Privacy

Introduction

Your privacy matters to us, so in this document we explain, among other things, what data we collect from users, how we use it and what for. People over 14 may register as users without the prior consent of their parents, guardians or legal representatives. In the case of children under 14 or people identified as “legally incapacitated”, we will always require the consent of the parent, guardian or legal representative.

For your information, we will never ask for more information than we actually need for the services requested; we will never share it with third parties, except by legal obligation or with your prior authorisation; and we will never use your data for any purpose other than those previously stated.

As users, you should read this Privacy Policy carefully on a regular basis, and whenever you enter your personal data, since this document may be modified: the provider may modify any information appearing on the website to comply with regulations or update the policy, without any obligation to give prior notice or inform users of such changes, publication on the provider’s website being sufficient.

Data controller

Identity: aColor Software S.L. (also the provider)

Tax ID (NIF): B72518962

Postal address: Sant Llorenç, 38, 08980, Sant Feliu de Llobregat, Barcelona

Email: soporte@acolor.es

aColor Software S.L., as the party responsible for the website, in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and other regulations in force on personal data protection, and with Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE), informs you that it has implemented the necessary technical and organisational security measures to guarantee and protect the confidentiality, integrity and availability of the data entered.

How we obtain data and what data we collect

The data we collect and how we obtain it is as follows:

through the contact form: name, email, telephone

through the newsletter subscription form: name, email

through comments or testimonials: name, email

through the quote request form: name, email, telephone

through the use of WhatsApp: name, telephone. No special categories of protected data are processed.

Purpose of processing

Your personal data will only be used for the following purposes, with your consent given for each purpose in the corresponding section of the website:

contact form: to answer enquiries and/or provide information requested by the User;

newsletter subscription form: to send commercial advertising communications by email, SMS, social communities or any other electronic or physical means, where the User has expressly consented;

comments on the website: the client’s comment/testimonial will be published on the website when they wish it or the provider requests it, giving information about their experience and the quality of the service;

quote request form: to handle the user’s request for a quote for the services requested.

WhatsApp: the processing of data of people who make an enquiry through aColor Software S.L.’s WhatsApp is governed by this section, as well as by the terms of use, privacy policies and access rules of the relevant application, previously accepted by the user. aColor Software S.L. will process your data for the purpose of properly handling your enquiry, and for any other purpose related to the administrative management of the service. Use of aColor Software S.L.’s WhatsApp is prohibited for sending content other than that needed to answer the enquiry, or content that is unlawful under national or international regulations, that infringes people’s fundamental rights or that generally contravenes the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual and industrial property rights.

Other purposes:

To carry out the commercial, administrative, tax and accounting procedures required under current legislation;

To learn your opinion and improve the services provided by the website;

To carry out usability analyses of the website through cookies (mentioned in the cookie policy);

Social networks: the use of social networks is specified in the corresponding section. The photographs published on the website are the property of aColor Software S.L., including those of clients, for which prior consent was obtained by signing the corresponding form. However, as holders of the right to exercise their rights, and always upon prior formal written request, they may refuse the use of their image.

You may revoke your consent at any time by sending a message with the subject “Unsubscribe” to the email address indicated.

In accordance with the LSSICE, aColor Software S.L. does not engage in SPAM practices and therefore does not send commercial emails that have not been previously requested or authorised by the User. Consequently, in every communication you receive from the provider, the user has the option to withdraw their express consent to receive our communications.

We will not process your personal data for any purpose other than those described, except by legal obligation or court order.

You will not be subject to decisions based on automated processing that produce effects on your data.

Legal basis for processing

The legal basis for processing the data is your consent, given when you provide your data in the corresponding form in order to carry out the purposes, at the moment you tick the checkbox.

Failure to provide the personal data requested or to accept this privacy policy makes it impossible to achieve the purposes described above.

Prospective or commercial offers of products and services are based on the consent requested from you, and under no circumstances does the withdrawal of this consent condition the performance of the subscription contract.

Data retention period

Your data will be kept for as long as the commercial relationship with us lasts or until you exercise your right to erasure, objection or restriction of processing. However, we will keep your data for the periods legally provided for in the applicable regulations.

Recipients of disclosures or transfers

aColor Software S.L. does not disclose or communicate data either within or outside the EU. The provider will only supply information to law enforcement bodies under a court order or by legal obligation, without prejudice to being able to block or cancel your account if there are indications that the user has committed an offence. The information supplied will only be that held by the provider at that time.

The information you provide through this website will be hosted on aColor Software S.L.’s servers, contracted from OVH HISPANO, S.L., with tax ID B83834747 and registered office at C/ Alcalá 21, 5th floor, 28014 Madrid, which provides the website hosting service.

The processing of the entity’s data is governed by a data processing agreement between the provider and that company.

