Privacy Policy

Privacy Policy

"PRIVACY POLICY"

DATA CONTROLLER: La Mercantil "FONTIA SUMINISTROS, SL” (hereinafter, “BRICOANDPOOL”), CIF: B-93349330, Registered Office: C/ Leda, Nº 22, Polígono industrial Pérez Texeira, CP: 29006 – Málaga, informs the users of the Internet portal owned by it (hereinafter, the "Users" and the "Portal") about its personal data protection policy (hereinafter, "Personal Data") so that Users may freely and voluntarily determine whether they wish to provide their personal data. BRICOANDPOOL the Personal Data that may be required or that may be obtained from them Users When you visit our website, send your CV, subscribe to or sign up for one of our newsletters, request information about our range of irrigation and pool products, accessories, and pumps, as well as events and promotions organized through our website or by our company.

BRICOANDPOOL reserves the right to modify this privacy policy to adapt it to new legislation or jurisprudence, as well as to industry practices. In such cases, BRICOANDPOOL will announce any changes on this page with reasonable notice before their implementation. Certain services provided/offered on the Portal may contain specific conditions with specific provisions regarding the protection of Personal Data.

BRICOANDPOOL, As the Controller of the personal data of YOUR USERS, and other affected parties/owners with whom you maintain a relationship, informs you that these data will be processed in accordance with the provisions of the Regulation (EU) 2016/679 of April 27, 2016 (GDPR) relating to the protection of natural persons with regard to the processing of personal data and the current LOPD-GDD 3/2018 of December 5 (LOPD-GDD) relating to the protection of personal data.

INFORMATION / DATA PROCESSED: merely identifying data (name + surname) and contact details where applicable (address, telephone number and email address), data necessary for the drafting of necessary contracts or to access specific services (Guarantees, spare parts, and specific technical assistance), registration in our corporate Newsletter service, opinions through our Blog, C. Vitae received by email, data provided at events or acts of presentation/demonstration of BRICOANDPOOL products, data supplied in the profiles on social networks of which BRICOANDPOOL is the owner, training activities managed by the company for clients or employees, events, promotional activities or similar.

data controller:

  • "FONTIA SUMINISTROS, SL”, CIF: B-93349330

  • Registered Office: C/ Leda, No. 22, Polígono industrial Pérez Texeira, CP: 29006 – Málaga

  • Contact email: info@bricoandpool.com

  • Contact telephone number: +34 951 12 53 88

  • DPO appointed before the Supervisory Authority: dpo@fontia.es

Intended processing purposes:

MANAGEMENT AND MAINTENANCE OF THE RELATIONSHIP with our clients, registration/deregistration of users of our website, technical assistance, supplier management, data processors, control and management of the relationship with employees, registrations and deregistrations, access control and video surveillance of the facilities, use of biometric data for access control and security, marketing and communication, management of the existing contractual relationship with external collaborators, sponsors and the commercial relationship with suppliers, selection of labor personnel BRICOANDPOOL, candidates in selection processes, followers on social networks of BRICOANDPOOL, registered users of our website, subscribers to our newsletters, participants in activities and events, including the possibility of training activities in which BRICOANDPOOL manages or participates. In this sense, the operations planned to carry out the treatment are:

WHAT PERSONAL DATA WE PROCESS: When filling out any of our forms, depending on each case:

In the aforementioned forms/sections, you are allowed to provide, among others, the following personal data:

  • Your first and last name, contact information (address, phone numbers, and email address), and a space for free text.

  • Other contact information and preferences.

  • When placing an order, details regarding shipping and order management.

  • We collect your data if you contact us through the Site.

  • When you visit our website, we will collect your data if you fill out any of our current or future data/contact forms, information requests, or newsletter subscriptions.

  • If personal data has been provided by users, it must be true, and BRICOANDPOOL must be notified of any changes to the data. BRICOANDPOOL is responsible for the truthfulness and accuracy of the data provided at all times.

  • Any interested party who provides their personal data to BRICOANDPOOL declares that they are of legal age and is fully responsible for this declaration.

Other treatments

  • Sending of commercial advertising communications by email, SMS, WhatsApp, social networks or any other electronic or physical means, present or future, that enables commercial communications. These communications will be made by the RESPONSIBLE and related to the irrigation, garden and pool products you are interested in, or about events and presentations that our company will hold on them.

