1. WHO WE ARE?
We are HG HAPPYGARDEN TRADING LTD and we process your personal data as joint controllers. This means that we are jointly responsible for how we process and protect your data.
2. WHAT WE USE YOUR DATA FOR?
We will use your data (collected online or in person), among other purposes, to manage your registration as a user, to manage your purchases of products or services, to respond to your queries, and, if you wish, to send you our customised communications.
3. WHY WE USE YOUR DATA?
We have legal standing to process your data for various reasons. The main reason is that we need to process your data to perform the contract that you accept with us when you register and when you make a purchase or enjoy any of our services or functionalities. We also use your data for other reasons, for example, to respond to your queries or to send you newsletters that you have asked to receive from us.
4. WHO WE SHARE YOUR DATA WITH?
We share your data with service providers who provide us with assistance or support, these being companies inside the European Union.
5. YOUR RIGHTS
6. WHY WE PROCESS YOUR PERSONAL DATA?
Depending on the purpose for which we process your data from time to time, as explained above, we need to process one or other data, which will in general be, depending on each case, as follows:
your identity data (for example, your name, surname, language and country from which you interact with us, contact data, etc.);
economic and transactions information (for example, your payment or card data, information on your purchases, orders, returns, etc.);
connection, geolocation and/or browsing data (if you interact with us from your mobile phone, for example);
commercial information (for example, if you have subscribed to our newsletter),
information about your tastes and preferences.
Remember that, when we ask you to fill in your personal data to give you access to any functionality or service of the Platform, we will mark certain fields as compulsory, since this is information that we need to be able to provide the service or give you access to the functionality in question. Please take into account that, if you decide not to make such data available to us, you may be unable to complete your user registration or may not be able to enjoy those services or functionalities.
Depending on how you interact with our Platform, i.e., depending on the services, products or functionalities that you wish to enjoy, we will process your personal data for the following purposes:
A. To manage your registration as user of the Platform
If you decide to become a registered user of our Platform, we need to process your data to identify you as a user of the Platform and grant you access to its various functionalities, products and services available to you as a registered user. You may cancel your registered user account by contacting us through Customer Support.
B. For the development,performance and execution of the purchase or services contract that you executed with us on the Platform
This purpose includes processing your data, mainly:
To contact you for updates or informative notices related to the contracted functionalities, products or services,including quality surveys and to be able to establish the degree of customer satisfaction with the provided service;
To manage payment of the products that you purchase, regardless of the payment procedure used. For example:
– If on purchasing any of our products through the Website or the App, you opt to activate the functionality of saving your card data for future purchases, we need to process the indicated data for activation and development of that functionality. Consent to the activation of this functionality enables your autocomplete payment data to appear in subsequent purchases so that you do not need to introduce them in each new process, and these data will be deemed valid and effective for subsequent purchases.
Activate the necessary arrangements in order to control and prevent potential fraud against you and against us during the purchase process. If we consider that the transaction can be fraudulent, this processing may cause the blocking of the transaction.
To manage potential returns after you have purchased and manage requests of availability information for articles, reservations of products through the Platform.
For invoicing purposes and to make available to you the tickets and invoices of the purchases you have made through the Platform.
To ensure that you are able to use other available functionalities or services, such as the purchase, management and use of the Gift Card or of the Gift Voucher.
C. To meet requests or applications that you make through the Customer Support channels
We only process the personal data that are strictly necessary to manage or resolve your request or application.
D. For marketing purposes
This purpose includes the processing of your data, mainly, for:
If and when you subscribe to our Newsletter, we will process your personal data to manage your subscription, including to send customised information on our products or services through various means (such as e-mail or SMS). We may also make available to you this information through push notification in case you have activated them in your mobile device.
Accordingly, please take into account that this data processing implies analysis of your user or customer profile to establish your preferences and therefore which products and services are most suitable for you when sending your information. For example, based on your purchases and browsing history (i.e., depending on the articles that you clicked), we will make you suggestions on products that we believe may interest you and, if you are a registered user, we will provide you with the “recover cart ” functionality.
