Privacy Policy

In this Privacy Policy, you will find all the relevant information regarding ITOMORI’s use of the personal data provided by our customers and users when they interact with us. We are transparent about what we do with your personal data, so that you understand the implications of how we use it and the rights you have in relation to your data. To this end, we make all the information in this Privacy Policy permanently available to you; you may consult it whenever you see fit. Furthermore, you will also find information about each instance of processing of your personal data as you interact with us.

Who is the data controller?

Domain name: itomori.es
Company name: ITOMORI SL
CIF: B-24917189
Registered office: Calle Carlos Mackintosh No. 3, Puerta del Mar Building, Office 7A, Postcode: 29601, Marbella, Málaga
Telephone: +34 687 90 80 53
Email: contact@itomori.es

Policy updates

ITOMORI SL may amend this privacy policy without prior notice whenever necessary to bring it into line with any legislative, regulatory, case-law or administrative changes, or in order to adapt the policy to instructions issued by the Data Protection Agency or for any other legitimate reason requiring such an amendment; notwithstanding the foregoing, any such amendments will be published and announced on the ITOMORI SL website.

In view of the above, ITOMORI SL recommends that users read these policies regularly so that they are aware of any changes made to them.

Purpose and legal basis for the activity log

Depending on the products, services or features you wish to use at any given time, we will need to process certain data; generally speaking, depending on the circumstances, this will include the following:

Your personal details (for example, your first name, surname, contact details, etc.).
Financial and transactional information (for example, your payment or card details, information about your purchases, orders, returns, etc.).
Connection and browsing data
Commercial information (for example, whether you have subscribed to our newsletter), details of your tastes and preferences.

Please bear in mind that, when we ask you to provide your personal details to grant you access to a particular feature or service on the website, we will mark certain fields as mandatory, as these are details we need in order to provide you with the service or grant you access to the feature in question. Please note that, if you choose not to provide us with these details, you may not be able to complete your user registration or make use of those services or features.

Depending on how you interact with our website, we will process your personal data for the following purposes:

To manage your registration as a user of the website.
For the performance, fulfilment and execution of the contract of sale or service contract that you have entered into with us via the website.
Browsing the website and using our digital platforms: We process your information to enable and facilitate your access to and navigation of our digital platforms, as well as to provide you with the services we offer through them.
Improving the services we offer and security: We also use the information to maintain, improve and ensure the effectiveness of our services and digital platforms, which enables us to develop new features, protect the security of your data and our digital platforms, and detect and prevent fraud in transactions.

Should you decide to register as a user on our website, we need to process your data in order to identify you as a user of the site and grant you access to the various features, products and services available to you as a registered user. You can cancel your registered user account by contacting us via Customer Services. This purpose includes the processing of your data, primarily for the following:

To contact you regarding updates or information relating to the features, products or services you have signed up for, including sending out quality surveys on the products or services provided.
Manage payment for the products you buy, regardless of the payment method used.

For example:

If, when purchasing any of our products via the website, you choose to enable the feature that saves your card details for future purchases, we need to process the specified data in order to activate and operate this feature. Consent to activate this feature allows your payment details to be auto-filled for subsequent purchases so that you do not have to re-enter them each time, and they will be deemed valid and current for future purchases. You can amend or delete your cards at any time via the payment details section.
To put in place the necessary measures to prevent potential fraud against you and against ITOMORI SL during the purchase process. If we believe the transaction may be fraudulent, this processing may result in the transaction being blocked.
To handle any returns once you have made a purchase and to deal with enquiries regarding the availability of our products and product reservations made via the website, subject to the availability of these options at any given time.
For billing purposes and to provide you with receipts and invoices for the purchases you have made on the website.
To ensure you can use other available features or services, such as the purchase, management and use of Gift Cards or Gift Vouchers.
To deal with any enquiries or requests you make via our Customer Service channels. We only process the personal data that is strictly necessary to manage or resolve your enquiry or request.
For marketing purposes. This purpose includes the processing of your data, primarily for the following:
- If you subscribe to our newsletter, we will process your personal data to manage your subscription, including sending you personalised information about our products or services via various channels. We may also send you this information via push notifications if you have enabled them on your mobile device.
- Please remember that you can unsubscribe from the newsletter at any time, free of charge, via the ‘Newsletter’ section of the Platform, or by following the instructions provided in each communication.
- Carrying out promotional activities. By taking part in any promotional activity, you authorise us to process the data you provide in accordance with the terms of each promotional activity and to share it via various channels, such as social media or on the Platform itself.

For every promotional campaign in which you take part, the legal terms and conditions will be available, providing you with more detailed information on how your data is processed.

To publish on the website or via our social media channels photographs or images that you have shared publicly, provided that you give us your consent to do so.
Usability and quality analysis to improve our services.

If you visit our website, please be aware that we will process your browsing data for analytical and statistical purposes; in other words, to understand how users interact with our website so that we can make improvements to it. We also occasionally carry out quality surveys and initiatives designed to gauge the level of satisfaction amongst our customers and users and to identify areas where we can improve.