  • Actions requested by the User: Process requests or any type of request made by the user/customer through the BRICOANDPOOL Website, using any of the contact methods made available to them, events, contests, or by subscribing to our events and activities organized by or with the participation of BRICOANDPOOL.

  • Process registrations for events and promotional presentations in which clients or registrants wish to participate. In this case, images or videos taken of the participants privately during the development of the same, and provided that express and unequivocal consent has been obtained, may be published on the entity's website, on its social networks, in corporate publications and brochures, bulletin boards and any other similar means of communication owned by the company, for the purpose of promoting such activities or events. In the case of tournaments or similar activities, the data of the participants (name, surname and age) may be published in the same media, for the purpose of publicizing participations, classifications or results of possible Contests, prizes, or promotional activities. If you do not expressly consent to this data processing, it will only be disclosed internally to participants so that they are aware of the corresponding classification, a necessary requirement for the proper processing (legitimate interest).

  • DATA STORED DURING YOUR VISIT: When you visit our website, our web servers generally store, among other data, information about the browser and operating system you are using, the website from which you visit us, the pages you visit on our website, and the date of your visit. For security reasons—for example, to detect possible attacks on our website—the IP address assigned to you by your Internet service provider is also stored for a period of seven days. With the exception of the IP address, personal data is only stored if you provide such information to us, for example, when registering, taking part in a survey, requesting a quote, registering for a user account, or completing a commercial promotion. BRICOANDPOOL uses your personal data for the technical administration of the websites, customer management, conducting surveys, and for marketing purposes, only to the extent necessary, and always informing the User and data owner in advance.

  • NEWSLETTER SUBSCRIPTION: In the case of subscribing to any of our informative Newsletters, present or future, as reported, you give your consent to the use of your personal data for the sending of advertising or the carrying out of other marketing actions, these will be stored and used continuously for said uses, such as sending the aforementioned newsletters, news in our catalog of irrigation and pool products, guarantees, technical assistance and maintenance, through Communication channels such as email, postal mail, or any other channel authorized by you. We may use your data to create and update your customer/user profile so we can send you personalized information about advertising or promotions tailored to your needs. We may also use the data you provide to analyze and improve the effectiveness of our website services, advertising, marketing, market research, and sales activities.

  • SUBMISSION OF C. VITAE BY CANDIDATES: In case of sending a C.Vitae to the email of BRICOANDPOOL: info@bricoandpool.com, or through the enabled contact form, the applicant authorizes BRICOANDPOOL to analyze the documents that I send you everything content that is directly accessible through search engines (Google), profiles that you maintain on professional social networks, such as Linkedin or similar, the data obtained in the entrance tests and the information you reveal in the job interview, with the aim of assess your candidacy and, if appropriate, offer you a position. If the candidate is not selected, BRICOANDPOOL may keep your CV stored to include it in future calls, unless the candidate states otherwise through the HR manager.

DATA CONSERVATION CRITERIA: The data provided, in general terms, will be kept as long as there is a mutual interest in maintaining the purpose of the treatment and when it is no longer necessary for that purpose, They will be deleted with appropriate security measures to ensure the pseudonymization of the data or their total destruction.

In light of this general rule, the following arise: following possible variations:

  • (Yo) Disaggregated Data: will be kept without a deletion period,

  • (ii) Data of users, companies and suppliers, etc. BRICOANDPOOL: retention period 4 years (Art. 66 and following of the General Tax Law), conservation period of 6 years Art. 30 of the Commercial Code on accounting books and invoices)

  • (iii) Data provided when subscribing to our newsletter: from the moment the User gives his/her consent until he/she withdraws it

  • (iv) Documentation of a work-related nature or related to social security: 4 years Article 21 of Royal Legislative Decree 5/2000, of August 4, approving the revised text of the Law on Infractions and Sanctions in the Social Order, (v) data provided by candidates through the submission of their CV: the CV may be kept for a maximum of two years for future selection processes unless the candidate states otherwise.

Communication of the data: Your personal data may be communicated to:

  • Companies, entities, and other organizations that have been contracted to provide services, such as hosting, marketing services, contracted cloud services, market analysis, and information society services.

