Privacy and Cookie Policy

PRIVACY, GDPR AND COOKIES

10 December, 2022. 1.20 Version

Through this Policy (hereinafter, the "Privacy and Cookies Policy"), the privacy and cookies policy of the Web Platform https://www.semillas-de-marihuana.com/ (hereinafter, the "Platform") is regulated, under the ownership of Experiencia Natural S.L. (Experiencia Natural, hereinafter), a Spanish company registered in the Mercantile Register of Ourense in volume 896, folio 215, page number OR-16094, entry 1. With registered office and fiscal address at Calle Cabeza de Manzaneda, 17 bajo, 32005, Ourense, with fiscal identification code (CIF) B32488199, and contact e-mail address for the purposes of this privacy policy and cookies at: tiendaexperiencianatural@gmail.com

1. USE, PURPOSE AND APPLICABLE LEGAL REGIME

The Platform is a mechanism for interaction, communication and support that Experiencia Natural makes available to Internet users in order to provide them with sufficient, legal and adequate information on their activities, products and services in relation to their legitimate economic and business activities, which are governed by the applicable Spanish regulations and, as far as it concerns:

•     To the provision of information society services, on a basic basis, by Law 34/2002, of 11 July, on information society services and electronic commerce.
•    The processing of personal data, by the current Spanish and European regulations on the protection of personal data of individuals. In particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter referred to as "RGPD") shall apply directly as from 25/05/2018, in accordance with the provisions of this Regulation.

In any case, the user undertakes to make appropriate and lawful use of the Platform and the contents, products and services available from it, in accordance with the applicable legislation at all times.

Likewise, the user of the Platform is specifically committed to the following:

•     Guarantee the authenticity, truthfulness, timeliness and accuracy of all the information provided to Experiencia Natural, and the user will be solely responsible if this is not the case.
•     Use the same exclusively for the purposes and functionalities provided for this purpose by Experiencia Natural, presenting such functionalities as they are by Experiencia Natural, and the user is prohibited from using the Platform for any other purpose or means.
•     Make legal and legitimate use of the Platform, avoiding any unauthorised, fraudulent, illegal or illegitimate use of it and/or of the contents and information provided through it, avoiding any violation of this policy and the applicable regulations, and damaging the rights and legitimate interests of Experiencia Natural, or any other third party that may be affected as a result of such action.
•     Do not cause damage to the systems or elements associated with the Platform, its suppliers or third parties, or attempt to breach the security or authentication measures of the same, take any action that causes a disproportionate or unnecessary saturation in the infrastructure or communications environment related to the Platform, attacking it in any way. Natural Experience may adopt any preventive or corrective measures necessary to protect its interests in order to the proper functioning of the Web Platform and the specific functions provided in each case.
•     Do not attempt to access, use and/or manipulate the data of Experiencia Natural or under its responsibility, or of third party providers and other users.
•     No intentar acceder, utilizar y/o manipular los datos de Experiencia Natural o bajo su responsabilidad, o de terceros proveedores y de otros usuarios.
•     In particular, and for information purposes only and not exhaustive, the user undertakes not to transmit, disseminate or make available to third parties any information, data, contents or messages that may constitute a violation of the rights of the Natural Experience or of third parties.
•     Accessing without authorization or interacting with a false identity, impersonating or not impersonating a third party or using a profile or performing any other action that may generate confusion or mislead about the correct identification of the user in question..

2. USERS

This Privacy and Cookie Policy is intended for Platform users with regard to the processing of their personal data.

In any case, it should be pointed out that this Platform is intended for users over 18 years of age and its use is forbidden to minors.

The information and personal data provided by users who intend to browse or register on the Platform must be:

•     Sufficient, although adjusted, limited and proportionate to the legitimate purposes of processing informed by Experiencia Natural, with the maximum respect for the principles of purpose limitation and minimization of personal data (articles 5.1 (b) and (c) of the RGPD).
•     Accurate, updated and truthful, in order to be able to adequately verify the identity, capacity and, where appropriate, representation of the user in question, as well as to be able to adjust, in each case, the data processing carried out to the specific needs and the real situation of the users. All of this is in accordance with the principle of accuracy of personal data (5.1.d) of the RGPD).

