Privacy Policy

GENERAL INFORMATION
Omotesando Plants, company of Joan Català Margarit autonomous with DNI 53291031P is the owner of the website located at the domain name omotesandoplants.com and is the Data Controller.
We have designated a privacy officer who is responsible for overseeing questions related to this privacy notice. If you have any questions about this privacy notice, including requests to exercise your rights, please contact the privacy officer using the contact details below.

Name of the person responsible for privacy: Joan Català Margarit
E-mail address: info@omotesandoplants.com

The User has the right to submit a complaint at any time to his/her local Supervisory Authority. However, we would appreciate it if you would give us the opportunity to deal with your disagreements before you contact your Supervisory Authority, so please contact us in the first instance.

This Privacy Policy applies to the Website, meaning all pages and sub-pages included in the Website, as well as any communications between our customers and users and the Company (via contact forms, emails, telephone). Omotesando Plants disclaims any responsibility for the different privacy policies and protection of personal data that may contain the web pages that can be accessed through the hyperlinks located on this Website and not directly managed by Omotesando Plants.
This policy has been configured in strict compliance with current legislation on the protection of personal data, that is, among others, Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data (GDPR).

2. COLLECTION AND PROCESSING OF PERSONAL DATA
We do not collect any personal data if you are only browsing the Website, except as described in our "Cookies Policy".

Data:
We collect the following categories of data:
- Identity Data: includes name, user name or similar identifier.
- Contact Data: includes address, email address and telephone numbers.
- Financial Data: includes credit card details.
- Transaction Data: includes details of payments to and from you and details of purchases and shipments.
- Technical Data: includes IP address, location data, your login details.
- Profile Data: includes your username and password, bookings made by you, your interests and preferences.
- Usage Data: includes information about how you use our website and our services.
- Marketing and Communications Data: includes your preferences for receiving marketing from us.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregate data may be derived from your personal data, but is not considered personal data by law, as this data does not directly or indirectly reveal your identity.
We do not collect any special categories of personal data about you (this includes details about your race or ethnic origin, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health information and genetic and biometric data).

If you do not provide personal data
If we need to collect personal data from you by law or under the terms of a contract with you and you do not provide such data when requested, we may not be able to perform the contract we have entered into or intend to enter into with you. In this case, we will not be able to provide you with our services.

HOW IS YOUR PERSONAL DATA COLLECTED?
We use a variety of methods to collect data from and about you. These methods include:
Direct interactions. You may provide us with your personal data by registering or communicating with us. This includes personal data you provide when:
- you place an order
- you subscribe to our service or publications;
- you request that we send you marketing; or
- you provide us with feedback.

Automated technologies or interactions. When you interact with our website, we may automatically collect technical data about your computer, browsing actions and patterns. Some of the ways we or our website may collect such information are described below:

Cookies and other technologies: the website may use cookies, a type of technology that installs a small amount of information on a user's computer or other device to allow a website, for example, to recognize future visits using that computer or device. The website may use other similar technologies (including, but not limited to, tracking pixels, as described below, and other anonymous identifiers) to collect personal data, such as IP addresses and location data, to personalize your visit, to allow us to improve our service, or for other purposes. Please see our Cookie Policy for more details.

Purposes
In accordance with the provisions of the GDPR and its implementing regulations, Omotesando Plants informs our customers and users that the data provided to us (through the Website and other communications) will be processed by Omotesando Plants as Data Controller. Such data will be processed for the purpose of:

- provide our services and
- manage relationships and communications with our customers and users of the Web Site,
- respond to your direct inquiries.
- conduct our business contacts with other people who communicate with us regarding Omotesando Plants.
- For our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
- to comply with a legal or regulatory obligation on the company
This personal data may also be processed for the purpose of business analysis and prospecting, generating customer/user profiles.
In case you expressly accept it (by ticking the corresponding box, i.e. provided that you have previously given your consent and have not objected), we may send you, by electronic, postal and telephone means (including SMS alerts, or other similar means of messaging) personalized commercial information that may be of interest to you about products or services related to those offered by Omotesand Plants as well as participate in satisfaction surveys. You may withdraw your consent at any time by writing to us at the email address above.
The legitimate bases for processing this data are:
- the performance of a contract with the registered user and the purchaser of products and services, or to take action at your request prior to entering into such a contract
- our legitimate interest in knowing our customers and their preferences, and conducting commercial prospecting. We ensure that we consider and balance any potential impact on you (both positive and negative) and your rights before processing your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact such use has on you (unless we have your consent or are otherwise required or permitted by law). You can learn more about how we assess our legitimate interests in order to avoid any potential impact on you, with respect to specific activities, by making any queries you consider appropriate at the following email account
- To comply with a legal or regulatory obligation means to process your personal data where necessary to comply with a legal or regulatory obligation to which we are subject
- express informed consent, particularly for sending commercial emails, offers and newsletters.

