Privacy Policy
1.- Who are we?
This website is owned by EL MODERNO ART SHOP S.L. (hereinafter, "EL MODERNO GALLERY"), registered in the Mercantile Registry of Madrid: entry 10/190/18 Volume 45264 Book 0, Folio 20, Section 8, Sheet M 796294, Inscription 1, YEAR 2023, with VAT number: B13795182 and with registered office at C/ de la Cava Baja, 47, 28005, Madrid (Madrid).
2.- Information and Consent
By accepting this Privacy Policy, the user (hereinafter, the "User" or "Users") is informed and gives their free, informed, specific, and unequivocal consent for the personal data provided through the website located at the URL (hereinafter, the "Website") to be processed by EL MODERNO GALLERY, as well as data derived from their navigation and any other data they may provide in the future.
The User must carefully read this Privacy Policy, which has been drafted clearly and simply to facilitate understanding, allowing the User to determine, freely and voluntarily, whether they wish to provide their personal data to EL MODERNO GALLERY.
3. Obligation to provide data
The data requested in the forms on the Website are generally mandatory (unless otherwise specified in the required field) to fulfill the purposes for which they are being collected. Therefore, if they are not provided or not provided correctly, these purposes cannot be fulfilled, without prejudice to the User's ability to freely view the content of the Website.
4.- For what purposes will EL MODERNO GALLERY process the User's data?
The personal data provided through the Website will be processed by EL MODERNO GALLERY for the following purposes:
4.1. Data provided to formalize a purchase:
- Manage, process, send, and follow up on purchases made.
- Contact the User to finalize the order if they have saved their shopping cart or saved products in their shopping cart without completing the payment process.
- Conduct quality and satisfaction surveys.
- Send personalized commercial communications to the User about products and services of EL MODERNO GALLERY, by electronic and/or conventional means, unless the User objects by checking the corresponding box on the Website.
- Send commercial communications to the User, by electronic and conventional means, about products and services of EL MODERNO GALLERY if the User gives consent by checking the corresponding box.
- Create a commercial profile, using third-party sources to offer the User products and services according to their interests, if the User authorizes this by checking the box provided.
- Analyze the use of the Website and check the preferences and behaviors of the User to improve communication with Website Users.
4.2. Data provided through out-of-stock product forms:
- Inform Users of the availability of products they were interested in that were out of stock.
- Send commercial communications to the User by electronic and/or conventional means about products and services of EL MODERNO GALLERY and other companies collaborating with EL MODERNO GALLERY if the User gives consent by checking the corresponding box.
- Create a commercial profile, using third-party sources to offer the User products and services according to their interests, if the User authorizes this by checking the box provided.
- Analyze the use of the Website and check the preferences and behaviors of the User to improve communication with Website Users.
4.3. Data provided through contact forms:
- Manage, process, and respond to User requests, inquiries, incidents, or consultations.
- Send commercial communications to the User by electronic and/or conventional means about products and services of EL MODERNO GALLERY and other companies collaborating with EL MODERNO GALLERY if the User gives consent by checking the corresponding box.
- Create a commercial profile, using third-party sources to offer the User products and services according to their interests, if the User authorizes this by checking the box provided.
- Analyze the use of the Website and check the preferences and behaviors of the User to improve communication with Website Users.
4.4. Data provided through collaboration forms:
- Manage the relationship with collaborators or influencers.
- Send commercial communications to the User by electronic and/or conventional means about products and services of EL MODERNO GALLERY and other companies collaborating with EL MODERNO GALLERY if the User gives consent by checking the corresponding box.
- Create a commercial profile, using third-party sources to offer the User products and services according to their interests, if the User authorizes this by checking the box provided.
- Analyze the use of the Website and check the preferences and behaviors of the User to improve communication with Website Users.
4.5. Data provided for Newsletter subscription:
- Manage the subscription and/or unsubscribe from the Newsletter.
- Send commercial communications to the User by electronic and/or conventional means about products and services of EL MODERNO GALLERY and other companies collaborating with EL MODERNO GALLERY if the User gives consent by checking the corresponding box.
- Create a commercial profile, using third-party sources to offer the User products and services according to their interests, if the User authorizes this by checking the box provided.
- Analyze the use of the Website and check the preferences and behaviors of the User to improve communication with Website Users.
4.6. Data provided for discounts or participation in promotions:
- Manage and carry out the promotion, as well as manage its development.
- Send commercial communications to the User by electronic and/or conventional means about products and services of EL MODERNO GALLERY and other companies collaborating with EL MODERNO GALLERY if the User gives consent by checking the corresponding box.
