Privacy Policy

1.- Who are we?

This website is the property of EL MODERNO CONCEPT STORE S.L. (hereinafter "EL MODERNO"), registered in the Mercantile Registry of Madrid: Entry 10/64/1 Volume 34612 Book 0, Folio 17, Section 8, Page M 622704, Inscription 1, with NIF: B87527156 and with registered address at C/ Corredera Baja de San Pablo, 19, 28004, Madrid (Madrid).

2.- Information and consent

By accepting this Privacy Policy, the user (hereinafter referred to as the "User" or the "Users") is informed and gives his/her free, informed, specific and unequivocal consent for the personal data provided through the web page located at the URL (hereinafter referred to as the "Website") to be treated by EL MODERNO, as well as the data derived from his/her navigation and any other data that he/she may provide in the future.

The User must carefully read this Privacy Policy, which has been written in a clear and simple manner in order to facilitate its understanding, and the User may freely and voluntarily determine if he/she wishes to provide his/her personal data to EL MODERNO.

3.- Obligation to provide data

The data requested in the web forms are generally obligatory (unless otherwise indicated in the required field) in order to fulfil the purposes for which they are collected. Therefore, if they are not provided or are not provided correctly, they cannot be fulfilled, without prejudice to the fact that you may be able to consult the information provided in the forms.

4.- For what purpose does EL MODERNO process the user's data?

The personal data provided through the website will be treated by EL MODERNO according to the following purposes:

4.1. Data provided to formalize a purchase.

● Management, processing, shipping and follow-up of purchases made.
● To contact the User in order to finalize the order if he/she has saved his/her shopping cart or has saved products in his/her shopping cart without finalizing the payment process.
Conduct quality and satisfaction surveys.
Send personalized commercial communications to the User about EL MODERNO products and services, by electronic and/or conventional means, unless the User opposes by checking the box enabled for this purpose on the Website.
Send commercial communications to the User, by electronic and conventional means, about products and services (i) of EL MODERNO, if the User consents to this by checking the appropriate box.
● Elaborate a commercial profile, using third party sources to offer the User products and services in accordance with his/her interests, if the User authorizes it by checking the box enabled for this purpose.
● Carry out analyses on the use of the website and check the preferences and behavior of the user in order to improve communication with the users of the website.

4.2. Data provided by out-of-stock product forms:

● To inform the user of the availability of the products in which he/she is interested and which are out of stock.
● Sending commercial communications to the user, by electronic and/or conventional means, about products and services of EL MODERNO and other companies with which EL MODERNO collaborates, if the user gives his/her consent by checking the corresponding box.
● To elaborate a commercial profile, using third party sources to offer products and services to the User according to his/her interests, if the User authorizes it by checking the box enabled for this purpose.
Carry out analysis on the use of the Website and check the preferences and behavior of the User in order to improve communication with the users of the Website.

4.3. Data provided through contact forms:

● Manage, process and respond to the User's requests, applications, incidents or queries.
● Sending commercial communications to the User, by electronic and/or conventional means, about products and services (i) of EL MODERNO and of other companies with which EL MODERNO collaborates, if the User gives his/her consent by checking the corresponding box.
● To elaborate a commercial profile, using third party sources to offer products and services to the User according to his/her interests, if the User gives his/her consent by checking the corresponding box. 
●To analyze the use of the Website and to study the preferences and behavior of the User in order to improve the communication with the users of the Website.

4.4. Data provided through collaboration forms:

● Manage relationships with collaborators or influencers.
● Sending commercial communications to the User, by electronic and/or conventional means, about products and services (i) of EL MODERNO and of other companies with which EL MODERNO collaborates, if the User gives his/her consent by checking the corresponding box.
● To elaborate a commercial profile, using third party sources to offer the User products and services according to his/her interests, if the User authorizes it by checking the box activated for this purpose.
● Carry out analysis on the use of the website and check the user's preferences and behavior in order to improve communication with the website's users.

4.5. Data provided for sending the newsletter:

● Manage the subscription and/or cancellation of the newsletter.
● Sending commercial communications to the user, by electronic and/or conventional means, about products and services (i) of EL MODERNO and of other companies with which EL MODERNO collaborates, if the user gives his/her consent by checking the corresponding box.
● To elaborate a commercial profile, using third party sources to offer the User products and services according to his/her interests, if the User authorizes it by checking the box activated for this purpose.
● Carry out analysis on the use of the website and check the user's preferences and behavior in order to improve communication with the website's users.

5.- Which data of the User will EL MODERNO process?

