In compliance with the provisions of Act 34 enacted on July 11th 2002 regarding information society and electronic commerce services, we do hereby inform you that the website http://www.starckparfums.com/ (henceforth, the “website”) is managed by the company of Spanish nationality PERFUMES Y DISEÑO COMERCIAL SL (“PYD”) whose registered offices are situated at Isla de Java 33, 28034, Madrid, Spain, endowed with CIF (corporation tax no.) number B81061616, registered with the Registrar of Companies of Madrid in Volume 8986, Folio 60, Sheet number M-144571. To contact us you can send an e-mail to firstname.lastname@example.org, call to 91 6588820 or send a fax to 91 6588849.
ACCESS TO THE WEBSITE
The present conditions (“conditions”) regulate access to and use of the website and set out to provide the user with information about PYD and its products and they may be adapted and/or modified at any time (as well as any web content). If you do not accept said conditions, please refrain from using the website and its contents.
USAGE AND OPERATION OF THE WEBSITE
The user undertakes to make diligent usage of the website as well as of the information pertaining to the products contained therein, being wholly subject to the applicable regulations as well as to the present conditions.
In the same way, the user undertakes not to carry out any act with a view to damaging, disabling and/or overloading the website.
The user is informed that in the event that it breaches the present conditions or, where applicable, any other conditions set out at the website, PYD reserves the right to limit, suspend and/or terminate its access to the website, adopting any technical measure required to this end.
PYD does not guarantee availability and continuity as regards access to the website nor the absence of errors or continuous updates to its content.
Both access to the website as well as the use that may be made of any information it contains are carried out under the exclusive responsibility of the user.
PYD shall not be held liable for any damages and/or losses which may directly or indirectly derive from access to and/or use of the information contained at the website, in particular, any information pertaining to third parties other than PYD, including, but not being limited to, those caused to the computer systems or those brought about by the introduction of a virus and/or cyber-attacks.
The user shall be liable for any damages and losses that PYD may suffer as a consequence of the breach of any of the obligations to which it is subject under the present conditions and/or the applicable legislation with regard to usage of the website.
POLICY WITH REGARD TO LINKS
a) Links to other websites
PYD may include at the website different links which allow the user to access other websites (“linked sites”) but under no circumstances shall PYD be held liable for the content and/or conditions of the linked websites, with the user being the sole party liable for checking and accepting them each time it accesses and uses them.
Accordingly, PYD reserves the right to remove any comments which are:
(i) Repetitive, offensive, insulting, slanderous, violent, racist, sexist, of a vulgar or obscene nature or in which the someone else is impersonated and, generally speaking, those which damage the integrity of another human being.
(ii) Aimed at personal gain, breach industrial and/or intellectual property rights, image rights, the right to privacy or any act or regulation in force.
(iii) Which include private phone numbers and/or e-mail addresses without the prior consent of those parties concerned.
Any comments made at this website must be related with themes pertaining to the STARCK brand and its products, beauty and fashion.
Any negative comments made by users or comments which fail to respect the products of the STARCK brand shall not appear at the site.
RIGHTS AND OBLIGATIONS OF THE AUTHORS OF THE COMMENTS
Any website user who decides to make a comment is subject to intellectual property as the owner of said comment. Responsibility for the comments made at this website lies solely with the author of said comment. It is recalled that the authors of comments must have the appropriate rights and permits to all the contents included at the STARCK website.
Generally speaking, all the authors of comments must avoid making those comments indicated previously under points i, ii and iii.
PYD recommends not including any type of personal information in the comments (such as phone numbers, e-mails etc.) with a view to avoiding the ill-intentioned use by third parties of said information.
INDUSTRIAL AND INTELLECTUAL PROPERTY
All the industrial and/or intellectual property rights with regard to the designs, data bases, computer programmes (including source codes) as well as all the elements going to make up the website (including the texts, designs, photos, videos, sound recordings etc.) [henceforth, the “contents”] are owned by PYD and/or, where applicable, its licensors. With regard to the distinctive symbols included at the website (trademarks and trade names), they are owned by PYD and/or its licensors.
The use of the website by the user does not entail the assignment of any industrial and/or intellectual property right to the website and/or the contents.
Under the conditions, it is specifically forbidden for the user to carry out the reproduction, transformation, distribution, public communication, making available and/or any other form of diffusion which has not been specifically authorised of the website, its contents and/or distinctive symbols of PYD.
Any user who uploads photos to its social networks using the hashtag of the STARCK brand must be the owner of the photo and have all the rights, granting a license to PYD for the commercial use of said content and, to be precise, to replicate the content mentioned by Starck at the website of PYD in unlimited fashion.
APPLICABLE LEGISLATION AND JURISDICTION
Access and use of the website shall be subject to and interpreted in accordance with Spanish legislation.