- Create a commercial profile, using third-party sources to offer the User products and services according to their interests, if the User authorizes this by checking the box provided.
- Analyze the use of the Website and check the preferences and behaviors of the User to improve communication with Website Users.
5.- What data of the User will EL MODERNO GALLERY process?
EL MODERNO GALLERY will process the following categories of User data:
5.1. To formalize a purchase:
- Identifying data: name, surnames, and ID.
- Contact data: email address, telephone number, and postal address.
- Transaction data for goods and services at EL MODERNO GALLERY: products and services purchased or inquired about by the User.
- Economic and financial data: bank card.
- Navigation data.
5.2. Data provided through out-of-stock product forms:
- Identifying data: name and surnames.
- Contact data: email address.
- Transaction data for goods and services at EL MODERNO GALLERY: products and services the User is interested in.
- Navigation data.
5.3. Data provided through contact forms:
- Identifying data: name and surnames.
- Contact data: email address, telephone number, and postal address.
- Other data: data provided by Users in open fields of the forms on the Website.
- Navigation data.
5.4. Data provided through collaboration forms:
- Identifying data: name and surnames.
- Contact data: email address, telephone number, and postal address.
- Navigation data.
5.5. Data provided for Newsletter subscription:
- Identifying data: name and surnames.
- Contact data: email address.
- Navigation data.
5.6. Data provided for discounts or participation in promotions:
- Identifying data: name and surnames.
- Contact data: email address, telephone number, and postal address.
- Transaction data for goods and services at EL MODERNO GALLERY: products and services purchased or inquired about by the User.
- Navigation data.
If the User provides third-party data, they declare to have the consent of those individuals and commit to conveying the information contained in the Privacy Policy, releasing EL MODERNO GALLERY from any responsibility in this regard. However, EL MODERNO GALLERY may conduct periodic verifications to verify this, adopting the due diligence measures required by data protection regulations.
6.- What is the legitimacy of EL MODERNO GALLERY's processing of User data?
The legitimacy of the processing of personal data will be as follows:
6.1. Data provided to formalize a purchase:
- Execution of the contract, to manage, process, send, and follow up on purchases, and contact the User to finalize the order if they have saved their shopping cart or saved products in their shopping cart without completing the payment process.
- Legitimate interest, to conduct quality and satisfaction surveys and for sending personalized commercial communications, by electronic and/or conventional means, about products and services of EL MODERNO GALLERY.
- Consent, to create a commercial profile using third-party sources to offer the User products and services according to their interests.
6.2. Data provided through out-of-stock product forms:
- Consent, to inform Users of the availability of products they were interested in that were out of stock.
- Consent, for sending commercial communications by electronic and conventional means about products and services of EL MODERNO GALLERY and third-party entities, or other collaborating companies.
- Consent, to create a commercial profile using third-party sources to offer the User products and services according to their interests.
6.3. Data provided through contact forms:
- Consent, to manage, process, and respond to User requests, inquiries, incidents, or consultations.
- Consent, for sending commercial communications by electronic and conventional means about products and services of EL MODERNO GALLERY and third-party entities, or other collaborating companies.
- Consent, to create a commercial profile using third-party sources to offer the User products and services according to their interests.
6.4. Data provided through collaboration forms:
- Execution of the contract, to manage the relationship with collaborators or influencers.
- Consent, for sending commercial communications by electronic and conventional means about products and services of EL MODERNO GALLERY and third-party entities, or other collaborating companies.
- Consent, to create a commercial profile using third-party sources to offer the User products and services according to their interests.
6.5. Data provided for Newsletter subscription:
- Consent, to manage the subscription and/or unsubscribe from the Newsletter, made through the channel provided on the Website.
- Consent, for sending commercial communications by electronic and conventional means about products and services of EL MODERNO GALLERY and third-party entities, or other collaborating companies.
- Consent, to create a commercial profile using third-party sources to offer the User products and services according to their interests.
6.6. Data provided for discounts or participation in promotions:
- Consent, to manage the promotion and apply the discount or promotion.
- Consent, for sending commercial communications by electronic and conventional means about products and services of EL MODERNO GALLERY and third-party entities, or other collaborating companies.
- Consent, to create a commercial profile using third-party sources to offer the User products and services according to their interests. The consents obtained for the mentioned purposes are independent, so the User may revoke only one of them without affecting the others. To revoke such consent, the User may contact EL MODERNO GALLERY through the contact form https://elmodernogallery.com/pages/contacto.
7.- With which recipients will the User's data be shared?
User data may be communicated to:
- Public Administrations in cases provided by law.
