PRIVACY POLICY

Privacy Policy

COLLECTING PERSONAL INFORMATION

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

This privacy policy applies to the processing of personal data of customers and/or users of www.xcusas.ch, hereinafter referred to as the WEBSITE, whose data controller is Sandy Paola Garavito Malagón, hereinafter referred to as the CONTROLLER.

If You have subscriben to our news letter ands wish to have your data removed from our database, kindly send an email to : info@xcusas.ch.

Your request will be process in accordance with our privacy policy.

Applicable regulations

Our Privacy Policy has been designed in accordance with REGULATION (EU) 2016/679 of the EUROPEAN PARLIAMENT and of the COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR EU 2016/679, and, insofar as it does not contradict the aforementioned Regulation, by the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, hereinafter LOPDGDD 3/2018.

By providing us with their data, the client and/or user declares that they have read and are aware of this Privacy Policy, giving their unequivocal and express consent to the processing of their personal data in accordance with the purposes and terms expressed herein.

BASIC INFORMATION ON DATA PROTECTION

Controller : Xcusas Team

Purpose: Respond to requests for information received, provide the services requested, attend to and manage orders from customers and/or web users of the online shop for, provide customer service, subscribe to the newsletter, manage user comments on the entries published on the website blog, as well as send commercial communications about our products and/or services by letter, telephone, email, SMS/MMS, WhatsApp, Telegram or other equivalent means of electronic communication, provided that the interested party has consented to the processing of their personal data for this purpose.

Legitimation: Performance of a contract to which the data subject is a party or for the implementation of precontractual measures at the request of the data subject. Legitimate interest of the controller. Consent of the data subject.

Addressees: No data will be passed on to third parties, unless legally obliged to do so.

Rights: You have the right to access, rectify and delete the data, as well as other rights, indicated in the additional information, which you can exercise by contacting the address of the Data Controller at www.xcusas.ch

Additional information on data protection

The data controller is:

Identity: Xcusas Team
TAX IDENTIFICATION NUMBER:

Data Protection Officer
The CONTROLLER OF THE PROCESSING does not have a Data Protection Officer.

Purposes and legal basis for processing

a) In general:

The CONTROLLER processes the personal data provided by its customers and/or users for the following purposes:

Purpose: To carry out administrative, commercial, accounting and tax management, attend to requests for information received, respond to queries raised, attend to and manage orders from customers and/or users of the online shop for products and/or services, provide customer service, subscribe to the newsletter, manage user comments to the entries published on the website's blog, as well as send commercial communications about our products and/or services by letter, telephone, email, SMS/MMS, WhatsApp, Telegram or other equivalent means of electronic communication, provided that the interested party has consented to the processing of their personal data for this purpose.

Legal basis justifying this processing: Performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures at the request of the data subject. Legitimate interest. The data subject's consent, which may be withdrawn at any time.

b) Electronic forms WEBSITE

The CONTROLLER processes the personal data provided by customers and/or users through the electronic forms for the collection of personal data on the WEBSITE for the purposes identified below:

In relation to the "Contact Form" and other queries (those that may be addressed through the e-mail accounts listed on the WEBSITE):

Purpose: To contact the interested party, deal with requests for information received and answer queries raised, provide customer service, as well as send commercial communications about our products and/or services by letter, telephone, email, SMS/MMS, WhatsApp, Telegram or other equivalent means of electronic communication, provided that the interested party has consented to the processing of their personal data for this purpose.

Legal basis for this processing: Performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures at the request of the data subject. The data subject's consent, which may be withdrawn at any time.

Concerning the "Newsletter Form":

Purpose: Allows the user to subscribe to the newsletter to receive the latest news, offers and special discounts on our products and/or services by e-mail.

Legal basis for this processing: The consent of the data subject, which may be withdrawn at any time

In relation to the "Register Form":

Purpose: Allows the user to create an account to access the online shop for products and/or services.

Legal basis for this processing: Performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures at the request of the data subject.

In relation to the "Access Form":

Purpose: Allows the registered user to access the online shop with their username or e-mail address and password to purchase the products and/or services that are made available to them.

Legal basis for this processing: Performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures at the request of the data subject.

Concerning the "Buy as a guest form":

Purpose: Allows the user, without the need to have previously registered, to purchase the products and/or services that are made available in the online shop.

Legal basis for this processing: Performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures at the request of the data subject.

In relation to the "Live Support Form - Online Customer Service Platform":

Purpose: To facilitate the user's direct communication with the CONTROLLER OF THE PROCESSING via Online Chat and/or WhatsApp.

