PRIVACY POLICY

The privacy policy of PEDRO GARCÍA, S.L. (hereinafter, “PEDRO GARCÍA”) was created for the member users to trust that their information is treated with the utmost confidentiality. This policy can be easily consulted on our website and on the enabled links in the different enabled forms (for example, the registration form).

In this section PEDRO GARCÍA states the corporate Privacy and Data Protection Policy regarding the personal data which the user may provide when accessing our Online Store. Our aim is to protect the online information the same way it is protected in the other media.

PEDRO GARCÍA’s Privacy Policy is governed by the terms of the legislation in force regarding protection of personal data: General Data Protection Regulation (GDPR) of 26 May 2016, Regulation (UE) 2016/679 of the European Parliament and 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, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR). And Organic Law 15/1999 of December 13th on Protection of Personal Data (Ley Orgánica de Protección de Datos de Carácter Personal, LOPD), always if it does not oppose the European Regulation.

In this regard, PEDRO GARCÍA submits to the jurisdiction of the State control body, the Spanish Data Protection Agency (Agencia Española de Protección de Datos), concerning the thereof enforceable legislation.

USE AND HANDLING OF PERSONAL DATA

The data provided by you will be incorporated into a file belonging to PEDRO GARCÍA [which is legally registered with the General Registry of the Spanish Data Protection Agency (Registro General de la Agencia Española de Protección de Datos)] in order to manage your member user relationship, customer profile and the purchases made on PEDRO GARCÍA’s Online Store, if applicable. The user agrees to abide by all the obligations derived from the General Terms and the present Privacy Policy.

Furthermore, should the user make a purchase on the online store, only data that is absolutely needed will be rendered to the Public Administration responsible for fiscal and tax subjects.

PEDRO GARCÍA does not sell, rent or reveal names, addresses, emails or any other personal information from our customers to third parties.

However, third parties may be hired for web maintenance, database management or emailing. Third parties are not authorized to use the above mentioned data for any other purposes.

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

WHAT KIND OF PERSONAL DATA DO WE NEED?

When you contact our website and fill in the enabled form, you transfer your personal data to us, more specifically your name, address, landline phone and mobile phone, which is necessary for the correct management of online purchases.

The personal data provided must be truthful, complete, exact and updated, so you must notify any modifications in such data as soon as possible.

NEWSLETTER

Likewise, should the user have checked the box in the registry form consenting his/her subscription to the newsletter and to the usage of his/her personal data for the purpose of advertising and marketing of PEDRO GARCÍA’s online store services and products, then his/her personal data will be used for the above mentioned purposes (via any means of communication, including the user’s email address). On the contrary, should the user decide not to authorize the handling of his/her data for the purpose of advertising and marketing of the online store services and products and of third collaborating companies or export partners, or decide not to authorize the reception of the newsletter, then the user should not check the pertaining box in the registry form. From then on, the user will become part of our internal Robinson list, which prevents him/her from receiving advertising and marketing communications and our corporate newsletter.

If you wish to exercise your access, rectification, cancellation and opposition rights acknowledged by the existing legal provisions regarding personal data protection, you can send a formal notice to: PEDRO GARCÍA STORES, SL, C/ Jorge Juan 12, callejón, local C, 28001 Madrid, España or send an email to customerservice@pedrogarcia.com mentioning the GDPR reference and providing ID proof in both cases.

In accordance with Law of Services from the Information and E-commerce Society 34/2002 (Ley de Servicios de la Sociedad de la Información y de comercio electrónico), PEDRO GARCÍA agrees not to send advertising information or offers by email or by any other equivalent electronic media without identifying them as commercial information and without the receiver’s request or authorization.

Messages

Should the user have checked the box in the registry form consenting his/her subscription to receive informational (e.g., order updates) and/or marketing texts and/or messages (e.g., cart reminders) from PEDRO GARCÍA’s online store services and products, then his/her personal data will be used for the above-mentioned purposes. On the contrary, should the user decide not to authorize the handling of his/her data for the purpose of advertising and marketing of the online store services and products and of third collaborating companies or export partners, or decide not to authorize the reception of marketing texts and messages, then the user should not check the pertaining box in the registry form. From then on, the user will become part of our internal Robinson list, which prevents him/her from receiving advertising and marketing communications
via SMS.

If you wish to exercise your access, rectification, cancellation and opposition rights acknowledged by the existing legal provisions regarding personal data
protection, you can send a formal notice to: PEDRO GARCÍA STORES, SL, C/ Jorge Juan 12, callejón, local C, 28001 Madrid, España or send an email to customerservice@pedrogarcia.com mentioning the GDPR reference and providing ID proof in both cases.

By consenting to Pedro Garcia USA, inc’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Pedro Garcia USA, inc through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Pedro Garcia USA, inc. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to (240) 817-1901 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Pedro Garcia USA, inc mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to (240) 817-1901 or email customerservice@pedrogarcia.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

DURATION OF DATA HANDLING

– The data to manage the member user relationship and invoicing will be kept during the whole time that the commercial relationship is ongoing. Once the relationship is finished, if applicable, the data may be kept during the time that the legislation requires.

– The data to send advertising information of our products will be kept indefinitely until you express your will to eliminate it, if applicable.

COMMUNICATION OF YOUR PERSONAL DATA

Your data will be comunicated to the following entities:

– Financial entities through which the management of payments and charges is coordinated.

– Competent Public Administrations in the cases prescribed by law and defined in it.

– IT service providers, even cloud computing ones.

For the purpose of sending newsletters and news bulletins, we may use the Klaviyo tool is based in Boston, Massachusetts, USA. In this case, this is not transfer of data, because the data will only be used by this platform solely and exclusively to send the bulletins. Furthermore, this company supports the Privacy Shield protocol which allows international data transfers between the EU and the USA.