What is the legal basis for processing your data?

The legal basis that allows us to process your personal data also depends on the purpose for which we process it. And the purpose is:

Managing your registration as a user of the Website
The processing of your data is necessary for the fulfilment of the terms governing the use of the Platform. In other words, in order for you to register as a user on the Website, we need to process your personal data, as otherwise we would be unable to manage your registration. If you choose to log in via a social media platform, the legal basis for our processing of your data is the consent you give when you authorise the transfer of your data from the social media platform.
The development, fulfilment and performance of the contract for the purchase of our products.
The processing of your data is necessary for the performance of the contract of sale or the provision of services between you and us. Some data processing associated with the purchase process may only take place at your request or with your authorisation, such as the storage of payment details (card details) for future purchases or to inform you of the availability of our products. In these cases, the legal basis on which we process your data is your own consent. We consider that we have a legitimate interest in carrying out the necessary checks to detect and prevent potential fraud when you make a purchase. We believe that the processing of this data is beneficial to all parties involved when a purchase is paid for, and in particular to you, as it enables us to put measures in place to protect you against attempts at fraud by third parties.
Customer Service
We consider that we have a legitimate interest in responding to any requests or enquiries you submit to us via the various available contact channels. We believe that the processing of this data is also beneficial to you, as it enables us to assist you appropriately and resolve any enquiries you may have. When you contact us, in particular to resolve issues relating to your order or the product/service purchased via the website, the processing is necessary for the performance of the contract of sale. Where your enquiry relates to the exercise of the rights set out below, or to complaints regarding our products or services, our legal basis for processing your data is compliance with our legal obligations.
Marketing
The lawful basis for processing your data for marketing purposes is the consent you give us, for example, when you agree to receive personalised information via various channels or when you accept the legal terms and conditions for taking part in a promotional campaign.

Usability and quality analysis

We consider that we have a legitimate interest in analysing the website’s usability and user satisfaction levels, as we believe that processing this data is also beneficial to you, given that the aim is to improve the user experience and provide a higher-quality service.

Consent

Please note that where a user does not have a business relationship with ITOMORI SL and sends an email or other communication to the WEBSITE OWNER, providing other personal data, that user shall be giving their free, unambiguous, specific, informed and express consent to the processing of their personal data by ITOMORI SL for the purposes set out above, as well as to respond to their communication or send documentation.

For the same purposes, ITOMORI SL hereby informs you that, should you send an email or provide the WEBSITE OWNER with your personal data by virtue of the position you hold within a company – whether as an administrator, manager, representative and/or in any other capacity as a contact person within the company – it shall be understood that such communication constitutes your free, unambiguous, specific, informed and express consent to the processing of their personal data by ITOMORI SL, for the purposes set out above.

Identification of the recipients to whom ITOMORI SL intends to transfer data or grant access to data on behalf of third parties

ITOMORI SL intends to transfer or disclose data only to the extent required under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter the GDPR) and Organic Law 3/2018 on the Protection of Personal Data and the Guarantee of Digital Rights, in order to fulfil its obligations towards public authorities, bodies or individuals directly related to ITOMORI SL , in cases where this is required in accordance with the legislation in force in each area and at any given time, as well as the transfers necessary for the management of the purchase made, such as to carriers; or in cases where you have given your express consent.

Similarly, the WEBSITE OWNER hereby informs the user that any other transfer of data that may be required will be brought to their attention where provided for by the GDPR, informing them expressly, precisely and unequivocally of the recipients of the information, the purpose for which the data will be used, and the nature of the data transferred; or, where applicable, where the GDPR so provides, in advance, the user’s specific, unambiguous and informed consent will be sought in advance.

However, ITOMORI SL hereby informs users and customers that any processing of personal data is subject to the data protection legislation currently in force in Spain, as set out in the GDPR and its supplementary and implementing regulations. In this regard, ITOMORI SL is solely responsible for, and guarantees the confidentiality of, the personal data it requests from users via the website.

Data quality

ITOMORI SL The user is advised that, unless there is a legally authorised representative, no user may use another person’s identity or disclose that person’s personal data; therefore, the user must at all times bear in mind that they may only provide personal data relating to their own identity, and that such data must be appropriate, relevant, up-to-date, accurate and truthful. To this end, the user shall be solely liable for any direct and/or indirect damage caused to third parties or to the WEBSITE OWNER through the use of another person’s personal data, or their own personal data where such data is false, erroneous, out of date, inappropriate or irrelevant. Similarly, any user who uses a third party’s personal data shall be liable to that third party for the duty to provide information laid down in the GDPR where the personal data has not been collected from the data subject themselves, and/or for the consequences of failing to inform them.

Exercising the rights of access, rectification, restriction of processing, data portability, erasure, objection to processing and deletion of data

We are committed to respecting the confidentiality of your personal data and to ensuring that you can exercise your rights. At ITOMORI SL, we have agreed that you can exercise these rights free of charge by sending us an email to contact@itomori.es, simply stating the reason for your request and the right you wish to exercise.

