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Privacy Policy

PRIVACY POLICY

Pink Sophia  is committed to protecting your private information. Read Frank Hermanos Privacy Policy.

Last update: January 2021

OUR DATA PROTECTION AND COOKIE GUIDELINES AT A GLANCE

  • WHO WE ARE.

    Sale of goods through this website is carried out under the name.           PINK SOPHIA by Frank Hermanos Designs SL with registered address at Carrer Artur Martorell 43850 Cambrils SPAIN,  with e-mail address , support@frankhermanos.com, registered in the Register of Companies of Tarragona Spain, with Tax Identification Number B02682318 (hereinafter referred to as “FRANK HERMANOS), a corporation registered in the Spain, and we process your personal data (hereinafter referred to as "personal data" or "data") as controller. This means that we are responsible for how we process and protect your data.Frank Hermanos Designs SL, which is a subsidiary of Frank Hermanos and concludes contracts with customers who purchase items in FRANK HERMANOS's  Spain online shop at pinksophia.com, acts as processor on behalf of Frank Hermanos .

  • WHAT WE USE YOUR DATA FOR. We use your information (whether collected online or in person) to, among other things, manage your registration as a user, manage your purchases of products or services, respond to your enquiries and, if you so request, send our communications to you.
  • WHY WE USE YOUR DATA. We process your data for various reasons. The main reason is that we need to process your data in order to fulfill the contract you enter into with us when you register and when you make a purchase or use one of our services or functionalities. We also use your data for other reasons, e.g. to respond to your inquiries or to send you newsletters that you have requested from us.
  • WHO WE SHARE YOUR DATA WITH. We may share your information with service providers who provide assistance or support to us within and outside the European Union.
  • YOUR RIGHTS. You have the right to access, correct or delete your personal data. In certain cases, you are also entitled to other rights, such as to object to the use of your data or to have your data transferred, as explained in detail below.

             We encourage you to read our full privacy policy below to understand how     we use your personal information and your rights to your information.

     

    BEFORE YOU START

    • In this privacy policy you will find all relevant information that applies to our use of the personal data of our users and customers.
    • Personal data is information that relates to an identifiable natural person, such as your name, e-mail address, telephone number, postal address or the IP address of your computer. 
    • We are transparent about what we do with your personal information to help you understand the implications of the way we use your information and the rights you have in relation to your information:
      •  We will make all information contained in this Privacy Policy available to you on a permanent basis so that you can review it when you deem it appropriate, and in addition,
      • you will also find more information about how we use your information while you interact with us.
    • When we talk about our website, we generally refer to our website frankhermanos.com 

    WHO IS RESPONSIBLE FOR YOUR DATA?

    The person responsible for data processing is:

    CATEGORIES OF YOUR PERSONAL DATA

    Depending on the purpose for which we process your data from time to time, as explained above, we may need to process certain data, which are generally as follows, depending on the case:

    • Your identity data (your first and last name, your language and the country from which you are interacting with us, 
    • Your contact details (postal address, e-mail address and telephone number);
    • Your transaction details (your payment details, information about your purchases, orders, returns, etc.);
    • Connection, IP address, browsing data and geolocation (if you are interacting with us from your mobile phone and have expressly agreed to us collecting your geolocation)
    • commercial information (e.g. if you have subscribed to our newsletter); and
    • Information about your preferences 
    • Date of birth for marketing
    • Registration date of the website

    Remember that when we ask you to fill in your personal information to provide you with access to features or services on the Site, we mark certain fields as mandatory, as this is information that we need to provide the service or grant you access to the relevant features. Please note that if you choose not to provide us with this information, you may not be able to complete your user registration or be able to use these services or features.

    Depending on how you interact with our website, i.e. depending on the services, products or functionalities you wish to use, we process your personal data for the following purposes:

     

    PURPOSE

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    1.To manage your website user registration

    If you choose to become a registered user of our website, we will need to process your information to identify you as a user of the website and to provide you with access to the various functionalities, products and services available to you as a registered user. You can cancel your registered user account by sending an email to support@frankhermanos.com with the request for deletion.

    2. For the development, implementation and execution of the purchase or service agreement that you have concluded with us on the website

    This purpose mainly includes the processing of your data:

    (a) To contact you for updates or informative notifications in connection with the contractually agreed functionalities, products or services If you have subscribed to the newsletter on our website, you consent to us storing your data (name, title, e-mail address) for the purpose of creating and sending the newsletter (Art. 6(1) a GDPR). In the context of sending the newsletter, you will receive information about products, campaigns, companies. If you have subscribed to the newsletter, you also consent to the use of other data from our customer relationship - namely data from orders, your visits to our websites and surveys completed by you, if such data is available - in order to send you offers tailored to your personal interests. We use this data only in the interest of customer satisfaction. The aim is to address our customers in such a way that they feel comfortable and are not irritated by inappropriate offers;

    (b) To manage the payment of the products you purchase, regardless of the payment method used. For example:

     

    Activate the necessary precautions to control and prevent potential fraud against you and against us during the purchase process. If we believe that the transaction may be fraudulent, such processing may result in the blocking of the transaction.

