Privacy Policy
What is the content of this document? What happens to my personal data when I interact with this Site?
This privacy policy (“Privacy Policy”) applies to any collection and processing of personal data carried out:
- when you interact with the website https://atacamapro.com (the “Site”) operated.
- when you purchase a product or request other services from Atacama or any of its subsidiaries (hereinafter, “we” or “us” or “Atacama”), whether online on our Site or offline in our stores, including when you contact our customer service for post-sale customer services or specific questions or requests.
- when we communicate with you as part of our marketing activities.
By accessing and using this Site or otherwise providing us with your personal data, for example when visiting our stores or when contacting our customer service, you confirm that you have read and that you understand the way we collect, process, use and disclose your personal data as described in this Privacy Policy.
For specific processing activities, we need to obtain your consent to collect and process your personal data. When we need your consent, we will ask you, before you submit personal data or use the relevant sections of the Site, to confirm electronically that you consent to the processing activity at stake, as described in this Privacy Policy, by ticking specific boxes. Your affirmative action in ticking the relevant box and your use of this Site signify that you agree to the processing activity at stake as described in this Privacy Policy. Our records of your acceptance of this Privacy Policy, the date thereof, and of all future amendments to this Privacy Policy, shall be regarded as conclusive and written evidence of your consent.
You will also be informed of this Privacy Policy – and, when a specific processing activity requires your consent, be asked to consent – when contacting our customer service or when providing us with your personal data in our stores.
We collect and process your personal data in accordance with all applicable data protection laws and regulations, including, without limitation, the laws promulgated on the matter by the European Union, such as the Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data and all the laws promulgated in the EU Member States, as well as the orders and guidelines issues by the competent data protection authorities, as applicable, and the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (“GDPR”) and supplementing national provisions applicable as of 25 May 2018 (the “Data Protection Laws”).
Who controls the processing of my personal data? Who is accountable for it?
The controller of the personal data (i) that are collected when you use this Site, you (ii) purchase goods from us and interact with our customer services, and (iii) that are collected for our marketing and profiling activities is Atacama. For further details and how to contact us, please refer to https://atacamapro.com.
Atacama’s Data Protection Officer may be contacted via our Privacy Office at care@atacamapro.com.
What personal data are processed?
- your name, e-mail address, telephone number
- your username and password
- your name, e-mail address, telephone number
- the history of your purchases
- your gender
- your preferences and interests
- your name, e-mail address, telephone number
- the history of products you purchase
- details regarding your transaction
- your name, e-mail address, telephone number
- the history of products you purchase
- information regarding the reasons why you contacted customer service
- content of your communications relating to your interaction with customer service Where you have provided us with personal data about another person, (for example when using the function e-mail to a friend, gift card functionalities or other purposes) to the extent permitted by applicable laws you hereby confirm that you are entitled to communicate such personal data to us and that you have informed said person about – and where necessary, have obtained his/her consent to – the processing of his/her personal data for the purposes set out in this Privacy Policy.
For what purposes are my personal data processed?
We collect and process your Personal Data for the following purposes:
Atacama, as controller, processes your personal data for the following purposes:
- a) to operate and manage the Site, including:
- to provide you with the services or functionalities that you request on the Site.
- to create your account and manage your subscription on the Site.
- to improve your browsing experience and ameliorate the Site.
- b) to conduct marketing activities for Atacama, including:
- for direct marketing purposes, including:
to manage your subscription to our newsletter(s) or mailing list(s) or loyalty program(s); to allow participation to promotions and other initiatives, such as contests and sweepstakes; to send you (subject to your consent, that is optional), also through e-mail or other electronic communications means such as SMS, MMS, fax, etc. promotional information and material on our products and services, on special initiatives on price and promotions and on initiatives such as loyalty programs, events, exhibitions and fairs to which Atacama takes part;
- for survey purposes (subject to your consent, that is optional).
- for profiling purposes (subject to your consent, that is optional).
- to improve our products and services.
- c) for other purposes:
- for fraud prevention purposes; and
- to comply with our obligations under applicable laws, regulations and Community legislation, and to assess and defend a legal right.