EL MODERNO will process the following categories of User's data:

5.1. To formalize a purchase:
● Identifying data: name, surname and ID number.
● Contact data: e-mail address, telephone number and postal address.
● Transaction data of goods and services in EL MODERNO: products and services purchased or in which the user shows interest.
● Economic and financial data: bank card.
● Navigation data.

5.2. Data provided through forms for out-of-stock products:

● Identifying data: name and surname.
● Contact data: e-mail address.
● Transaction data of goods and services in EL MODERNO: products and services in which the user shows interest.
Navigation data.

5.3. Data provided through contact forms:

● Identifying data: name and surname.
● Contact data: e-mail address, telephone number and postal address.
● Other data: data provided by the users themselves in the open fields of the forms provided on the Website.
● Navigation data.

5.4. Data provided through collaboration forms:

● Identifying data: name and surname.
● Contact data: e-mail address, telephone number and postal address.
● Navigation data.

5.5. Data provided for sending newsletters

● Identifying information: first and last name.
● Contact information: e-mail address.
● Navigation data.

5.6. Data provided to obtain discounts or to participate in promotions:

● Identifying data: name and surname(s).
● Contact details: e-mail address, telephone number and postal address.
● Transaction data of goods and services in EL MODERNO: products and services purchased or in which the user shows interest.
● Navigation data.

In the event that the User provides data of third parties, he/she declares to have the consent of the same and undertakes to transmit the information contained in the Privacy Policy, exempting EL MODERNO from any liability in this regard. However, EL MODERNO will be able to carry out periodic verifications to verify this fact, adopting the corresponding due diligence measures, according to the data protection regulations.

6.- What is the legitimacy of the treatment of the user's data by EL MODERNO?

The legitimacy of the treatment of your personal data will be as follows:

6.1. Data provided to formalize a purchase:

● Execution of the contract, management, processing, sending, follow-up of purchases made and contacting the user to finalize the order if he/she has saved his/her shopping cart or has saved products in his/her shopping cart without finalizing the order process.
● Legitimate interest to carry out quality and satisfaction surveys and to send personalized commercial communications, by electronic and/or conventional means, about EL MODERNO products and services.
● Consent to the elaboration of a commercial profile, with the use of third party sources, in order to offer the user products and services that correspond to his/her interests.

6.2. Data provided through forms for out-of-stock products:

● Consent to inform the User of the availability of products in which he/she is interested and which are out of stock.
● Consent to send commercial communications by electronic and conventional means about products and services of EL MODERNO and of third parties or other collaborating companies.
● Consent to the elaboration of a commercial profile, using third party sources, in order to offer the user products and services according to his/her interests.

6.3. Data provided through contact forms:

● Consent to manage, process and respond to the user's requests, applications, incidents or queries.
● Consent to send commercial communications by electronic and conventional means about products and services of EL MODERNO and third parties or other collaborating companies.
● Consent to the elaboration of a commercial profile, using third party sources, in order to offer products and services to the User according to his/her interests.

6.4. Data provided through collaboration forms:

● Execution of the contract to manage the relationship with collaborators or influencers.
● Consent to send commercial communications by electronic and conventional means about products and services of EL MODERNO and third parties or other collaborating companies.
● Consent to the elaboration of a commercial profile, using third party sources, in order to offer the user products and services according to his interests.

6.5. Data provided for sending the newsletter:

● Consent to manage the subscription and/or unsubscription of the newsletter, through the channel provided in the website.
● Consent to the sending of commercial communications, by electronic and conventional means, about products and services of EL MODERNO and third parties or other collaborating companies.
● Consent to the elaboration of a commercial profile, using third party sources to offer products and services to the user according to his interests.

6.6. Data provided to obtain discounts or participate in promotions:

● Consent to manage the promotion and make the discount or promotion effective.
● Consent to send commercial communications by electronic and conventional means about products and services of EL MODERNO and third parties or other collaborating companies.
● Consent to the elaboration of a commercial profile, using third party sources to offer the user products and services according to his interests. The consents obtained for the above-mentioned purposes are independent, so that the user can revoke only one of them without affecting the others. To revoke said consent, the User may contact EL MODERNO through the contact form https://elmoderno.es/pages/contacto.

7.- To which recipients will the user's data be communicated?

The user's data may be communicated to

● Public administrations in the cases provided for by law.
● Companies related to the marketing sector or belonging to the Adigital, telecommunications, financial, leisure, mass consumption, automotive, energy and water, NGOs, jewelry and precious stones sectors, in order to send the User commercial communications, by electronic and conventional means, related to the aforementioned sectors, provided that the User authorizes this by ticking the appropriate box.