Any dispute which may arise between PYD and the user of the website shall be resolved, with the parties specifically waiving their own venue, by the courts of Madrid (Spain).
Telephone: +34 91658 8820
1. USE, PURPOSE AND APPLICABLE LEGAL PROVISIONS
The Platform is a communication and support mechanism that PyD makes available to internet users to provide adequate, sufficient legal corporate information on its products, services and initiatives corresponding to its legitimate economic and business activities. Those activities are governed by Spanish law and, with regard to:
- The provision of information society services, essentially by the Information Society Services and E-Commerce Act no. 34/2002 of 11 July.
- Personal data processing, by the Spanish and European laws on personal data protection currently in place. In particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter the “GDPR”) is directly applicable, as indicated herein.
2. DATA SUBJECTS
Any users who wish to register and/or access any contents or services provided through the Platform, for example to participate in personnel selection procedures (to work with PyD), receive or subscribe to news and information on PyD, submit consultations or suggestions using the contact form provided for this purpose, etc. must specifically provide their personal data on the corresponding forms provided by PyD in each case, after reading and accepting the policies and legal conditions governing those specific services or contents. Otherwise, the user will not be allowed to use them.
The information and personal data provided by users wishing to register with the Platform or, in general, provided later by registered users, shall be:
- Sufficient, albeit brief, limited and proportionate to the legitimate purpose of processing informed by PyD, with the utmost respect for the principles of purpose limitation and data minimisation (Article 5(1)(b) and (c) GDPR).
- Accurate, up-to-date and true, so that the identity, capacity and, where appropriate, representation of the user can be checked and verified, and so that the processing can be adjusted in each case to the specific needs and real situation of the users. All this shall comply with the principle of data quality and accuracy (section 4 of the Spanish Data Processing Act -LOPD-; and Article 5(1)(d) GDPR).
Users are fully responsible for the correct use of their user accounts and the associated passwords. If a registered user believes that the security of their account and password may have been compromised, they shall promptly contact PyD through the contact details provided at the beginning of this Policy and report the situation or incident, so that PyD can take appropriate measures as soon as it is notified by the user. Users shall be liable for all damages deriving from inadequate use and personal management of their accounts and their passwords, releasing PyD from all liability.
3. DUTY TO PROVIDE INFORMATION
In pursuance of prevailing personal data protection laws and regulations, particularly Articles 12 to 14 GDPR, data subjects are advised as follows:
- The processor is PERFUMES Y DISEÑO COMERCIAL, S.L., with tax registration no. B-81061616, registered office at calle Isla de Java no. 33, Madrid and website: http://www.pyd.es/.
- The personal data provided by customers and/or users through the Platform will be processed to enable them to browse and have full access to and use of the information, contents and services provided in each case through that Platform, and/or to respond to any specific requests they may make.
- The legal basis for processing is principally the user’s consent, although when the user completes and sends the form to participate in any personnel selection procedures at PyD, the legal basis for processing may be to take steps at the request of the data subject prior to entering into the contract, pursuant to Article 6 GDPR.
- The personal data collected through the Platform may be disclosed to other companies in the same group as PyD (Tous Perfumes, S.A., Delpozo Moda, S.A., Perfumes y Diseño Holding, S.L. and Perfumes y Diseño Beauty Advisor, S.L) for internal administrative purposes, including processing of the personal data of users, customers or employees having a legitimate interest in the transfer of their personal data for these purposes within that business group. Outside these cases, the personal data of data subjects may not be transferred to any third party unless there is a legal obligation to do so.
- No international transfers of personal data are contemplated and the necessary safeguards are taken in this regard.
- Data subjects may exercise their rights of access, rectification, erasure, restriction of processing, data portability and opposition by sending an e-mail to email@example.com with the Ref. “Exercise of Rights”, attaching a copy of their national identity document or equivalent (passport, foreigner identification number (NIE), etc.). If they consider that their personal rights have not been duly respected, they may lodge a complaint with the competent supervisory authority, in this case the Spanish Data Protection Agency.
4. CONSENT OF THE DATA SUBJECT
PyD may refuse use of the Platform and the associated services, contents and functions if data subjects do not accept this Policy or do not agree to the processing of their personal data in accordance with the provisions hereof.
PyD has adopted and applies the security levels required by law to the personal data for which it is responsible, according to the corresponding security levels detected, and endeavours to install and/or apply additional technical or organisational means and measure of protection to reinforce the general security of personal data processing, systems, communications environment and corporate organisation. Nevertheless, users are advised that internet security measures are not by any means impregnable. For this reason, the company pays particular attention to the security measures and other security obligations established in the GDPR, especially Article 32 GDPR.
