Privacy policy

PRIVACY POLICY

WHO ARE WE?

We are the controller of your data. Accordingly, both data subjects and the competent authorities are hereby informed, in an express, precise and unequivocal manner, of the following details concerning the data controller:

Trade name: LUPER

Company name: OPTICAS LUPER S.L, hereinafter the “Company” or the “Controller”.
Tax ID (CIF): B67829432 Registered tax address: AVENIDA CANALEJAS, 3 MURCIA.
Postcode: 30002, MURCIA, SPAIN.
Telephone: +34 868 966 151

Email for communications on data protection matters: hola@luper.es

Download the Privacy Policy of OPTICAS LUPER S.L

APPLICABLE REGULATIONS

Our Privacy Policy has been drawn up in accordance with EU General Data Protection Regulation 2016/679 of the European Parliament and of 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), and, insofar as it does not contradict the aforementioned Regulation, with the provisions of the Spanish legislative framework on the Protection of Personal Data.

By providing us with your data, you declare that you have read and are aware of this Privacy Policy, and you give your unequivocal and express consent to the processing of your personal data in accordance with the purposes and terms set out herein.

The Company may modify this Privacy Policy to adapt it to new legislation, case law or interpretations by the Agencia Española de Protección de Datos (Spanish Data Protection Agency).

These privacy conditions may be supplemented by the Legal Notice, the Cookie Policy and the General Terms and Conditions that may apply to certain products or services, where such access involves any special feature regarding the protection of personal data.

WHAT PROCESSING DO WE CARRY OUT WITH YOUR PERSONAL DATA?

In compliance with Regulation (EU) 2016/679 and the Ley Orgánica de Protección de Datos de Carácter Personal (Spanish Data Protection Act), we inform you that your personal data may be subject to some of the following processing operations:

  • TR04 – Advertising campaigns (Legal basis: Ley 34/1988, de 11 de noviembre, General de Publicidad (General Advertising Act).)

  • TR08 – Gathering the opinion of data subjects (Legal basis: Regulation (EU) 2016/679 on data protection and LOPD.)

  • TR03 – Selection of own staff (Legal basis: Real Decreto Legislativo 3/3015, de 23 de octubre, por el que se aprueba el texto refundido de la ley de Empleo (Royal Legislative Decree approving the consolidated text of the Employment Act).)

  • TG01 – Own accounting and bookkeeping, as controller. (Legal basis: Real Decreto 1514/2007, de 16 de Noviembre, por el que se regula el Plan General Contable (Royal Decree 1514/2007 of 16 November approving the Spanish General Accounting Plan).)

  • TG25 – Data collection for own tax management (Legal basis: Ley 58/2003, de 17 de diciembre, General Tributaria (General Tax Act).)

  • TG12 – Own employment management: data collection (Legal basis: Real Decreto Legislativo 1/1994, de 20 de junio, por el que se aprueba el Texto Refundido de la Ley General de la Seguridad Social (Royal Legislative Decree 1/1994 of 20 June approving the consolidated text of the General Social Security Act).)

  • TR09 - Safeguards regarding technical and organisational measures in the software used (Legal basis: Regulation (EU) 2016/679 on data protection and LOPD.)

  • TE08 - Protection of Personal Data (Legal basis: Regulation (EU) 2016/679 and Ley Orgánica 3/2018 (Spanish Data Protection Act).)

  • TE02 - Occupational risk prevention (Legal basis: Ley 31/1995, de 8 de noviembre, de prevención de Riesgos Laborales (Occupational Risk Prevention Act).)

  • TE07 - Destruction of documents (Legal basis: Regulation (EU) 2016/679)

  • TV01 - Sales / Provision of Services (Legal basis: Commercial and Tax Legislation)

  • TE03 - Transport and/or parcel delivery service (Legal basis: Real Decreto de 22 de agosto de 1885 por el que se publica el Código de Comercio (Royal Decree of 22 August 1885 publishing the Spanish Commercial Code).)

  • TR05 - Emails (Legal basis: Código de comercio (Commercial Code) and other applicable legislation.)

  • TR01 - Requests for information received (Legal basis: Código de Comercio (Commercial Code) and other commercial provisions.)