8.- International data transfers

The User is informed that EL MODERNO has contracted the services of Shopify, Google, Microsoft, Dropbox, Mailchimp and Amazon Web Services, whose servers are hosted in the USA, which implies an international transfer of data. However, the international transfers of data are regularized because the aforementioned entities adhere to the Privacy Shield protocol.

9.- Retention of data

The user's data will be kept for the following periods:

9.1. Data provided to formalize a purchase:

● Data provided for the management, processing, shipment and follow-up of purchases made will be kept for the duration of the contractual relationship and, after termination of the contractual relationship, for the duration of the statute of limitations for any legal actions that may arise from the same.
● Data used to contact the user to finalize the order if you have saved your shopping cart or saved products in your shopping cart without finalizing 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 forms for products that are not in stock will be treated until the communication is sent to the user indicating that the product is in stock and, if it is not in stock, for six (6) months.

9.3. Data provided through contact forms, will be kept for the period necessary to process and answer your request and, once completed, during the limitation period of legal actions arising from this request.

9.4. Data provided through collaboration forms, will be kept during the contractual relationship and, once it is terminated, for the period of limitation of legal actions that may arise from it.

9.5. The data provided for the sending of newsletters will be kept until the user revokes the consent given for this purpose.

9.6. Data provided to obtain discounts or to participate in promotions will be kept until the end of the promotion and, after the end of the promotion, for the period of limitation of any legal actions that may arise from it.

9.7. Data used to send commercial communications will be kept until the user objects or revokes his or her consent.

9.8 Data used to carry out profiling, using third party sources, will in no case refer to a period exceeding three (3) years.

10.- Commercial and advertising communications

One of the purposes for which EL MODERNO treats the personal data provided by the users is to send them commercial communications with information related to products, services, promotions, offers, events or news relevant to the users.

If the user wishes to stop receiving commercial or advertising communications from EL MODERNO, he/she may request the cancellation of the service by sending an e-mail to the following address: hello@elmoderno.es.

11.- Responsibility of the user

The User:
● Guarantees that he/she is over sixteen (16) years of age and that the data provided to THE MODERN is true, accurate, complete and updated. For these purposes, the User is responsible for the truthfulness of all the data he/she communicates and will keep the information provided updated in a convenient manner so that it corresponds to his/her real situation.
● Guarantees that he/she has informed the third parties from whom he/she provides his/her data, if he/she does so, of the aspects contained in this document. You also guarantee that you have obtained their authorization to provide their data to EL MODERNO for the purposes indicated.
● You will be responsible for any false or inaccurate information you provide through the website and for any damages, direct or indirect, that may be caused to EL MODERNO or third parties.

12.- Exercise of rights

The User may, at any time and free of charge, send a letter to EL MODERNO, to the address indicated in the heading of this policy, or by e-mail to the address hello@elmoderno.es, attaching a photocopy of his/her identity document, in order to
● Withdraw the consent given.
● Obtain confirmation of the existence or not of the processing of personal data by EL MODERNO.
● Access its personal data.
● Correct inaccurate or incomplete data.
● Request the cancellation of their data when, among other reasons, they are no longer necessary for the purposes for which they were collected.
● Obtain from EL MODERNO the restriction of data processing when one of the conditions foreseen by the Privacy Code is met.
● Request the portability of the data provided by the User in the cases provided for by the Regulations.
● Contact the Data Protection Officer of EL MODERNO at the following address: hello@elmoderno.es.
● file a claim regarding the protection of their personal data with the Spanish Data Protection Agency at the address C/ Jorge Juan, 6, 28001 - Madrid, if the interested party considers that EL MODERNO has violated the rights recognized by the applicable regulations on data protection.

13.- Security measures

EL MODERNO will at all times treat the User's data with the utmost confidentiality and respect for the obligation of secrecy, in accordance with the provisions of the applicable regulations, adopting the necessary technical and organizational measures to guarantee the security of the data and avoid their alteration, loss, treatment or unauthorized access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed.

14.- Modifications

EL MODERNO reserves the right to revise its privacy policy at any time it deems appropriate, in which case it will be communicated to the users. For this reason, we encourage you to periodically visit this page to read the latest version of EL MODERNO's Privacy Policy.

15.- Acceptance and Consent

The User declares to have been informed of the conditions regarding the protection of personal data, and accepts and consents to the automated treatment of the same by EL MODERNO, in the manner and for the purposes indicated in this Privacy Policy.