MALABABA WEBSITE POLICIES
PRIVACY POLICY
I. INFORMATION IN COMPLIANCE WITH THE PROVISIONS OF LAW 34/2002, OF JULY 11, ON INFORMATION SOCIETY SERVICES AND ELECTRONIC COMMERCE
In compliance with the provisions of Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (hereinafter, LSSI-CE), the following aspects regarding the service provider of the information society are expressly, precisely, and unequivocally communicated to both the recipients of the service and the competent authorities:
NAME / BUSINESS NAME: TIENES MALABABA S.L
VAT NUMBER: B-85077436
BUSINESS ACTIVITY / PURPOSE: Design, production, and/or commercialization of fashion articles.
REGISTERED OFFICE / BUSINESS ADDRESS: C/ Santa Teresa 5 – Local – 28004 – Madrid (Madrid).
PHONE NUMBER: 91-112-35-36
EMAIL ADDRESS:web@malababa.com
WEBSITE ADDRESS: www.malababa.com
REGISTRATION DETAILS IN THE COMMERCIAL REGISTRY / PUBLIC REGISTRY: Registered in the Commercial Registry of Madrid, under volume 24.318, page 45, sheet M-437.270, entry 1
II. INFORMATION IN COMPLIANCE WITH THE PROVISIONS OF THE ORGANIC LAW ON PERSONAL DATA PROTECTION
1. PRINCIPLE OF INFORMATION
In compliance with the provisions of Article 5 of Organic Law 15/1999, of December 13, on Personal Data Protection (hereinafter, LOPD), we expressly, precisely, and unequivocally inform you that the data you provide through the forms available for this purpose on our website or through any other data collection channels, as well as any data generated during your relationship with our entity, will be processed in files under the responsibility of TIENES MALABABA, SL, duly notified to the General Registry of the Spanish Data Protection Agency, for the purpose of maintaining and fulfilling the relationship between the recipient of the service and our entity and providing the services derived from it.
Additionally, in compliance with the aforementioned LOPD and Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (hereinafter, LSSI-CE), we inform you that your data may be used for the purpose of sending you commercial and courtesy communications related to our entity through telephone, ordinary postal mail, fax, email, or equivalent electronic communication means.
Likewise, we inform you that your data will be disclosed whenever necessary for the development, fulfillment, and control of the relationship between the recipient of the service and our entity or in cases where it is authorized by a law and, in particular, in any of the following situations: a) The processing or disclosure is necessary for the satisfaction of a legitimate interest of the data controller or the transferee, protected by that law; b) The processing or disclosure of the data is necessary for the data controller to fulfill a legal obligation imposed by that law.
2. PURPOSE
At TIENES MALABABA S.L, we process the information provided by interested parties for the following purposes:
- To maintain the relationship with the customer for billing and payment purposes.
- To manage the delivery of information requested by users.
- To provide interested parties with offers of products and services of interest, as well as information about upcoming events or relevant news.
Failure to accept this purpose means that we will be unable to inform you about our news and events.
3. CONSENT PRINCIPLE
Consent for the processing of your data for the purposes described in the previous section will be understood to have been given by checking the corresponding box provided on our website.
4. MANDATORY NATURE OF THE REQUESTED DATA
Completion of all fields appearing in the forms provided on our website is mandatory (otherwise, fields that are mandatory will be marked with an asterisk). Refusal to provide your data would make it impossible to maintain and fulfill the relationship between the recipient of the service and our entity, as they are necessary for the provision of services derived from it.
5. DATA QUALITY PRINCIPLE
The service recipient is solely responsible for the accuracy and truthfulness of the data provided, while TIENES MALABABA SL acts in good faith as a mere service provider.
If the recipient provides false data or data from third parties without their consent, they will be personally liable to TIENES MALABABA S.L, the affected parties, or the Spanish Data Protection Agency, as well as to regional data protection authorities, for any responsibilities arising from such circumstances.
TIENES MALABABA SL does not collect data from persons under the age of fourteen through its website. If a person under the age of fourteen provides their data via the forms available on our website or through any other data collection channel, those data will be immediately destroyed as soon as this circumstance becomes known.
In compliance with Article 4.3 of the LOPD, the service recipient agrees to notify TIENES MALABABA S.L of any changes to their data so that they correspond accurately with their current situation at all times.