  • Collaborating/sponsoring companies with which BRICOANDPOOL has reached a collaboration or sponsorship agreement.

  • Companies or other organizations with which you have requested or agreed that we may share your personal data.

  • If you have authorized the transfer of data to supplier companies and manufacturers of irrigation, garden, and pool products, you agree that your personal data may be used to create an individualized profile based on automated procedures about your behavior and preferences. The results are intended to send you personalized commercial information about BRICOANDPOOL and its irrigation, garden, and pool products.

  • For certain internal company activities/services, specific services must be subcontracted to third parties. These subcontractors can be external providers both within and outside the EU.BRICOANDPOOL ensures that all subcontractors comply with the obligations and requirements assumed by BRICOANDPOOL in its Data Access Agreement; specifically, that its level of data protection meets the standards required by relevant data protection laws. If a jurisdiction is located outside the EU and is not on the European Commission's approved list of satisfactory data protection levels under the GDPR, a specific agreement is established between BRICOANDPOOL and the subcontractor to ensure that all personal data will be maintained in accordance with the requirements of applicable EU data protection laws. The subcontractors that BRICOANDPOOL uses for certain areas are:

  • The purpose of communicating the data to the aforementioned companies, which comprise and are integrated with the controller, will be the same as those previously announced, as companies in charge of the controller's processing.

  • Professional service providers, such as lawyers, solicitors, notaries, registrars, or other similar professionals in certain cases.

  • Public bodies, courts, regulators, and other administrative authorities, where we believe it is necessary to comply with a legal or regulatory obligation, or otherwise to protect against claims against us or third parties, or the safety of individuals, as well as to prevent or otherwise combat fraud, or for security or safety reasons.

  • Any third party that acquires, or to which we transfer, all or a substantial portion of our assets and business. In the event of such a sale or transfer, we will use reasonable efforts to ensure that the entity to which we transfer your personal data uses it in accordance with this Privacy Policy.

In such cases, we will ensure that your data is used for appropriate purposes in accordance with this Privacy Policy and the corresponding contracts or clauses for the processing of data (Standard Clauses - SCC) will be signed, applying the same or similar security measures to those BRICOANDPOOL applies.

The data will be processed on the legal basis of the express consent of the person providing it. This consent may be withdrawn at any time, although this will not affect the lawfulness of any previously performed processing. Providing data is voluntary; however, failure to do so will prevent it from being processed for the purposes indicated. If third-party data is provided through this website, the party providing it assumes responsibility for having previously obtained their consent and informing them of the provisions of Article 14 of the General Data Protection Regulation.

Legitimation FOR INFORMED PROCESSING:

As a general rule, prior to the processing of personal data, BRICOANDPOOL obtains express and unequivocal consent from the owner of the data by incorporating informed consent clauses into the different information collection systems, and based on a legitimate interest of the User.

In the event that the consent of the interested party is not required, the legitimate basis for the treatment on which it is based BRICOANDPOOL is the existence of a DISTRIBUTION CONTRACT, OR SUPPLY/ORDER FORMALIZED as a client of our company, Existence of an Order in progress, or collaboration document with BRICOANDPOOL.

Notwithstanding the foregoing, the bases of legitimacy are the following:

  • When the treatment is necessary for the execution of a contract to which you are a party or the data is necessary within the framework of a relationship pre-contractual.

  • When the use of your personal data is necessary to satisfy our legitimate interests or those of the companies with which we have shared your personal data.

  • When the processing of data is necessary for be able to comply with the legislation/regulations governing the legal obligations of the sector, GDPR and LOPD-GDD legislation and similar applicable in force at any given time, including those relating to the marketing of BRICOANDPOOL's own services or those of third parties, consumer and user protection, retail trade regulation, and other applicable regulations.

  • As planned In the applicable regulations on Information Society Services (LSSI-CE), if there is a demonstrable prior relationship, the data may be used to send electronic commercial communications related to that specific activity, unless you object to this in the manner provided for this purpose.

  • When we consider it necessary to process your personal data to comply with a legal or regulatory obligation, or a vital interest.

