Privacy Policy
of Spagiria

Privacy Policy

For Spagiria’ Personalised Skincare Treatment AND RECOMMENDATIONS and Spa Treatments.

 

Introduction

Welcome to Elemis’ Privacy Policy.  This Privacy Policy is for customers who have received personalised skin care recommendations, skincare treatments and/or spa treatments from us (collectively the “Treatments” and each a “Treatment”).

Prior to receiving a Treatment you will have been asked to complete a Health Questionnaire (the “Questionnaire”) and our Explicit Consent Form (“the Consent Form”) relating to the processing by us of certain health data which you provided in the Questionnaire.

This Privacy Policy tells you how we will collect and process the personal data that we collect from you in connection with a Treatment including through the Questionnaire and how you can withdraw your consent.  We know that we are collecting some very sensitive and detailed personal data from you in order to provide you with the Treatment and to retain the records that relate to your Treatment and we want you to feel comfortable and to understand how we collect and process that data. Please read this policy carefully. This version was last updated on 04/January/2022.

 

Who We are

Controller

Spagiria is the controller and responsible for your personal data (referred to as “Spagiria ”, “we”, “us” or “our”) in this Privacy Policy.

 

 

Data

Spagiria
Diputación 113-115, Etlo 1, escalera derecha
Barcelona, Spain, 08015

Owner contact email: info@spagiriaworld.com

 

 

The data we collect about you

Personal data means any information about an individual from which that person can be identified or identifiable. Special category data is personal data of a particularly sensitive type, relating to health, race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, sex life or sexual orientation.

The personal data we collect from and about you is obtained from: (i) the Questionnaire we request you to complete before we provide the Treatment, and (ii) information you have otherwise provided us including through our use of the Reveal machine. The Questionnaire may collect data such as your name, occupation, gender, age, nationality, date of birth, address, country of residence, telephone, email, type of service being purchased. The Questionnaire will also collect health related data for example any skin conditions you may have, whether you are pregnant, and information about your health history. Your photo images of your skin may also be taken in the course of the Treatment for the purpose of recommending the most appropriate product or treatment for you. We will request your explicit consent to our collection of your health data in the Consent Form.

 

Our legal basis for processing your personal data

We only use your personal data when permitted by law as follows:

·       Where we need to perform the contract we are about to enter into or have entered into with you in order to provide the treatment or service you have requested.

 

·       We have a legitimate interest in using your personal data to determine which of our treatments or products is best suited to meet your skin wellness needs. We may also use your personal data in our legitimate interest if you have an adverse reaction to a treatment or product we provide to determine whether the treatment or product has caused the reaction and to deal with any claim by you.

 

·       We have a need to comply with a legal obligation.          

 

We have set out below, in a table format, a description of all the ways we plan to use your personal data (excluding special category data which is dealt with separately below), and which the legal bases we rely on to do so.  We have also identified what our legitimate interests are where appropriate.

 

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	(a)Identity (b)Contact	Performance of a contract with you
To process and deliver your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us	(a)Identity (b)Contact (c)Financial (d)Transaction (e)Marketing and Communications	(a) Performance of a contract with you (b)Necessary for our legitimate interests (to recover debts due to us)
To enable you to partake in a prize draw, competition or complete a survey	(a)Identity (b)Contact (c)Profile (d)Usage (e)Marketing and Communications	(a)Performance of a contract with you (b)Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and our reveal skincare analysis technology (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a)Identity (b)Contact (c)Technical	(a)Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b)Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a)Identity (b)Contact (c)Profile (d)Usage (e)Marketing and Communications (f)Technical /td>	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences	(a)Technical (b)Usage	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you	(a)Identity (b)Contact (c)Technical (d)Usage (e)Profile (f)Marketing and Communications	Necessary for our legitimate interests (to develop our products/services and grow our business)

Special Category Data

We will only collect your health data or any other type of special category data if we have obtained your prior explicit consent in accordance with EU and United Kingdom (“UK”) data protection laws. We specifically require your health data in order to provide you the best service we can, to recommend the appropriate products or treatments for you and to tailor the Treatment to your needs. We also need your healthcare data to retain records of your Treatment to ensure that you can access your records at any of our concessions or spas using the Reveal Skincare analysis technology.  However, we recognise that your privacy needs form part of your holistic wellbeing, and to that end and in accordance with the law, you may withdraw your consent at any time by contacting us at compliance@elemis.com.