6. DATA SECURITY PRINCIPLE
TIENES MALABABA S.L commits to fulfilling its obligation to maintain confidentiality regarding personal data and its duty to safeguard them, and will adopt all necessary technical and organizational measures to ensure the security of personal data and prevent their alteration, loss, unauthorized processing, or access, taking into account the state of technology, the nature of the stored data, and the risks to which they are exposed, whether from human action or physical or natural factors, as outlined in Title VIII of Royal Decree 1720/2007 of December 21, which approves the development regulation of Organic Law 15/1999 of December 13, on Personal Data Protection.
7. EXERCISING RIGHTS
In compliance with the LOPD and Royal Decree 1720/2007 of December 21, which approves its development regulation, the service recipient may exercise their rights of access, rectification, cancellation, and opposition at any time by contacting the file controller or processor.
The exercise of these rights must be carried out in writing, accompanied by a copy of your identification document, and sent to the email address web@malababa.com.
Right to file a complaint with the Supervisory Authority: If your rights are not respected, you can file a complaint in writing to the Spanish Data Protection Agency, located at Calle Jorge Juan, 6 28001-Madrid, or use the electronic headquarters: https://sedeagpd.gob.es. In both cases, the relevant documentation must be included.
You can also refer to the Citizen's Guide published by the Spanish Data Protection Agency at the following link: CITIZEN'S GUIDE from www.agpd.es
Additionally, we remind you that you can access the European Union's online dispute resolution platform via this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
8. DATA CONTROLLER OR PROCESSOR
The data controller or processor is TIENES MALABABA S.L, with a notification address at C/ Santa Teresa 5 – Local – 28004 – Madrid (Madrid).
9. DATA RETENTION
Data for managing the customer relationship and for billing and payment purposes will be retained as long as the contract remains in force. Once this relationship has ended, the data may be retained for the time required by applicable legislation and until any possible liabilities arising from the contract have expired.
Data for sending communications about our products or services will be retained indefinitely until, if applicable, you express your desire to have them deleted.
We will not retain your personal data for any longer than necessary for the purposes outlined and will only retain the personal data necessary in relation to those purposes. Additionally, we are required to keep certain information according to law or for as long as reasonably necessary to comply with regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions.
10. RECIPIENTS
No data will be transferred to third parties, except where legally required.
No international data transfers will be made.
11. COMMERCIAL PROFILING
No "commercial profiling" will be carried out based on the information provided. No automated decisions will be made based on such a profile.
12. RIGHTS
Any person has the right to obtain confirmation of whether TIENES MALABABA S.L is processing personal data concerning them, and to access the following information: the purposes of the processing; the categories of data being processed; the recipients or categories of recipients to whom the data have been or will be communicated; if possible, the anticipated retention period of the personal data or, if not possible, the criteria used to determine that period.
Interested parties have the right to access their personal data, as well as to request the rectification of inaccurate data or, where applicable, to request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
Interested parties may request the deletion of personal data concerning them when one of the following circumstances occurs: the data is no longer necessary for the purposes for which it was collected or processed; the individual withdraws their consent and the processing is not based on another legal ground; the individual objects to the processing and there are no overriding legitimate grounds for the processing; the data has been unlawfully processed.
Under certain circumstances, interested parties may request the restriction of the processing of their data, in which case we will only retain them for the exercise or defense of claims. Under certain circumstances, and for reasons related to their particular situation, interested parties may object to the processing of their data. TIENES MALABABA S.L will cease processing the data, except for compelling legitimate reasons or for the exercise or defense of potential claims.
Interested parties have the right to data portability, which implies that the personal data of the individual is transmitted directly from one controller to another, without being previously transmitted to the individual, as long as it is technically possible.
Interested parties have the right to withdraw their consent at any time.
Exercising rights: The exercise of rights must be carried out in writing, accompanied by a copy of your identification document, and sent to the email address web@malababa.com.
Right to file a complaint with the Supervisory Authority: If your rights are not respected, you can file a complaint in writing to the Spanish Data Protection Agency, located at Calle Jorge Juan, 6 28001-Madrid, or use the electronic headquarters: https://sedeagpd.gob.es. In both cases, the relevant documentation must be included.
You can also refer to the Citizen's Guide published by the Spanish Data Protection Agency at the following link: CITIZEN'S GUIDE from www.agpd.es
These General Conditions are governed by Spanish law. The parties submit, at their choice, for the resolution of conflicts and with waiver of any other jurisdiction, to the courts and tribunals of the user's domicile.
If you wish to file a claim, you may do so through the European Online Dispute Resolution Platform.