Privacy Policy

Last updated: January 2025

This Privacy Policy explains how Viveros La Jara ("we", "us", or "our") collects, uses, stores, and protects your personal data when you visit our website at viveroslajara.es or interact with us in connection with the purchase of trees, plants, and related horticultural products and services. We are committed to protecting your privacy and ensuring full compliance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Spanish Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights (LOPDGDD).

By using our website or providing us with your personal data, you acknowledge that you have read and understood this Privacy Policy.

1. Data Controller Information

The data controller responsible for your personal data is:

• Business Name: Viveros La Jara
• Address: Elx 20, Spain
• Website: viveroslajara.es
• Contact Email: contact@viveroslajara.es

If you have any questions or concerns regarding how we handle your personal data, or if you wish to exercise any of your rights under the GDPR, you may contact us at any time using the details above.

2. What Personal Data We Collect

Depending on how you interact with us, we may collect and process the following categories of personal data:

• Identity data: Your full name, company name (if applicable), and national identification number when required for invoicing purposes under Spanish tax regulations.
• Contact data: Email address, telephone number, and postal address.
• Delivery data: Shipping address, delivery instructions, and preferred delivery dates for orders of trees, shrubs, Mediterranean plants, and other nursery stock.
• Order and transaction data: Details of the products and services you have purchased, order history, invoices, and payment records.
• Consultation and advisory data: Information you share with us when requesting horticultural consultations, planting advice, landscape design guidance, or species recommendations suited to your climate or terrain.
• Communication data: Any messages, enquiries, or correspondence you send us through our contact form, by email, or by telephone.
• Technical data: IP address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and other technology identifiers on the devices you use to access our website.
• Usage data: Information about how you navigate and use our website, including pages visited, links clicked, and search terms entered.
• Marketing preferences: Your preferences regarding receiving marketing communications and promotional information about our seasonal collections, new Mediterranean species, and nursery events.

We do not intentionally collect any special categories of personal data (such as data revealing racial or ethnic origin, political opinions, religious beliefs, or health data), and we ask that you refrain from providing such information when contacting us.

3. How We Collect Your Personal Data

We collect personal data through the following means:

• Direct interactions: When you place an order for trees or plants, complete our contact or consultation request form, subscribe to our newsletter, communicate with us by email or telephone, or visit our nursery premises in Elx.
• Automated technologies: As you browse our website, we automatically collect technical and usage data through cookies, server logs, and similar tracking technologies. Please refer to our Cookie Policy section below for further details.
• Third parties: We may receive personal data from courier and logistics companies involved in delivering your orders, payment processors, or publicly available sources, where relevant to our relationship with you.

4. Legal Basis for Processing

Under the GDPR, we must have a valid legal basis for processing your personal data. The legal bases we rely upon are as follows:

• Performance of a contract (Article 6(1)(b) GDPR): We process your identity, contact, delivery, and order data to fulfill orders you place with us, arrange the delivery of trees and other nursery products to your specified address, and provide the horticultural services you have requested.
• Legal obligation (Article 6(1)(c) GDPR): We process certain data, such as invoicing and tax-related records, to comply with applicable Spanish tax and accounting obligations.
• Legitimate interests (Article 6(1)(f) GDPR): We process technical and usage data to maintain the security and functionality of our website, prevent fraud, and improve our online services. We also process communication data to respond to your enquiries and manage our customer relationships. We ensure that our legitimate interests are not overridden by your rights and freedoms.
• Consent (Article 6(1)(a) GDPR): Where we send you marketing communications or newsletters about our Mediterranean tree collections, seasonal promotions, nursery events, or new stock arrivals, we do so only on the basis of your prior consent. You may withdraw your consent at any time by contacting us at contact@viveroslajara.es or by clicking the unsubscribe link included in every marketing email.

