Privacy Policy

Last updated: January 2025

Welcome to the privacy policy of Viveros La Brisa. We are committed to protecting your personal data and respecting your privacy in full compliance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Spanish Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD). Please read this document carefully to understand how we collect, use, and protect your personal information.

1. Data Controller Information

The data controller responsible for your personal information is:

• Business Name: Viveros La Brisa
• Website: viveroslabrisa.es
• Email: contact@viveroslabrisa.es
• Address: Elx 30, Spain

For any queries, requests, or concerns relating to the processing of your personal data, you may contact us directly using any of the details listed above.

2. Scope of This Policy

This Privacy Policy applies to all personal data collected through our website at viveroslabrisa.es, through direct communications via email or telephone, and through any other interaction you may have with Viveros La Brisa, including purchases of trees and plants, delivery arrangements, horticultural consultations, subscription to newsletters, and general customer enquiries related to our Mediterranean tree nursery services.

3. Personal Data We Collect

Depending on the nature of your interaction with us, we may collect and process the following categories of personal data:

• Identity data: Your full name, company name (if applicable), and personal identification details where legally required.
• Contact data: Your email address, postal address, telephone number, and any other contact information you provide to us.
• Delivery data: Delivery address details, access instructions, preferred delivery times, and any specific logistical information necessary to complete the delivery of trees, plants, or other nursery products.
• Order and transaction data: Details of the products and services you have purchased from us, including species of trees or plants ordered, quantities, pricing, and payment records.
• Consultation data: Information shared during horticultural or landscaping consultations, including details about your garden, outdoor space, soil conditions, intended use of plants, and any preferences or requirements you communicate to our specialists.
• Technical data: IP address, browser type and version, time zone setting, browser plug-in types, operating system, and other technology identifiers relating to the devices you use to access our website.
• Usage data: Information about how you use our website, including pages visited, links clicked, and time spent on individual pages.
• Marketing and communications data: Your preferences regarding receiving marketing materials from us and your communication preferences.

We do not intentionally collect any special categories of personal data (such as data revealing racial or ethnic origin, political opinions, religious beliefs, health data, or biometric data) through our website or nursery services.

4. How We Collect Your Personal Data

We collect personal data through the following means:

• Direct interactions: When you contact us by email, telephone, or through forms on our website to request a quote, place an order, arrange a delivery, or seek horticultural advice.
• Online transactions: When you purchase trees, plants, seeds, or other nursery products through our website.
• Newsletter subscriptions: When you voluntarily subscribe to receive updates, seasonal offers, or planting guides from Viveros La Brisa.
• Automated technologies: When you browse our website, we automatically collect technical and usage data through cookies and similar tracking technologies. Please refer to our Cookie Policy for more information.
• Third parties: We may occasionally receive data about you from third-party service providers, such as delivery couriers, payment processors, or analytics providers, strictly as necessary to fulfil our services.

5. Legal Basis for Processing Your Personal Data

We process your personal data only where we have a valid legal basis to do so under the GDPR. The legal bases we rely upon are as follows:

• Performance of a contract: Processing is necessary to fulfil a contract with you or to take pre-contractual steps at your request. This applies, for example, when you place an order for trees or plants, arrange a delivery to your property, or request a horticultural consultation.
• Compliance with a legal obligation: Processing is necessary for us to comply with applicable Spanish and European legal requirements, including tax regulations, invoicing obligations, and consumer protection laws.
• Legitimate interests: Processing is necessary for our legitimate business interests, such as improving our website, managing our customer relationships, preventing fraud, and maintaining the security of our operations, provided such interests are not overridden by your rights and freedoms.
• Consent: Where required by law, we will ask for your explicit consent before processing your data for specific purposes such as sending marketing communications or newsletters. You may withdraw your consent at any time without affecting the lawfulness of processing carried out before withdrawal.

6. How We Use Your Personal Data

We use the personal data we collect for the following purposes:

• To process and fulfil your orders for trees, plants, seeds, soil products, or other nursery goods.
• To arrange and manage the delivery of nursery products to your specified address, including coordinating with logistics partners and providing you with delivery notifications.
• To provide professional horticultural consultations, including advice on tree species selection, planting techniques appropriate for the Mediterranean climate, garden design, and plant care guidance.
• To manage your customer account and maintain accurate records of your transactions and preferences.
• To respond to your enquiries, complaints, or requests for information in a timely and professional manner.
• To send you marketing communications, newsletters, seasonal promotions, and informational content about our nursery products and services, where you have provided your consent or where we have a legitimate interest to do so.
• To improve our website, products, and services through analysis of usage patterns and customer feedback.
• To comply with our legal and regulatory obligations, including the issuance of invoices and financial reporting.
• To protect our business and customers against fraudulent activity or security threats.

7. Sharing Your Personal Data

Viveros La Brisa does not sell, rent, or trade your personal data to third parties for their own marketing purposes. We may share your personal data with trusted third parties only in the following circumstances and only to the extent necessary:

• Delivery and logistics providers: We share your name, delivery address, and contact details with courier and transport companies to enable the safe delivery of trees, plants, and other products to your specified location.
• Payment processors: We use secure third-party payment processors to handle financial transactions. These providers process your payment data on our behalf and are bound by strict data security obligations.
• IT and website service providers: We work with hosting providers, website maintenance companies, and software providers who may have limited access to your data in order to provide their technical services.
• Professional advisors: We may share data with lawyers, accountants, or auditors as necessary for the operation of our business.
• Competent authorities: We may disclose your data to public authorities, tax agencies, or law enforcement bodies where we are required to do so by applicable law or a valid legal order.