If we consider it necessary in order to identify you, we may ask you to provide a copy of a document proving your identity.

In particular, regardless of the purpose or the legal basis on which we process your data, you have the right to:

Request access to the data we hold about you. Please note that if you are a registered user of the website, you can also view this information in the section relating to your personal data.
Ask us to correct the data we already hold. Please remember that if you are a registered user of the website, you can also access the section of your account relating to your personal data to amend or update your personal details. In any case, please bear in mind that, by actively providing us with your personal data by any means, you guarantee that it is true and accurate and undertake to notify us of any changes or amendments to it. Any loss or damage caused to the Website, the Website operator or any third party as a result of providing incorrect, inaccurate or incomplete information in the registration forms shall be the sole responsibility of the user. Please remember that, as a general rule, you should only provide us with your own personal data, not that of third parties, except as permitted in this Privacy and Cookies Policy.
To request that we erase your data insofar as it is no longer necessary for the purposes for which we need to process it, as set out above, or insofar as we no longer have a legal basis for doing so.
To ask us to restrict the processing of your data, which means that, in certain cases, you may ask us to temporarily suspend the processing of your data or to retain it for longer than is necessary in case you may need it. If you have given us your consent to process your data for any purpose, you also have the right to withdraw that consent at any time. Where our legal basis for processing your data is your consent or the performance of a contract, you will also have the right to request the portability of your personal data. This means you will have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format, so that you can transmit it directly to another organisation, provided this is technically feasible.

Furthermore, 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 would like to inform you of your right to lodge a complaint with the relevant data protection supervisory authority, in particular with: the Spanish Data Protection Agency (https://www.agpd.es/portalwebAGPD/index-ides-idphp.php).

Use of forms for the collection of personal data

On the purchase and contact forms available on the website, where personal data is collected, the user must expressly consent, prior to submitting such data, to having read and accepted the privacy policy by ticking the box ‘I have read and accept the privacy policy’; the content of which can be accessed via the link provided in this legal notice. If the user does not tick the box, the data contained in these forms will not be submitted.

Security measures adopted in relation to the processing of personal data

ITOMORI SL hereby informs the user that, in accordance with the provisions of the GDPR, it has implemented the necessary technical and organisational measures to ensure the security of personal data and to prevent unauthorised alteration, loss, processing or access, taking into account the state of the art, the nature of the data stored and the risks to which it is exposed. ITOMORI SL also guarantees to the user that it will comply with the duty of professional confidentiality regarding users’ personal data and the duty to safeguard such data.

Social Media Policy

It hereby informs users (hereinafter referred to as the “User” or “Users”, as appropriate) that it is the owner of the profiles on social media platforms such as Facebook, Twitter, etc., under the name ITOMORI SL , and that these have been created primarily for the purpose of publicising the services and events organised by ITOMORI SL.

The User has a profile on one of the social media platforms mentioned and has decided to follow the page created by ITOMORI SL , thereby showing an interest in the information posted on the relevant social media platform. By following the ITOMORI SL page, the User is giving their consent for ITOMORI SL to process the personal data published on their profile.

Users can access the social network’s privacy policies at any time, and can also configure their profile to ensure their privacy.

The User’s data on the social network will be processed by ITOMORI SL solely within the social network itself and will under no circumstances be processed by ITOMORI SL outside it.

The User is entitled to exercise their rights of access, rectification, erasure, data portability and restriction; these rights will be defined by the functionality of the social network itself and ITOMORI’s ability to access information from Users’ profiles, and may be exercised solely in relation to information that is under ITOMORI’s control. Similarly, Users may lodge a complaint regarding the protection of their personal data with the Spanish Data Protection Agency at the address C/ Jorge Juan, 6, 28001 – Madrid, should they consider that ITOMORI SL has infringed the rights granted to them under the applicable data protection legislation. ITOMORI SL may take the following actions:

Access to public information regarding the user’s profile.
Send personal, one-to-one messages via the social network’s channels.

Users can always manage their connections, remove content that no longer interests them and restrict who they share their connections with; to do so, they must access their privacy settings on the social network.

Publications

Once registered on the ITOMORI SL website, the User may post comments, links, images or photographs, or any other type of multimedia content supported by the social network. In all cases, the User must be the owner of such content, hold the copyright and intellectual property rights, or have the consent of the third parties concerned. Any publication on the page – whether text, graphics, photographs, videos, etc. – that offends or is likely to offend against morality, ethics, good taste or decency, and/or that infringes, violates or breaches intellectual or industrial property rights, image rights or the law, is expressly prohibited. In such cases, ITOMORI SL reserves the right to remove the content immediately and may request that the User’s account be permanently blocked.

ITOMORI SL accepts no responsibility for content freely published by the User.

Users should bear in mind that their posts will be visible to other Users; they are therefore primarily responsible for their own privacy.

Any images posted on the page will not be stored by ITOMORI SL, but will remain on the social media platform.