Legal basis for this processing: The consent of the data subject, which may be revoked at any time.

When the data requested in the electronic forms are necessary, the CONTROLLER OF THE PROCESSING will indicate this obligatory nature at the time of collecting data from customers and/or users and failure to provide them will mean that the corresponding request cannot be dealt with.

What kind of data do we process?

For the purposes set out in the previous section, all Customer data is processed, which can be divided into the following sources and categories:

Data provided directly by the client and/or user: data provided directly by the client and/or user, either at the time of requesting the service by filling in electronic forms for the collection of personal data or in the paper format provided for this purpose, or data provided throughout the contractual relationship by different means, such as, for example, complaints or requests for information submitted to the Customer Service Department. The customer and/or user is responsible for their veracity and updating.

✔ Identity data (name and surname, NIF, NIE, passport, postal address, e-mail, telephone, mobile phone, manual, handwritten or digitized signature, social network profiles, IP addresses, username and password).

✔ Economic data (bank details)

b) Data obtained from sources other than the customer and/or user: data obtained from sources other than the customer and/or user, either with their consent or by any other legal authorisation (legitimate interest, compliance with a legal obligation, etc.).

c) Data derived from the development of the commercial relationship: data provided indirectly by the customer and/or user as a result of the provision of the contracted service and the maintenance of this activity. This category includes traffic data, the history of payments or contracted items, browsing data through the public website or access to the private area or others of a similar nature.

We inform you that the personal data obtained from the client and/or user as a result of filling in the electronic forms on the WEBSITE form part of the Register of Processing Activities (RAT) of the CONTROLLER OF THE PROCESSING, which will be updated periodically in accordance with the provisions of the RGPD EU 2016/679 and the LOPDGDD 3/2018.

Addressees

The personal data of data subjects will be communicated to the recipients indicated below: a) In general:

The TREATMENT CONTROLLER's suppliers as processors, within the framework of the corresponding provision of services (lawyers, accounting and tax consultants, consultants, transport agencies and IT service providers).

Competent authorities and bodies, to the extent necessary for the fulfillment of legal obligations.

b) In relation to the "Contact Form" and other enquiries (those that can be addressed through the e-mail accounts listed on the WEBSITE), the "Newsletter Form", the "Blog - Leave a Comment Form", the "Register Form", the "Login Form", the "Buy as a Guest Form" and the "Live Support - Online Customer Service Platform Form":

Wix.com Ltd., website hosting service.
Wix.com Ltd., domain registration and e-mail services
No data will be passed on to other third parties, unless legally obliged to do so.

Transfers to third countries

There are no plans to transfer data to third countries without an adequate level of protection.

Conservation periods

Personal data will be retained: a) In general:

The data will be kept for as long as you do not request their deletion, and in any case for the years necessary to comply with legal obligations.

The personal data will be kept until the end of the relationship between the CONTROLLER OF THE PROCESSING and the client and/or user, unless the client and/or user previously requests the deletion of the data, or until the interested party withdraws the consent given at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal.

For this purpose, the data subject is reminded that he/she must inform the CONTROLLER OF THE PROCESSING as the recipient to whom he/she communicates personal data, of any rectification or deletion of the data of his/her representatives, authorised persons and other contact persons.

Once the relationship has ended, insofar as the personal data of the data subjects are relevant for the purposes of the responsibility of the CONTROLLER OF PROCESSING vis-à-vis the clients and/or users, such data shall be kept, duly blocked, at the disposal of the judicial authorities or competent public administrations, for the purpose of enforcing the liabilities arising from the processing for the period of limitation of such liabilities.

Rights of data subjects

The clients and/or users of the WEBSITE may exercise the following rights before the CONTROLLER OF THE PROCESSING, insofar as applicable: access to personal data, rectification, erasure (right to be forgotten), limitation of processing, data portability, opposition to processing and the right not to be subject to automated individual decisions and, when the processing is based on consent, the right to withdraw it at any time.

Customers and/or users may exercise these rights by means of a written and signed request sent to the postal address of the CONTROLLER OF THE PROCESSING located at Geneva -Switzerland or through the e-mail address xcusasworkout@gmail.com, attaching, in both cases the interested party, a legally valid proof of identity, such as a photocopy of the NIF/NIE or equivalent document, and clearly indicating the right that he/she wishes to exercise.

Customers and/or users will also have the right to file a complaint before the competent Control Authority Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the Swiss Confederation (Data Protection Act, DSG), every person has the right to the protection of their privacy and protection against the misuse of their personal data. These laws ensure the right to privacy and establish the legal framework for the processing of personal data, ensuring that it is done appropriately and respecting the rights of individuals. if they observe that the processing does not comply with the regulations in force or if they consider that their rights regarding the protection of their personal data have been violated.

clearly identifiable, without prejudice to the provisions of the regulations issued by the Autonomous Communities with exclusive powers over consumer affairs.