- Companies related to the marketing sector or belonging to Adigital, telecommunications, finance, leisure, mass consumption, automotive, energy and water, NGOs, jewelry and gemstones, to send Users commercial communications, by electronic and conventional means, related to these sectors, provided that the User authorizes it by checking the corresponding box.
8.- International data transfers
The User is informed that EL MODERNO GALLERY has contracted the services of Shopify, Google, Microsoft, Dropbox, Mailchimp, and Amazon Web Services, whose servers are located in the USA, which implies an international data transfer. However, international data transfers are regularized since the mentioned entities adhere to the Privacy Shield Protocol.
9.- Data retention
User data will be kept for the following periods:
9.1. Data provided to formalize a purchase:
- Data provided to manage, process, send, and follow up on purchases will be kept during the contractual relationship and, once it is finished, during the prescription period of legal actions that may arise from it.
- Data used to contact the User to finalize the order if they have saved their shopping cart or saved products in their shopping cart without completing the payment process will be kept for 180 days.
- Data related to satisfaction and quality surveys will be kept for five (5) years.
9.2. Data provided through out-of-stock product forms will be processed until the communication is sent to the User, indicating that the product is in stock, and, if it does not come into stock, for six (6) months.
9.3. Data provided through contact forms:
- Data will be kept for the time necessary to process and respond to the User's request and, once it is finished, during the prescription period of legal actions arising from the aforementioned request.
9.4. Data provided through collaboration forms:
- Data will be kept during the contractual relationship and, once it is finished, during the prescription period of legal actions that may arise from it.
9.5. Data provided for Newsletter subscription will be kept as long as the User does not revoke the consent given for this purpose.
9.6. Data provided for obtaining discounts or participating in promotions will be retained until the promotion ends and, once concluded, during the statutory limitation period for any legal actions that may arise from it.
9.7. Data used for sending commercial communications will be processed until the User objects or revokes their consent.
9.8. Data used for profiling, using third-party sources, will in no case be retained for a period exceeding three (3) years.
10.- Commercial and Promotional Communications
One of the purposes for which EL MODERNO GALLERY processes the personal data provided by Users is to send them commercial communications with information about products, services, promotions, offers, events, or news relevant to Users.
If the User wishes to stop receiving commercial or promotional communications from EL MODERNO GALLERY, they can request to unsubscribe from the service by sending an email to the following email address: hello@elmodernogallery.com
11.- User Responsibility
The User:
- Guarantees that they are over sixteen (16) years old and that the data provided to EL MODERNO GALLERY is true, accurate, complete, and up-to-date. For these purposes, the User is responsible for the truthfulness of all communicated data and will keep the provided information properly updated to reflect their real situation.
- Ensures that they have informed third parties, if applicable, about the aspects contained in this document and guarantees that they have obtained their authorization to provide their data to EL MODERNO GALLERY for the specified purposes.
- Will be responsible for false or inaccurate information provided through the Website and for any direct or indirect damages caused to EL MODERNO GALLERY or third parties.
12.- Exercise of Rights
The User can send a written request to EL MODERNO GALLERY, to the address indicated in the header of this Policy, or by email to hello@elmodernogallery.com, attaching a copy of their identification document, at any time and free of charge, to:
- Revoke granted consents.
- Confirm whether EL MODERNO GALLERY is processing personal data concerning the User.
- Access their personal data.
- Rectify inaccurate or incomplete data.
- Request the deletion of their data when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
- Obtain from EL MODERNO GALLERY the limitation of data processing under certain conditions provided by data protection regulations.
- Request data portability in cases provided by regulations.
Contact EL MODERNO GALLERY's DPO at the following address: hello@elmodernogallery.com
- File a complaint regarding the protection of their personal data with the Spanish Data Protection Agency at the address C/ Jorge Juan, 6, 28001 - Madrid, if the data subject believes that EL MODERNO GALLERY has violated their rights under applicable data protection laws.
13.- Security Measures
EL MODERNO GALLERY will treat User data at all times in absolute confidence and will observe the necessary duty of secrecy, in accordance with applicable regulations. The company will implement the technical and organizational measures necessary to ensure the security of the data, preventing its alteration, loss, unauthorized processing, or access, taking into account the state of technology, the nature of the stored data, and the risks they are exposed to.
14.- Changes
EL MODERNO GALLERY reserves the right to review its Privacy Policy when deemed appropriate, in which case it will be communicated to Users. For this reason, we ask that you regularly check this privacy statement to read the most recent version of EL MODERNO GALLERY's Privacy Policy.
15.- Acceptance and Consent
The User declares to have been informed of the conditions regarding the protection of personal data, accepting and consenting to the automated processing of such data by EL MODERNO GALLERY, in the manner and for the purposes indicated in this Privacy Policy.