1. Privacy Policy
In compliance with the regulations in force on data protection, Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 (GDPR), and Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales (LOPDGDD), Sparc Foundry, S.L. informs the users of its website that the policy applicable to the processing of their personal data is set out below.
1.1. Data Controller
The data controller is the legal entity that decides why and how personal data is processed — in other words, it sets the purposes and means of the processing.
For the purposes of this Data Protection Policy, the data controller is:
Data Controller: Sparc Foundry, S.L.
Address: Calle Oporto, 3, 3º, 36201 Vigo, Pontevedra, España.
Contact email: dataprotection@ardora35.com
1.2. What personal data do we process and how do we protect it?
Personal data means any information relating to an identified or identifiable individual.
The data we collect and process depends on the specific service you request or the contractual relationship you have with us; each section of this Privacy Policy explains what is collected for that particular purpose.
We treat all personal data as strictly confidential and apply appropriate physical, technical and organizational security measures to protect it.
You are responsible for ensuring that the personal data you provide is accurate, complete, up to date and genuinely yours, and for keeping it updated.
1.3. Data we process from "Website Users"
1. What personal data do we process?
Identification data: full name, email address, telephone number and, where applicable, company and job title.
Any other personal data you choose to include in your message or in the forms available on the website.
2. For what purpose do we process your personal data?
To respond to questions and enquiries submitted through the various forms on the Ardora III-V website.
We treat all personal data as strictly confidential and apply appropriate physical, technical and organizational security measures to protect it.
We keep this data for as long as needed to handle your enquiry, and afterward for the statutory limitation periods that apply to any liability that may arise from the processing, after which it is deleted.
3. What is the legal basis for processing this data?
We rely on your consent (GDPR Art. 6.1.a), given when you voluntarily submit a form or message, together with Sparc Foundry's legitimate interest in managing and responding to enquiries (GDPR Art. 6.1.f).
4. To which recipients will your data be communicated?
We do not share your personal data with any third party, except where required by law.
We do not carry out any international data transfers.
Your data is shared with the following data processors:
Microsoft Office 365: cloud service hosted in Europe.
The hosting and maintenance provider for the Ardora III-V website, based in the European Union.
1.4. Data we process for "Marketing communications"
1. What personal data do we process?
Identification details: full name, email address, phone number and, where relevant, company and job title.
2. Why do we process this data?
To send marketing communications and promotional offers — such as product news, updates or special offers — to our customers and to users who have expressly agreed in advance to receive them. You can object to receiving these communications, or unsubscribe, at any time by emailing dataprotection@ardora35.com.
We treat all personal data as strictly confidential and apply appropriate physical, technical and organizational security measures to protect it.
We keep this data for as long as your consent remains valid. Once you withdraw it or exercise your right to object, your data will be blocked for the legally required period and then deleted.
3. What is the legal basis for processing this data?
We rely on your prior, explicit consent (GDPR Art. 6.1.a), which you can withdraw at any time without affecting the lawfulness of processing carried out before the withdrawal.
Under Article 21.2 of Ley 34/2002, de servicios de la sociedad de la información y de comercio electrónico, where we already have a contractual relationship with you, your consent is not required to send marketing communications about products or services similar to those you already purchased — although you remain free to object or unsubscribe at any time via dataprotection@ardora35.com.
4. Who has access to this data?
We do not share your personal data with any third party, except where required by law.
We do not carry out any international data transfers.
Your data is shared with the following processor:
Microsoft Office 365: cloud service hosted in Europe.
1.5. Your rights over your data
Under applicable data protection law, you have several rights regarding how we process your personal data. Exercising these rights is free of charge, except where a request is clearly unfounded or excessive — for example, because it is repetitive. We will respond to any request as soon as possible, and in any event within one month.
Your rights are:
Right to information: to be told, clearly and in plain language, how and why your personal data is used.
Right of access: to ask us to confirm whether we are processing your personal data, to access that data and information about how it's processed, and to receive a copy of it. The first copy is free; further copies may carry a reasonable administrative fee. We may ask you to verify your identity or provide further details to process your request.
Right to rectification: to have inaccurate, outdated or incomplete personal data corrected, or completed if it's missing information.
Right to erasure: to have your personal data deleted once it's no longer needed for the purpose it was collected for, among other grounds. This right isn't absolute — we may need to keep the data blocked in certain cases required by law.
Right to restrict processing: to ask us to keep storing your data but stop actively processing it, in cases such as:
you're disputing the accuracy of the data, while we verify it;
the processing is unlawful and you'd rather we restrict its use than delete it;
we no longer need the data, but you need it to bring, exercise or defend a legal claim;
you've objected to the processing, while we assess whether our grounds override yours.
