British American Tobacco Iberia - Conditions of use
Introduction
This website is operated by British American Tobacco, S.A., with VAT A-35232669 and based in Edificio Torre Espacio, Paseo de la Castellana, 259-D, Planta 25, Madrid registered in the Mercantile Registry in Madrid, in volume 14357 sheet 29, page M236975. Please read these terms and conditions of use ("conditions of use") carefully. By accessing this website you agree to be bound by them. If you do not agree to be bound by these conditions of use you should not access or view this website.
To make these conditions of use easier to read, we use a few definitions. The terms British American Tobacco, S.A, “we”, “us” and “our” are used to refer to British American Tobacco, S.A.
The terms “British American Tobacco”, “the Group” and “The British American Tobacco Group” are used to refer to British American Tobacco p.l.c. and the group of companies constituting its direct and indirect subsidiaries worldwide, including British American Tobacco, S.A.
These conditions of use contain six sections, including this introduction. The rest of sections below provide our privacy policy, our cookie policy, information about the external links that appear on this website, general provisions and company information. These conditions of use are accessible from every page of this website.
Any enquiries or questions which you have in relation to this website should be made either by using the “ Contact us ” facility or be addressed to the Legal and Corporate Affairs Department of British American Tobacco, S.A., based in Edificio Torre Espacio, Paseo de la Castellana, 259-D, Planta 25, Madrid.The enquiry should indicate “Web enquiry”.
Privacy Notice
At BRITISH AMERICAN TOBACO ESPAÑA, S.A.U. (hereafter, “We” or "BAT"), we are committed to protecting and respecting your privacy. Please read this Notice carefully. This Privacy Notice (together with the terms and conditions, the cookie policy and any other document referred to in this Notice or in the terms and conditions) explains how BAT, a company of Spanish nationality, with registered office in Paseo de la Castellana 259-D, 28046 Madrid, and holder of tax identification code A-35.232.669, can collect, use and share your personal information when you visit http://www.bat.com.es/ (hereafter, the “Website”) or when you agree to receive communications by email from BAT. The legal bases for each type of data processing are established below.
If you wish to obtain detailed information on the types of cookies we use on the Website, the purposes for which we use each cookie, how to deactivate and activate the use of certain cookies and the consequences of doing so, please consult our Cookie Policy available on the following link: cookie policy.
If you have any queries regarding this Privacy Notice, please contact us on info_es@bat.com.
Any change or modification that we may introduce in the future in this Notice will be published on this same page and, if appropriate, will be duly notified to you by email.
What information do we collect?
BAT, in its capacity as Personal Data Processor and always with your consent, collects and processes the following data (hereafter, “your information”):
- Information that you send us via the Website;
- any communication you send us; and
- Details of your visits to the Website and of the resources you access (which may include, among other things, traffic and communication data);
At BAT we are fully aware that your information may be confidential, so we will protect this confidentiality in accordance with BAT's usual procedures and applicable legal requirements. We also inform you that the information we collect may include, for example, your name and surnames, address, date of birth or similar, which will only be processed for the purposes for which they are collected in each case.
In addition to the above, we bring to your knowledge the fact that BAT automatically collects information on how the Website visitors use the Website using cookies and similar technologies. For more information on how we use cookies, please examine our cookie policy.
At all events, we inform you that you do not need to give us any information, but if you do not do so, we may not be able to offer you all our products and services. For example, if you do not give us information so we can check your age, we may be unable to communicate with you or to allow you to access the Website content.
What do we use your information for?
Use of the information
We use your information for the following:
- to ensure that the Website content is as suitable as possible for your interests;
- for internal purposes, such as checking the quality of the service, operation of the Website, administration of systems, and to evaluate the Website, so that BAT can provide you with improved services;
- to notify you of changes in our services;
- to give you the information you request on products or services, or to send you information on other products and services we consider to be in your interest, provided you have given your consent to this;
- to personalise marketing communications which, if you request, we may send you;
- to draw up reports that can improve marketing communications that may be offered on the Website, and also to be able to send you questionnaires, provided you consent to this;
- to allow you to make use of all the characteristics of the Website, if you wish to do so.
You acknowledge and agree that BAT will be able to monitor your navigation via the Website and to record your email and/or IP address, operating system or browser. All this for the administration of the System and to share aggregate and anonymised information with our collaborators. This information will be statistical in nature and will not in any way permit your identification.
We collect statistical and aggregate information (and which under no circumstances will be personal) on visitors to the Website in relation to sales and traffic patterns. To be clear, we inform you that this information does not identify users personally and we do not use it to create individual user profiles: it only contains general information on the Website's users.
We also inform you that we will not keep your personal data for longer than necessary and only for the purposes for which we request them, unless we consider that we have to keep them pursuant to a legal provision (for example following a court or administrative demand).
Consequently, once there is no reason to keep your information, we will delete it from our systems.
Sharing your information
Notwithstanding the above, we inform you that BAT may share your information with third parties in the following cases:
- in the case of transfer by BAT of any business unit or assets (we may share your information with the possible purchaser or vendor), including in the case where an essential part of our assets is purchased by a third party, as in this case your information will be transferred to that third party;
- with any other company of the group to which BAT belongs, in accordance with Article 42 of the Commercial Code;
- with our employees, agencies, suppliers, subcontractors for the performance of any contract that may be in progress; and
- if we have to share your information to comply with legal or statutory requirements, or if we have to do so to ensure compliance with or enforcement of our terms and conditions or any other current agreement with you or to protect our rights, property or customers, etc. This may involve the exchange of information with other companies and organisations for the purpose of protection against fraud and reduction of the risk.
BAT may share with third parties non-personal statistical and aggregate data on the users who access the Website.
We will not supply, and will not compile, any personal information collected during your access to this Website to any social network of any kind or coming from the latter.
Legal justification of the use of your information
There are various reasons which justify the use of your information, including:
- To comply with a current contract – The use of your information may be necessary to comply with the subject of the contract between the parties. For example, we need to use your information to allow you access to particular content on the Website and to inform you of changes in our services.
- Consent – we use your information pursuant to the consent you have given us to (i) use technical information such as cookies, as described in this Privacy Notice and in the cookie policy and (ii) if applicable, to send you marketing communications. You may revoke your consent at any time.
- Automated decision process – We can carry out an automated decision process, based on your consent, to offer you recommendations based on your browsing history or the information you give us.
Where do we store your information?
Security
All your information is stored on our servers. Any action you carry out on the Website will be encrypted. You will be responsible for keeping confidential, and not permitting third parties to use, your username or other connection details which allow you access to the Website. If you suspect that someone has accessed this information, you should contact BAT info_es@bat.com as soon as possible.
As you know, the transmission of information via the internet is not completely secure. Even though BAT uses internal procedures which comply with the currents laws on the protection of your information, we cannot guarantee the security of the information, and therefore you assume the risk of any data you supply to us via this Website. Once we receive your information, we will apply strict security procedures to prevent any unauthorised access.
We also inform you that all your information is protected in our systems and will only be accessed by the BAT employees who strictly need to in order to fulfil the purpose for which it was collected. All the BAT employees are obliged to comply with the security measures laid down by law and must be familiar with BAT’s security policies.
This Website may contain links to other websites. If you access them, you will do so under your own responsibility; BAT declines all responsibility in relation to third party websites. Please take account of the privacy policy applicable to each case before supplying your information to third party websites.
Where do we transfer your information?
Your information may be transferred outside the European Economic Area (EEA) in the cases described in the “Sharing your Information” section.
BAT would like to ensure that your information is stored and transferred in a secure manner. We therefore only transfer outside the EEA in strict compliance with current data protection regulations and taking the security measures that are appropriate for each case, for example:
- By intra-group agreements between entities belonging to the BAT group, which include the contractual clauses established by the European Commission for the transfer of personal data to countries where the security level is not equivalent, or
- By data transfer agreements with third parties which include the contractual clauses established by the European Commission for the transfer of personal data where the security level is not equivalent, or
- In the case of transfer of your information from EEA entities to United States entities belonging to the EU-U.S. Privacy Shield Framework, or any equivalent entity in other jurisdictions, or belonging to jurisdictions with an adequate level of security according to the European Commission
- When necessary to fulfil a contract between BAT and a third party who is of interest to you, or
- When you have given your consent to the transfer of your data, or
- When we transfer your data outside the EEA to a country without the adequate level of protection, BAT will take reasonable measures to ensure that your information is processed in a secure manner in accordance with the terms of this Privacy Notice.
Your Rights
You may access and update your information via your account. We also inform you that you may exercise your rights of access, rectification, cancellation, opposition, non-portability, deletion, limitation of processing and of not being the subject of individualised decisions in relation to your personal data, by means of a written communication to this effect to the address given at the head of this Privacy Notice, stating “Data Protection” as the subject.
Changes to this Privacy Notice
BAT reserves the right to make changes to this Privacy Notice at any time by a publication on this very Web page. Any change will be effective 7 days after its publication.
General provisions
- This website is provided to you free of charge, without any warranties or guarantees unless specifically stated. The information contained in this website is intended for general information purposes only. British American Tobacco España, S.A., has done everything in its power to ensure that the information contained on this website is correct at the time of inclusion.
- Except as expressly provided for on this website, British American Tobacco España, S.A. is not responsible for the content or use of any web pages or any messages sent or received by you.
- All copyright, trademarks, and other intellectual property rights used as part of this website are vested in British American Tobacco España, S.A. and/or its licensors. You acquire no rights in the website other than the limited right to use the website in accordance with these conditions of use. However, you are permitted to print or download information and content from this website for your own personal, non-commercial use only. You may not offer for sale or sell or distribute over any medium, any part of this website or its content. You may not make any part of the website available as part of another website, whether by online integration via hyperlinks or by any other means, unless you have been authorised to do so in writing by British American Tobacco España, S.A.
- You will not use this website for any illegal purposes and, in particular, you agree not to send, use, copy, post or allow any posting which is defamatory or obscene or which is abusive, indecent or which infringes the privacy of any person. You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages which may interfere with the operation of this website or with the enjoyment of this website by other visitors.
- British American Tobacco España, S.A. reserves the right to enhance, modify, alter, suspend or permanently discontinue, at any time and without notice, all or any part of this website and to restrict or prohibit access to it.
- British American Tobacco España, S.A. will not intentionally collect any information about visitors to this website who are under eighteen years of age. Should British American Tobacco España, S.A. become aware that any information has been submitted by a child, this will immediately be deleted from British American Tobacco España, S.A.’s records.
- You hereby agree to indemnify British American Tobacco España, S.A. against any costs, claims, losses and damages (including legal fees) incurred by or awarded against British American Tobacco España, S.A. as a result of your misuse of this website or your breach of these conditions of use.
- If you are in breach of these conditions of use, British American Tobacco España, S.A. may choose to suspend or block your access to this website and refuse to provide you with any further access to it.
- BRITISH AMERICAN TOBACCO ESPAÑA, S.A. PUBLISHES THIS WEBSITE “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OF THE INFORMATION OR THE PRODUCTS OR SERVICES REFERRED TO ON THE WEBSITE (IN SO FAR AS SUCH WARRANTIES MAY BE EXCLUDED UNDER ANY RELEVANT LAW). EXCEPT IN THE CASE OF PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE OR FOR FRAUD, TO THE EXTENT PERMITTED BY LAW, NEITHER BRITISH AMERICAN TOBACCO ESPAÑA, S.A. NOR ANY OTHER COMPANY IN THE BRITISH AMERICAN TOBACCO GROUP SHALL BE LIABLE FOR ANY LOSSES OR DAMAGE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER DIRECT OR INDIRECT (INCLUDING, WITHOUT LIMITATION DIRECT OR INDIRECT LOSS OF PROFITS), CONSEQUENTIAL, INCIDENTAL OR SPECIAL THAT MAY RESULT FROM ACCESS OR USE OF THIS WEBSITE, HOWSOEVER ARISING. YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
- British American Tobacco España, S.A. may change these conditions of use from time to time.
- The conditions of use and the content of this website are governed by British American Tobacco España, S.A. law whose courts shall have exclusive jurisdiction
Company information
British American Tobacco España, S.A.
Edificio Torre Espacio
Pº Castellana 259 - D planta 25
28046 Madrid
España
Please send legal notices or any other correspondence in relation to this website (including any enquiries) to the Legal, Corpororate and Regulatory Affairs Department British American Tobacco España, S.A., Edificio Torre Espacio, Paseo de la Castellana, 259-D, Planta 25, Madrid.
Privacy Notice: owners of points of sale personal data.
Who is responsible for the processing of your personal data?
British American Tobacco España S.A. (hereinafter, «BAT») as Data Controller and according to article 13 of the European Regulation no. 679/2016 (hereinafter «GDPR») informs about the purposes and methods of the processing of personal data collected by its sales force.
Which information is gathered and from what sources come from?
BAT, as Data Controller, processes the following personal data:
- Identifying and contacting data (name, surname and tobacconist single code, phone number and email address).
With respect to the sources processed by BAT: - Data rendered by you during the formalization and perform of the contract; and
- Data rendered by the distributor collaborating with BAT.
What is the purpose and legal basis to process your personal data?
BAT processes personal data rendered by the user of its webpages in accordance with the following legitimate basis, depending on the purpose:
- Based on the development, management and maintenance of the contract:
- To notify changes in our services;
- Provide the information that you requested from us regarding BAT products or services;
- Provide the appropriate assistance to market BAT products;
- If you provide us your telephone number through Customer Service, we will call you back in order to attend your request.
- Provide access to the GLO platform, which allows registering the devices.
- Based on the legitimate interest:
- Send updates (via mail, email, phone call, text messages, WhatsApp or the like instant messaging services) with regard to commercial actions, contests, market researches and other advertising and promoting materials related to BAT products, updates and special offers.
To whom your data is disclosed?
BAT use third parties for certain data processing activities. The third parties that are involved in these activities were carefully chosen, are experienced, capable, reliable and offer enough guaranties with regard to the compliance with the laws and regulations applicable to data processing, even the security profile of such persona data.
BAT has nominated these third parties as data processors or, in any case, has expressly authorized them to process the data described in this notice. BAT will recurrently check that the third parties comply with their corresponding duties and with personal data protecting measures.
Should you request so, we will notify you the updated list of people authorized to process your personal data.
Your personal data may be shared, if applicable, to the tax authorities and any other public authority in the terms stated in the legislation in force, only in the case that sharing that data is needed and/or to comply with the legal duties that are directly required to each party and/or when there is a corresponding legal basis.
In the same way, to manage client services, BAT uses the services of different companies that can process data out of the limits of the European Union. In any case, BAT, assures that the needed measures will be applied to guarantee that the supplier applies an equal level of security than the one required by the European Union data legislation.
For how long do we retain your data?
The personal data will be retained as long as the contract is effective and later, provided that the right of erasure has not been exercised,during the applicable legal period.
What are your rights over your personal data?
You can access, object, erase or rectify your personal data processing, as well as the data portability of your data, at any time by reaching BAT Legal Department by sending an email to iberialegal_security@bat.com.
Additionally, we kindly remind your right to lodge a complaint to the AEPD (Spanish supervisory authority) in the case that you consider that your data has not been processed according to with the legislation in force.