Additional information about our customer service
We will process your personal data when you contact our customer support and call center, which may communicate with you through e-mail, chat and telephone. The call center will register your phone number for purpose of call-back and back-office services to provide you with the requested support and information. In some cases, for purposes of internal training, quality control and verification, the call may be recorded and the e-mails may be saved to the extent not prohibited under applicable law. You will always be informed in advance of the recording of the communication, and you will have the opportunity to object to such recording, save when this is necessary for verification purposes in relation to your purchase or other reasons, as allowed under applicable laws.
What are the legal bases for the processing of my personal data as described herein?
We will collect and process your personal data for the purposes described in the Section “For what purposes are my personal data processed?” on one of the following legal bases:
The processing of your personal data is necessary for performance of a contract with you or in order to take steps prior to entering into a contract with you at your request (Article 6, 1., (b) of the GDPR, as of 25 May 2018); The processing is necessary for the purposes of our legitimate interests or our affiliates’ or other third parties’ legitimate interests, and such interests are not overridden by your interests or fundamental rights and freedoms (Article 6, 1., (f) of the GDPR, as of 25 May 2018); The legitimate interests that we pursue notably include our interest to manage and maintain the contractual relationship with you, to answer to your specific requests, to ask your feedback in order to improve our Site and our products, or to pursue other general marketing activities.
Where your specific consent is required to the processing of your personal data as described herein, your personal data will be processed based on such consent (Article 6, 1., (a) of the GDPR, as of 25 May 2018).
How long will my personal data be processed?
Personal data are not kept for longer than the time necessary to achieve the specific data processing purposes described herein, unless shorter or longer retention periods apply under applicable Laws.
Are my personal data safe?
We are committed to protect the security and confidentiality of your personal data. We take – and require that any service provider and/or third-party processor processing personal data on our behalf and on our instructions takes – appropriate technical and organizational measures to prevent loss and destruction, even accidental, of data, unauthorized access to data, unlawful or unfair use of data. Moreover, information systems and software programs are configured so that personal and identification data are used only when necessary to achieve the specific processing purpose from time to time sought.
We deploy a variety of advanced security technologies and procedures to help protecting personal data against the risks outlined above. For example, personal data provided by users are stored on secured servers placed in controlled locations. Moreover, for the transmission of some data through the Internet are deployed encryption techniques such as the Secure Socket Layer (SSL) protocol.
However, please note that no electronic transmission or storage of information is 100% secure. Therefore, despite the security measures that we have put in place to protect your personal data, we cannot guarantee that loss, misuse, or alteration of data will never occur.
Am I obliged to provide my personal data? What are the consequences if I refuse to provide them?
Except in relation to the surfing data (please refer to the above section 3 – “What personal data are processed? ), providing your personal data may be a requirement necessary to enter into or to perform a contract, including for the performance of certain services and functionalities offered by the Site, such as subscription to the Site, subscription to our newsletter(s), the purchase of goods through the, the management of participation to loyalty programs, promotions and other initiatives communicated through the Site, replying to and managing of request of information, questions, communication or feedback. In the above referenced circumstances, refusal to provide your personal data would make it impossible for us to perform the contract or to provide the requested services, products or information as above specified.
Providing your personal data for survey, marketing and other profiling purposes as above specified is optional; refusal to provide your personal data for these purposes will not have any impact on the entering into or performance of the contract. When requested under Data Protection Laws, we will collect your prior consent before proceeding to processing your personal data for these purposes.
Does the site contain elements controlled by third parties? Who is responsible and liable for these elements?
The Site may contain links to other sites, as well as objects or elements controlled by third parties.
An example is plug-ins that may connect our Site to social networks like Facebook or Twitter (“social plug-in”) and that are usually identified by the relevant social network’s logo. If you interact with a social plug-in on our Site, your browser may send such social network certain data relating to you, such as your user ID, information on the Site, date and time, and other browser-related information. Such information will be processed by the social networks, owned and operated by third parties, according to their privacy policies.