The customer and/or user, who provides his/her contact details to the CONTROLLER OF THE PROCESSING by clicking on the "SEND" button on the electronic forms for collecting personal data on the website and affirmatively checks the two existing consent boxes, "I accept the processing of my data for the purposes indicated in the basic information on data protection" and "I consent to receive commercial communications about your products and/or services", you expressly authorise and give your express, free and unequivocal consent to the CONTROLLER OF THE PROCESSING to process your personal data for the purpose of sending you commercial communications about your products and/or services by letter, telephone, e-mail, SMS/MMS, WhatsApp, Telegram or other equivalent electronic means of communication.

The legal basis for this processing is the consent of the data subject, which may be revoked at any time.

In compliance with the provisions of articles 21 and 22 of Law 34/2002, of 11 July, on information society services and electronic commerce, users may oppose the processing of their data for promotional purposes and revoke their consent to receive commercial communications via e-mail by simply notifying the PROVIDER of their wishes by means of a simple and free procedure, consisting of sending an e-mail to the e-mail address info@xcusas.ch, indicating "UNSEND" or "DO NOT SEND" in the subject line of the message.

The data provided will be kept for as long as the business relationship is maintained or for the years necessary to comply with legal obligations.

Social media policy

The CONTROLLER has profiles on the following Internet social networks:

Facebook:
Pinterest:
Tik Tok: xcusasofficial
Instagram: https://www.instagram.com/xcusas_collection/

In all cases, it is considered responsible for the processing of the data of its users, including followers, subscribers, fans, or simply people who make comments or queries through these channels.

In this sense, the CONTROLLER may use this profile to inform its users of news that it considers appropriate for the purpose of the services offered, or it may also share information or current articles published by other users of the social networks.

In none of the cases will it use personal information of users without their consent to have relationships other than those expected in each of the aforementioned social networks, requesting the user's consent if necessary.

Accuracy of the data provided by the interested parties

The client and/or user is responsible for the information provided by filling in the electronic forms made available on the WEBSITE or by sending e-mails to the different existing accounts under the Internet domain xcusasworkout.com, is true, being responsible for the accuracy of all data provided and will keep it updated to reflect a real situation, being responsible for false or inaccurate information provided and the damage, inconvenience and problems that may cause to the CONTROLLER or third parties.

Security measures

The CONTROLLER guarantees that it has implemented on the WEBSITE the appropriate technical and organisational policies to apply the security measures established by the RGPD EU 2016/679 and the LOPDGDD 3/2018 in order to protect the rights and freedoms of customers and/or users and has communicated the appropriate information to them so that they can exercise them.

In order to protect individual rights, in particular in relation to automated processing, and in order to be transparent with customers and/or users, the CONTROLLER has established a policy setting out all such processing, the purposes of such processing, the legitimacy of such processing and also the instruments available to customers and/or users to enable them to exercise their rights.

The WEBSITE is developed with the Wix.com, platform for web development based on the cloud of the company Wix.com Ltd., and has an SSL encryption certificate activated for the entire domain, which allows users to send their personal data securely through the existing electronic forms.

Wix.com Ltd. is committed to data protection and complies with the provisions of REGULATION (EU) 2016/679 of the EUROPEAN PARLIAMENT and of the COUNCIL, of April 27, 2016, regarding the protection of natural persons in the regarding the processing of personal data and the free circulation of these data and by which Directive 95/46 / CE (General Data Protection Regulation) is repealed.

For the purposes of Article 27 GDPR (EU) 2016/679, you can contact your EU representative at Wix Online Platforms Limited, 1 Grant’s Row, Dublin 2 D02HX96, Ireland.

All information will be stored and managed with due confidentiality, applying the necessary computer security measures to prevent access to or improper use of your data, its manipulation, deterioration or loss.

However, the customer and/or user must bear in mind that the security of computer systems is never absolute. When personal data is provided over the Internet, such information may be collected without your consent and processed by unauthorized third parties. The CONTROLLER declines any kind of responsibility for the consequences of these acts for the User, if he/she voluntarily published the information.

Acceptance and consent

The client and/or user declares to have been informed of the conditions on personal data protection, accepting and consenting to the automated processing of the same by the CONTROLLER in the manner and for the purposes indicated in this Privacy Policy.

Certain services provided on the WEBSITE may contain special conditions with specific provisions on personal data protection.

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