I. PRIVACY POLICY AND DATA PROTECTION

Respecting the current legislation, Kluco Store (hereinafter also referred to as the Website) commits to adopting the necessary technical and organizational measures, according to the security level appropriate to the risk of the collected data.

Laws incorporated into this privacy policy

This privacy policy is adapted to the current Spanish and European regulations on the protection of personal data on the internet. Specifically, it complies with the following rules:

• The Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals concerning the processing of personal data and the free movement of this data (GDPR).
• Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
• Royal Decree 1720/2007, of December 21, approving the Regulation for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
• Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).

Identity of the controller of personal data processing

The controller of the personal data collected on Kluco Store is: Pere Codina Clua, with NIF: 38102373k (hereinafter, Data Controller). The contact details are as follows:

Address: Camí de la torre 15, 08415 Bigues i Riells, Barcelona, Spain

Contact phone: 676973432

Contact email: info@kluco.net

Registry of Personal Data

In compliance with the GDPR and the LOPD-GDD, we inform you that the personal data collected by Kluco Store, through the forms on its pages, will be incorporated and processed in our file to facilitate, expedite, and fulfill the commitments established between Kluco Store and the User, or the maintenance of the relationship established in the forms they fill out, or to address a request or query. Also, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided in Article 30.5 of the GDPR applies, a record of processing activities specifying, according to their purposes, the processing activities carried out, and other circumstances established in the GDPR, is maintained.

Principles applicable to the processing of personal data

The processing of the User’s personal data will be subject to the following principles outlined in Article 5 of the GDPR and in Article 4 and following of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:

• Principle of legality, loyalty, and transparency: the User’s consent will be required at all times after prior transparent information about the purposes for which personal data is collected.
• Principle of purpose limitation: personal data will be collected for specific, explicit, and legitimate purposes.
• Principle of data minimization: the collected personal data will be only those strictly necessary in relation to the purposes for which they are processed.
• Principle of accuracy: personal data must be accurate and always kept up to date.
• Principle of limited storage period: personal data will only be kept in a form that allows the identification of the User for the time necessary for the purposes of its processing.
• Principle of integrity and confidentiality: personal data will be processed in a way that guarantees its security and confidentiality.
• Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed on Kluco Store are only identifying data. In no case, special categories of personal data within the meaning of Article 9 of the GDPR are processed.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Kluco Store commits to obtaining the explicit and verifiable consent of the User for the processing of their personal data for one or more specific purposes.

The User will have the right to withdraw their consent at any time. Withdrawing consent will be as easy as giving it. As a general rule, the withdrawal of consent will not condition the use of the Website.

On occasions when the User must or can provide their data through forms to make inquiries, request information, or for reasons related to the content of the Website, they will be informed in case the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.

Purposes of the processing for which personal data are intended

The personal data are collected and managed by Kluco Store with the aim of facilitating, expediting, and fulfilling the commitments established between the Website and the User or the maintenance of the relationship established in the forms the latter fills out, or to address a request or query.

Likewise, the data may be used for a commercial purpose of personalization, operation, and statistics, and activities inherent to the corporate purpose of Kluco Store, as well as for the extraction, storage of data, and marketing studies to adapt the Content offered to the User, as well as improve the quality, operation, and navigation of the Website.

At the time of obtaining personal data, the User will be informed about the specific purpose or purposes of the processing to which the personal data will be destined; that is, the use or uses that will be given to the collected information.

Retention periods of personal data

Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 18 months, or until the User requests their deletion.

At the time of obtaining personal data, the User will be informed about the period during which personal data will be retained, or when this is not possible, the criteria used to determine this period.

Recipients of personal data

The User’s personal data will be shared with the following recipients or categories of recipients:

Printful Inc. – 11025 Westlake Dr, Charlotte, NC 28273, USA

If the Data Controller intends to transfer personal data to a third country or international organization, at the time of obtaining personal data, the User will be informed about the third country or international organization to which the data is intended to be transferred, as well as the existence or absence of an adequacy decision from the Commission.

Personal data of minors

Respecting the provisions of Articles 8 of the GDPR and 7 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age can give their consent for the lawful processing of their personal data by Kluco Store. If it is a minor under 14 years of age, the consent of the parents or guardians will be necessary for the processing, and it will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Kluco Store commits to adopting the necessary technical and organizational measures, according to the security level appropriate to the risk of the collected data, to guarantee the security of personal data and prevent the destruction, loss, or accidental or unlawful alteration of transmitted, stored, or otherwise processed personal data, or unauthorized access or communication of such data.

The Website has an SSL (Secure Socket Layer) certificate, ensuring that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, is fully encrypted or encoded.

However, because Kluco Store cannot guarantee the impregnability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to promptly inform the User when a security breach of personal data occurs that is likely to result in a high risk to the rights and freedoms of individuals. In accordance with Article 4 of the GDPR, a security breach of personal data is understood to be any breach of security that causes the destruction, loss, or alteration, accidental or unlawful, of transmitted, stored, or otherwise processed personal data, or unauthorized access or communication of such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and ensure, through a legal or contractual obligation, that confidentiality is respected by its employees, associates, and anyone to whom it makes the information available.