Disclosure of your data
Personal data collected through the Website and communications with us will not be disclosed to any third party, except (a) in specific cases where such disclosure is covered by the LOPD (b) according to your instructions in order to provide our services properly, and (c) in accordance with a legal obligation under the law, regulations and applicable rules established. They may only be accessed by Omotesando Plants staff, as well as by those third parties who provide services to Omotesando Plants related to the above purposes; or in case of audit of the information in the context of the sale or other corporate transaction.

However, we may need to share your personal information with the following parties:
- Service providers acting on our behalf.
- Transportation and customer service companies
- Third parties with whom we may choose to sell, transfer or merge parts of our business or assets. Alternatively, we may seek to acquire other companies or merge with them, if we are part of a bankruptcy proceeding or other change of control.
- Third parties with whom we must share your information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the policies of the website.
- We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only allow them to process your personal data for specified purposes and in accordance with our instructions.

Data quality
Users must notify Omotesando Plants of any changes in the data provided, responding in any case of the truthfulness and accuracy of the data provided at all times. Omotesando Plants will diligently seek to verify the veracity of such data, reserving, where appropriate and without prejudice to other actions that may apply, the right not to register or deregister those users who provide false or incomplete data. Such prior verification does not imply in any case the assumption by Omotesando Plants of any liability for damages that may arise from the falsity or inaccuracy of the data provided, for which only the user will be liable.

Data quality
Security
Omotesando Plants guarantees that it has adopted the legally required levels of security for the protection of personal data, and has installed all the technical, personal and organizational means and measures within its reach to guarantee the confidentiality, integrity and quality of the information, as well as to avoid the loss, misuse, alteration, unauthorized access and theft of the personal data provided.

Data Quality
Retention
We will only retain your personal data for as long as is necessary to fulfill the purposes for which we collected it, including to comply with legal, accounting or reporting requirements. In determining the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, whether we can achieve those purposes through other means, and applicable legal requirements. In some circumstances, you may ask us to delete your data: see Delete requests below for more information. In some circumstances, we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use and retain this information indefinitely without notice.
IMPORTANT NOTICE: To be part of the Omotesando Plants customer and registered user community and to be able to register, the USER must be at least eighteen (18) years of age. Therefore, by completing the registration form, the USER guarantees that he/she is at least eighteen (18) years old and will be fully responsible for this statement. Omotesando Plants may require the USER, at any time, to verify his/her age by providing the corresponding identification document.

3. DATA OF FLOWER SHIPMENT RECIPIENTS
In the use of the Services, the customer/user must provide us with personal data of the recipients of the plant and other shipments that he/she orders from us ("Third Party Data"). The customer/user is solely responsible for this Third Party Data, as "Data Controller" to the extent that such processing is regulated by the GDPR and its implementing regulations. Through the Website, the Company provides a delivery service that includes the processing of such Third Party Data on behalf of and for the account of the customer, with the Company acting as "Data Processor" (for the purposes of providing the Service).
To the extent that the Company is a "Processor", it undertakes to (a) implement technical and organizational measures to safeguard the Third Party Data from any unauthorized or unlawful access, loss, destruction, theft, use or disclosure; (b) limit access to the Third Party Data only to those employees and third party providers who need to know the Third Party Data to enable the Company to provide the Services to perform the contract with the Company (in particular to shipping and courier companies that collaborate with the Company); (c) only process the personal data specified in this Policy in accordance with the instructions provided by the user, which include the User Account settings and your instructions (orders on the Website), and (d) not use the Third Party Data for purposes other than in connection with the provision of the Services or in accordance with these instructions.
You warrant that you are authorized to provide us with such Third Party Data and indemnify us against any damages (including fines and penalties) in respect of the processing of such data in the course of providing our services.
Except as stated (for the purposes of submissions), we will not disclose the Third Party Data to any third party without the prior written consent of you or the Third Party in question.
Upon expiration or termination of the provision of the Service, termination of the User Account, or at the express request of the customer/user, the Company will cease processing any Third Party Data associated with your account and will delete it, as indicated in the Terms of Use. Notwithstanding the foregoing, if the Third Party has an account with us, their Data will continue to be processed by the Company in the provision of the Service to this new user.

