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Terms and conditions

I. GENERAL INFORMATION

In fulfillment with the duty of information arranged in the Law 34/2002 of Services of the Society of the Information and the Electronic Commerce (LSSI-EC) of July 11, the following data of general information of this Web site are facilitated next:

The ownership of this website, www.siennaactivewear.com, (hereinafter Website) is held by: Adriana Hung Colina, with NIF: 30376695C, and whose contact details are:

Address: Calle Sant Sever  8, 4-2. Barcelona -Spain. 08002 

Contact telephone: 651338025          

Contact email: hello@siennaactivewear.com

II. GENERAL TERMS AND CONDITIONS OF USE

The object of the conditions: The Website

The purpose of these General Terms and Conditions of Use (hereinafter, Terms and Conditions) is to regulate access to and use of the Website. For the purposes of these Terms and Conditions shall mean the Website: the external appearance of the screen interfaces, both statically and dynamically, which means the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Content) and all those services or online resources that may be offered to Users (hereinafter, Services).

SIENNA Activewear reserves the right to modify, at any time and without notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and agrees that at any time SIENNA Activewear may discontinue, disable and / or cancel any of these elements that are integrated into the Website or access to them.

Apart from the cost of connection through the telecommunications network provided by the access provider, and that the User has contracted, some of the Content or Services offered by SIENNA Activewear or, where appropriate, third parties through the Website may be subject to the prior contracting of the Content or Service, in which case it will be clearly specified and / or made available to the User the relevant General or Special Conditions governing this.

The use of any of the Contents or Services of the Website may be made through the prior subscription or registration of the User.

The User

Access, navigation and use of the Website, as well as the spaces provided for interaction between Users, and the User and SIENNA Activewear, such as comments and / or blogging spaces, confers the status of User, so that the User accepts, from the moment he/she starts browsing the Website, all the Terms and Conditions set forth herein, as well as its subsequent amendments, without prejudice to the application of the relevant legal regulations of mandatory compliance as the case may be. Given the relevance of the above, the User is recommended to read them every time you visit the Website.

The SIENNA Activewear Website provides a wide range of information, services and data. The User assumes responsibility for making proper use of the Website. This responsibility shall extend to:

  • A use of the information, Content and / or Services and data offered by SIENNA Activewear without being contrary to the provisions of these Conditions, the Law, morality or public order, or otherwise may involve injury to the rights of third parties or the operation of the Website.
  • The truthfulness and legality of the information provided by the User in the forms provided by SIENNA Activewear for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify SIENNA Activewear about any event that allows the misuse of the information registered on such forms, such as, but not limited to, the theft, loss, or unauthorized access to identifiers and / or passwords, in order to proceed to its immediate cancellation.

SIENNA Activewear reserves the right to remove any comments and contributions that violate the law, respect for the dignity of the person, which are discriminatory, xenophobic, racist, pornographic, spamming, that violate youth or childhood, order or public safety or, in his opinion, are not suitable for publication.

In any case, SIENNA Activewear will not be responsible for the opinions expressed by users through comments or other blogging or participation tools that may exist.

Simple access to this Website does not imply any commercial relationship between SIENNA Activewear and the User.

The User declares to be of legal age and have sufficient legal capacity to be bound by these Conditions. Therefore, this SIENNA Activewear Website is not intended for minors. SIENNA Activewear disclaims any liability for failure to comply with this requirement.

The Website is primarily intended for Users residing in Spain. SIENNA Activewear does not ensure that the Website complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled elsewhere and decides to access and / or browse the Website will do so under his own responsibility, he must ensure that such access and navigation complies with local legislation that is applicable, not assuming SIENNA Activewear any liability that may arise from such access.

III. ACCESS AND NAVIGATION ON THE WEB SITE: EXCLUSION OF WARRANTIES AND LIABILITY

SIENNA Activewear does not guarantee the continuity, availability and usefulness of the Website, or the Content or Services. SIENNA Activewear will make every effort for the proper functioning of the Website, however, is not responsible or guarantee that access to this Website will not be uninterrupted or error free.