We do not have access nor control over elements, objects, plug-ins, cookies, web beacon and other items or tracking technologies owned and operated by third parties, available on our Site or on the relevant third-party websites, which users may access on or from the Site, and over the relevant methods of processing of personal data through such elements or sites. We disclaim any responsibility for such websites. You should check the privacy policy of third-party websites and elements accessed from the Site to learn about the conditions applicable to the processing of personal data since this Privacy Policy applies only to this Site.
Can we make changes to this Privacy Policy?
We reserve the right to update and amend all or parts of this Privacy Policy, at any time, to the fullest extent permitted under applicable law. The version published on the Site is the version actually in force. If we change this Privacy Policy, we will notify you of such changes by posting a link on the home page of the Site to the amended privacy policy that reads “Newly Revised Privacy Policy” and/or notifying you in any other manner (such as by email where appropriate or required by law and to the extent that we have your e-mail address).
Appendix 1 – Data Subject’s Rights
As an individual whose personal data is processed as described in this Privacy Policy, you have a few rights which are summarized below. Please note that exercising these rights is subject to certain requirements and conditions as set forth in applicable law.
Right of access
Subject to applicable law, you have the right to obtain confirmation from us as to whether or not personal data that concerns you is processed, and, if so, to request access to such personal data including, without limitation, the categories of personal data concerned, the purposes of the processing and the recipients or categories of recipients. However, we do have to consider the rights and freedoms of others, so this is not an absolute right. If you request more than one copy of the personal data undergoing processing, we may charge a reasonable fee based on administrative costs.
Right to rectification
You have the right to request from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you also have the right to request that incomplete personal data be completed, including by means of providing a supplementary statement.
Right to erasure (‘right to be forgotten’)
You have the right to request from us the erasure of personal data concerning you in certain circumstances as defined under applicable law. When your request falls within one of those circumstances, we will erase your personal data without undue delay. If, for technical and organisational reasons, we were not able to erase your personal data, we will ensure that it is fully and irreversibly anonymized so that we will no longer be holding such personal data about you.
Right to restriction of processing
In certain circumstances as defined under applicable law, you have the right to request the restriction of processing of your personal data. In such case, your personal data shall, except for storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.
Right to data portability
In certain circumstances as defined under applicable law, you have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit that data to another controller or to have such personal data transmitted directly from us to another controller, where technically feasible.
Right to object
In certain circumstances as defined under applicable law, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. This notably applies in case of processing of your personal data based on our legitimate interests or for statistical purposes.
Right to object to direct marketing
Where your personal data are processed for direct marketing purposes, you have the right to object at any time to processing for such direct marketing (including profiling related to such direct marketing).
Right not to be subject to a decision based solely on automated processing,
Subject to certain restrictions, you have the right not to be subject to a decision based solely on automated processed, including profiling, which produces legal effects on you similarly significantly affects you.
Right to withdraw consent
If you have declared your consent for any personal data processing activities as described in this Privacy Policy, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to withdrawal of the consent.
If you wish to access such personal data or exercise any of the rights listed above, you should apply in writing, providing evidence of your identity to our Privacy Office at privacy_europe@vfc.com.
Any communication from us in relation to your rights as detailed above will be provided free of charge. However, in case of requests that are manifestly unfounded or excessive, in particular because of their repetitive character, we may charge a reasonable fee considering the administrative costs of providing the information or communication or taking the action requested; or refuse to act on the request.
In case you have a complaint about the processing of your personal data, you have the right to lodge a complaint with a competent supervisory authority.
Effective date: This Privacy Policy was updated on May 25th, 2018 and is effective as of that date.
Atacama is committed:
- To comply with its legal obligations under the current Health, Safety and Welfare Act, Environmental Protection Act and other European Acts, regulations, policies and laws.
- To promote health, safety and environmental awareness throughout the organisation.
- To maintain a safe and healthy working environment for its employees, with adequate facilities appropriate to the nature of the business activities.
- To ensure all suppliers fully comply with the principles outlined in our Ethical Trading Code of Conduct.
To minimise the social impact of the company activities and avoid damage to the environment through regular reviews of the business from environmental and management systems audits.