6. DUTY OF SECRECY AND CONFIDENTIALITY
PyD undertakes to comply with the duty of secrecy and confidentiality regarding the personal data and information provided by users of the Platform and under its control and responsibility, complying with all legal provisions applicable from time to time.
PyD reserves the right to modify this policy in order to adapt it to future applicable changes in law, doctrine or case law or for technical, operational, commercial, corporate or business reasons, giving prior, reasonable notice to users of the changes whenever possible. In any case, users are recommended to read this Policy carefully every time they access this Platform.
9. SOCIAL NETWORKS
We inform you that social networks also collect information about the contents that you share in them through their own cookies. PyD has no control over the activity of these social networks, but we inform you that all of them have their own privacy and cookies policies. As an example, below we attach the links to the legal documents of the social networks / platforms in which we facilitate you to share our contents, so that you can be properly informed:
Cookies policy: https://www.facebook.com/help/cookies/
Cookies policy: https://support.twitter.com/articles/20170514#
Cookies policy: https://www.facebook.com/policies/cookies/
Cookies policy: https://policy.pinterest.com/es/cookies
Cookies policy: https://vimeo.com/cookie_policy
1. Applicable legal provisions
Pursuant to section 22 of Act 34/2002 of 11 July on information society services and e-commerce, addressing the rights of the recipients of commercial communications sent by electronic means, service providers may only use data storage and recovery devices at the recipients’ terminal equipment when the recipients have been duly informed and given their consent.
For this purpose, these recipients and end users must be given full, clear information on their use and, in particular, the purposes of processing the data, pursuant to the Spanish Data Processing Act, Organic Law 15/1999 of 13 December and statutory instruments. Therefore, whenever this is technically possible and effective, the recipient’s consent to processing of their data may be given through the use of adequate parameters in the browser or other applications.
The foregoing will not preclude any possible technical access or storage for the sole purpose of sending a communication via an electronic communications network or, to the extent that this is strictly necessary, to provide an information society service expressly requested by the recipient.
2. User’s consent and cookies: general rule and exception
Only those cookies that exclusively permit communication between the user’s equipment and the network and strictly those used to provide a service requested by the user are excluded from that consent. For example, “technical cookies” (e.g. those required for browsing on the Platform or application), “personalisation cookies” (e.g. those that enable the web page to recognise the user’s language, etc.) and “security cookies” (e.g. those that detect repeated wrong attempts to connect to a website) would be excluded.
3. Are cookies used on the Platform? What are they?
Cookies allow browsing on the Platform and certain utilities and services provided thereon, so users are advised that disabling or blocking them may impair use of the Platform and of said utilities and services.
4. What cookies do we use on the Platform?
Cookies can be first party or third party. First party cookies are those sent to or downloaded onto the user’s terminal equipment from the Platform (editor) and managed by the latter, while third party cookies are those sent to or downloaded onto the user’s terminal equipment from other domains or equipment not handled by the Platform (editor), but by another entity processing the data obtained through the cookies.
The aforesaid cookies can be session or persistent cookies. The former are a type of cookies designed to collect and store data while the user accesses the Platform for the main purpose of storing information that is only kept to provide the service requested by the user on a single occasion. However, the latter remain stored on the user’s terminal and may be accessed and processed over a time defined by the entity responsible for the cookie.
Cookies can also be technical, permitting the user to browse the Platform and use the different options or services provided through it, such as controlling the traffic and communication of data, identifying the session, accessing restricted access parts, recalling the elements of a contractual request, using security elements during browsing, storing content for the showing of videos or audio, or sharing content through the social networks.
They may also be personalisation cookies, i.e. those allowing the user access to the service with some pre-defined characteristics according to certain criteria associated with their terminal, such as the type of browser through which they access the service, the regional set-up from which the service is accessed, etc.
Our cookies may be analytical, which would enable PyD to monitor and analyse the behaviour of users on the Platform when they browse it. The information collected through this type of cookies is used to measure the activity of the Platform and prepare browsing profiles of users on it, with a view to making improvements based on an analysis of the data regarding the use made by users of the Platform.
We include below an INFORMATIVE SUMMARY TABLE of the specific cookies that PyD currently uses on the Platform:
|Storage time||Continuous use on website.|
|Purpose||Collect information on a user’s activity in our digital asset to improve their experience and the performance of the asset through an analytic tool. Used to monitor and measure the performance of our website. Blocking or erasing the analytical cookies could adversely affect the quality of the user’s browsing experience on our website.|
5. Who uses the cookies?
The information collected through the cookies used on the Platform may be used by the owner or a third party providing a service to that owner.
6. Management and set-up of cookies
According to the information offered in this policy, we include information below on how to manage the cookies used in the Platform through the different options offered by the most common browsers.
- Google Chrome:
- Mozilla Firefox:
- Microsoft Internet Explorer: