Privacy Policy

In compliance with Reglamento (UE) 2016/679, General de Protección de Datos [EU General Data Protection Regulation, RGPD/GDPR], Ley Orgánica 3/2018, de Protección de Datos Personales y garantía de los derechos digitales [Spanish Organic Law 3/2018 on the protection of personal data and the safeguarding of digital rights, LOPDGDD], and Ley 34/2002, de servicios de la sociedad de la información y de comercio electrónico [Spanish Law 34/2002 on information society services and electronic commerce, LSSI-CE], LA POÉTICA DEL HORROR, A.I.E. informs the users of this website about the processing of their personal data.

This Privacy Policy governs the processing of personal data that may be collected through browsing the website www.circodeloshorrores.com, the completion of forms, the purchase of tickets, the contracting of services, the subscription to commercial communications, the use of customer service channels and any other interaction held with LA POÉTICA DEL HORROR, A.I.E.

The use of this website, the submission of forms, the contracting of services or the use of the communication channels made available to users implies the processing of personal data under the terms provided for in this Privacy Policy.

1. Data controller

The controller of the processing of personal data is:

LA POÉTICA DEL HORROR, A.I.E.
CIF [Spanish Tax ID No.]: V88154760
Registered office: Paseo de las Doce Estrellas, 4, Planta 4, Módulo A, 28042 Madrid
Telephone: +34 91 629 40 82
Contact email address: info@circodeloshorrores.com
Email address for data protection and the exercise of rights: datosclientes@circodeloshorrores.com

LA POÉTICA DEL HORROR, A.I.E. shall process personal data in accordance with the applicable regulations, adopting the technical and organisational measures necessary to guarantee its security, integrity, confidentiality and availability, as well as to prevent unauthorised access, loss, alteration, destruction or improper use of the data.

2. Personal data processed

LA POÉTICA DEL HORROR, A.I.E. may process the following categories of personal data, depending on the relationship held with the user and the services requested:

Identification data, such as name and surnames.

Contact data, such as email address, telephone number, mobile telephone and, where applicable, identifiers associated with messaging channels such as WhatsApp.

Data relating to the purchase or contracting, such as tickets purchased, show, date, seat, ticket category, experience contracted, amount, payment method, order number, incidents associated with the purchase and data necessary for the management of billing or after-sales service.

Data derived from queries, requests, complaints or claims, including the content of communications held with the user by email, web forms, telephone, WhatsApp or other enabled channels.

Browsing and website usage data, under the terms provided for in the Cookies Policy.

Data necessary for the management of commercial communications, subscriptions, unsubscriptions, contact preferences and objection to the sending of communications.

The user must provide truthful, accurate and up-to-date data, and shall be responsible for any damage or loss that may arise from the disclosure of false, inaccurate or third-party data without sufficient authorisation.

3. Purposes of data processing

LA POÉTICA DEL HORROR, A.I.E. shall process the personal data of users for the following purposes:

3.1. Management of the relationship with users and clients

Personal data may be processed in order to handle requests for information, answer queries, manage forms submitted through the website, maintain contact with the user and process any request related to the shows, services or activities offered by LA POÉTICA DEL HORROR, A.I.E.

3.2. Management of ticket purchases and provision of the contracted service

Personal data shall be processed in order to manage the purchase of tickets, confirm bookings, issue receipts, manage access to the event, provide the contracted services, resolve incidents related to the purchase, attend to modification or query requests and comply with the contractual obligations arising from the relationship with the client.

3.3. Administrative, accounting and tax management

Personal data may be processed in order to issue invoices, manage charges, attend to administrative, accounting, tax and legal obligations, as well as to retain the necessary documentation for the periods legally required.

3.4. Customer service, management of incidents, complaints and claims

LA POÉTICA DEL HORROR, A.I.E. may process the personal data of users in order to attend to queries, incidents, requests, complaints, claims, frequently asked questions, requests for assistance before, during or after the show and any communication linked to the contracted experience.

This service may be provided through the channels enabled at any given time, including email, web forms, telephone, WhatsApp or other means of communication made available to the user.

3.5. Use of WhatsApp as a customer service channel

LA POÉTICA DEL HORROR, A.I.E. may use WhatsApp as an additional customer service channel to answer queries, manage incidents, process complaints or claims, resolve frequently asked questions, provide operational information related to attendance at the event and provide assistance to the user before, during and after the show.

In particular, WhatsApp may be used for pilot programmes of personalised service for certain clients, including buyers of VIP experiences, tickets or services, when necessary or advisable to correctly provide the assistance associated with the contracted event.