  • TR07 - Management of incidents and/or security breaches (Legal basis: Regulation (EU) 2016/679 on data protection and LOPD.)

  • TE04 - Management of own legal affairs (Legal basis: Applicable commercial and employment legislation.)

  • TE01 - Maintenance of computer systems (Legal basis: Código de comercio (Commercial Code).)

RETENTION PERIOD OF YOUR DATA

We will keep your personal data from the time you give us your consent until you revoke it or request the restriction of processing. In such cases, we will keep your data blocked for the periods required by law.

PURPOSES - WHAT DO WE USE YOUR PERSONAL DATA FOR?

In this organisation, we may process your personal data exclusively for the purposes indicated below:

  • Checking that all the technical measures necessary for the correct management of personal data with the software used are being implemented.

  • Sending commercial and/or advertising information by email.

  • Managing requests for information received from the data subject about our products or services.

  • Exclusive management of internal incidents detected in compliance with the requirements of the GDPR (RGPD).

  • Carrying out advertising campaigns to advertise our services and/or products.

  • Gathering the opinion of data subjects.

  • Recruiting staff to fill the necessary job vacancies.

  • Complying with all the requirements set out in the Ley de Prevención de Riesgos Laborales (Occupational Risk Prevention Act).

  • Sending parcels and correspondence.

  • Managing any legal issue affecting the company.

  • Managing, maintaining and repairing computer storage systems.

  • Actions to carry out own employment management.

  • Actions to carry out own tax and accounting management.

  • Complying with the principle of storage limitation of personal data.

  • Compliance with the requirements of Regulation (EU) 2016/679 and Ley Orgánica 3/2018.

  • Carrying out the sale or provision of the contracted service.

A commercial or user profile may be created on the basis of the information provided or obtained. You are expressly informed that, under no circumstances, will profiles be created with the data of a minor.

The personal data you provide will be kept for as long as the contractual relationship lasts or, where applicable, for as long as you do not exercise your right to object or withdraw the consent given. To do so, you can go to the corresponding section on our website or send an email to the address indicated in the section on the controller.

LAWFULNESS

The legal basis for processing your data is the express consent given by means of a positive and affirmative act (filling in the corresponding form and ticking the box accepting this policy) at the time of providing us with your personal data.

By filling in the forms, ticking the box “I accept the Privacy Policy” and clicking to send the data, or by sending emails to the Company through the accounts provided for this purpose, the User states that they have read and expressly accepted this privacy policy, and gives their unequivocal and express consent to the processing of their personal data in accordance with the purposes indicated.

We are entitled to process your personal data for the following reasons:

  • Your unequivocal, informed and express consent, in those cases where it is legally required, without, under any circumstances, its withdrawal conditioning the performance of other processing operations based on a different legal basis, and without such withdrawal affecting the lawfulness of the processing carried out before its withdrawal.

  • A legal obligation of the data controller.

  • The performance of the contract for the provision of services and/or the sale of the corresponding products, entered into by you.

  • The legal basis for processing your data is a legitimate interest of the controller. This interest is supported by a prior proportionality or balancing test between the legitimate interest of the controller and the interests or rights and freedoms of the data subjects. This balancing test has involved assessing the interest, assessing the impact of the processing on the data subjects, balancing these two aspects and implementing additional safeguards. As the final balance is in favour of the controller, the processing may be carried out in accordance with the applicable personal data protection regulations. For any questions or clarification, you can contact us via the email address provided in the section on the data controller.

WHAT DATA DO WE PROCESS AND HOW HAVE WE OBTAINED IT?

Your personal data will be included in the following files, owned by the organisation:

  • FG01 Own accounting management.

  • FG02 Own employment management.

  • FG15 Own tax management. Data collection.

  • FE01 IT maintenance.

  • FE02 Occupational risk prevention.

  • FE03 Transport and shipping.

  • FE04 Own legal affairs.

  • FR01 Requests for information received.

  • FR03 Selection of own staff.

  • FR04 Advertising campaigns.

  • FR05 Emails.

  • FR07 Management of incidents and/or security breaches.

  • FR08 Gathering the opinion of data subjects.

  • FR09 Software and hardware security.

  • FE07 Destruction of documents.