Users are fully responsible for the correct use of their user accounts and the keys associated with them. If the registered user considers that the security of his account and associated passwords may have been compromised, he must immediately contact Experiencia Natural using the contact details provided at this Policy and report the situation or incident in question so that Experiencia Natural can take the appropriate measures from the moment of the communication made by the user. All liability for damages and losses associated with improper use and personal management of the accounts and associated keys shall be borne by the users holding such accounts, and Natural Experience shall be absolutely exempt as a result of the foregoing.

3. DERECHO DE INFORMACIÓN

In compliance with the current personal data protection regulations, and with particular regard to the provisions of Articles 12 to 14 of the RGPD, you are hereby informed of the following:

•     That the data controller is Experiencia Natural S.L., with registered office and tax address at Calle Cabeza de Manzaneda, 17 bajo, 32005, Ourense and tax identification code B32488199, and website https://www.semillas-de-marihuana.com/ and contact email: tiendaexperiencianatural@gmail.com
•    That the personal data that users provide through the Platform will be treated with the purpose stipulated in particular in this privacy policy and cookies and, where appropriate, in the various data forms provided in the Platform. In this sense, the collection of data through the Platform serves the following purposes of processing:

Ø   To enable users to browse the Platform, thereby allowing access to the information and content available on the Platform, including information on promotional or advertising campaigns aimed at contracting products and services, either from Experiencia Natural, or from third-party companies with which Experiencia Natural relates. Such access is without prejudice to the onerous nature of the specific content, services and products offered through the Platform and which users may contract if they so wish.

Ø  To attend to the specific requests and requests that users may make in this area.

Ø  Process purchases and user orders through the Platform.

Ø  Manage registered users accounts through the Platform.

Ø  Adopt all applicable protection measures in accordance with current legislation, including the possible anonymisation of your personal data by applying the appropriate techniques available for this purpose. Therefore, in this area, anonymization and pseudonymization treatments may also be performed for the best protection of your personal data.

Ø  To apply the pertinent security, technical and/or organizational measures on the personal data of the users that are convenient in view of the risks detected in relation to their rights at all times by Experiencia Natural, including the encryption of personal data and other measures that may involve certain processing of the data of the users of the Platform.

In the event that you do not agree to such processing purposes, we urge you to leave our Platform immediately. Otherwise, for example, by accepting this policy, or simply by continuing to browse the Platform, with prior knowledge of the information contained in this policy, it will be understood that the user unequivocally consents to the purposes of treatment previously informed. For this purpose, the provisions of paragraph 4 of this policy regarding consent and the rights of users in this area shall also be complied with.

•     That the legitimate basis for processing is, primarily, the consent of the user, so that, once informed of this policy, if the user accepts it, or simply continues browsing the Platform will be understood to give their consent to the processing of their personal data for the purposes indicated. Therefore, if a user does not agree with this policy or the informed processing purposes, as indicated above, he/she is urged not to continue browsing and to leave the Platform immediately. In the event of a specific request or contract by the users of certain contents, products or services through the Platform, the main basis for processing shall be that relating to the necessary application of pre-contractual measures at the request of the interested party, when this is the case, or that relating to the execution of a contract in the event that the user finally contracts the corresponding content, product or service.
•    That, in general, the personal data of users collected through the Platform will not be transferred to third parties without first informing them of the specific data to be transferred, the identity of the recipients or recipients of their data, their activity and the specific purposes of processing to which these recipients may use their data. The personal data of the users will not be transferred to any other third party, except with the consent of the user or, if applicable, any other basis for legitimizing the treatment as provided in article 6 of the RGPD, such as, for example, the due compliance with a legal obligation on the part of Experiencia Natural (lawfulness of treatment).
•     That, in general, there are no plans for international transfers of your personal data, and that the necessary measures in this area will be taken in accordance with the RGPD if this is not the case.
•    That, by virtue of article 30 of the Spanish Commercial Code, in the event that the user is a client of Experiencia Natural, after the end of the relationship between the parties, his or her personal data may be kept by Experiencia Natural for a period of six years. In the case of not being a customer, your user data will be kept for the time strictly necessary to allow you the correct navigation, access and enjoyment of the contents, products and services available through the Platform you require or visit, all in accordance with the provisions of this privacy and cookie policy and the legislation applicable in each case.
•   You may exercise your rights of access, rectification, deletion, limitation of processing, data portability and opposition by sending a written communication to tiendaexperiencianatural@gmail.com with Ref. "Exercise Rights" accompanying your application with a copy of your national identity card or equivalent identification document (passport, N.I.E.....). If your personal rights are not duly taken into account, you may file a complaint with the competent supervisory authority, in this case the Spanish Data Protection Agency.

