Política de privacidad

Version date: 26th September, 2022

This privacy policy applies to the www.isabelguarch.com website.

Please read it carefully. It contains important information about the processing of your personal data and your rights under current legislation on the subject.  

We reserve the right to update our privacy policy at any time due to business decisions, as well as to comply with any legislative or jurisprudential changes. If you have any questions or need any clarification regarding our privacy policy or your rights, you can contact us through the channels indicated below.

You declare that the data you provide us with, now or in the future, are correct and truthful and you undertake to inform us of any changes to them. If you provide personal data of third parties, you undertake to obtain the prior consent of those concerned and to inform them of the contents of this policy.

In general, the fields on our forms that are marked as mandatory must be completed in order to be able to process your requests. If not, the company will not be able to process your request.

Owner of the site and responsible for the processing of your personal data

The owner of this website and responsible for the processing of personal data that is carried out or collected on it is the company Guarch Collection S.L., holder of Tax Identification Code B-57592586, with registered office in 07011 Palma de Mallorca (Balearic Islands), calle Francisco Martí i Mora 1, esc. A piso 14, and postal address in 07001 Palma de Mallorca (Balearic Islands), Plaça des Mercat, 16.

Contact telephone: (34) 971 284 232

Contact e-mail: atelier@isabelguarch.com

This company is registered in the Mercantile Register of Palma de Mallorca in volume 2.364 and on page no. PM-63036.

Reproduction in whole or in part without the express authorisation of Guarch Collection S.L. and the owners of the trademarks is prohibited.

What do we collect and process your data for on our website?

The website www.isabelguarch.com collects personal data for different purposes

When you fill in the form to subscribe to our news channel, the personal data that you voluntarily provide through this form will be used to incorporate them into our list of recipients of our commercial or promotional information about the brand and its products, events that we organise, as well as to offer you services and exclusive advantages for subscribers to this list, congratulations and statistical studies. Preferably these communications will be sent to you by e-mail, although we may also send them to you by post, text message or telephone call.  

You may at any time indicate to us that you no longer wish to receive such communications by using the free mechanism provided for this purpose at the bottom of each electronic communication we send you.

We manage the newsletter service through Mailchimp, a platform belonging to the company The Rocket Science Group LLC, located in the state of Georgia, United States, and with which this company has signed standard contractual clauses. The only data transmitted to this company is your e-mail address.

When you request an appointment, we will use the information you provide exclusively to manage your visit to our atelier.

When you make a purchase in our online shop or via telephone/WhatsApp, the personal data you provide in the purchase process will be used to manage your purchase order, including payments, shipments and possible returns. Likewise, if you have not expressed your wish to the contrary by ticking the box provided for this purpose on the registration form, they will be used to incorporate them into our list of recipients of our commercial or promotional information in the terms set out in the previous section, which we ask you to read.

This company does not have access to the credit card details that you use in the purchase process, which go directly to the bank with which we have contracted the virtual POS service. We only have access to the code that the bank assigns to each transaction in order to identify it. This information will be used by us in order to deal with the refund of the payment in the event of cancellation of the purchase. Likewise, Guarch Collection S.L. will not have access to your passwords to the payment platforms made available to you, nor to the conditions or requirements demanded by them when granting the financing of your purchases, which will be agreed between you and the chosen platform.

If you are the recipient of one of our gift cards, in order for us to send it to you, the person who has given you the gift card has provided us with your name and email address only, which we process only for this purpose: to send you your gift by email. We will not make any other use of this data: we will not contact you to follow up on the use of the gift card and we will not send you commercial or promotional electronic communications. We will only process other personal data about you in the event that you decide to take advantage of your gift by shopping in our online shop, for which you will be asked to provide the same information as any other shopper.

To whom can we communicate your data?

In cases where you have purchased any of our products from our website, the transport company through which we manage the delivery of your purchase will be informed of the essential data for this purpose.

If you purchase a gift card from our shop and choose the e-mail delivery method, we will inform the recipient of the name of the person making the gift.

We may also communicate your data in those cases provided for in the regulations in force.

Legal basis for processing and transfer of your data

The processing of your data by us when you make a purchase on our website, by telephone or by WhatsApp is necessary for the performance of the purchase contract with this establishment concluded with you (article 6.1.b of the GDPR).

The processing of your data when you make an appointment in our atelier is necessary for the establishment of a pre-contractual relationship (Article 6.1.b of the GDPR).

Our processing of your data when you register as a user and open an account on our website is based on your consent (Article 6.1.a of the GDPR), which you can revoke at any time by cancelling your account.

The transfer of your data to the transport company through which we deliver the object of your purchase is necessary for the execution of the purchase contract (Article 6.1.b of the GDPR).

The processing of your data when you subscribe to our newsletter is based on your consent (Article 6.1.a of the GDPR). You may revoke this consent at any time, but not retroactively.