Right to data portability: to receive your data in a structured, commonly used, machine-readable format, and have it transferred to another controller, where the processing is based on consent or a contract and carried out by automated means.
Right to object: to object to the processing of your data, including profiling. We can only continue processing despite your objection if we can demonstrate compelling legitimate grounds, or if we need the data to bring, exercise or defend a legal claim.
Right not to be subject to automated decision-making, including profiling: to not be subject to a decision based solely on automated processing — including profiling — that has legal effects on you or similarly significantly affects you, unless it's necessary for a contract, authorized by law, or based on your consent.
Right to withdraw consent: where we process your data based on consent (for example, to send marketing communications), you can withdraw that consent at any time. We will then stop that specific activity, unless another legal ground justifies continuing — in which case we'll let you know.
Right to lodge a complaint with a supervisory authority: you can file a complaint with the Spanish Data Protection Agency (Agencia Española de Protección de Datos), C/ Jorge Juan, 6, 28001 Madrid, tel. +34 901 100 099 / +34 912 663 517 (www.aepd.es), including via its online portal.
To exercise any of these rights, write to us at the physical or email address above, including proof of your identity and any details we need to process your request.
You can find more information about your rights on the website of the Spanish Data Protection Agency, www.aepd.es.
1.6. Terms of Access and Use of the Website
Accessing this Website is entirely at the user's own risk, and doing so means accepting the legal notices, terms and conditions set out here. You are responsible for ensuring that any data you provide — whether in registration forms or afterward — is accurate and kept up to date, and you are liable for any inaccurate or false information you supply.
When using the content and services we offer through this site (such as chat, forums or newsgroups), you agree not to:
engage in any unlawful activity or anything contrary to good faith or public order;
share content or material that is racist, xenophobic, illegally pornographic, promotes terrorism, or violates human rights;
damage our systems, our suppliers' systems, or those of third parties, or introduce or spread viruses or other harmful code;
attempt to access or use other users' email accounts, or tamper with their messages.
We reserve the right to remove any comment or contribution that disrespects human dignity, is discriminatory, xenophobic, racist or pornographic, that harms minors, threatens public order or safety, or that we otherwise consider unsuitable for publication.
We are not responsible for opinions expressed by users through forums, chats or other participation tools.
1.7. Intellectual Property Rights
Users must respect our intellectual property rights. Using or being granted access to this Website does not grant any rights over the trademarks, trade names or other distinctive signs used on it.
"Website" refers to — without limitation — all data, text, graphics, images, animations, music, videos, sounds, drawings, photographs and other material included on the site, and, more broadly, any creative work in any format, whether or not it qualifies for protection under Spain's Consolidated Intellectual Property Law.
Downloading content from this Website for commercial purposes is prohibited. Users may not exploit, reproduce, distribute, modify, publicly communicate, transfer or otherwise use the site's content for commercial ends.
As set out in our Legal Notice, reproducing all or part of this Website's content without the author's express authorization is prohibited, and accessing the site does not grant any such rights.
1.8. Cookie Policy
You can read our Cookie Policy here: https://sparcfoundry.com/es/politica-de-cookies/
1.9. Disclaimer and Limitation of Liability
We accept no liability for damages of any kind arising from, among other things:
connectivity issues or the inability to connect to this Website, regardless of the type of connection you use;
any interruption, suspension or cancellation of access to the site, or its availability or continuity, whether due to:
scheduled maintenance, or
circumstances beyond our control, whether arising directly or indirectly;
the quality or speed of your connection, or the technical setup needed on your end to access the site and its content.
1.10. Changes to these Terms
These terms — and any specific terms that may apply from time to time — remain in effect indefinitely, for as long as the site is active. We reserve the right to change these terms, and access to them, at any time.
By accessing this website, you agree to the following: you will use the services and information on this site as presented, without modifying them, for your own personal use only, and you will not transfer or disclose them to others. You must use your login credentials (username and password) solely for your own use, and you are solely responsible for keeping them safe, confidential and properly used. We may change these terms at any time without prior notice, so please check them each time you visit the site. We are not liable for any harm caused to you or others as a result of someone else using your password, whether or not you were aware of it. Use of the site's Services and Content is entirely at the user's own risk and responsibility.
Users acknowledge and voluntarily accept that using the Website, its Services and its Content is always at their own sole risk.
In particular, we do not guarantee that the website, its Services or Content will always be available, continuous or fit for any particular purpose, and we accept no liability for any resulting damages.
1.11. Governing Law and Jurisdiction
These Terms of Use are governed by Spanish law.
Both parties, waiving any other jurisdiction they may be entitled to, submit to the Courts of Vigo for resolving any disputes.
1.12. Online Dispute Resolution
In accordance with Article 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides an online dispute resolution platform, available at: http://ec.europa.eu/consumers/odr/
