3. COMMERCIAL MAILINGS
At Ladybird we will process the data you supply us with in order to send you commercial mailings where we have obtained your prior consent for this. If you give your consent we will send you information, advertising, surveys, invitations to events or promotions concerning products or services relating to the activity of Ladybird. At the moment of data being gathered you may as a Customer decide whether or not you wish to receive this type of mailing from us, and you may always withdraw your consent at any time.
If you agree to us sending you commercial mailings electronically (email, SMS, instant messaging or social networks among others), you must bear in mind that all mailings sent by Ladybird may be adapted and personalised according to your interests, either on the basis of the products and services you have ordered or for example any data we can deduce or obtain from your browsing habits, interest in particular content or reaction to our mailings, as explained in the section above “Preparation of Profiles”.
This personalisation is partially automated in the sense that Ladybird determines the parameters of the personalisation but it is the technological platform which generates the Customer profile. As a general rule we do not send general mailings not segmented by way of this process as we think it is in the interests of both Ladybird and our Customers to send and receive information which is relevant, and because not segmenting would not alter the number of mailings received, only their content. In this regard if you do not wish to be segmented for advertising purposes we would ask you not to subscribe to Ladybird mailings or the Newsletter.
The commercial mailings sent electronically referred to above may be sent by the following channels:
- Mailings by email, SMS or MMS o direct messaging (whatsapp, telegram, Facebook Messenger, direct messages in forum or social network applications, etc):
If we have the relevant information (email, mobile telephone number, etc.) we can send you commercial mailings by these means. As a general rule the channel of communication will be just email, wherever possible, although some messages may be sent by another of the means indicated (e.g. the sending of reminders, events or surveys).
- Commercial mailings in third party platforms (e.g. social networks):
Some third party platforms (i.e. websites, communities or applications, for example) allow other advertisers, such as Ladybird, to use the platforms to advertise directly to Ladybird customers who also have a user account in the platform.
For this the platform may require the advertiser (Ladybird) to prove the identity of its Customers, providing basic identification data such as for example an email address or a telephone number in an encrypted form protected by way of tools provided by the platform itself.
Once the identity of the Customer and the existence of a user account in the platform have been established Ladybird can create what is commonly known as a “personalised public” with those customers who have agreed to receive advertising in the platform, with Ladybird advertising appearing directly in the user profile.
For example in social networks this type of activity can be found in Facebook (Custom Audience), Twitter (Personalised audiences) or Google (Customer Match).
The purpose of this activity is essentially one of advertising and hence your data is only used if you have agreed to receive our mailings.
These third party platforms may also allow advertisers such as Ladybird to use their tools to identify users who, within their platform, have a “similar profile” to Ladybird customers.
The procedure for identifying and proving the identity of customers is the same as above.
For example in social networks this type of activity can be found in Facebook (Lookalike Audience), Twitter (Personalised audiences) or in Google (Similar Audiences).
In this case, as the data is not used directly for advertising to our Customers, being aimed at persons who are not customers but have a profile similar to our customers, we will use the basic data of all of our Customers (and not just those who have agreed to receive advertising) to identify potential customers in the platform. In this way the advertising will be sent only to those potential customers who have given their consent to the platform in question for the sending of advertising. This processing is carried out on the basis of our legitimate interest in expanding our customer base, but you may object to your data being processed for these purposes at any time.
As stated above these services only ask for basic identification data, i.e. we do not supply all of your personal data, or any preferences we are aware of, we merely provide an email account or telephone number which is shared in encrypted form and protected by tools provided by the platforms themselves, sufficient for the social network to identify you in its database.
Secure communication techniques are also used, including the encryption of data before uploading it, to ensure the confidentiality and security of the information.
Finally we do not obtain data about you directly from these third party platforms, i.e. we may obtain anonymous and statistical information but never precise information on your interests or whether you have seen a particular advertisement, unless you interact with us or the particular advertisement.
If you do not wish us to use your data for advertising purposes in third party platforms you may contact us at the email and postal addresses given below. If we are already using it in these platforms we will erase it in the following update of the data supplied.
You may withdraw your consent to the sending of electronic commercial mailings at any time simply by following the instructions given at the foot of all electronic mailings sent by Ladybird or by sending an email to the address email@example.com and stating that you wish to withdraw your consent to the sending of electronic commercial mailings.