The processing of your data to send you, as a purchaser of our products, commercial or promotional communications, is expressly authorised in article 21 of Law 34/2002, of the Information Services and Electronic Commerce Society, although in all mailings you will be provided with a means to unsubscribe from them.

The processing of the name and e-mail address of the persons to whom we send the gift cards electronically is necessary for the execution of the purchase contract concluded by this company with the person who gives you the gift card (article 6.1.b of the RGPD).

In the case of legally required transfers, this will be covered by the fact that it is necessary for us to fulfil our legal obligations (article 6.1c of the GDPR).

How long will we keep your data for?

As long as you remain a registered user of our website, we will retain your data and order history on our website until the statutory retention periods have expired.

The data you provide when making a purchase will be retained until the legal retention period expires.

The data you provide for the purpose of making an appointment will be kept for the time necessary for the processing and execution of the appointment.

The data processed for commercial purposes will be kept as long as you do not tell us that you no longer wish to receive commercial or promotional communications.

In any case, we will keep the data for the periods provided for in the applicable legal provisions applicable to our activity, as well as for the time necessary to meet possible liabilities arising from the processing.

Data protection rights



In accordance with current data protection regulations, you are entitled to exercise your rights of access, rectification, deletion, opposition, revocation of consent, limitation of processing and portability, which you may exercise against this company in the cases provided for in the regulations, by means of a request accompanied by a copy of your official identity document, which you may send by post to the address 07001 Palma de Mallorca (Balearic Islands), Plaça des Mercat, 16, or by e-mail to the address info@isabelguarch.com. You can find more information on how to exercise your rights on the website of the Spanish Data Protection Agency, www.aepd.es.

Likewise, if you are not satisfied with the processing of your data by this company, you may file a complaint with the Spanish Data Protection Agency or, if you reside in another European Union country, with the supervisory authority of your country. You can find more information about this on their website: www.aepd.es

Security measures

Guarch Collection S.L. undertakes to comply with its obligation to maintain the secrecy of personal data and its duty to safeguard them, and will adopt the necessary measures to avoid their alteration, loss, unauthorised processing or access, in accordance with the provisions of the applicable regulations.

Guarch Collection S.L. has implemented the necessary technical and organisational security measures to guarantee the security of your personal data and to avoid its alteration, loss and unauthorised processing and/or access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed, whether from human action or from the physical or natural environment, in accordance with the provisions of the applicable regulations.

Social media accounts

This company has an account/channel on the following social networks

- Pinterest

- Instagram

- Twitter 

- Facebook

- You Tube

The purpose of all of them responds to our legitimate interest (art. 61.f RGPD) in disseminating our products, the launch of new collections, the celebration of events that we organise and interacting with our followers, either through direct messages or the exchange of comments on our publications.

By becoming a follower or fan of any of them you consent 1) to the processing of your personal data in the respective social network environment in accordance with its privacy policies and terms of use; 2) access by Guarch Collection S.L. to the data contained in the list of fans/followers and 3) that the news published by us may appear in your mu-ro/account if the policy of the social network allows it.

Guarch Collection S.L. will be able to publish in its accounts photographs and videos obtained during the celebration of the events it may organise.

Guarch Collection S.L. will not use the data for other purposes or to send additional information. If you want to stop following us, you must do so through the corresponding option in each of the social networks through which you follow us. 

Guarch Collection S.L. S.L. reserves the right to remove any content that appears on its social media accounts if it receives any complaint about the content itself or the lack of authorisation for its use. 

In the event that you upload photographs to the page in which people appear, you declare that you have previously obtained their consent to do so.

The audiovisual material will be cancelled when the information is obsolete or is no longer relevant or of public interest, or when the interested party requests its deletion. 

You are expressly informed that the tools that support the aforementioned social networks are not operated by Guarch Collection S.L. SL, but by the respective owners of each of these networks, this company being completely unaware of the processing that they may carry out on the data provided on the occasion of your use of the social network and the privacy policies that they establish.

If you wish to exercise your rights under current data protection regulations in relation to these accounts, please consult the corresponding section of this privacy policy.

Intellectual property/trademarks

The reproduction, copying, use, distribution, commercialisation, public communication or any other activity that may be carried out with the information contained in these web pages and which is carried out without the express authorisation of Guarch Collection S.L. and/or the owners of the trademarks, is an infringement punishable under current legislation.

The names and logos displayed on these pages are registered trademarks, property of Guarch Collection S.L. 

Guarch Collection S.L. rejects all liability arising from the misuse of the contents displayed on these pages and reserves the right to update them, eliminate them, establish limitations or restrict access to them at any time, temporarily or permanently.

Guarch Collection S.L. rejects the responsibilities that may derive from any information not contained or erroneous in this web page. And specifically, it rejects responsibility for the information contained in third party web pages connected by links to the Guarch Collection S.L. web pages.

Guarch Collection S.L. accepts no responsibility for any possible security errors that may occur due to the use of computers infected with computer viruses or for the consequences that may arise from the malfunctioning of the browser or the use of non-updated versions of the latter.