    (a) To manage potential returns after items have been purchased and to manage requests for item availability information.

    (b) For billing purposes and to provide you with the waybill and invoices for purchases made through the Website.

    3. To fulfill requests or requests that you make through customer support channels via e-mail and telephone.

    We only process the personal data that is absolutely necessary to process or solve your inquiry or request.

    4. For marketing purposes.

    This purpose includes the processing of your data, mainly for:

    • If and when you subscribe to our newsletter, we process your personal information to manage your subscription, including sending you tailored information about our products or services by email, telephone or SMS, depending on your consent). We may also provide you with this information through push notifications, if you have activated them on your mobile device.

    • Please note, therefore, that this data processing implies an analysis of your user or customer profile in order to determine your preferences and thus which products and services best suit your style when you send information to them. For example, based on your purchases and browsing history (i.e., depending on the items you have clicked on), we will provide you with suggestions for products that we believe may interest you, and if you are a registered user, we will provide you with the "Recall Cart" feature.

    • Remember that you can unsubscribe at any time, free of charge, in the "Newsletter" section of the website or by clicking on the unsubscribe link in each newsletter. If you no longer wish to receive push notifications, you can also disable this option on your mobile device.

    • To conduct promotional activities (e.g. to organize contests or to send the list of stored items to the email you specify). By participating in a promotion, you authorize us to process the personal information you have provided to us in each promotion and to disclose it through various media such as social networks or the Website itself in accordance with our respective terms and conditions and your permission. For each promotion in which you participate, you will be provided with the terms and conditions in which we provide more detailed information about the processing of your personal data.

    • Distribute photos or images that you have publicly or shared with us on the Website or through our social networking channels, provided that you have expressly given us your permission to do so.

    5. Analysis of usability and quality to improve our services

    When you access our website, we inform you that we treat your browsing data for analytical and statistical purposes, i.e. to understand the way users interact with our website and to be able to introduce improvements to the website.

    In addition, we occasionally conduct quality surveys and campaigns to determine the level of satisfaction of our customers and users and to identify areas where we can introduce improvements, subject to your prior consent.



    WHAT IS THE LEGAL BASIS FOR THE PROCESSING OF YOUR DATA?

    The legal basis on which we may process your personal data also depends on the purpose for which we process it, as explained in the following table:

     

    Purpose

    Legal basis

    1. to manage your website user registration

    We process your data in connection with the contract we conclude when you register so that we can provide you with a customer account. In other words, in order for you to register as a user on the website, we need to process your personal data, otherwise we would not be able to manage your registration. The legal basis for the associated processing of your personal data is Art. 6 (1) b) GDPR (pre-contractual measures and performance of a contract).

    2. development, implementation and conclusion of the purchase or service contract

    We process your data in order to be able to fulfill the purchase or service contract that we have concluded with you, including shipping, invoicing and handling of your payment. The legal basis for the associated processing of your personal data is Art. 6 (1) b) GDPR (pre-contractual measures and fulfillment of contract).

     

    We process your data in order to carry out the necessary checks that are necessary to detect and prevent possible fraud during purchase. We believe that the processing of this information when paying for a purchase is positive for all parties involved, and especially for you, as it enables us to take measures to protect you from fraud attempts by third parties. The legal basis for the associated processing of your personal data is Art. 6 (1) f) GDPR (balancing of interests, based on our legitimate interest in offering the user secure payment processing and fraud prevention). For more information on the processing of your data for fraud protection, please visit the website of our service provider Shopify at https://help.shopify.com/en/manual/orders/fraud-analysis#fraud-analysis-indicators

     

    3. customer service

    We have a legitimate interest in responding to the requests or consultations you have made through the various existing channels of contact. We are aware that the processing of this data is also beneficial to you in that it enables us to provide you with appropriate assistance and to respond to the consultations requested. The legal basis for the associated processing of your personal data is Art. 6 (1) f) GDPR (balancing of interests, based on our legitimate interest in responding to all requests and wishes of our customers. 

    If you contact us to process incidents related to your order or the product/service purchased through the website, the processing of your data is necessary to fullfil the purchase contract. The legal basis for the related processing of your personal data is Art. 6 (1) b) GDPR (pre-contractual measures and performance of contract).