  • When we have your consent, for example, to collect technical information such as data from cookies and similar technologies as described in: “Information on the Use of Cookies.”

  • Acceptance of a contractual relationship within the relevant social network environment, and in accordance with its privacy policies in each case, when you visit any of our social profiles (Facebook, Instagram, YouTube).

RECOGNIZED RIGHTS:

And these are your rights as a data subject or owner of personal data:

Right of access: You have the right to obtain confirmation from the company as to whether or not personal data concerning you is being processed. BRICOANDPOOL, where applicable, will provide a copy of the personal data being processed.

Right to rectification: You have the right to obtain, without undue delay, the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary declaration.

Right to erasure: You have the right to obtain the erasure of inaccurate personal data concerning you without undue delay.At BRICOANDPOOL we will be obliged to delete such personal data without delay when any of the following circumstances occur:

  1. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

  2. you withdraw the consent on which the processing is based and it is not based on another legal basis;

  3. you object to the processing and provided that no other legitimate reasons for the processing prevail;

  4. your data has been processed unlawfully;

  5. your data must be deleted to comply with a legal obligation;

  6. or if your personal data has been obtained in connection with the provision of information society services to children (under 16 years of age).

Right of limitation of processing: When the processing of your personal data has been restricted pursuant to a request from you, such data may only be processed, with the exception of storage, with your consent or for the establishment, exercise, or defense of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest. You have the right to obtain restriction of the processing of your personal data when one of these conditions applies:

  1. When you challenge the accuracy of the personal data, for a period that allows BRICOANDPOOL to verify the accuracy of the data;

  2. the processing is unlawful and, as the interested party, you oppose the deletion of your personal data and request, instead, the restriction of use;

  3. BRICOANDPOOL no longer needs the personal data for the purposes of the processing, but you need them for the formulation, exercise or defense of claims;

  4. When you have objected to the processing, while we verify whether BRICOANDPOOL's legitimate grounds prevail over those of the data subject.

Right to data portability: You have the right to receive the personal data that concerns you in a structured, commonly used and machine-readable format, and to transmit it to another data controller without hindrance from BRICOANDPOOL, when:

  1. the processing is based on your consent, and

  2. the processing is carried out by automated means.

Right to object: You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data based on public interest or the legitimate interests of the data controller. When personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data. If you object to the processing of your data for direct marketing purposes, your personal data will no longer be processed for those purposes.

We remind you that whenever the legal basis for the processing of your data is your consent, you have right to revoke said consent always and in any case, and as easily as you gave it.

You also have right to lodge a complaint with the respective supervisory authority, usually the Spanish Data Protection Agency.For more information, you can go to the website of the same at this link https://www.aepd.es

Finally, You have the right not to be subject to a decision by BRICOANDPOOL based solely on automated processing, including profiling, which produces legal effects or significantly affects you in a similar way.

Contact information to exercise your rights: BRICOANDPOOL, in application of the Regulation (EU) 2016/679 of April 27, 2016 (GDPR), and recent LOPD-GDD 3/2018 of December 5, has a designated internal manager, and a Data Protection Officer (DPO) designated for Data Protection management and whose contact details are detailed below:

  • Address: C/ Leda, No. 22, Polígono industrial Pérez Texeira, CP: 29006 – Málaga.

  • Contact email address: dpo@fontia.es

  • Contact telephone number: +34 951 12 53 88

If a user/owner considers that there is a problem with the way BRICOANDPOOL is processing your data, you can address your complaints to Data Protection Officer above, or through the Spanish Supervisory Authority, in this case, the AEPD: https://www.aepd.es/es

MANDATORY OR OPTIONAL NATURE OF THE INFORMATION PROVIDED:

The data collected by any of the contact forms enabled on this Website, or even for the provision of information, or those provided by the Users due to their participation in activities/events developed by BRICOANDPOOL, will be incorporated, depending on their purpose, into the Internal Processing Activities Registry (Article 30 of Regulation (EU) 2016/679 of April 27, 2016). The Record of Processing Activities is at the disposal of the Supervisory Authority.

Users, by ticking the corresponding boxes and entering data in the different fields, marked with an asterisk (*) in the contact form or presented in download/contract forms, expressly and freely and unequivocally accept that their data are necessary to meet their request by BRICOANDPOOL, and the inclusion of data in the remaining fields is voluntary. The User guarantees that the personal data provided is accurate and is responsible for communicating any changes to it.