YOUR RIGHTS

Every individual who provides us with his/her personal data has the following rights:

– Any individual has the right to obtain a confirmation whether we are using personal data that concerns them or not. The individuals concerned have the right to access their personal data, as well as request a rectification of the inaccurate data or, if applicable, request its removal when, among other reasons, the data is no longer necessary for the purposes for which it was collected.

– In the terms established in the General Data Protection Regulation, the individuals concerned may request the limitation of the handling of their data or portability, in which case we will only keep it for the exercise or defense of claims.

– In certain circumstances and due to reasons related to their particular situation, the individuals concerned may oppose to the handling of their data. If you have granted your consent for any specific purpose, you have the right to withdraw it at any time, without affecting the legality of the handling based on the consent prior to the withdrawal. In these cases, we will stop handling the data or, if applicable, we will stop doing so for that specific purpose, except for compelling legitimate reasons, or the exercise or defense of claims.

– All the mentioned rights may be exercised through the means of contact included in this Privacy Policy.

– In the case of any vulneration of your rights, especially when your exercise has not been fulfilled, you may file a claim in The Spanish Data Protection Agency (Agencia Española de Protección de Datos) or any other competent supervisory authority. You may also obtain more information about your rights by addressing to the aformentioned institutions.

In any case, in order to exercise the aforementioned rights, we have enabled the following email address: customerservice@pedrogarcia.com.

INTELLECTUAL PROPERTY

All website contents (included, but not limited to, databases, images, pictures, drawings, charts, text files, documents, software, as well as logos, brands, trade names and other distinguishing marks) are property of PEDRO GARCÍA or property of the content providers. The content of the providers has been licensed or assigned by the providers and is protected by the national and international Intellectual Property laws.

Compilation, design, sorting and editing of all web content is exclusive property of PEDRO GARCÍA and it is protected by the national and international laws for intellectual and industrial property.

Brands, labels, distinguishing marks or logos of the website are property of PEDRO GARCÍA and have been duly registered.

Texts, data and graphic designs are property of PEDRO GARCÍA or of the entities supplying information, and may not be subsequently modified, copied, transformed, altered, reproduced, adapted or translated by third parties, without express authorization of the owner of said content. Making texts, data and graphic designs available does not, under any circumstances, imply cession of its ownership or granting of rights of exploitation, reproduction, dissemination, transformation, distribution or transmission in your favor, other than the right of use entailed by the legitimate use of http://www.pedrogarcia.com.

This website and all its content, including the texts, documents, pictures, drawings, graphic charts, databases, software as well as logos, brands, trade names other distinguishing marks are property of PEDRO GARCÍA or property of third parties who have authorized the use of the same.

LINKS TO OTHER WEBSITES

The website contains links to other third-party sites, such as other companies or partner companies that may be of your interest. Although PEDRO GARCÍA tries to ensure that other third-party websites comply with the suitable security standards, compliance with the enforceable regulations GDPR and LSSICE cannot be guaranteed on third-party websites. We recommend that you check the privacy policy of all companies or institutions before you submit your personal information.

PEDRO GARCÍA assumes no liability whatsoever, either indirectly or secondarily for injury and damage of all kind, which may arise from the access, maintenance, use, quality, legality, reliability and usefulness of the contents, information, communications, opinions, statements, existing products and services or those offered in the websites, which are not managed by PEDRO GARCÍA and which may be accessed by means of the website. However, PEDRO GARCÍA falls within Article 17 of Spanish Services for Information Society and Electronic Commerce Act 34/2002 of July 11th, (Ley de Servicios de la Sociedad de la Información y Comercio Electrónico, LSSICE), given that PEDRO GARCÍA is not aware that the information or activity to which users are directed from said links is unlawful or may injure goods or rights of a third party that lend themselves to indemnity.

Inclusion of hyperlinks in http://www.pedrogarcia.com does not necessarily imply that PEDRO GARCÍA maintains trade relations or associative links with the owner of the website on which the link is established. It serves merely informational purposes, hence that PEDRO GARCÍA is not responsible nor grants guarantees of any nature, neither expressly nor implicitly regarding the tradability, suitability, quality, characteristics, origin, commercialization or any other aspect of the information and/or products. PEDRO GARCÍA is not responsible for the misuse of the website’s content, being the sole responsibility of the person that accesses or uses them.

MINORS

PEDRO GARCÍA is aware of the importance of protecting minors on the Internet. The present website is not intended for children under the age of 18. We will not knowingly collect or treat personal data information via this site from visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose to Websites. Minors, with the exception of those that have been declared above age [Article 314 of the Spanish Civil Code (Código Civil)], cannot enter a sales contract. In the event the sales contract is entered into, it will be declared void.

aplicable law

The parties subject themselves to the applicable Spanish and Community legislation on data protection, e-commerce and intellectual property and, especially, to the General Data Protection Regulation (GDPR). Any other litigious matter that may result from the registration or purchase on the Online Store will be submitted to the jurisdiction of the Courts and Tribunal of Madrid /of the user’s address.

comments, doubts or queries

PEDRO GARCÍA undertakes to settle any claim regarding its Privacy Policy. Should you have any doubts or comments about our data privacy policy, please send us an email to customerservice@pedrogarcia.com.

PEDRO GARCÍA reserves the right to modify its Privacy Policy as it may see fit, or to reflect any change in the practices, legislative or case-law, of the Spanish Data Protection Agency (Agencia Española de Protección de Datos). Any change in the Privacy Policy will be communicated by other media, such us corporate emailing to user members, newsletters and by publishing a notice on our Online Store’s homepage.

This privacy policy has been modified and updated on 24th May 2018 in order to adapt to the new requirements of the General Data Protection Regulation (GDPR).