Remember that you may unsubscribe from the Newsletterat any time without cost through the “Newsletter” section of the Platform, in addition to through the instructions that we provide you with in each notice. If you do not want to receive push notifications, you can deactivate this option in your mobile device.
To perform promotional actions (for example, for the organization of competitions or to send the list of items stored to the email you designate). On participating in any promotional action, you authorise us to process the personal data that you have shared with us depending on the promotional action and disclose them through different media such as social networks for the Platform itself. In each promotional action in which you participate you will have available the terms and conditions where we will be providing more detailed information about the processing of your personal data.
To disseminate in the Platform or through our channels in the social networks photographs or pictures that you shared publicly, provided that you expressly give us your consent for the purpose.
E. Analysis of usability and quality to improve our services
If you access our Platform, we inform you that we will treat your browsing data for analytic and statistical purposes, i.e., to understand the manner in which users interact with our Platform and thus be capable of introducing improvements in the Platform.
In addition, we occasionally perform quality surveys and actions to know the degree of satisfaction of our customers and users and detect those areas in which we may improve.
7. HOW WE ARE LEGALLY PERMITTED TO PROCESS YOUR DATA?
The legal terms on which we are permitted to process your personal data also depends on the purpose for which we process them, as explained in the following table:
A. To manage your Platform user registration
We process your data because this is necessary on the terms regulating the use of the Platform. In other words, for you to be able to register as a user on the Platform, we need to process your personal data, since we would otherwise be unable to manage your registration.
If you opt to use the access or login through a social network, we are legally permitted to process your data given the consent that you give when authorising the assignment of your data from the social network.
B. Development, performance and making of the purchase or services contract
We process your data because their processing is necessary for us to make the purchase or services contract with you.
Certain processing of data related to the purchase process is activated only because you request or authorise it, as is the case of the storage of payment (card) data for future purchases or the processing of data necessary to scan the till receipts through the Wallet section of the App or to provide you with the Coming Soon / Back Soon functionalities. In these cases, our processing of your data is supported by your own consent.
We consider that we have a legitimate interest to carry out the necessary verifications to detect and prevent potential fraud when you make a purchase. We understand that the processing of these data is positive for all the participating parties when a purchase is paid and in particular for you, since this allows us to establish measures to protect you from fraud attempts by third parties.
C. Customer Support
We consider that we have legitimate interest in answering the requests or queries raised by you through the existing different contact channels. We understand that the processing of these data is also beneficial to you to the extent that it enables us to assist you adequately and answer the queries raised.
When you get in touch with us, in particular, for the management of incidents related to your order or the product/service acquired through the Platform, the processing of your data is necessary to perform the purchase contract.
When your query is related to the exercise of your rights on which we inform you below, or to claims on our products or services, we are legally permitted to process your data for compliance with our legal obligations.
We are legally permitted to process your data for marketing purposes due to the consent that you give us, for example when you accept receiving customized information through multiple channels, when authorizing the sending of push notifications in your mobile device or when accepting the legal terms and conditions to participate in a promotional action or to publish your pictures on the Platform or on our social networks’ channels.
In order to show you customised information. we consider that we have a legitimate interest to conduct a profiling with the information that we have about you (such as your browsing, preferences or purchase history) and the personal data that you have provided us, such as the age range or language, since we understand that the data processing of these data is also beneficial to you because it allows you to improve your user experience and access the information in accordance with your preferences.
E. Analysis of usability and quality
We consider that we have a legitimate interest in analysing the Platform usability and the user’s satisfaction degree, since we understand that the processing of these data is also beneficial for your because the purpose is to improve the user experience and provide a higher quality service.
8. HOW LONG WILL WE KEEP YOUR DATA?
The time for which we will keep your data will depend on the purposes for which we process them, as explained below:
A. To manage your Platform user registration
We will process your data for the time during which you remain a registered user (meaning, until you decide to unsubscribe).