BRICOANDPOOL expressly informs and guarantees users that their personal data will not be transferred to third parties under any circumstances and that, whenever any transfer is planned in the future, express, informed, and unequivocal consent will be requested from users in advance, providing them with information about the transferee and the purpose of the transfer. All data requested through the website is mandatory, as it is necessary to provide the User with an optimal service. If not all data is provided, there is no guarantee that the information and services provided will be fully tailored to their needs.

SAFETY MEASURES:

In accordance with the provisions of current regulations on the protection of personal data, and in particular in the Regulation (EU) 2016/679 of 27 April 2016, and the LOPD-GDD 3/2018 for the processing of personal data under its responsibility, and manifestly in accordance with the principles described in Article 5 of the GDPR, by which they are processed lawfully, fairly and transparently in relation to the data subject and are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

In any case, BRICOANDPOOL has implemented sufficient mechanisms to:

  1. Ensure the ongoing confidentiality, integrity, availability, and resilience of treatment systems and services.

  2. Restore availability and access to personal data quickly in the event of a physical or technical incident.

  3. Regularly verify, evaluate, and assess the effectiveness of the technical and organizational measures implemented to ensure the security of the processing.

  4. Pseudonymize and encrypt personal data, where applicable.

BRICOANDPOOL guarantees that it has implemented appropriate technical and organizational policies to apply the security measures established by the GDPR 679/2016 and LOPD-GDD 3/2018 in order to protect the rights and freedoms of Users and has provided them with appropriate information so that they can exercise them. BRICOANDPOOL has installed all the technical means and measures at its disposal to prevent the loss, misuse, alteration, unauthorized access and theft of the Personal Data provided by the owner to BRICOANDPOOL. However, the User must be aware that Internet security measures are not impregnable.

The personal data that is incorporated into the Internal Processing Activities Registry will be treated with the utmost confidentiality and security. The Owner may send you commercial information regarding NEWS and UPDATES on our irrigation and pool products OFFERED BY In this case, BRICOANDPOOL, the sender agrees to indicate its advertising purpose when sending the message, and to coordinate a simple, clear, and free system in case you wish to stop receiving them.

The Services of BRICOANDPOOL The contents of the website are intended exclusively for adults, in the case where BRICOANDPOOL offer any promotional activity, event, contest or similar, in which the collection of Personal Data of minors may occur, BRICOANDPOOL will always request parental consent so that minors can access them and their Personal Data can be subject to automated processing as provided in this notice on the Data Protection Policy.

As previously reported, the collection and automated processing of Personal Data is intended to maintain the contractual relationship established with BRICOANDPOOL, the management, administration, provision, expansion and improvement of the services that the User decides to contract, register for, or use, the adaptation of said services to the preferences and tastes of the Users, the study of the use of the services by the Users, the design of new services, the sending of necessary updates, product circulars (quality), the sending, by traditional and electronic means, of technical, operational and commercial information about our range of irrigation and pool products and other related products offered by BRICOANDPOOL currently and in the future.

USE OF PUBLIC PROFILES ON DIFFERENT SOCIAL MEDIA:

BRICOANDPOOL has a profile on the main social networks on the Internet and is known in all cases as responsible for the processing of the data of its followers, fans, subscribers, commentators and other user profiles (hereinafter, followers). The processing that BRICOANDPOOL will be carried out with said data will be, at most, what the social network allows for corporate profiles. Thus, BRICOANDPOOL may inform its followers by any means permitted by the social network about its news, activities, or promotions. Under no circumstances BRICOANDPOOL will extract data from social networks, unless the user's express and timely consent has been obtained. When, due to the very nature of social networks, the effective exercise of the follower's rights is subject to the modification of the follower's personal profile, BRICOANDPOOL will assist and advise you to the best of its ability. The company owns the following social media profiles:

For what purposes will we process your personal data?

  • Respond to your questions, requests, or petitions.

  • Manage the requested service, respond to your request, or process your petition.

  • Connect with you and a community of followers.

What is the legitimacy for processing your data?

  • For more information about Facebook click here.