Nor does it guarantee or warrant that the content or software that can be accessed through this Website, is free of error or cause damage to the computer system (software and hardware) of the User. In no event shall SIENNA Activewear be liable for any loss or damage of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

SIENNA Activewear is not responsible for any damages that may be caused to users by improper use of this Website. In particular, it is not responsible in any way for the falls, interruptions, failure or defect of telecommunications that may occur.

  1. PRIVACY AND DATA PROTECTION POLICY

In compliance with the provisions of current legislation, SIENNA Activewear (hereinafter also Website) undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated in this privacy policy

This privacy policy is adapted to the Spanish and European regulations in force regarding the protection of personal data on the Internet. Specifically, the same respects the following rules:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
  • The Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights (OLPPD-GDR).
  • Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
  • Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the person responsible for the processing of personal data.

The person responsible for the processing of personal data collected in SIENNA Activewear is: Adriana Hung Colina, with NIF: 30376695C (hereinafter, Data Controller). Her contact details are as follows:

Address: Calle Sant Sever 8, 4-2. Barcelona – Spain. 08002 

Contact telephone: 651338025          

Contact email: hello@siennaactivewear.com

Registration of Personal Data

In compliance with the provisions of the GDPR and the OLPPD-GDR, we inform you that the personal data collected by SIENNA Activewear through the forms provided on its pages will be incorporated and processed in our files in order to facilitate, expedite and fulfill the commitments established between SIENNA Activewear and the User or the maintenance of the relationship established in the forms filled out by the User, or to meet a request or query from the User. Also, in accordance with the provisions of the GDPR and the OLPPD-GDR, unless the exception provided in Article 30.5 of the GDPR applies, a record of processing activities that specifies, 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 shall be subject to the following principles contained in Article 5 of the GDPR and in Article 4 and subsequent articles of the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:

  • Principle of lawfulness, fairness and transparency: the consent of the User shall be required at all times following fully transparent information of the purposes for which the personal data are collected.
  • Principle of purpose limitation: personal data will be collected for specified, explicit and legitimate purposes.
  • Principle of data minimization: the personal data collected 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 up to date.
  • Principle of limitation of the storage period: personal data shall only be kept in such a way as to allow the identification of the User for the time necessary for the purposes for which they are processed.
  • Principle of integrity and confidentiality: personal data will be processed in such a way as to ensure their security and confidentiality.
  • Principle of proactive responsibility: the Data Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by SIENNA Activewear are solely identification data. In no case are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. SIENNA Activewear undertakes to obtain the express and verifiable consent of the User for the processing of personal data for one or more specific purposes.

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

In the occasions in which the User must or may provide his data through forms to make inquiries, request information or for reasons related to the content of the Website, he will be informed in case the completion of any of them is mandatory because they are essential for the proper development of the operation performed.

Purposes of the processing for which the personal data is used

Personal data are collected and managed by SIENNA Activewear in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills or to respond to a request or inquiry.

Also, the data may be used for commercial purposes of personalization, operational and statistical, and activities of the corporate purpose of SIENNA Activewear, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation through the Website.

At the time the personal data is obtained, the User will be informed about the specific purpose or purposes for which the personal data will be used; that is, the use or uses that will be given to the information collected.

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: 4 years, or until the User requests their deletion.

At the time the personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where 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:

Google Analytics         

1600 Amphitheatre Parkway – Mountain View, California, 94043 – USA

In the event that the Data Controller intends to transfer personal data to a third country or international organization, at the time the personal data is obtained, 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 a Commission adequacy decision.

Personal data of minors

Respecting the provisions of Articles 8 of the GDPR and 7 of the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may give their consent to the processing of their personal data in a lawful manner by SIENNA Activewear. In the case of a minor under 14 years of age, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

SIENNA Activewear undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and prevent accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

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

However, because SIENNA Activewear 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 notify the User without undue delay when there is a breach of security of personal data that is likely to involve a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.

