Data protection and privacy policy

Welcome to FRESHLY COSMETICS.

The present Data Protection Policy of FRESHLY COSMETICS will be applied to the browsing of our website, www.freshlycosmetics.com, as well as to the purchase process.

1. Who is responsible for the processing of your personal data?

FRESHLY COSMETICS S.L., which company is based in Reus (Tarragona) 43204, C/Nicaragua, 36, registered in the Business Register of Tarragona in Volume 2, 899, Shett 18, number T-48.804, C.I.F number B-55666143, and email [email protected] (hereinafter, “FRESHLY COSMETICS”)

Data Protection Delegate: [email protected]

UK Contact: [email protected]

2. What presence does FRESHLY COSMETICS have on social media?

FRESHLY COSMETICS has the following profiles on the main social platforms (Pinterest, Linkedin, Snapchat, Facebook, Instagram, Youtube and Tiktok).

FRESHLY COSMETICS is responsible for the processing of the data of its users, followers, or persons who make comments through them. Likewise, FRESHLY COSMETICS is exonerated from any type of responsibility derived from comments made by users and followers on its social networks.

FRESHLY COSMETICS may use the profiles described above to inform its users of topics that it considers to be of interest to them.

3. What personal information do we collect about you?

The personal data we collect is the following:

• Identification data. Name and surname, address, email, and telephone number.
• Payment information. The payments of our products are managed through the platform of the entity Adyen B.V, and Paypal, Bizum, Checkout so FRESHLY COSMETICS does not collect any personal bank details.
• Personal data to create a routine with our products like gender, pregnancy related information, age, skin type, etc
• Profile data: username and password, purchases or orders placed, preferences, comments and survey responses, plus any profile data we may add (such as through the use of data analytics or profiling).
• Information about your visits to the website www.freshlycosmetics.com IP address of your device, date, and time of access. For more information on this processing, please see our Cookie Policy.
• Any information that you, voluntarily, send us to our email address [email protected] or provide through other communication channels.
• Any information that you, voluntarily, publicly share on FRESHLY COSMETICS' social networks. This information will be subjected to the privacy policy of the social network in which you share it, so we recommend you to check the privacy settings on your profile.
• Marketing or communication data, about your preferences when receiving marketing communications from us, or a third party.

We also collect, use and share aggregated statistical or demographic data, regardless of its purpose. Aggregated data can be extracted from your personal data, although it is not legally considered personal data, as it does not reveal your identity directly or indirectly. For example, we may aggregate your usage data to calculate the percentage of users accessing a particular web feature. In order to improve the service and content we offer, the FRESHLY COSMETICS website uses the Google Analytics web analysis service.

However, if we combine or link aggregate data with your personal information in a way that allows direct or indirect identification, we will treat the combined data as personal data, as described in this Privacy Policy.

4. Do we treat data of minors?

The sale of our products is not directly addressed to minors. However, those under 16 who wish to register on our website and/or purchase our products, must have the authorisation of the parent/guardian or legal representative.

Moreover, in the event that you share images on our social networks that appear under 16 years of age, you must ensure that you have previously obtained the authorisation of the parent/guardian or legal representative of the minor.

FRESHLY COSMETICS reserves the right to request the accreditation of said authorisation at anytime.

5. Why do we treat your personal data?

FRESHLY COSMETICS may treat your personal data with the following purposes:

• Provide you with the information you request about our products.
• Guarantee the correct processing of your order. For example, when you make a purchase with us through our website.
• Register you as a user of our website.
• Manage the subscription to our newsletter and the sending of commercial communications.
• Management of the subscription to the loyalty programme.
• Manage your participation in giveaways, promotions and/or surveys.
• We do a personalised test so that you can find out which is the best routine for you, so we need to collect some data that is considered sensitive. The data we need are: gender, age, skin type, pregnancy, habits, etc.
• We use your identifying, technical and contact, tracking, usage and profile data to create a picture of what we think you may want or need, or what may be of interest to you. This use allows us to decide what products, services, and offers may be relevant to you in order to provide the right information about them. This process is called "direct marketing".
• We also collect personal data from your CV via our website. For example, if there is a vacancy available at FRESHLY COSMETICS that suits you, we’ll be pleased to review your vacancy.
• When we have to comply with any legal or regulatory obligation. For example, the retention of sales records to meet our tax obligations.

We always try to make it very clear on our website what we do and what communications we will send you, both when you decide to sign up for our newsletter, or to participate in any promotion or survey. Of course, you have the right to change your mind whenever you want and unsubscribe from these services. The easiest way to unsubscribe and revoke your consent unilaterally at any time is to send an email to [email protected] (or [email protected] in case of UK) or by clicking on the unsubscribe link at the bottom of each communication.

