Privacy Policy

Privacy Policy and Legal Notice

This Privacy Policy and Legal Notice is intended to inform you about the processing we do with the personal data of users and customers who visit our website, as well as the conditions of use of this website, in compliance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights ("LOPDGDD"), as well as Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data. ("RGPD").

Who are we?

Ineffable Coffee is responsible for the processing of the personal data you provide to us through this website. To this end, we have adopted a series of technical and security measures to ensure that your information reaches us in encrypted form and cannot be accessed by third parties.

What do we use your data for?

To manage the purchase of the products you want, answer your questions, and maintain an open communication channel where we can send you relevant information if you agree.

Why do we use them?

We are authorized under current legislation to process your personal data for several reasons. The main reason is that we must process it to execute the general terms and conditions you accept with us when registering and making a purchase. We are also authorized if you have given us your express consent to process your data.

Who do we share your data with?

We will share your data with service providers who assist or support us in shipping our products, or with external partners with whom we have entered into an agreement and who comply with current data protection legislation, ensuring that such data is handled securely.

Rights

You have the right to access, rectify, object to, or delete our use of your personal data, whenever possible. You also have the right to restrict how we use your data or, if necessary, request its portability, if this is possible.

Below, we provide you with expanded information on the Website's Privacy Policy and Legal Notice.

Privacy Policy

1. Data controller

Owner: Ineffable Coffee SL

Trade name: INEFFABLE COFFEE

NIF: B42929810

Address: Calle Pintor Amalio García del Moral, 2B, CP 41.702 Dos Hermanas (Seville), Spain.

Web: https://ineffablecoffee.com

Email: hello@ineffablecoffee.com

Telephone: (+34) 691 56 07 22

Official social networks:Facebook | Instagram |YouTube

2. Origin, recipients and exclusion of personal data processing

The origin of the personal data that INEFFABLE COFFEE (hereinafter INEFFABLE) may process for the provision of services is presumed at all times to have been provided by the User and/or Client (hereinafter, the 'User') through the different enabled means, where data such as name, surname, address, contact details, telephone number, etc. may appear. The User is solely responsible for the veracity and updating of their data.

The recipients of the personal data we process are the professionals and staff who maintain an employment relationship with INEFFABLE at our facilities, and those service providers who assist or support us in shipping our products, or external collaborators.

INEFFABLE expressly excludes the processing of personal data of minors, unless expressly authorized by parents or legal guardians. Likewise, we do not sell or rent your personal information to third parties.

3. Purpose of the treatment

In compliance with current legislation and its implementing regulations, we inform you that the personal data and information you provide by completing any electronic form available at www.ineffablecoffee.com (hereinafter "the Portal") will be incorporated into a personal data file owned by INEFFABLE.

The purpose of data processing is to process your request. The questions included in each available contact form are voluntary, except for those indicated as mandatory. If you do not answer mandatory questions, INEFFABLE reserves the right not to process incomplete requests.

Specifically, the purpose of our processing of your data is as follows:

1. Queries, complaints, requests, and the exercise of rights that assist users visiting the Portal.

2. Selling products through the website after registering as a user.

3. Preventing cyberattacks on the website. We monitor and control the use of the Portal to prevent and detect fraudulent use, unauthorized access, alteration, or loss of information that may give rise to civil, criminal, and/or administrative liability.

4. Portal cookie management: the uses, purposes, and management are purely statistical, for the proper functioning and display of the website.

4. Legitimation for data processing

The legitimacy for the treatment comes from:

• The User who has provided his or her personal data to INEFFABLE.

• Due to the contractual relationship between the parties.

• For the legal obligations applicable to INEFFABLE.

5. Data retention period

INEFFABLE will retain your data for as long as necessary to process your request.

However, by legal requirement, if any of the user's personal data is related to any of the following obligations of INEFFABLE, they will be retained for the period provided for in the respective legislation:

• 3 years: Labor violations. (Art. 4.1 RDL 5/2000)

• 4 years: Social Security violations. (Art. 4.2 RDL 5/2000)

• 4 years: Prosecutor. Settle or demand payment of tax debts. (Art. 66 of Law 58/2003)

• 5 years: Occupational Risk Prevention violations. (Art. 4.3 RDL 5/2000)

• 6 years: Accounting and commercial. Art. 30 Commercial Code

• 10 years: Fiscal. Verification of the bases or amounts offset or pending offset, or of deductions applied or pending application. (Art. 66 bis of Law 58/2003)

• 10 years: Crimes against the Public Treasury and Social Security. (131 LO 10/1995)

6. Communications or transfers of data to third parties

They will be used solely for internal administrative purposes and/or for the purposes indicated above.