Rights deriving from the processing of personal data

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

  • Right of access: this is the User’s right to obtain confirmation of whether or not SIENNA Activewear is processing their personal data and, if so, to obtain information about their specific personal data and the processing that SIENNA Activewear has carried out or will carry out, as well as, among others, the information available on the origin of such data and the recipients of the communications made or planned for them.
  • Right of rectification: This is the User’s right to have his or her personal data that proves to be inaccurate or, taking into account the purposes of the processing, incomplete, modified.
  • Right of erasure (“the right to be forgotten”): This is the User’s right, provided that the legislation in force does not provide otherwise, to obtain the deletion of his/her personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his/her consent to the processing and the processing has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data have been processed unlawfully; the personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Controller, taking into account the technology available and the cost of its implementation, shall take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for the deletion of any link to such personal data.
  • Right to limitation of processing: This is the User’s right to limit the processing of his/her personal data. The User has the right to obtain the limitation of processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
  • Right to data portability: Where processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format, and to transmit it to another Controller. Whenever technically possible, the Data Controller shall transmit the data directly to such other controller.
  • Right to object: This is the User’s right not to have his or her personal data processed or to cease the processing of such data by SIENNA Activewear.
  • Right not to be subject to a decision based solely on automated processing, including profiling: It is the right of the User not to be subject to an individualized decision based solely on automated processing of personal data, including profiling, existing unless otherwise provided by law.

Hence, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference ” GDPR-www.siennaactivewear.com”, specifying:

  • Name, surname of the User and copy of the ID card. In cases where the representation is admitted, it will also be necessary the identification by the same means of the person representing the User, as well as the document proving the representation. The photocopy of the DNI may be replaced by any other means valid in law that proves the identity.
  • Petition with the specific reasons for the request or information to be accessed.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document that accredits the request being made.

This request and any other attached documents may be sent to the following address and/or e-mail address:

Postal address: Calle Sant Sever 8, 4-2. Barcelona – Spain. 08002  

E-mail: hello@siennaactivewear.com

Claims before the supervisory authority

In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his/her personal data is being processed, he/she shall have the right to effective judicial protection and to file a complaint before a supervisory authority, in particular, in the State where he/she has his/her habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes to this privacy policy

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy and Cookies Policy, as well as to accept the processing of their personal data so that the Data Controller can proceed in the manner, during the periods and for the purposes indicated. The use of the Website implies acceptance of the Privacy and Cookies Policy of the same.

SIENNA Activewear reserves the right to modify its Privacy and Cookies Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy and Cookies Policy will be explicitly notified to the User.

This Privacy and Cookies Policy was updated on June 18, 2021 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and to Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights

  • COOKIES POLICY

Access to this Web Site may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User -in the different devices that can be used to navigate- so that the server remembers certain information that later and only the server that implemented it will read. Cookies make browsing easier, more user-friendly, and do not damage the browsing device.

Cookies are automatic procedures for collecting information related to the preferences determined by the User during his visit to the Web Site in order to recognize him as a User, and personalize his experience and use of the Web Site, and can also, for example, help identify and resolve errors.

Information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website, and the sites visited just before and just after the Website. However, no cookie allows this cookie to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to be part of the Cookie file is for the User to personally give that information to the server.

Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above shall apply to them. In this sense, for the use of these cookies, the consent of the User will be necessary. This consent will be communicated, on the basis of a genuine choice, offered by means of an affirmative and positive decision, before the initial processing, removable and documented.

Third-party cookies

These cookies are used and managed by external entities that provide SIENNA Activewear services requested by the same to improve the Website and the user experience when browsing the Website. The main purposes for which third-party cookies are used are to obtain access statistics and analyze navigation information, it means, how the User interacts with the Website.