4. DATA SUBJECT'S CONSENT

By accepting this policy, the user gives his/her unequivocal, free and informed consent to the processing of his/her personal data for the purposes of the processing described in section 3 of this privacy and cookie policy. In the specific case of cookies, particular attention must be paid to the provisions of section 7 of this policy.

The user will be able to choose the treatment and destination of his/her data, according to his/her specific interests and needs in each case, so that, when the treatment is based on the consent of the same, the user will have the right to withdraw it at any time, although such withdrawal will not affect in any way the legality of the previous treatment carried out by Experiencia Natural.

In any case, Experiencia Natural may prevent the use of the Platform and the services, contents and functionalities associated with it if the user does not accept this policy or does not consent to the processing of his/her personal information in accordance with its provisions.

The acceptance of this policy is independent of the possible acceptance of the legal terms and conditions of a particular type that may govern the specific contracting by users of the services and products available through the Platform.

5. SECURITY

Experiencia Natural has adopted and applies the levels of security required by the applicable legislation with respect to personal data under its responsibility, in accordance with the corresponding risk approach adopted, and seeks to install and/or apply additional technical or organisational means and measures of protection in order to reinforce the general security of processing with personal data, systems, communications environment and corporate organisation, as well as to guarantee due protection against unauthorised or unlawful processing and against loss, destruction or incidental damage (principle of integrity and confidentiality). However, the user must be aware that Internet security measures are by no means impregnable and are in keeping with the state of the art at all times and the cost of their application.

To this end, it shall give special consideration to the application criteria and security measures and other security obligations associated with the RGPD, with special attention to the provisions of Article 32 of the RGPD.

6. DUTY OF SECRECY AND CONFIDENTIALITY

Experiencia Natural undertakes to comply with the duty of secrecy and confidentiality with regard to the information and personal data provided by the users of the Platform, and that is under its control and responsibility, in accordance with the applicable legislation and the risk approach that corresponds at all times.

7. COOKIES POLICY

As stated in Recital 30 of the RGPD, natural persons may be associated with online identifiers provided by their devices, applications, tools and protocols, such as internet protocol addresses, session identifiers in the form of cookies or other identifiers, such as radio frequency identification tags. This can leave traces which, in particular, when combined with unique identifiers and other data received by the servers, can be used to profile and identify natural persons. For this reason, Experiencia Natural has a cookie policy consistent with applicable regulations.

7.1. Applicable regulations:

Article 22 of Law 34/2002, of 11 July, on Information Society and Electronic Commerce Services (LSSICE), concerning the rights of recipients in commercial communications by electronic means, service providers may only use data storage and retrieval devices on the recipients terminal equipment when they have given their prior informed consent.

To this end, these recipients and end-users shall be provided with clear and complete information on their use, in particular on the purposes for which the data are processed, in accordance with the provisions of the personal data protection legislation. Therefore, where technically possible and effective, the consent of the recipient to the processing of the data may be given by using the appropriate parameters of the browser or other applications.

This shall not prevent any technical storage or access for the sole purpose of carrying out the transmission of a communication over an electronic communications network or, to the extent strictly necessary, for the provision of an information society service expressly requested by the recipient.

7.2. User consent and cookies: general rule and exception.

In general, when the installation and/or use of cookies entails the processing of personal data, whether it is personal or third-party cookies, session cookies or persistent cookies, Experiencia Natural, as the data controller, will provide the necessary information in this area and will obtain the prior informed consent of the user to install and/or use them.

Only those that allow, exclusively, communication between the user's equipment and the network and, strictly speaking, those used to provide a service requested by the user, are exempt from such consent. For example, the so-called "technical cookies" (e.g., those required for the same navigation on the platform or application); "personalization or configuration cookies" (e.g., those that allow the page to recognize the user's language, etc.); and "security cookies" (e.g., those that detect repeated and erroneous attempts to connect to a site) would be excluded.

7.3. Do you use cookies on the Platform, what are they?

Cookies are used on the Platform, i.e. files or devices that are downloaded to the user's terminal equipment (personal computer, a smartphone, a tablet, mobile terminals and devices, etc.), regardless of their nature, and with the main purpose of guaranteeing the correct operation of the Platform (remembering the selected language, and similar functions). Thus, in general, and without prejudice to the provisions below, cookies will allow browsing the Platform, as well as certain utilities and services provided on the same, so you are warned that their disabling or blocking may affect browsing or the correct or widespread use of it by the user.