4. USERS' RIGHTS
OPT OUT
How to opt out of our messages
To unsubscribe from any future promotional messages from us, you must send us an unsubscribe request to info@omotesandoplants.com. If you do not want personal data to be shared with third parties so that they may use such information for direct marketing purposes, you may opt-out of receiving such disclosure by sending an email to info@omotesandoplants.com. We will deal with your request within a reasonable time after receipt. Please note that if you opt out of unsubscribing or receiving communications from third parties, certain aspects of the website may no longer be available to you. Under data protection laws in relation to your personal data, you have the right to:
- Request access to your personal data (commonly known as a "data subject access request"). This allows you to receive a copy of the personal data we hold about you and to verify that we are lawfully processing it.
- Request correction of the personal data we hold about you. This allows you to correct any incomplete or inaccurate data we hold about you, although we may need to verify the accuracy of the new data you provide to us.
- Request the erasure (cancellation) of your personal data. This allows you to ask us to delete your personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete your personal data where you have successfully exercised your right to object to the processing (see below), where we may have processed your information unlawfully or where we are required to delete your personal data in compliance with local law. However, please note that we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to the processing of your personal data where even if you have a legitimate interest (or that of a third party) there is something about your particular situation that makes you want to object to processing in this area because you believe it has an impact on your fundamental rights and freedoms. You also have the right to object when we process your personal data for direct marketing purposes. In some cases, we may be able to demonstrate that we have legitimate and well-founded interests in processing your information that override your rights and freedoms.
- Request restriction of the processing of your personal data. This allows you to ask us to stop processing your personal data in the following scenarios: (a) if you want us to establish the accuracy of the data; (b) where our use of the data is unlawful but you do not want us to delete it; (c) where you need us to retain the data, even if we no longer need it to exercise or defend legal claims; or (d) you have objected to our use of your data, but we must verify whether we have legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide you, or a third party you have chosen, with your personal data in a structured, commonly used and readable format. Please note that this right only applies to automated information that you authorized us by consent to use, as well as information necessary to enter into any contract with you.
- Withdraw consent at any time where we rely on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide you with certain products or services. We will notify you if this is the case at the time you withdraw consent.

Any request should be sent to info@omotesandoplants.com. This right extends to Third Party Data, to the extent that we hold your data on our systems You will not have to pay any fees to access your personal data (or to exercise any of the other rights). However, we may charge you a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and secure your right to access your personal data (or exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to anyone who is not entitled to receive it. We may also contact you to request further information in relation to your request in order to expedite our response.

5. USE OF COOKIES
The Website uses cookies for the purpose of providing certain services and functions, as well as to help users improve their online experience and tailor advertising offers. You can find more information about this in our Cookie Policy.

6. MODIFICATIONS TO THE PRIVACY POLICY
Omotesando Plants reserves the right to modify this Privacy Policy in accordance with the applicable legislation at all times. Therefore, we recommend that you periodically review this Privacy Policy to be informed of how we treat and protect the personal data you provide to us.

7. COMMERCIAL COMMUNICATIONS
In addition to the above, in compliance with the provisions of 21 of the LSSI we inform you that when there is a prior contractual relationship, the email data provided by the user may be used for sending commercial communications relating to products or services that are initially the subject of the contract with the customer.
There is the possibility of opposing the sending of commercial communications both at the time of purchase, as in each of the commercial communications that are addressed to them, all free of charge.
By objecting, the user will indicate not to consent that their personal data are processed and communicated for commercial and advertising purposes, regarding products, services, offers, promotions on products similar to those contracted; conduct surveys, statistics and analysis of market trends; and develop profiles of the User in order to customize and improve the service Omotesando Plants.

8. CONTACT
At any time the user can contact us, as well as unsubscribe from the service by sending a request to info@omotesandoplants.com.