6. What is the legitimacy for the processing of your personal data?

We only use your personal data when the law allows as so. Please note that, depending on the specific purpose for which we use your personal data, these may be processed on more than one legal basis. Generally, this will happen in the following circumstances:

1. Execution of a contract: for the management of your purchases through our website.
2. Consent: We need this basis of legitimacy for the following purposes:
   • Manage the subscription to our newsletter and the sending of commercial communications.
   • Management of the subscription to the loyalty programme.
   • Manage your participation in giveaways, promotions and/or surveys.
   • Acceptance of cookies for direct marketing and/or profiling.
   • Carry out the test for personalisation of services/products.
   • Manage your application for a vacancy.
   • Commercial profiling based on harmonised personal data.
3. Compliance with FRESHLY COSMETICS' legal obligations.
   • Fraud investigation.
4. FRESHLY COSMETICS' legitimate interest in improving our products and customer service, or handling your enquiries.

If you need more information don't hesitate to get in touch with us.

7. Who has access to your personal data?

Your personal data will be only communicated to those people or entities who need access to them in order to manage the orders of our products.

1. Hosting provider:
   • Amazon Web Services. To learn more about how this provider treats its services, please consult the privacy policy through the following link: https://aws.amazon.com/es/compliance/data-privacy/.
2. Payment providers:
   • Aplazame: Only applicable in Spain and Portugal. For more information please consult its privacy policy at https://aplazame.com/legal/privacy-policy. In accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC ("GDPR") you are hereby informed that, should you select the Aplazame deferred payment service, your name, surname, ID or NIE number, e-mail address, billing, and delivery address and the product you wish to purchase and its price will be transferred to APLAZAME, S. L. (hereinafter "APLAZAME"), with registered office in Madrid (28020), Calle Tiziano, 5, N.I.F B-87.074.977, so that APLAZAME can process the application for financing and, where appropriate, analyse, evaluate and manage the loans that you as a user request, in accordance with its data protection policy, which can be found at https://aplazame.com/legal/privacy-policy/. At any given moment, you may exercise your rights of access, rectification, deletion, opposition, portability, and limitation of the data that corresponds to you as a user, by sending a communication to [email protected].
3. Chat. In our interaction with clients or users, we use two platforms. To be able to learn more about them, and understand how they treat data, please check both private policies on:
   • Zendesk. https://www.zendesk.es/company/agreements-and-terms/privacy-policy.
   • Oct8ne. https://oct8ne.com/privacy-policy.
4. Software to send commercial communications:
   • Klaviyo. For more information about this software, and to learn more about how they treat personal data, please consult their privacy policy at https://www.klaviyo.com/legal.

We require all third parties with whom we work to respect the security of your personal data and to process it in accordance with applicable law. We also do not allow third party service providers to use your personal data for their own benefit, and we ensure that they only process it for the specified purposes and in accordance with our instructions.

International data transfers

Whenever we transfer your personal data outside the European Economic Area, we will comply with applicable data protection laws. Here are some of the mechanisms we may use when we make an international transfer:

• The transfer of your personal data is to a country that is officially recognised by the European Commission as ensuring an adequate level of protection for personal data.
• We reserve the right to use specific contracts approved by the European Commission that give personal data the same protection as they enjoy in Europe ( EU standard clauses).

8. How long do we keep your data?

Your personal data will be kept for as long as necessary to fulfil the purposes for which they were collected. After that time, FRESHLY COSMETICS will proceed to remove them from their systems, without excluding the possibility of keeping them, limiting their treatment to the exercise and defence of claims, in the terms provided by applicable legislation.

9. What security measures do we apply to the processing of your data?

FRESHLY COSMETICS applies security measures to guarantee the confidentiality, availability, and resilience of the personal data processing systems. We carry out verification and evaluation processes of the technical and organisational measures implemented, in order to guarantee the security of personal data at all times.

10. What are your rights?

You can exercise the rights listed below, by sending an email to [email protected] (Or contacting the address [email protected] if you are from the United Kingdom):

• Request FRESHLY COSMETICS to confirm whether they are treating your personal data or not.
• Access your personal data, request the rectification of those that are inaccurate or, if applicable, request their deletion when, among other causes, they are no longer necessary for the purposes for which they were collected.
• In certain cases, request the limitation of the processing of your data. In this case, we will only keep your data for the exercise or defence of claims.
• In certain circumstances, oppose the processing of your data.
• Request the portability of your data.
• Revoke the consent that, in your case, you have granted for the treatment of your data by FRESHLY COSMETICS.
• File a claim with the Spanish Agency for Data Protection