll through the services provided.
8.6. Right to object
The user will have the right to object to the processing of their data at any time, including profiling.
When the user exercises this right, Chocolates Simón Coll will stop processing their personal data, unless credits legitimate purposes for the processing to prevail upon the interest, rights and freedom of the user, or for the wording, the exercising or the defence of a complain.
When personal data processing has the purpose of direct marketing (kind of advertisement using one or more ways to communicate directly with the target and obtaining measurable answers), the user will have the right to object at any time of the processing, including the profiling as long as it’s related to the already mentioned direct marketing. When the user objects to the processing for direct marketing, the data will stop being processed for that purpose.
8.7. Right related to the individualised automatic decisions
In relation to the individualised automatic decisions, including profiling, the user will have the right not to be the subject of a decision based only in automatic processing, including profiling, unless it’s necessary for a contract between the user and Chocolates Simón Coll; it’s authorised by law and established suitable measures in order to protect the rights and freedom and their interests, or in case it’s based on explicit consent.
When it’s needed for a contract and/or it’s based on the consent, Chocolates Simón Coll will adopt the suitable measures to preserve the rights, freedom and their legitimate interests, allowing the user, at least, the right to get human intervention from Chocolates Simón Coll, and also the right to express their opinion and dispute the decision.
In addition, we let the user know that they can address the Data Protection Spanish Agency in order to obtain additional information about their rights. We also inform the user that, in the event of having given consent for a specific purpose, the user has the right to withdraw that consent at any time, with that not affecting the legality of the processing based on the previously given consent, now withdrawn. At the same time, we would like to inform that the user can place a complaint before the Data Protection authorities, especially if the user is not satisfied with the exercise of their rights.