  • FE08 Protection of Personal Data.

  • FP01 Customers.

The personal data we process in our organisation come from the following sources:

  • The data subject themselves.

RECIPIENTS - WHO MAY WE SHARE YOUR PERSONAL DATA WITH?

Your personal data will be disclosed to the following companies and bodies:

  • Agencia Tributaria (Spanish Tax Agency).

  • Servicio Público de Empleo Estatal (State Public Employment Service).

  • Tesorería General de la Seguridad Social (General Treasury of the Social Security).

  • Agencia Nacional de Protección de Datos (National Data Protection Agency).

  • Banks and savings banks.

  • Shopify.com

SECURITY AND CONFIDENTIALITY

As part of our commitment to guaranteeing the security and confidentiality of your personal data, we inform you that the technical and organisational measures necessary to guarantee the security of personal data and prevent its alteration, loss, processing or unauthorised access have been adopted, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed, in accordance with Art. 32 of the GDPR (RGPD) EU 679/2016.

USER RIGHTS

We guarantee the exercise of the rights to which you are entitled in relation to the processing of your personal data. In particular, we inform you that you have the right to:

  • Obtain confirmation as to whether your data are being processed.

  • Exercise the right of access to the personal data we hold, obtaining information on the purposes of the processing, the categories of data processed, the possible recipients, the retention period, the source of the data and, where applicable, any profiling or automated decision-making.

  • Exercise the right to rectification. For these purposes, we remind you that the personal data we hold must always faithfully reflect reality, so please do not hesitate to exercise your right if any data undergoes any modification, change or cancellation. You guarantee that the personal data you have provided to us by any means are true and accurate, and you undertake to notify any change or modification to them, being solely responsible for any loss or damage caused to the controller or to any third party as a result of communicating erroneous, inaccurate or incomplete information.

  • Exercise the right to rectification. For these purposes, we remind you that the personal data we hold must always faithfully reflect reality, so please do not hesitate to exercise your right if any data undergoes any modification, change or cancellation. You guarantee that the personal data you have provided to us by any means are true and accurate, and you undertake to notify any change or modification to them, being solely responsible for any loss or damage caused to the controller or to any third party as a result of communicating erroneous, inaccurate or incomplete information.

  • Request the erasure of your personal data when, among other reasons, they are no longer necessary for the purposes described above or we no longer have a legal basis for processing them.

  • Request the portability of your data, when the processing is carried out by automated means and provided that you are linked to our organisation by a contract or have given consent to the processing carried out. In these cases, you will have the right to receive your personal data in a structured, commonly used and machine-readable format, or to have them transmitted directly to another controller, where technically possible.

  • In certain circumstances, you may request the restriction of the processing of your data, in which case we will only keep them for the exercise or defence of claims.

  • Object to automated decision-making, including profiling. These rights may be exercised free of charge, except in the cases provided for by law, by means of a written request signed by you or, where applicable, by your representative, addressed to the controller at the addresses provided for this purpose in the first section, or in person at any of our establishments.

  • You also have the right to lodge complaints either with the Agencia Española de Protección de Datos (Spanish Data Protection Agency) (at the website https://www.agpd.es/) or with the relevant supervisory authority.

  • Likewise, you may go to the Courts of Justice to claim compensation.

  • Finally, you have the right to withdraw your consent as easily as you gave it. To do so, you can go to our website, where you will find the information necessary to quickly and easily cancel the authorisation you have given us to send these communications. You can also send an email to the address indicated in the section on the controller.

  • We also inform you that, for each processing of your personal data, the possible threats and the impacts that may arise from them are identified, mitigating or, where possible, eliminating the potential harm through the application of the corresponding security measures, which are periodically reviewed to determine their effectiveness. Our control system also makes it possible to comply with the principles of processing of your data, and to demonstrate to the data subject the principle of purpose limitation, the principle of storage limitation, the principle of data minimisation, and the principle of integrity and confidentiality.

  • Lastly, we also inform you that you will periodically receive surveys that will allow us to find out your opinion on any suggestion relating to the processing of your personal data, as well as to comply with the principle of transparency and accuracy of the data processed.

For any questions or clarification, you can contact us by email at: hola@luper.es