    If your consultation is in connection with the exercise of your rights, which we inform you about below, or with claims to our products or services, we will process your data to fullfil our legal obligations. The legal basis for the related processing of your personal data is Art. 6 (1) b) GDPR (pre-contractual measures and performance of a contract)

    4. marketing

    We are permitted by law to process your data for marketing purposes if you have given us your consent, e.g. if you accept to receive customer-specific information via multiple channels, if you allow us to send push notifications on your mobile device or if you accept the legal conditions to participate in a promotion or to publish your images on the site or in the channels of our social networks. You can revoke your consent at any time and without giving reasons by sending an email to support@frankhermanos.com  The legal basis for this data processing is Art. 6 para. 1 a) DSGVO in connection with your consent.

    In order to provide you with tailored information, we assume that we have a legitimate interest in profiling the information we have about you (e.g. your purchase history) and the personal data 

     you have provided us with (e.g. age group or language), 

    because we understand that processing this information is also beneficial to you by enabling you to improve your user experience and access the information according to your preferences. The legal basis for the related processing of your personal data is Article 6 (1) f) GDPR (balancing of interests, based on our legitimate interest in providing you with tailored information. You can object to such tailor-made information in accordance with the provisions of Article 21 (2) GDPR, e.g. by sending an e-mail to support@frankhermanos.com  

     

    5. analysis of usability and quality

    We believe that we have a legitimate interest in analysing the usability of the website, as we understand that the processing of this data is also beneficial to your interests, as the purpose is to improve the user experience and provide a higher quality service. The legal basis for the related processing of your personal data is Art. 6 (1) f) GDPR (balancing of interests, based on our legitimate interest to provide you with an optimized user experience.

     

     HOW LONG WILL WE KEEP YOUR DATA?

    The Period for which we keep your data depends on the purposes for which we process them, as explained below::

     

    Purpose

    Time for which the data are kept

    1. to manage your website user registration

    We will process your data for the period during which you remain a registered user (i.e. until you decide to delete your user account). Immediately thereafter, we will delete your personal data, unless the law requires or allows us to store the data for a longer period of time.

    2. development, implementation and execution of the purchase or service contract

    We will process your data for the time necessary to manage and execute the purchase of the products or services you have purchased, including any returns, complaints or claims relating to the purchase of the product or service in question. Immediately thereafter, we will delete your personal data, unless the law requires or allows us to store the data for a longer period of time.

    3. customer service

    We will process your data for the period of time necessary to fulfil your request or application. Immediately thereafter we will delete your personal data.

    4. marketing

    We will process your data until you unsubscribe the newsletter or cancel your subscription. Immediately thereafter we will delete your personal data.

    If you participate in promotions, we will retain the data for a period of six (6) months from the end of the promotion.

    5. analysis of usability and quality

    As far as we process your IP address for the purpose of analysing the usability and quality of our online shop, we usually delete the IP address after a period of six months, but at the latest after two years.

     

    Notwithstanding the fact that we will only process your data for as long as is strictly necessary to achieve the purpose in question, we will subsequently store and protect it for the time during which liability for its processing may arise, in accordance with the applicable legislation. We will delete the personal data immediately, at the latest when each of the possible actions has expired. 

    Unless otherwise stated herein, your data will only be stored for as long as it is necessary to fulfil our contractual or legal obligations or the purposes for which the data was originally collected, or as long as we have a legitimate interest in storing such data.

    In all other cases, your personal data will be deleted, unless it is data that we must retain to comply with statutory retention periods. In these cases, however, we will restrict data processing, i.e. your data will only be used to fulfil legal obligations.

    If you decide to cancel or delete your de facto account, all personal data stored in it will be deleted. If and insofar as your data cannot or must not be completely deleted for legal reasons, the data in question will be restricted for further processing. As a rule, your order and payment data and any other data are subject to statutory storage obligations, e.g. under the Spain Commercial Code and the Spain Fiscal Code. We are therefore obliged to store this data for up to ten years.

    Even if your data is not subject to the statutory storage obligations, we may, in legally permissible cases, refrain from deleting your data and instead restrict its processing. This may be the case in particular if the data in question is required for the further processing of the contract or for the assertion of rights or for legal defence. The duration of the limitation of processing is based on the statutory limitation periods. 

    DO WE PASS ON YOUR DATA TO THIRD PARTIES?

    In order to achieve the purposes stated in this data protection declaration, we must grant access to your personal data to affiliated companies of Frank Hermanos and third parties that support us in the services we offer. As an example:

    • Financial institutions,
    • facilities for fraud detection and prevention,
    • Provider of technological services,
    • Logistics, transport and delivery partners and service providers,
    • Provider of customer care services,
    • Advertising and marketing related partners and service providers.