We do not use any automated decision making, including profiling, when processing your personal data.

 

Disclosures and transfers of your personal data
Your personal data will be shared with and processed by certain service providers as necessary to fulfil the purposes set out in this Privacy Policy, including:

·       Other entities within our corporate group;

·       External third parties such as our insurers, service providers, IT and hosting service providers, the providers of our Reveal technology, legal and risk management advisers; and

·       Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.

 

We require all third parties to respect the security of your personal data and to process it in accordance with the law. We ensure that all third parties we engage with enter into an agreement with us that meets our standards of data security. Our third party service providers are only permitted to process your personal data according to our specified instructions. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.  If your personal data is transferred to countries outside of the UK or the European Economic Area (the “EEA”) that it is done in accordance with applicable data protection laws to ensure your personal data is offered the same level of protection as where we have collected it. If you require further information about these safeguards, please contact our Compliance Team at compliance@elemis.com.

 

Data security
We have put in place security measures to protect the personal data you have trusted us with. The security measures are designed to prevent your personal data from being lost, used or accessed in an unauthorized way, altered or disclosed. We further secure your personal data by limiting its access to only employees, agents, contractors and other third party service providers who require it to fulfill their specified purpose in delivering our services to you. They only process your personal data in the manner prescribed by us and they are all subject to a duty of confidentiality.

 

Data retention
We only retain your personal data for the period it is necessary to fulfill the purposes we collected it for, as well as for the purposes of our legal, accounting or reporting obligations.

We determine the appropriate retention period for your personal data by considering the amount, nature, sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the applicable legal obligations, the purposes for which we process your personal data and whether we can achieve those purposes through other means and the period of time which we consider you should be able to access your records relating to Treatments at any of our concessions or participating spas.

Your personal data, including your health data which we have collected pursuant to providing the Treatment, is retained in accordance with our Data Retention Policy. For further information about how long we retain your personal data, please contact our Compliance Team at compliance@elemis.com.

 

Your rights under the UK and EU GDPR
If you are located in the UK or the EU the GDPR of your respective region applies to the processing of your personal data, and grants you the rights listed below.

If you wish to exercise any of the rights set out below, please contact our Compliance Team at info@spagiriaworld.com

·       Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it free of charge, however we may charge a reasonable fee if we think that your request is excessive.

·       Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

·       Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no appropriate reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable upon your request.

·       Object to processing of your personal data where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

·       Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data (other than storing it) in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where you believe our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate interest grounds to use it.

·       Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine- readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

·       Withdrawal consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may share your request with third parties and may share with them any data related to responding to your request. We may also contact you to ask you for further information in relation to your request to speed up our response.

 

Changes to this Privacy Policy
We may amend this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will update those changes on Privacy Policy Retail so you are always aware of what information we collect, how we use it, and the circumstance under which, if any, we disclose it. If at any point we decide to collect personal data or use any collected information in a manner different from that stated at the time it was collected, we will notify applicable users. We will use personal data only in accordance with this Privacy Policy under which the personal data was collected.

 

Complaints Handling
If you have any complaints concerning our processing of your personal data please contact our Compliance Team at info@spagiriaworld.com

You have the right to submit a complaint with the supervisory authority or regulatory body which is responsible for the protection of personal data in the country where you live or work, or in which you think a breach of data protection laws might have taken place. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority or regulatory body so please contact us in the first instance