5. How We Use Your Personal Data

We use your personal data for the following purposes:

• Processing and fulfilling your orders for trees, shrubs, Mediterranean plants, and other nursery products, including arranging delivery to your home, garden, or commercial premises.
• Coordinating with logistics and courier partners to ensure timely and accurate delivery of fragile or large tree specimens that require special handling.
• Providing horticultural consultations and expert advice on species selection, planting conditions, soil requirements, and care instructions appropriate to the Mediterranean climate of southeastern Spain and surrounding regions.
• Issuing invoices and maintaining accurate financial records as required by Spanish tax law.
• Responding to your enquiries, requests, and complaints in a timely and professional manner.
• Sending you transactional communications related to your order, such as order confirmations, dispatch notifications, and delivery updates.
• Sending you marketing communications, where you have given your consent, about new arrivals of Mediterranean species, seasonal offers, nursery open days, and horticultural tips.
• Improving our website, product range, and customer service based on usage patterns and feedback.
• Detecting and preventing fraudulent transactions, website abuse, or other unlawful activities.
• Complying with our legal and regulatory obligations.

6. Sharing Your Personal Data

We respect the confidentiality of your personal data and do not sell, rent, or trade it to third parties for their own marketing purposes. However, we may share your data with the following categories of recipients where necessary:

• Delivery and logistics providers: We share your name, delivery address, contact telephone number, and order details with courier companies and transport partners responsible for delivering your tree and plant orders. These providers act as data processors under written contracts that require them to protect your data in accordance with the GDPR.
• Payment processors: We use secure, GDPR-compliant third-party payment service providers to process card and online transactions. We do not store your full payment card details on our systems.
• IT and website service providers: We work with providers who host our website, manage our email systems, and provide customer relationship management tools. These providers act strictly on our instructions as data processors.
• Professional advisors: We may share data with our legal advisors, accountants, or auditors where necessary for the performance of their professional services.
• Public authorities: We may disclose personal data to the Spanish Tax Agency (Agencia Tributaria), law enforcement agencies, or other competent authorities where we are required to do so by law, or where such disclosure is necessary to protect our legal rights.

All third parties who process personal data on our behalf are required to implement appropriate technical and organisational security measures and to process data only in accordance with our instructions and applicable law.

7. International Data Transfers

Viveros La Jara is based in Spain and primarily processes your personal data within the European Economic Area (EEA). In the event that any of our service providers are located outside the EEA, we will ensure that any transfer of personal data is subject to appropriate safeguards as required by the GDPR, such as the use of Standard Contractual Clauses approved by the European Commission or an adequacy decision confirming the destination country provides an equivalent level of protection.

8. Data Retention

We retain your personal data only for as long as is necessary to fulfil the purposes for which it was collected, or as required by applicable law. Specifically:

• Order, delivery, and invoicing data is retained for a minimum of five years following the date of the relevant transaction, in accordance with Spanish commercial and tax law.
• Customer consultation records and correspondence are retained for three years after our last interaction with you, unless you request earlier deletion and no legal obligation requires us to retain them.
• Marketing preference records are retained until you withdraw your consent or request erasure.
• Technical and usage data collected via cookies and server logs is typically retained for a period not exceeding twelve months.

When your personal data is no longer required, we will delete or anonymise it in a secure manner.

9. Cookies and Tracking Technologies

Our website uses cookies and similar technologies to improve your browsing experience, analyse site traffic, and support our marketing activities. Cookies are small text files stored on your device when you visit a website.

We use the following types of cookies:

• Strictly necessary cookies: These are essential for the website to function properly and cannot be disabled. They enable core features such as shopping cart functionality and secure login.
• Analytical cookies: These help us understand how visitors interact with our website, which pages are most visited, and how users navigate our catalogue of Mediterranean tree and plant species. We use this information to improve our website and user experience.
• Marketing cookies: These are used to deliver relevant advertisements and promotional content about our nursery products to you on third-party platforms, and to measure the effectiveness of our marketing campaigns.

When you first visit our website, you will be asked to provide your consent to the use of non-essential cookies through our cookie consent banner. You may also manage or withdraw your cookie preferences at any time through your browser settings. Please note that disabling certain cookies may affect the functionality of our website.