Those intended for the sending of commercial communications about the products and services offered, provided the User has consented to this.

Public Administrations and competent national and/or European authorities, in the cases provided for by law.

Except as provided above, INEFFABLE will not transfer data to third parties unless specifically requested by public bodies under applicable law.

Any transfer of personal data belonging to users of this Portal to third parties will be duly communicated to the affected parties, specifying the identity of the transferees and the purpose for which the transferred data will be processed.

7. Origin of the data and user consent

User data comes from the forms enabled on the Portal. Once completed and the data processing consent boxes are accepted, they are communicated to INEFFABLE in compliance with encryption and certification security protocols.

8. User rights

Current data protection legislation allows users to exercise their rights to access, rectification, objection, erasure, restriction of processing, portability, and the right not to be subject to individualized decisions before INEFFABLE under the following terms:

• Its exercise is free.

• If requests are manifestly unfounded or excessive (e.g., repetitive in nature) INEFFABLE may:

• Charge a fee proportional to the administrative costs incurred

• Refusing to act

• Applications will be responded to within one month, although, given the complexity and number of applications, the deadline may be extended for another two months.

• INEFFABLE will inform you about the means to exercise these rights. These means are accessible, and this right is not denied, even if exercised through other means.

• If the request is submitted electronically, the information will be provided by these means whenever possible, unless the user requests otherwise.

• If INEFFABLE does not comply with your request, it will inform you within one month of the reasons for its failure to act and the possibility of filing a complaint with a Supervisory Authority.

• The user may exercise his or her rights directly or through his or her legal or voluntary representative.

• Pursuant to contracts or legal acts that bind INEFFABLE and a third party data processor, the latter may be the one to process your request.

9. Exercise of user rights

The User may at any time exercise their rights of access, rectification, opposition, deletion, limitation of processing, portability, by sending a communication by post to INEFFABLE COFFEE, located at Calle Pintor Amalio García del Moral, 2B, CP 41.702 Dos Hermanas (Seville), Spain, or by sending an email to the following address: hola@ineffablecoffee.com , indicating in both cases their name, surname, photocopy of their ID and the right(s) they are exercising.

You can find more information about the rights you can exercise at the following link:

https://www.aepd.es/reglamento/derechos/index.html

If you believe we have breached any of the above provisions or that any of your rights have been violated, you may lodge a complaint with the Spanish Data Protection Agency by writing to the agency at: C/ Jorge Juan, 6, 28001 Madrid. Or via the website: www.agpd.es

Legal Notice

10. Security measures

INEFFABLE has adopted security measures appropriate to the nature of the data being processed at any given time. However, technical security in a medium like the Internet is not impregnable, and malicious acts by third parties may occur, although INEFFABLE uses all available means to prevent such acts.

11. Legal information, conditions of access and use of this website

This section includes information on the conditions of access and use of this website, which users should be aware of.

These provisions regulate the use of the portal service www.ineffablecoffee.com (hereinafter, the 'Portal') that INEFFABLE makes available to Internet users.

Access to the website is free except for the cost of the connection through the telecommunications network provided by the user's service provider. Certain services are exclusive to our users and access is restricted.

Use of the Portal grants you the status of Portal User (hereinafter, the "User") and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time the User is connected to the Portal or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice each time they intend to use the Portal, as the Portal and its conditions of use, as set forth in this Legal Notice, may be subject to change.

Some Portal services accessible to Internet users in general, or exclusively for certain INEFFABLE Users, may be subject to specific conditions, regulations, and instructions that, where applicable, replace, supplement, and/or modify this Legal Notice and which must be accepted by the User before the corresponding service is provided.

12. Intellectual and industrial property

All content on the Portal, including but not limited to text, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as its graphic design and source codes (hereinafter, the "Content"), are the intellectual property of INEFFABLE or third parties, and none of the exploitation rights recognized by current intellectual property regulations may be understood to be transferred to the User, except for those that are strictly necessary for the use of the Portal.

The trademarks, trade names, or distinctive signs are owned by INEFFABLE or third parties, and access to the Portal cannot be construed as granting any rights over the aforementioned trademarks, trade names, and/or distinctive signs.

13. Conditions of use of the portal

13.1 General.

The User undertakes to use the Portal correctly in accordance with the Law and this Legal Notice. The User shall be liable to INEFFABLE or third parties for any damages that may arise as a result of a breach of this obligation.

The use of the Portal for purposes that are harmful to the property or interests of INEFFABLE or third parties, or that in any other way overload, damage, or render useless the networks, servers, and other computer equipment (hardware) or computer products and applications (software) of INEFFABLE or third parties, is expressly prohibited.