B. Development, performance and execution of the purchase or services contract
We will process your data for the time necessary to manage the purchase of the products or services that you buy, including potential returns, complaints or claims related to the purchase of the product or service in question.
Sometimes, we will only process the data until the time when you decide, as is the case of payment (card) data that you requested us to store for future purchases.
En algunas ocasiones, únicamente trataremos los datos hasta el momento en que tú decidas, como es el caso de los datos de pago (tarjeta) que nos has solicitado almacenar para posibles compras futuras.
C. Customer Support
We will process your data for the time necessary to meet your request or application.
We will process your data until you unsubscribe or cancel your subscription to the newsletter.
If you participate in promotional actions, we will keep the data during a six (6) months period from the end of the action.
E. Analysis of usability and quality
We will process your data occasionally for the time during which we proceed to carry out a specific quality action or survey or until we anonymise your browsing data.
Notwithstanding the fact that we will process your data for the time strictly necessary to achieve the purpose in question, we will subsequently keep them duly stored and protected for the time during which liability may arise for their processing, in compliance with legislation in force from time to time. Once each of the potential actions is time-barred we will proceed to delete the personal data.
9. DO WE SHARE YOUR DATA WITH THIRD PARTIES?
• Financial institutions,
• Anti-fraud detection and prevention entities,
• Technological service providers,
• Logistic, transport and delivery partners and service providers,
• Providers of customer support related services,
• Advertising and marketing related partners and service providers.
For service efficiency purposes, some of these providers are located in territories outside the European Economic Area that do not offer a level of data protection comparable to that of the European Union, in other words, the United States of America. In such cases, we inform you that we will transfer your data with adequate safeguards and always keeping your data safe:
Some providers are certified Privacy Shield, which certification you may consult through the following link:
With other providers, we have agreed Standard Contractual Clauses approved by the EU Commission, the content of which you may consult through the following link:
10. WHAT YOUR RIGHTS ARE WHEN MAKING YOUR DATA AVAILABLE TOUS
We undertake to keep your personal data confidential and to ensure that you may exercise your rights. Bearing that in mind, we Joint Controllers have agreed that you may exercise your rights free of charge by writing us an email to a single email address ([email protected]), simply informing us of the reason for your request and the right that you wish to exercise. If we consider this necessary to be able to identify you, we may request you to provide a copy of a document evidencing your identity.In particular, notwithstanding the purpose or legal basis we use to process your data, you have the following rights:
To request access to your personal data that we hold. We remind you that where you are a Platform Registered user you may also consult this information in the relevant section of your online account.
To request that we erase your personal data to the extent that they are no longer necessary for the purpose for which we need to keep processing them, as we have explained above, or when we are no longer legally permitted to process them.
To request that we cancel or limit the processing of your personal data, which entails that in certain cases you can request us to temporarily suspend the processing of the data or that we keep them longer than necessary.
If you have given us your consent to process your data for any purpose, you also have the right to withdraw such consent at any time. Some of the circumstances in which you may withdraw your consent are detailed in section 2 where we explain for which purposes we process your data.
When we are legally permitted to process your data due to your consent or to for the purposes of a contract, as explained in section 3, you will also have the right to request the portability of your personal data. This means that you will have the right to receive the personal data that you made available to us in a structured, commonly used and machine-legible format, to be able to transmit them to another entity directly without impediments on our part.
In addition, where the processing of your data is based on our legitimate interest, you will also have the right to object to the processing of your data.
Finally, we inform you that you have the right to file a claim before the responsible data protection regulatory authority, in particular, before:
12. INFORMATION ON COOKIES
Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby may be brought in any federal or state court located in Cyprus, and each of the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court.
14. QUESTION AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at [email protected] or by mail to:
HG HAPPYGARDEN TRADING LTD
3 Griva Digeni Avenue, Patsalos House, 5th Floor, Office 501,