Likewise, the provider uses certain tools to deliver services needed for its activity, which may store your data. These tools are the following:

Google Analytics: to analyse and measure how users use the website, through cookies. The information generated and collected by these cookies about usage (including the IP address) will be transmitted directly to and stored by Google Inc., located in Delaware, 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”), on its servers in the United States.

Email marketing: used for the email marketing service: The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA

Rights of data subjects

As a user and data subject, you may request the exercise of the following rights before aColor Software S.L. by submitting a written request to the postal address in the heading or by sending an email to soporte@acolor.es, indicating as the Subject: “DATA PROTECTION: RIGHTS OF DATA SUBJECTS”, and attaching a photocopy of your ID document or any equivalent means recognised by law, as the law requires.

Rights:

Right of access: allows the data subject to know and obtain information about their personal data being processed.

Right to rectification or erasure: allows errors to be corrected and data that proves inaccurate or incomplete to be modified.

Right to cancellation: allows data that is inappropriate or excessive to be deleted.

Right to object: the data subject’s right not to have their personal data processed, or to have such processing cease.

Restriction of processing: involves marking the personal data retained, in order to limit its future processing, for the exercise or defence of claims.

Data portability: provision of the data being processed to the data subject so that they can transmit it to another controller without hindrance.

Right not to be subject to automated individual decision-making (including profiling): the right not to be subject to a decision based on automated processing that produces effects or significantly affects you. As a user, you have the right to withdraw the consent given at any time. Withdrawing consent does not affect the lawfulness of processing carried out before the withdrawal.

You also have the right to lodge a complaint with the supervisory authority if you believe your rights regarding the protection of your data may have been infringed (aepd.es).

Additional information

Security measures

The data you provide will be treated confidentially. The provider has adopted all the technical and organisational measures and all the levels of protection necessary to guarantee security in data processing and to prevent its alteration, loss, theft, unauthorised processing or access, in accordance with the state of technology and the nature of the data stored. It is also guaranteed that the processing and recording in files, programs, systems or equipment, premises and centres meet the integrity and security requirements and conditions established in current regulations.

Language

The language applicable to this privacy policy is Spanish. Therefore, in the event of any contradiction in any of the versions provided in other languages, the Spanish version shall prevail.

Social networks

We inform you that aColor Software S.L. may have a presence on social networks. The processing of data of people who become followers on the social networks (and/or make any link or connection through social networks) of aColor Software S.L.’s official pages is governed by this section, as well as by the terms of use, privacy policies and access rules of the relevant social network, previously accepted by the user.

aColor Software S.L. will process your data for the purposes of properly managing its presence on the social network, informing about the provider’s activities, products or services, and for any other purpose allowed by the social networks’ rules.

The publication of the following content is prohibited:

– Content that is presumably unlawful under national, EU or international regulations, or that carries out presumably unlawful activities or contravenes the principles of good faith.

– Content that infringes people’s fundamental rights, is discourteous online, is annoying or may generate negative opinions among our users or third parties and, in general, any content that aColor Software S.L. considers inappropriate.

– And, in general, content that contravenes the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual and industrial property rights.

Likewise, aColor Software S.L. reserves the right to remove, without prior notice, from the website or the corporate social network any content it considers inappropriate.

In any case, if you send personal information through the social network, aColor Software S.L. is exempt from liability with regard to the security measures applicable to that platform, and the user, if they wish to know them, must consult the corresponding specific terms of the network in question.

Publication of your testimonial

If the user wishes to publish their opinion on the website, we inform you that the data provided will be processed to present their experience or opinions about the services for publication on the website, in order to help other users. The data will be kept for as long as there is a mutual interest in maintaining the purpose of the processing and, when it is no longer necessary for that purpose, it will be deleted with appropriate security measures to guarantee the pseudonymisation of the data or its total destruction. Testimonials will be published on our website. The personal data of the testimonial that may be published is the name and surname (where applicable) and image.

Changes to this privacy policy

aColor Software S.L. reserves the right to modify this policy to adapt it to legislative or case-law developments.

Revocability

The consent given, both for processing and for the disclosure of data subjects’ data, may be revoked at any time by notifying aColor Software S.L. under the terms established in this Policy for exercising rights. Such revocation shall under no circumstances be retroactive.

Legislation

As a general rule, relations between aColor Software S.L. and the Users of its online services on this website are subject to Spanish legislation and jurisdiction, to which the parties expressly submit, and the Courts and Tribunals of Barcelona shall have jurisdiction to resolve all disputes arising from or related to their use.

Appointment booking

Consultation bookings are managed through the Cal.com service (Cal.com, Inc.), which processes the data needed for the appointment — name, email address and chosen time — in accordance with its own privacy policy, and creates the event and the video call link in the studio’s calendar. You can exercise your rights over that data by writing to us at soporte@acolor.es.