Rights derived from the processing of personal data

The User has over Kluco Store and may, therefore, exercise the following rights against the Data Controller as recognized in the GDPR and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:

• Right of access: It is the User’s right to obtain confirmation of whether Kluco Store is processing their personal data and, if so, obtain information about their specific personal data and the processing that Kluco Store has carried out or is carrying out, as well as, among other things, information available on the origin of such data and the recipients of the communications made or planned for them.
• Right of rectification: It is the User’s right to have their personal data modified if it is inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure (“the right to be forgotten”): It is the User’s right, whenever current legislation does not establish otherwise, to obtain the erasure of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis for it; the User opposes the processing and there is no legitimate reason to continue it; the personal data has been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its implementation, must take reasonable measures to inform the controllers who are processing the personal data of the data subject’s request for deletion of any link to that personal data.
• Right to restriction of processing: It is the User’s right to limit the processing of their personal data. The User has the right to obtain the limitation of processing when challenging the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to file claims; and when the User has objected to the processing.
• Right to data portability: In cases where the processing is carried out by automated means, the User has the right to receive their personal data from the Data Controller in a structured, commonly used, and machine-readable format, and to transmit them to another data controller. Whenever technically feasible, the Data Controller will transmit the data directly to that other controller.
• Right to object: It is the User’s right not to have their personal data processed or to stop the processing by Kluco Store.
• Right not to be subject to a decision based solely on automated processing, including profiling: It is the User’s right not to be subject to an individualized decision based solely on automated processing of their personal data, including profiling, except as provided by current legislation.

Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference “GDPR-www.kluco.store,” specifying:

• Name, surnames of the User, and a copy of the ID. In cases where representation is admitted, identification by the same means of the person representing the User will also be necessary, as well as the documentary proof of the representation. A photocopy of the ID may be substituted by any other valid means in law that proves identity.
• Request with the specific reasons for the request or information to which access is sought.
• Domicile for notification purposes.
• Date and signature of the applicant.
• Any document substantiating the request being made.

This request and any accompanying documents may be sent to the following address and/or email:

Postal address: Camí de la torre 15

Email: info@kluco.net

The User has the right to obtain a confirmation about whether Kluco Store is processing personal data concerning them or not.

The Data Controller will carry out the actions requested within one month of receiving the User’s request. This period may be extended by two months if necessary, taking into account the complexity and number of requests. The Data Controller will inform the User of the extension within one month of receiving the request, stating the reasons for the delay.

If the Data Controller does not attend the User’s request, in any case, they will inform them within one month of the request, indicating the reasons for not doing so, and the User will be able to file a claim with the supervisory authority and exercise legal actions.

Claim before the supervisory authority

If the User considers that there is a problem with the way in which Kluco Store is handling their data, they may address their claims to the Data Protection Officer of Kluco Store or the corresponding data protection authority, being the Spanish Agency the Data Protection in the case of Spain.

The supervisory authority will hear the claim and inform the claimant of the course and result of it. Any other administrative or judicial remedy available will not prejudice the user’s right to file a claim before the supervisory authority.

To file a claim with the Spanish Data Protection Agency, the User can contact the following address:
Agencia Española de Protección de Datos
C/ Jorge Juan, 6
28001 Madrid
Teléfono 901 100 099 / 91 266 35 17
www.agpd.es

Accuracy and veracity of personal data

The User is solely responsible for the accuracy and correctness of the data sent to Kluco Store, exonerating the Data Controller from any responsibility in this regard. Users guarantee and respond, in any case, to the accuracy, validity, and authenticity of the personal data provided, and undertake to keep them duly updated.

The User agrees to provide complete and correct information in the registration or subscription form. Kluco Store is not responsible for the veracity of the information not produced by themselves and for which another source is indicated, so it does not assume any responsibility for hypothetical damages that may arise from the use of said information.

Kluco Store reserves the right to update, modify, or delete the information contained in its web pages, and may even limit or deny access to said information. Kluco Store is exempt from liability for any damage or harm that the User may suffer as a result of errors, defects, or omissions in the information provided by Kluco Store, provided that it comes from sources other than Kluco Store.

Changes to the privacy policy

Kluco Store reserves the right to modify this policy to adapt it to new legislation or jurisprudence, as well as to industry practices. In such cases, Kluco Store will announce on this page the changes introduced with reasonable anticipation of their implementation.

Commercial emails

According to the LSSICE, www.kluco.store does not perform SPAM practices, so it does not send commercial emails that have not been previously requested or authorized by the User. Consequently, in each of the forms available on the web, the User has the possibility of giving their express consent to receive the newsletter, regardless of the commercial information promptly requested.

In accordance with the provisions of Law 34/2002 on Information Society and Electronic Commerce Services, www.kluco.store undertakes not to send communications of a commercial nature without properly identifying them.

Document revised on 01-02-2024.