10. Your Rights Under the GDPR

As a data subject under the GDPR, you have the following rights with respect to 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 we process it.
• Right to rectification: You have the right to request that we correct any inaccurate or incomplete personal data we hold about you.
• Right to erasure: You have the right to request that we delete your personal data where it is no longer necessary for the purposes for which it was collected, where you have withdrawn your consent, or where we have no other lawful basis for continuing to process it.
• Right to restriction of processing: You have the right to request that we restrict the processing of your personal data in certain circumstances, for example while we verify the accuracy of data you have challenged.
• Right to data portability: Where we process your personal data on the basis of your consent or for the performance of a contract, and the processing is carried out by automated means, you have the right to receive your data in a structured, commonly used, and machine-readable format and to transmit it to another controller.
• Right to object: You have the right to object to the processing of your personal data where we rely on our legitimate interests as the legal basis, and you believe your rights and freedoms override those interests. You also have an absolute right to object to your personal data being used for direct marketing purposes.
• Rights related to automated decision-making and profiling: You have the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal or similarly significant effects concerning you.
• Right to withdraw consent: Where we process your personal data on the basis of your consent, you have the right to withdraw that consent at any time without affecting the lawfulness of processing carried out prior to the withdrawal.

To exercise any of these rights, please contact us in writing at contact@viveroslajara.es or by post to our address at Elx 20, Spain. We will respond to your request within one calendar month. In some cases, we may need to verify your identity before we can process your request.

If you are not satisfied with how we handle your personal data or your rights request, you have the right to lodge a complaint with the Spanish Data Protection Authority, the Agencia Espanola de Proteccion de Datos (AEPD), at www.aepd.es.

11. Data Security

We take the security of your personal data seriously and have implemented appropriate technical and organisational measures to protect it against unauthorised access, accidental loss, disclosure, alteration, or destruction. These measures include:

• Secure Sockets Layer (SSL) encryption for data transmitted via our website.
• Access controls restricting access to personal data to authorised staff members who need it to perform their duties.
• Regular review and updating of our security practices and procedures.
• Use of GDPR-compliant, reputable third-party service providers for payment processing and data hosting.

While we take all reasonable steps to protect your personal data, no method of transmission over the internet or electronic storage is completely secure. We cannot therefore guarantee the absolute security of data transmitted to our website, and any such transmission is at your own risk. Once we receive your data, we apply strict procedures and security measures to prevent unauthorised access.

In the event of a personal data breach that is likely to result in a risk to your rights and freedoms, we will notify the relevant supervisory authority within 72 hours of becoming aware of the breach, in accordance with Article 33 of the GDPR. Where the breach is likely to result in a high risk to your rights and freedoms, we will also notify you directly without undue delay.

12. Children's Privacy

Our website and services are not directed at children under the age of 14. We do not knowingly collect personal data from children. If you are a parent or guardian and believe your child has provided us with personal data without your consent, please contact us at contact@viveroslajara.es and we will take appropriate steps to delete such data promptly.

13. Links to Third-Party Websites

Our website may contain links to third-party websites, including the websites of horticultural associations, plant identification resources, or logistics providers. This Privacy Policy applies only to our website and services. We have no control over and accept no responsibility for the privacy practices of third-party websites. We encourage you to read the privacy policies of any third-party site you visit.

14. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. When we make significant 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 Privacy Policy periodically to stay informed about how we protect your personal data.

Your continued use of our website or services following the publication of any changes constitutes your acknowledgement of the updated Privacy Policy.

15. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our data protection practices, please contact us using the following details:

• Business Name: Viveros La Jara
• Address: Elx 20, Spain
• Email: contact@viveroslajara.es
• Website: viveroslajara.es

We are committed to addressing your concerns promptly and transparently, and to maintaining the highest standards of personal data protection in all our activities as a Mediterranean tree and plant nursery.