13.2 Contents.

The User undertakes to use the Contents in accordance with current legislation and this Legal Notice, as well as with any other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 3. By way of example only, the User, in accordance with current legislation, must refrain from:

a) Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in cases authorized by law or expressly consented to by INEFFABLE or by whoever holds the ownership of the exploitation rights, as the case may be.

b) Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as its public communication or making available to third parties when these acts necessarily imply reproduction by the User or a third party.

c) Extract and/or reuse all or a substantial part of the Contents of the Portal, as well as the databases that INEFFABLE makes available to Users.

13.3 Data collection forms.

Without prejudice to the provisions of this Privacy Policy and Legal Notice, the use of certain services or requests directed to INEFFABLE may be subject to prior completion of the corresponding User registration.

All information provided by the User through the Portal forms for the aforementioned purposes or any other purpose must be truthful. For these purposes, the User guarantees the authenticity of all data provided and will keep the information provided to INEFFABLE fully updated so that it reflects the User's actual situation at all times. In any case, the User shall be solely responsible for any false or inaccurate statements made and for any damages caused to INEFFABLE or third parties by the information provided.

13.4 Use of links to the portal and its pages.

Internet users who wish to link to the Portal or its indexed pages from their own websites or social networks must comply with the conditions detailed below. Disregard for these conditions will not prevent them from being held liable under the law:

a) The link will only link to the main page of the Portal, but may not reproduce it in any way.

b) It is prohibited in all cases, in accordance with the applicable legislation in force at any given time, to establish frames or frames of any kind that surround the Portal or allow the viewing of the Contents through Internet addresses other than those of the Portal and, in any case, when they are viewed together with content outside the Portal in such a way that:

(I) causes, or may cause, error, confusion or deception in users about the true origin of the service or Content; (II) involves an act of unfair comparison or imitation;

(III) serve to take advantage of the reputation of the INEFFABLE brand and prestige; or

(IV) is otherwise prohibited by current legislation.

c) No false, inaccurate or incorrect statements will be made from the page that introduces the link about INEFFABLE, its partners, employees, users or about the quality of the services it provides.

d) Under no circumstances will the page where the link is located state that INEFFABLE has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the sender's services.

e) The use of any word, graphic or mixed trademark or any other distinctive sign of INEFFABLE within the sender's page is prohibited except in cases permitted by law or expressly authorized by INEFFABLE and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.

f) The page that establishes the link must faithfully comply with the law and may not under any circumstances contain or link to its own or third-party content that:

(I) are illegal, harmful or contrary to morality and good customs (pornographic, violent, racist, etc.);

(II) induce or may induce in the User the false conception that INEFFABLE subscribes to, supports, adheres to or in any way supports the ideas, statements or expressions, whether legal or illegal, of the sender;

(III) are inappropriate or not relevant to the activity of INEFFABLE in light of the location, content and theme of the sender's website.

g) Links used in the INEFFABLE Blog section, whether through their own websites, blogs, social networks or similar, may not be accompanied by insulting or discrediting expressions towards the author of the article.

14. Exclusion of liability

14.1 Information.

Only information provided on the website www.ineffablecoffee.com will be considered official.

The information appearing on Social Networks owned by INEFFABLE (such as Facebook, Twitter, Instagram, Google+, Pinterest, Linkedin, YouTube and similar) will be for informational purposes only, non-binding, and any incomplete or different information from that contained on the official website www.ineffablecoffee.com will not prevail over it.

Access to the aforementioned Social Networks does not imply any obligation on the part of INEFFABLE to verify the truthfulness, accuracy, adequacy, suitability, completeness, and timeliness of the information provided through them.

INEFFABLE is not responsible for decisions made based on information provided on its Official Website or Social Networks, nor for any damages incurred by the User or third parties due to actions based solely on information obtained from the Portal.

14.2 On the quality of service.

Access to the Portal does not imply any obligation on the part of INEFFABLE to monitor for the absence of viruses, worms, or any other harmful computer elements. In any case, the User is responsible for ensuring that appropriate tools are available to detect and eliminate harmful computer programs.

INEFFABLE is not responsible for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.

14.3 Regarding the availability of the service.

Access to the Portal requires services and supplies from third parties, including transport over telecommunications networks whose reliability, quality, continuity, and operation are beyond the control of INEFFABLE. Therefore, the services provided through the Portal may be suspended, canceled, or become inaccessible, prior to or simultaneously with the provision of the Portal service.

INEFFABLE is not responsible for any damages or losses of any kind incurred by the User due to failures or disconnections in telecommunications networks that result in the suspension, cancellation, or interruption of the Portal service during or prior to the provision of the service.