Obligations and responsibilities of the website user

The User undertakes to:

a) Make appropriate and lawful use of the Website as well as the contents and services, in accordance with: (I) the legislation applicable at all times; (II) the General Conditions of Use of the Website; (III) generally accepted morals and good customs and (IV) public order.

 

b) To provide all the technical means and requirements necessary to access the Website.

c) To provide truthful information when filling in the forms contained on the Website with their personal data and to keep it updated at all times so that it corresponds, at all times, to the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and the damages caused to GUARCH COLLECTION S.L. or third parties for the information provided.

Notwithstanding the provisions of the previous section, the User must also refrain from:

 a) Making unauthorised or fraudulent use of the Website and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all types of contents stored in any computer equipment.

 b) Accessing or attempting to access resources or restricted areas of the Website, without complying with the conditions required for such access.

c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties.

 d) Introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of GUARCH COLLECTION S.L., its suppliers or third parties.

e) Attempting to access, use and/or manipulate the data of GUARCH COLLECTION S.L., third party suppliers and other Users.

f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorised by the owner of the corresponding rights or it is legally permitted.

g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of GUARCH COLLECTION S.L. or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.

h) Obtaining and attempting to obtain the contents using means or procedures other than those which, depending on the case, have been made available for this purpose or which have been expressly indicated on the web pages where the contents are found or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.

i) In particular, and by way of example only and without limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

(I) In any way is contrary to, undermines or infringes upon the fundamental rights and public freedoms recognised in the Constitution, in international treaties and in the rest of the legislation in force.

(II) Induces, incites or promotes criminal, denigratory, defamatory or violent actions or, in general, actions that are contrary to the law, morality, generally accepted good customs or public order.

 (III) Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.

(IV) Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morals and generally accepted good customs or public order.

 (V) Induces or is likely to induce an unacceptable state of anxiety or fear.

(VI) Induces or incites to engage in practices that are dangerous, risky or harmful to health and mental equilibrium. 

(VII) Is protected by intellectual or industrial protection legislation belonging to GUARCH COLLECTION S.L. or third parties without having been authorised for the intended use.

(VIII) Is contrary to the honour, personal and family privacy or self-image of persons. 

(IX) Constitutes any type of advertising. 

(X) Includes any type of virus or programme that prevents the normal functioning of the Website.

If, in order to access any of the services and/or contents of the Website, you are provided with a password, you undertake to use it diligently, keeping it secret at all times. Consequently, he/she shall be responsible for its proper custody and confidentiality, undertaking not to cede it to third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or contents by third parties. Likewise, he/she is obliged to notify GUARCH COLLECTION S.L. of any event that may involve the improper use of his/her password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, until the previous notification is made, GUARCH COLLECTION S.L. will be exempt from any responsibility that may arise from the improper use of your password, and will be responsible for any illicit use of the contents and/or services of the Website by any illegitimate third party.

If you negligently or fraudulently breach any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise for GUARCH COLLECTION S.L. as a result of such breach.

Responsibilities

 GUARCH COLLECTION S.L. does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained in the GUARCH COLLECTION S.L. pages, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.

GUARCH COLLECTION S.L. is not responsible for any decisions that may be taken as a result of accessing the content or information offered.

GUARCH COLLECTION S.L. may interrupt the service or immediately terminate the relationship with the user if it detects that a use of its website or any of the services offered on it are contrary to these General Conditions of Use. GUARCH COLLECTION S.L. is not responsible for any damages, losses, claims or expenses derived from the use of the website. It will only be responsible for removing, as soon as possible, the contents that may cause such damages, provided that this is notified. In particular, it shall not be liable for damages that may arise, among others, from:

(I) interferences, interruptions, faults, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause beyond the control of GUARCH COLLECTION S.L.

(II) illegitimate intromissions through the use of malware of any kind and through any means of communication, such as computer viruses or any other.

(III) improper or inappropriate abuse of the Website.

(IV) security or navigation errors caused by a malfunction of the browser or the use of outdated versions of it. The administrators of GUARCH COLLECTION S.L. reserve the right to withdraw, totally or partially, any content or information present on the Website.

GUARCH COLLECTION S.L. excludes any liability for damages of any kind that may be due to the misuse of the freely available services and use by the users of the website. Likewise, GUARCH COLLECTION S.L. is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of the services of consultations and doubts. On the other hand, in the event of causing damages due to an illicit or incorrect use of these services, the user may be claimed by GUARCH COLLECTION S.L. for the damages caused.

You will defend, indemnify and hold GUARCH COLLECTION S.L. harmless against any damages arising from claims, actions or demands from third parties as a result of your access to or use of the Website.

You also agree to indemnify GUARCH COLLECTION S.L. against any damages arising from your use of "robots", "spiders", "crawlers" or similar tools used for the purpose of collecting or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Website.

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