    We have agreed standard contractual clauses approved by the EU Commission for certain providers, the content of which you can view via the following link:

    https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en

    In the event that we sell or transfer all or part of our business or assets, we may disclose your personal information to the prospective purchaser of that business or assets. If such sale or transfer occurs, we will contractually require the transferee to comply with all applicable data protection laws, including GDPR, and we will contractually require the transferee to use the personal information you provide in a manner that is at least equivalent to the level of protection set forth in our Privacy Policy. In this case, we believe that we have a legitimate interest, which is to reorganize our internal corporate structure.

    Some of the data processing described here may be carried out by external service providers acting on our behalf. The service providers mentioned here may include, in particular, computer centres that store and maintain our website and databases, IT service providers that maintain our systems, and consulting firms.

    If and to the extent that we pass on data to our service providers, this data may only be used to fulfil their tasks and obligations. The processing of your data by commissioned service providers is carried out within the framework of order processing in accordance with Article 28 GDPR. The service providers were carefully selected and commissioned by us. They are contractually bound to our instructions, have implemented appropriate technical and organisational measures to protect the rights of the persons concerned and are subject to regular checks by us. 

    If and insofar as your data is passed on to a service provider based outside the European Economic Area (EEA), we will inform you separately about this and, if applicable, about the specific guarantees on which the data transfer is based. Please contact our data protection officer if you wish to receive copies of the guarantees as proof of adequate data protection (see section 1).

    The legal basis for this data processing is Art. 6 Par. 1 f) (balancing of interests - based on our interests to expand our business and/or sell our business.

    WHAT RIGHTS DO YOU HAVE WHEN YOU PROVIDE US WITH YOUR DATA?

    We undertake to treat your personal data confidentially and to ensure that you can exercise your rights. In this sense, you can exercise your rights free of charge by sending us an e-mail to support@frankhermanos.com and simply tell us the reason for your request and the right you wish to exercise. If we deem it necessary to identify you, we may ask you to provide a copy of a document proving your identity.

    In particular, you have the following rights, regardless of the purpose or legal basis that we use to process your data:

    • To Access to your personal data stored with us. We remind you that as a registered user of the website you can also view this information in the appropriate section of your online account.
    • Around the Corrigendum the personal data stored with us. Please note that if you are a registered user of the Site, you may also access the appropriate Personal Information section of your online account to change or update your Personal Information. In any event, please note that if you actively provide us with your Personal Information by any means, you warrant that it is true and accurate and you agree to notify us of any change or modification to your Personal Information. You will be liable for any loss or damage caused to the Website or to the person responsible for the Website or to any third party as a result of reporting incorrect, inaccurate or incomplete information in the registration forms. Please remember that, as a general rule, you may only provide us with your own information, not that of third parties, except to the extent permitted by this Privacy and Cookie Policy.
    • to request that we disclose your personal data delete as far as they are no longer necessary for the purpose for which we have to further process them, as explained above, or if we are no longer legally allowed to process them.
    • To request that we process your personal data delete or Restrict which means that in certain cases you can ask us to temporarily suspend the processing of the data or to keep them longer than necessary.

    If you have given us your consent to process your data for a specific purpose, you also have the right to revoke this consent at any time. Some of the circumstances in which you may revoke your consent are listed in section 2, where we describe the purposes for which we process your data.

    If we are legally permitted to process your data on the basis of your consent or for the purposes of a contract, as explained in section 3, you also have the right to request the transferability of your personal data. This means that you have the right to receive the personal data you have provided us with in a structured, common and machine-readable format so that you can transfer it directly to another body without any obstacles on our part.

    In addition, if the processing of your data is based on our legitimate interest, you also have the right to object to the processing of your data in accordance with Art. 21 of the GDPR, by sending us an e-mail to: support@frankhermanos.com.

    Finally, we inform you that you have the right to file a complaint with the competent data protection authority.

    DATA OF MINORS

    We do not knowingly collect personal information from minors under the age of 16 through the Site. If a parent or guardian becomes aware that their child has provided us with personal information without their consent, they should contact us at support@frankhermanos.com

    If we become aware that a child under the age of 16 has provided us with personal information, we will delete that information from our files.

    CHANGES TO THE DATA PROTECTION DECLARATION

    We may change the information contained in this privacy policy when and how we deem appropriate. If we decide to do so, we will notify you through various methods on the Site (such as a banner, pop-up or push notification), or we may even send a notice to your e-mail address if the change is relevant to your privacy, so that you can review, evaluate and, if appropriate, object to a service or functionality or unsubscribe from a service or functionality. In any case, we recommend that you review this Privacy Policy from time to time if minor changes are made or we make interactive improvements, and take the opportunity to always find it as a permanent information point on our website.