14.4 Regarding the content and services linked through the portal.

In the event that the Portal includes technical linking devices, directories, and even search tools that allow the User to access other Internet pages and portals (hereinafter, "Linked Sites"), INEFFABLE shall only be liable for the content and services provided on the Linked Sites to the extent that it has actual knowledge of their illegality and has not deactivated the link with due diligence. If the User considers that a Linked Site contains illegal or inappropriate content, they may notify INEFFABLE through any means described in clause 1 of this Privacy Policy and Legal Notice. This communication shall not, under any circumstances, entail an obligation to remove the corresponding link.

Under no circumstances should the existence of Linked Sites imply the existence of agreements with the responsible parties or owners of these sites, nor the recommendation, promotion, or identification of INEFFABLE with the statements, content, or services provided.

INEFFABLE is not aware of the content and services of the Linked Sites and is therefore not responsible for any damages caused by the illegality, quality, outdatedness, unavailability, error, or uselessness of the content and/or services of the Linked Sites, nor for any other damages not directly attributable to INEFFABLE.

15. Communication of illicit and inappropriate activities

If the User or any other Internet user becomes aware that there are linked sites that refer to INEFFABLE pages whose content or services are illegal, harmful, degrading, violent or contrary to morality, they may contact INEFFABLE indicating the following:

a) Personal data of the communicator: name, address, telephone number and email address;

b) Description of the facts that reveal the illicit or inappropriate nature of the Linked Site;

c) In the event of a violation of rights, such as intellectual and industrial property rights, the personal data of the owner of the infringed right, if this person is not the person reporting the infringement. The owner must also provide proof of the legitimacy of the rights owner and, where applicable, the right of representation to act on behalf of the owner, if this person is not the person reporting the infringement;

d) Express declaration that the information contained in the claim is accurate.

Likewise, you must provide proof of the rights holder's legitimacy and, where applicable, proof of representation to act on behalf of the rights holder when the person is different from the reporting party; an express declaration that the information contained in the claim is accurate.

INEFFABLE's receipt of the communication provided for in this clause will not imply effective knowledge of the activities and/or content indicated by the communicator.

16. Misuse

You must not misuse this website by knowingly introducing viruses, Trojan horses, worms, logic bombs, or any other technologically harmful programs or material. You must not attempt to gain unauthorized access to this website, the server on which it is stored, or any server, computer, or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause may result in violations classified under applicable law. We will report any violation of these regulations to the appropriate authorities and cooperate with them to identify the attacker. Furthermore, in the event of a violation of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any damage or loss resulting from a distributed denial-of-service attack, viruses or any other technologically harmful or damaging programs or material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any content on it, or to any website linked to it.

17. Updating any content on the website

INEFFABLE reserves the right to update this Privacy Policy, Legal Notice, General Terms and Conditions of Online Sales, and/or Cookie Policy at any time, as well as to comply with any legislative changes.

Whenever the policy is significantly modified, INEFFABLE will make every reasonable effort to inform affected users. In any case, where consent is required under current legislation, the corresponding protocols will be in place to collect it.

18. Technological failures and events beyond our control

INEFFABLE has anticipated all eventualities for the continuity of its Site and will make its best efforts to ensure that it does not suffer interruptions, but cannot guarantee the absence of technological failures or the permanent availability of the Site and the services contained therein and, consequently, assumes no liability for any damages that may arise from lack of availability and access failures caused by disconnections, breakdowns, overloads or network outages not attributable to INEFFABLE.

We will not be liable for any failure to perform, or delay in performance of, any of our obligations under this Agreement that results from events outside our reasonable control (“Force Majeure Event”).

Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and, among others, the following:

• Strikes, lockouts or other protest measures.

• Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

• Impossibility of using trains, ships, airplanes, motor vehicles or other means of transport, public or private.

• Inability to use public or private telecommunications systems.

• Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Obligations will be deemed suspended for the duration of the Force Majeure Event, and we will have an extension of the deadline for fulfilling such obligations for a period equal to the duration of the Force Majeure Event. We will use all reasonable efforts to bring the Force Majeure Event to an end or to find a solution that will allow us to fulfill our obligations despite the Force Majeure Event.

19. Applicable legislation and jurisdiction

The applicable law in the event of a dispute or conflict of interpretation of the terms that make up this Privacy Policy and Legal Notice, as well as any matter related to the services of this Site, will be Spanish law.

For the resolution of any conflict that may arise in connection with a visit to the Site or the use of the services offered therein, INEFFABLE and the User agree to submit to the jurisdiction of the Judges and Courts of the City of Seville, without prejudice to the application of a different jurisdiction by law, in which case the content of this jurisdiction shall apply, except with regard to the interpretation of the general contracting conditions, which shall be subject to the provisions of said section.