All third parties with whom we share personal data are required to process it in accordance with applicable data protection law and our instructions. We do not permit them to use your data for their own independent purposes.

8. International Transfers of Personal Data

Viveros La Brisa is based in Spain and primarily processes personal data within the European Economic Area (EEA). In the event that any of our service providers are located outside the EEA, we ensure that appropriate safeguards are in place to protect your personal data, including the use of Standard Contractual Clauses approved by the European Commission or reliance on adequacy decisions issued by the European Commission. You may request further information about international transfer safeguards by contacting us at contact@viveroslabrisa.es.

9. Data Retention

We retain your personal data only for as long as is necessary to fulfil the purposes for which it was collected, including satisfying any legal, accounting, or reporting obligations. The specific retention periods we apply are as follows:

• Order and transaction records: Retained for a minimum of five years from the date of the transaction in accordance with Spanish tax and commercial legislation.
• Delivery information: Retained for the period necessary to complete the delivery and resolve any related disputes or claims, typically up to two years.
• Consultation records: Retained for the duration of our ongoing relationship with you and for a reasonable period thereafter to support any follow-up queries or warranty-related matters.
• Marketing data: Retained until you withdraw your consent or object to processing, after which it will be deleted or anonymised in a timely manner.
• Website technical and usage data: Typically retained for no longer than 24 months.

When your personal data is no longer required, we will securely delete or anonymise it in accordance with our internal data retention procedures.

10. Your Rights Under the GDPR

As a data subject under the GDPR and applicable Spanish data protection law, you have the following rights regarding your personal data:

• Right of access: You have the right to request a copy of the personal data we hold about you and to receive information about how it is processed.
• Right to rectification: You have the right to request that inaccurate or incomplete personal data be corrected without undue delay.
• Right to erasure: You have the right to request the deletion of your personal data where it is no longer necessary for the purposes for which it was collected, where you withdraw consent, or where the processing is otherwise unlawful, subject to applicable legal retention obligations.
• Right to restriction of processing: You have the right to request that we restrict the processing of your personal data in certain circumstances, such as while we verify the accuracy of data you have contested.
• Right to data portability: Where processing is based on your consent or the performance of a contract, and where processing is carried out by automated means, you have the right to receive your personal data in a structured, commonly used, and machine-readable format.
• Right to object: You have the right to object to the processing of your personal data where we rely on legitimate interests as the legal basis, including for direct marketing purposes.
• Right to withdraw consent: Where processing is based on your consent, you may withdraw that consent at any time without affecting the lawfulness of processing carried out prior to withdrawal.
• Right not to be subject to automated decision-making: You have the right not to be subject to decisions based solely on automated processing that produce legal or similarly significant effects on you.

To exercise any of these rights, please contact us at contact@viveroslabrisa.es or write to us at our address: Elx 30, Spain. We will respond to your request within one month of receipt. In complex cases, or where we receive a high volume of requests, we may extend this period by a further two months, in which case we will notify you accordingly.

You also have the right to lodge a complaint with the Spanish supervisory authority, the Agencia Espanola de Proteccion de Datos (AEPD), if you believe that your data has been processed in violation of applicable data protection law. The AEPD can be contacted at www.aepd.es.

11. Cookies and Tracking Technologies

Our website at viveroslabrisa.es uses cookies and similar tracking technologies to enhance your browsing experience, analyse website traffic, and support our marketing activities. Cookies are small text files stored on your device when you visit our website.

We use the following types of cookies:

• Strictly necessary cookies: These are essential for the proper functioning of our website and cannot be disabled.
• Analytical cookies: These allow us to measure and improve the performance of our website by collecting information about how visitors use it.
• Marketing cookies: These are used to deliver relevant content and advertisements based on your interests.

Where required by law, we will request your consent before placing non-essential cookies on your device. You may withdraw or modify your cookie preferences at any time through your browser settings or through the cookie management tool available on our website.

12. Security of Your Personal Data

Viveros La Brisa takes the security of your personal data seriously. We have implemented appropriate technical and organisational measures to protect your data against unauthorised access, accidental loss, destruction, alteration, or disclosure. These measures include the use of secure data storage systems, encrypted data transmissions, access controls, and regular reviews of our data security practices.

While we make every effort to protect your personal data, no method of transmission over the internet or method of electronic storage is completely secure. We encourage you to contact us immediately at contact@viveroslabrisa.es if you have any concerns about the security of your personal data or if you suspect that your data may have been compromised.

13. Children's Privacy

Our website and services are not directed at children under the age of 16 years. We do not knowingly collect personal data from children. If you believe that we have inadvertently collected personal data from a child under the age of 16, please contact us at contact@viveroslabrisa.es so that we may take appropriate action to delete such data.

14. Links to Third-Party Websites

Our website may contain links to third-party websites, social media platforms, or other online services. This Privacy Policy applies only to viveroslabrisa.es and does not cover the practices of any third-party websites. We encourage you to read the privacy policies of any external websites you visit, as we have no control over and accept no responsibility for their content or data practices.

15. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or business operations. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, notify you by email or through a prominent notice on our website. We encourage you to review this policy periodically to stay informed about how we are protecting your personal data.

16. Contact Us

If you have any questions, concerns, or requests relating to this Privacy Policy or the way in which Viveros La Brisa processes your personal data, please do not hesitate to contact us using the following details:

• Business Name: Viveros La Brisa
• Email: contact@viveroslabrisa.es
• Address: Elx 30, Spain
• Website: viveroslabrisa.es

We are committed to resolving any concerns about your privacy in a transparent, fair, and timely manner.