7.4. What cookies do we use on the Platform?

Cookies may be owned by us and third parties. Own cookies are those that are sent or served to the user's terminal equipment from the Platform (editor) being managed by the Platform, while third party cookies are those that are sent or served to the user's terminal equipment from other domains or equipment not managed by the Platform (editor), but by another entity that processes the data obtained through cookies.

Also, the above cookies may be session cookies or persistent cookies. The first are a type of cookie designed to collect and store data while the user accesses the Platform with the main purpose of storing information that is only interested in keeping for the provision of the service requested by the user on a single occasion. However, with the latter, the data remains stored in the user's terminal and can be accessed and processed for a period defined by the person responsible for the cookie.

Cookies can also be technical by allowing the user to navigate through the Platform and use the different options or services available through it, for example, to control traffic and data communication, identify the session, access restricted areas, remember the elements that make up a contractual request, use security elements during navigation, store content for video or sound broadcasting or share content through social networks.

They can also be personalised, referring to those that allow the user to access the service with some predefined characteristics according to certain criteria associated with their own terminal, for example, the type of browser through which they access the service, the regional configuration from which they access the service, etc.

Likewise, they may have a statistical or informative purpose for the publisher regarding the particular use that users make of its Platform and the contents or services available through it.

Below is an informative summary table of the specific cookies that Natural Experience currently uses on the[IG1] platform:

7.5. Who uses cookies?

The information that is collected through the cookies that are served through the Platform may be used, either by the owner of the same, or by a third party that provides a service to this owner.

7.6. Management and configuration of cookies.

Based on the information provided in this policy, we offer you information on how you can manage the cookies used on the Platform through the different options offered by the most common browsers.

You can manage the use of cookies, including their blocking, depending on the browser installed on your computer. You can learn more about how to manage them by clicking on the links below:

Ø  Google Chrome

Ø  Mozilla Firefox

Ø  Microsoft Internet Explorer

8. VALIDITY AND MODIFICATION OF THE PRIVACY POLICY AND COOKIES

This policy has been in force since 25 May 2018. Experiencia Natural reserves the right to modify this policy, to adapt it to future legislative, doctrinal or jurisprudential changes that may be applicable, or for technical, operational, commercial, corporate and business reasons, informing users in advance and reasonably of any changes that may occur whenever possible. In any case, it is recommended that each time you access this Platform, you read this policy in detail, as any changes will be published through it. Likewise, Experiencia Natural may inform users personally and in advance of the changes projected in this policy, prior to its entry into force, whenever this is technically and reasonably possible, particularly when they are considered registered users or customers of Experiencia Natural.

9. LEGAL CONTACT

La protección de sus derechos es importante para Experiencia Natural, por lo que, en caso de cualquier, cuestión o sugerencia que quisiera hacernos llegar en torno a la presente política, por favor, no dude en ponerse en contacto con nosotros a través de la dirección de correo electrónico: tiendaexperiencianatural@gmail.com

10. VENUE AND SUITABLE JURISDICTION

In general, any controversy or conflict will be submitted to the parties in preference to their knowledge for the purpose of finding an amicable solution and by mutual agreement using, for these purposes, as far as Experiencia Natural is concerned, the legal contact channel (or data protection delegate, if appointed) described in section 9 of this policy. In the event that this is not possible, in accordance with the criteria contained in the RGPD for determining the competence of the leading or main authority in order to hear any dispute, controversy or claim regarding this privacy policy and cookies, at least by administrative means, the Spanish Data Protection Agency (AEPD) is hereby informed that such authority shall be the Spanish Data Protection Agency (AEPD), and in all cases the provisions of article 56 of the RGPD shall be complied with. With regard to the right to effective judicial protection against Experiencia Natural in these cases, the provisions of article 79.2 of the RGPD will also apply, and the corresponding action must be brought before the Judges and Courts of Ourense insofar as Experiencia Natural is a company based in Spain. In any case, the applicable law will be the Spanish law.

[IG1]The table of cookies has been filled in with the information that is currently enabled on the web, if there have been changes in terms of cookies that are served in the pataform would have to adjust the tables in this regard.