The information obtained refers, for example, to the number of pages visited, the language, the place where the IP address from which the User accesses, the number of Users accessing, the frequency and recurrence of visits, the time of visit, the browser used, the operator or type of device from which the visit is made. This information is used to improve the Web Site, and to detect new needs in order to offer the Users a Content and/or service of optimum quality. In any case, the information is collected anonymously and Web Site trend reports are prepared without identifying individual users.

You can obtain more information about cookies, privacy information, or consult the description of the type of cookies used, their main characteristics, expiration period, etc. in the following link(s):

Google Analytics         

https://developers.google.com/analytics?hl=es

The entity(ies) in charge of the provision of cookies may transfer this information to third parties, if required by law or if a third party processes this information for such entities.

Social media cookies

SIENNA Activewear incorporates social media plugins, which allow access to social networks from the Website. For this reason, social network cookies may be stored in the User’s browser. The owners of these social networks have their own data protection policies and cookies, being themselves, in each case, responsible for their own files and their own privacy practices. The User must refer to them for information about these cookies and, where appropriate, the processing of personal data. For information purposes only, the links where you can consult these privacy policies and / or cookies are indicated below:

Facebook: https://www.facebook.com/policies/cookies/

Twitter: https://twitter.com/es/privacy

Instagram: https://help.instagram.com/1896641480634370?ref=ig

Youtube: https://policies.google.com/privacy?hl=es-419&gl=mx

Google+: https://policies.google.com/technologies/cookies?hl=es

Pinterest: https://policy.pinterest.com/es/privacy-policy

LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookie

Tiktok: https://www.tiktok.com/legal/cookie-policy?lang=es

Disabling, rejecting and deleting cookies

The User can disable, reject and delete cookies – in whole or in part – installed on their device by configuring their browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser that he/she is using. In the event that you reject the use of cookies – in whole or in part – you may continue to use the Web Site, although you may be limited in the use of some of its features.

Changes in the Cookies Policy

It is possible that the Cookies Policy of the Website may change or be updated, therefore it is recommended that the User reviews this policy each time he/she accesses the Website in order to be properly informed about how and why we use cookies.

VI. LINKING POLICY

The User or third party who makes a hyperlink from a web page of another, different, website to the SIENNA Activewear Website should know that:

The reproduction – in whole or in part – of any of the Contents and/or Services of the Website is not permitted without the express authorization of SIENNA Activewear.

No false, inaccurate or incorrect representation about the SIENNA Activewear Website, or the Content and / or Services of the same is allowed.

Except for the hyperlink, the website on which the hyperlink is established shall not contain any element of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorized by SIENNA Activewear.

The establishment of the hyperlink does not imply the existence of relations between SIENNA Activewear and the owner of the website from which it is made, nor the knowledge and acceptance of SIENNA Activewear of the content, services and / or activities offered on the website, and vice versa.

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

SIENNA Activewear itself or as an assignee, owns all intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are, therefore, works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and signed by Spain.

All rights reserved. Under the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including its mode of making available, of all or part of the contents of this website for commercial purposes, in any medium and by any technical means, without the authorization of SIENNA Activewear, are expressly prohibited.

The User agrees to respect the intellectual and industrial property rights of SIENNA Activewear. You may view the elements of the Website or even print, copy and store them on the hard drive of your computer or any other hardware provided it is solely for personal use. The User, however, may not remove, alter or manipulate any protection device or security system installed on the Website.

In the event that the User or third party considers that any of the Contents of the Website involves a violation of the rights of protection of intellectual property, it must immediately notify SIENNA Activewear through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

SIENNA Activewear reserves the right to file civil or criminal actions it deems necessary for the misuse of the Website and Content, or for breach of these Conditions.

The relationship between the User and SIENNA Activewear shall be governed by the regulations in force and applicable in the Spanish territory. Should any dispute arise in relation to the interpretation and / or application of these Terms and Conditions, the parties shall submit their disputes to the ordinary jurisdiction submitting to the judges and courts that apply according to law.

Last modification: June 18, 2021