  • For more information about Instagram click here.

Acceptance of a contractual relationship within the corresponding social network environment and in accordance with its privacy policies:

Getting to know each other BRICOANDPOOL in all cases responsible for the processing of the data of its followers, fans, subscribers, commentators and other user profiles (hereinafter, followers). The processing that BRICOANDPOOL will be carried out with said data will be, at most, what the social network allows for corporate profiles. Thus, BRICOANDPOOL may inform its followers about its news and activities by any means permitted by the social network. Under no circumstances BRICOANDPOOL will extract data from social networks, unless the user's express and timely consent has been obtained. When, due to the very nature of social networks, the effective exercise of the follower's rights is subject to the modification of the follower's personal profile, BRICOANDPOOL will help and advise you to this end to the best of its ability.

Right to Information.

After the corresponding request, BRICOANDPOOL We will immediately inform you in writing, in accordance with applicable law, whether we have stored your personal data and what that data is. If you are registered as a user, we offer you the opportunity to personally view your data and, if applicable, delete, modify, and/or update it.

DESCRIPTION OF MEASURES ADOPTED BY BRICOANDPOOL derived from the GDPR:

Our Users/customers and suppliers of BRICOANDPOOL are informed that, in accordance with the regulations GDPR and LOPD-GDD applicable to the activity carried out by the company, the measures adopted to obtain an optimal level of compliance are detailed:

  • Prepare a record of processing activities in accordance with Article 30 of the GDPR.

  • Identify the legal bases for data processing, in accordance with Articles 6 and 9 of the GDPR.

  • Audit information entry channels and internal forms/documents and inform data subjects about the processing of their data, in accordance with Articles 13 and 14 of the GDPR.

  • Address the rights of data subjects, in relation to their rights to: access, rectification and deletion, restriction of processing, data portability (Article 20 of the GDPR), objection, and automated decisions, by establishing a direct channel of attention: dpo@fontia.es

  • Audit and request compliance guarantees from the company's data processors, and sign a data processor contract, in accordance with Article 28 of the GDPR. BRICOANDPOOL facilitates this process by making the following available through our DPO: 1) a compliance guarantee document and details of the measures adopted, 2) a BRICOANDPOOL data access contract template.

  • Conduct a risk analysis and, where appropriate, an impact assessment; to facilitate compliance with these obligations, you can consult the AEPD website: https://www.aepd.es/es/prensa-y-comunicacion/notas-de-prensa/la-aepd-publica-un-modelo-de-informe-para-ayudar-las-empresas .

  • BRICOANDPOOL, As a responsible company, aware of regulatory compliance, it recommends its employees, clients, users and interested parties to subscribe to INCIBE alert bulletins (www.incibe.es) OSI (www.osi.es) and the CERT (www.incibe-cert.es)

The links to subscribe to the various portals mentioned will allow you to learn in advance about potential threats and incidents:

  • Existence of an internal protocol for reporting security breaches; reporting data breaches to data protection authorities (Article 33 of the GDPR) and to data subjects whose data has been compromised (Article 34 of the GDPR). To this end, in the event of any incident that poses a risk to the rights and freedoms of those affected, BRICOANDPOOL will notify the CLIENT as soon as possible and will assist him/her in making such notifications.

  • The company has officially appointed a Data Protection Officer in the registry enabled for this purpose in the AEPD (www.aepd.es) in accordance with Articles 37, 38 and 39 of the GDPR. BRICOANDPOOL makes available to its CUSTOMERS/users and interested parties the following email address for the designated DPO for matters related to data protection/exercising rights: dpo@fontia.es

  • BRICOANDPOOL, In compliance with current regulations, it also informs you of your right to file a complaint/request further information from the supervisory authority (www.aepd.es)

Related regulations:

If you would like more information about the regulations that assist you, protect you, and establish your rights, we provide you with the regulations that inspired this privacy policy and are relevant to you:

CONTACT: If you require any clarification regarding this Privacy Policy, or if you wish to raise any questions or complaints, or exercise any rights, please contact our Internal Data Protection Officer (DPO) in writing using the information below, indicating "Data Protection" in the subject line.

Drafting of Privacy Policy updated and revised to June 1, 2022.