4. WHAT INFORMATION DO WE SHARE WITH THIRD PARTIES?
Your data will not be assigned, sold, hired out or in any other way made available to any third party, except for service providers of Ladybird who provide certain services for us (for example the sending of the newsletter, marketing or customer service suppliers, data and database storage or handling, transport or logistics suppliers, Forums or Social Networks in which we advertise, etc.)
In particular your data may be communicated or assigned to stores you are interested in using (e.g. attending events or booking an appointment), which may be operated by companies of the Pronovias Group in the case of own stores, or other companies (for example in the case of franchises or wholesalers managed by third parties). You will find the basic information on these third parties in the form. The third parties will only process your data to handle your enquiry, attendance at an event or appointment, although they may ask for your consent to additional processing.
In accordance with current regulations Ladybird will only send the personal data of Customers which is strictly necessary, and the third parties receiving the same may only process your personal data to process the purchase of the product or service in question unless we expressly inform you of any additional processing.
- Standard clauses approved by the EU: These are contracts approved by the European regulator and which provide sufficient guarantees that the processing complies with the requirements laid down in the European Data Protection Regulation.
- Third party certificates: For example the Privacy Shield, a framework agreement between the EU and the United States which provides a standardised framework for data processing in accordance with the requirements of the European Data Protection Regulation.
Other than in the circumstances referred to above or any others which are legally valid, Ladybird will not disclose, assign, sell or hire out to third parties any personal information you supply to us by way of the Website, except where the disclosure is required by law, by court order or by the public authorities, and where we must communicate data logically indispensable for the supply of the service or where it is expressly requested and your express consent to communication to third parties is obtained in advance.
5. DURATION OF PROCESSING AND PRESERVATION OF DATA
As a general rule we process the data for the time necessary for the maintenance of the appropriate commercial relation.
For example your Customer Account will be preserved for a period of 5 years from your last interaction in Ladybird, which includes use of our website, reading our electronic communications.
If you have subscribed to our commercial mailings your personal data will be preserved until you cancel the subscription or you expressly request that your data not be used in third party platforms (being eliminated from the same), or we decide or ascertain by any means available in the technology of the time that our mailings do not interest you, for example because you do not browse the website or you do not open our emails.
Ladybird will inform you of the preservation time of your data in the various forms in which personal data is requested, without prejudice to your data being preserved for a longer period duly anonymised for statistical or market research purposes, wherever possible or blocked to comply with legal obligations (for example the Consumer Protection Act and commercial or tax regulations may oblige us to preserve certain data for a specific period of time).
6. YOUR OBLIGATIONS AS A CUSTOMER
On sending your data to Ladybird by any medium (by email, telephone, instant messaging applications, Forums and Social Networks or by way of any of the data gathering channels available in the Website), you undertake to Ladybird that the data you are supplying corresponds to your true identity and that the said data is updated, truthful, accurate and complete at the time at which you supply it. You are solely responsible for the truthfulness, accuracy and completeness of the personal data you supply and hence you must inform Ladybird as quickly as possible of any change or alteration of any personal data you have provided us with. Remember also that personal data is the property of each person, and it is thus totally prohibited to supply to Ladybird any third party data or information without their prior consent (for example, if you give the address of a relative as the address for the delivery of an order you must tell them you are passing their data to Ladybird, and that they can access this Policy in our website).
As a Customer you will be solely liable for any direct or indirect damage or loss caused to Ladybird and/or third parties as a result of breach on your part of the obligation to provide truthful, accurate, complete and updated information corresponding to your true identity.
7. DATA SECURITY
The Website contains the appropriate safeguards and uses technology based on the industry standards to improve the security, integrity, confidentiality, availability, exhaustiveness, accuracy and protection of the personal data it has compiled, and has taken reasonable precautions to protect this information from possible loss or misuse. The rules on data protection and security of Ladybird are reviewed on a regular basis and improved where necessary, with reasonable measures being adopted to ensure that only authorised persons are able to access the information you supply.
Despite this, although at Ladybird we make an effort and use all means at our disposal to ensure the security, confidentiality, availability, inviolability and integrity of your data, Ladybird is not able absolutely to guarantee technical security as a medium like the Internet is not impregnable and malicious actions on the part of third parties may occur which are beyond the control of Ladybird.
8. COOKIES POLICY
At Ladybird we make available to you all information on the cookies we use in the Website in our Cookies Policy