UPWIND WATERSPORTS, S.L.

It is Upwind’s commitment to respect user privacy and the protection and security of your personal data. Therefore, it is very important for us to inform you about how we collect, process, and protect the personal data you provide to us through our website.

The use of Upwind’s website is not intended for minors, and consequently, they must refrain from providing any personal information. In this regard, Upwind recommends that its website be used by individuals over 18 years of age. For this purpose, Upwind reserves the right to verify the age of its website users at any time.

Therefore, it is important to inform you that Upwind complies with data protection regulations in accordance with the European General Data Protection Regulation. Because of this, there may be specific amendments referred to in this privacy policy that apply only to users in the aforementioned countries, and in some cases, different rules may be established due to applicable local legislation. In case of conflict, the specific amendment will prevail.

  1. Who is the controller for the processing of personal data?
    The data processing is carried out by Upwind Watersports S.L. (hereinafter, “Upwind”), with registered office at Clarinete 9, 15176, A Coruña (Spain), provided with CIF B-75665794.
    If you wish to contact us to resolve any questions related to the processing of your data, please write an email to soporte@upwind.es.We inform you that when you make any comments on social networks through our website, the controller of the data you provide through them will be the corresponding social network and not Upwind; you must contact said social network to exercise, where appropriate, your data protection rights, which you can consult in the section “Know your data protection rights” of this privacy policy.
  2. When and how do we collect your personal data?
    Upwind collects and processes personal data from users who have registered on our website. In this way, Upwind collects the data you provide when you register with Upwind, as well as those you fill in your personal area (section “My information”) subsequently. Upwind also collects data obtained as a result of your navigation, requests, publications, conversations, searches, purchases, ratings of other users, participation in contests, and data derived, where appropriate, from linking your registration on our website.
  3. What type of personal data do we collect?
    The categories of data we collect depend on your activity and interaction with Upwind through our website and social networks. Likewise, Upwind will only collect personal data strictly necessary for the purposes indicated in point four (4) of this privacy policy.So that you have clear and detailed information in this regard, we have grouped the personal data we process into the following categories:

    • Identifying and contact data: name, surnames, identity document (DNI, passport, or NIE), tax identification code (CIF), date of birth, postal and email address, landline or mobile phone, and password.
    • Financial data: bank account details, bank card details, data related to your tax information to comply with the DAC7 Directive on tax data communication.
    • Navigation and online behavior data: according to the cookie choice provided (if applicable), when you use our website solely for informational purposes (e.g., you do not register as a user, do not purchase through it, or otherwise submit your data), your internet browser automatically collects and transfers to us certain basic information related to your use of the website. Such log data may include the type and version of your browser, your operating system and interface, the device used, language preference, the website from which you visit us (referral URL), the page(s) you visit on our website, the date and time of your visit, part of your Internet Protocol (IP) address, your actions performed on the website, and the name of your access provider.
    • Social media data: information collected when you use Upwind’s social media for exclusively informational purposes – Information processed by external social media providers.
    • The mere use of our platform does not usually involve data processing activities (including data transfers) in relation to third-party media platforms and/or social networks such as Facebook and Instagram (hereinafter, “External Platforms”). However, if you accept the targeting cookie provided (when applicable) or if you use the share buttons that allow you to share Upwind content with your friends through these External Platforms, the External Platforms may (subject to their own legal basis) collect and otherwise process personal data about you for the purpose of providing you with personalized advertising. For more information on the scope and purposes of the data processed by the External Platform provider, including your rights and configuration options to protect your privacy, we recommend consulting the privacy policy of the respective External Platform provider.
  4. For what purposes, legal basis, and retention period do we process your personal data?
    If you have registered on our website, the purposes for which we will process your personal data are:

    1. PURPOSE: To manage your registration and be able to provide you with the services of our website based on the information entered within the registered user area (section “My information”).
      • LEGAL BASIS: The legal basis that enables Upwind to process your data for this purpose is your registration request and with it, your consent.
      • RETENTION PERIOD: The data collected to allow your registration and sales activities through our website will be kept as long as you do not cancel your account.
    2. PURPOSE: To ensure the proper use of our services and products, preventing illicit uses or uses contrary to our policy and values, and may even unsubscribe you as a registered user.
      • LEGAL BASIS: The legal basis for said processing is Upwind’s compliance with certain legal obligations, as well as the legitimate interest in protecting our services and products.
      • RETENTION PERIOD: Data collected to manage your user preferences will be kept as long as you do not object to such processing.
    3. PURPOSE: To show you publications adjusted to your consumption and navigation habits obtained from the use of our website.
      • LEGAL BASIS: Legitimate interest to improve publications.
      • RETENTION PERIOD: Data collected and processed to ensure the proper use of our services and products will be kept until the corresponding verification action has been carried out.
    4. PURPOSE: To send you, by any means, including electronic means, communications related to the products and services offered by Upwind, communications that may be directed based on your consumption habits, navigation, or use of our Website.
      • LEGAL BASIS: Express consent by accepting the newsletter subscription. Upwind will carry out said processing based on the relationship maintained with you, taking into account that the aforementioned communications will always concern our products and services.
      • RETENTION PERIOD: Data collected to show you segmented advertising will be used as long as you do not object to said processing.
    5. PURPOSE: To manage your participation in the contests we organize according to our legal bases.
      • LEGAL BASIS: Express consent through participation in the contests we promote.
      • RETENTION PERIOD: Data collected to send you commercial communications about our own services will be kept as long as you do not unsubscribe as a registered user and do not object to said processing.
    6. PURPOSE: To collect and analyze information about your device, networks, and activity on the platform in order to verify that our services are being used lawfully.
      • LEGAL BASIS: Processing that we will carry out under our legitimate interest, to prevent fraud or illicit acts.
      • RETENTION PERIOD: The retention period for this processing is 5 years.
    7. PURPOSE: To track the delivery of products purchased through our website.
      • LEGAL BASIS: Upwind carries out said processing as a consequence of your acceptance of the General Terms & Conditions made at the time of requesting said product delivery or purchase service.
      • RETENTION PERIOD: Data collected to carry out the services will be kept as long as you do not unsubscribe as a registered user and do not object to said processing.
    8. PURPOSE: To manage complaints and inquiries about products and/or services purchased through our website.
      • LEGAL BASIS: The legal basis for this processing is Upwind’s legal obligation in accordance with consumer and user defense regulations.
      • RETENTION PERIOD: Data obtained as a consequence of the complaints or inquiries you may direct to us will be kept until the corresponding complaint or inquiry has been resolved, or for a period of 5 years to ensure its reliability.
    9. PURPOSE: In the event that you reach a certain amount of income or sales, we must collect and report said income and tax data under the DAC7 Directive.
      • LEGAL BASIS: Notification of income and tax data due to legal obligation.
      • RETENTION PERIOD: The data will be kept for a period not exceeding 10 years in accordance with the aforementioned Directive.
  5. How long do we keep your data?
    The data stored by Upwind will be kept in accordance with the purposes and periods indicated in point four (4) above of this Privacy Policy.
    Once the relationship between Upwind and the Users has ended, the data will be blocked in accordance with the provisions of the applicable regulations, which implies the identification and reservation of the data, adopting technical and organizational measures, to prevent its processing, except for the formulation, exercise or defense of claims or for making it available to Judges and Courts, the Public Prosecutor’s Office or competent Public Administrations, for the purpose of addressing or demanding possible responsibilities arising from the processing and only during the legal prescription periods thereof.Once these periods have elapsed, your personal data will be deleted.
  6. With whom do we share your personal data?
    To fulfill the purposes indicated in this privacy policy, it is necessary for us to give access to your personal data to third parties who support us in the services we offer you, among which are: financial entities, tax and fraud prevention entities, official bodies, technology service providers, transport and logistics service providers and collaborators, marketing and advertising companies, and customer service and complaint or claim management services.In this regard, we only select service providers that offer adequate guarantees through internal processes defined by both Upwind’s legal and privacy departments, ensuring at all times the transparency and privacy of your personal data.Additionally, it should be taken into account that personal data will also be shared with our payment service provider, Stripe, Inc. for the purposes of providing payment services and for the fulfillment of its legal obligations. You can obtain more information about the data processing carried out by Stripe, Inc. at https://www.stripe.com.Upwind in no case shares user data with third companies, inside or outside the European Union, for purposes other than providing the service without your explicit consent and without having complied with the duty of information.In addition to the above, you should bear in mind that whether you are a Professional User or a Private User, certain identifying and contact data may be accessible and visible to other Users in specific situations of use of the platform (for example, if you open a chat with a potential seller, they may see your username, or if you close a sale through the platform using Upwind’s shipping service, the seller may access your name and surnames and address to be able to make said shipment).Due to service availability or efficiency, some of our providers may be located in territories outside the European Economic Area that may not provide a level of data protection comparable to that of the European Union, such as the United States. In such cases, we inform you that we transfer your data with adequate guarantees and always ensuring the security of your data:

  7. Know your rights in personal data protection.
    Data protection regulations grant you a series of rights in relation to the processing of your personal data:

    • Right of access. You can know what type of data we are processing and the characteristics of the processing we are carrying out.
    • Right to rectification. You can request the modification of your data when it is inaccurate or incomplete.
    • Right to portability. You can obtain a copy in an interoperable format of the data being processed.
    • Right to restriction of processing. You can request the limitation of the processing of your personal data when any of the conditions set forth in the law are met:
      • When you contest the accuracy of your personal data, during the period in which Upwind verifies its accuracy;
      • When the processing is unlawful, but you oppose the erasure of your data;
      • When Upwind no longer needs to process your data, but you need it for the exercise or defense of claims; and
      • When you have objected to the processing of your data carried out for the fulfillment of a mission in the public interest or for the satisfaction of a legitimate interest while it is verified whether the legitimate grounds for the processing prevail over yours.
    • Right to erasure. You can request the deletion of your data when processing is no longer necessary.
    • Right to object. You can request that we do not process your personal data (e.g., to stop sending commercial communications about the entity’s products) and not be subject to decisions based solely on automated processing. Likewise, you can request the cessation of processing based on Upwind’s legitimate interest, in which case we will stop processing your data, unless we can demonstrate compelling legitimate grounds for the processing that may override your rights, or for the formulation, exercise, or defense of claims.
    • Right to withdraw consent given at any time.
    • Right to lodge a complaint with the supervisory authority (in Spain, the Spanish Data Protection Agency: https://www.aepd.es/reglamento/derechos/index.html).

    To exercise any of these rights, you must contact our Customer Service via email: soporte@upwind.es.

    We will process your request as soon as possible and, in any case, within the legal period of one month from the receipt of your communication. This period may be extended by another two months if necessary, taking into account the complexity and number of requests. In the latter case, you will be informed of the extension within the first month from the receipt of the request, indicating the reasons for the delay.

    If you wish to exercise your data protection rights before Stripe, Inc., our payment service provider, we indicate that you must send an email directly requesting Stripe, Inc. to exercise the data protection right you wish. You can find more information on Stripe, Inc.’s data protection policies at: https://stripe.com/es/privacy.

  8. How to contact Upwind for privacy inquiries?
    For any questions or comments related to this Privacy Policy or how Upwind collects and uses your Data, you can also contact our office, and email: soporte@upwind.es.
  9. Changes to the privacy policy.
    This policy will be reviewed and updated to comply with regulatory changes that occur at any time, or when new processing is carried out by Upwind. In the event that we make a change that is significant regarding your privacy and data processing, we will notify you at your email address. For this reason, it is important that you periodically review its content.