The processing of personal data through WhatsApp may include the user's mobile telephone number, identification data, data relating to the purchase or ticket acquired, category or type of service contracted, event attended, date of attendance, content of the conversation, incidents reported and any other data that the user themselves voluntarily provides during the conversation.

The user must not send via WhatsApp specially protected data, complete bank details, complete identity documents, health data or any other information that is not necessary for the management of their query, incident or request.

3.6. Sending of commercial communications

LA POÉTICA DEL HORROR, A.I.E. may process the personal data of users in order to send commercial, informative or promotional communications related to shows, tours, promotions, campaigns, pre-sales, news, experiences, benefits associated with contracted tickets or services and other own products or services similar to those previously contracted or requested by the user.

These communications may be sent by email, SMS, telephone, WhatsApp or other equivalent electronic channels, provided that there is a valid legal basis for it and the rights of the user are respected.

When the sending of commercial communications is based on the user's consent, said consent must have been given by means of an affirmative, free, specific, informed and unambiguous action.

In the case of commercial communications addressed to clients with whom a prior contractual relationship exists, relating to its own products or services similar to those initially contracted, the processing may be carried out in accordance with the provisions of article 21.2 of Ley 34/2002, de servicios de la sociedad de la información y de comercio electrónico [Spanish Law 34/2002 on information society services and electronic commerce, LSSI-CE], provided that the data has been obtained lawfully and the user is offered a simple and free means of objecting to the processing.

3.7. Use of WhatsApp for commercial communications

LA POÉTICA DEL HORROR, A.I.E. may use WhatsApp for sending newsletter-type commercial communications about shows, tours, promotions, news, pre-sales, campaigns and its own services related to the activity of Circo de los Horrores, provided that the user has validly authorised the receipt of said communications through this channel or another applicable legal basis exists in accordance with current regulations.

The use of WhatsApp as a commercial channel may involve the processing of the user's mobile telephone number, identification data, purchase data, commercial preferences, channel registration date, history of communications sent, message delivery status, user responses and unsubscribe requests.

The user may unsubscribe from the commercial communications received via WhatsApp at any time by replying with the word BAJA [UNSUBSCRIBE] to any of the messages received through that channel. The unsubscription shall be processed immediately or within the shortest technically possible period. They may also request to unsubscribe by sending an email to datosclientes@circodeloshorrores.com.

Unsubscribing from commercial communications via WhatsApp shall not affect the communications strictly necessary to manage a purchase, an incident, a claim or the correct provision of the contracted service.

3.8. Management of unsubscriptions, objections and communication preferences

LA POÉTICA DEL HORROR, A.I.E. shall process the personal data necessary to manage the requests for unsubscription, objection, withdrawal of consent and updating of communication preferences made by users.

When the user requests to unsubscribe from commercial communications, their data may be kept in a suppression list for the purpose of preventing new unauthorised commercial mailings.

3.9. Compliance with legal obligations

Personal data may be processed in order to comply with the legal obligations applicable to LA POÉTICA DEL HORROR, A.I.E., attend to requests from administrative, judicial or police authorities, manage claims, retain the required documentation and address possible liabilities arising from the relationship held with the user.

4. Legal basis for the processing

The legal bases that legitimise the processing of personal data are the following:

4.1. Performance of the contractual relationship or application of pre-contractual measures

This legal basis shall apply when the processing is necessary to manage the purchase of tickets, provide the contracted service, attend to requests related to the event, manage incidents, resolve queries linked to the contracting or provide customer service before, during or after the show.

It shall also apply to the use of WhatsApp as a customer service channel when the conversation is intended to manage a query, incident, complaint, claim or assistance related to a purchase, ticket, event or service requested by the user.

4.2. User's consent

Consent shall be the applicable legal basis when the user voluntarily subscribes to commercial communications, authorises the receipt of communications through a specific channel, agrees to receive commercial messages via WhatsApp or provides their data for purposes that require express authorisation.

The user may withdraw their consent at any time, without this affecting the lawfulness of the processing carried out prior to its withdrawal.

4.3. Legal authorisation for commercial communications to previous clients

Where a prior contractual relationship exists with the user, LA POÉTICA DEL HORROR, A.I.E. may send commercial communications about its own products or services similar to those initially contracted, in accordance with the provisions of article 21.2 of Ley 34/2002, provided that the data has been obtained lawfully and the user is offered a simple and free means of objecting to the sending of said communications.

4.4. Compliance with legal obligations

This legal basis shall apply when the processing is necessary to comply with legal obligations in tax, accounting, administrative, consumer, defence-of-claims matters, cooperation with the competent authorities or retention of legally required documentation.

4.5. Legitimate interest

LA POÉTICA DEL HORROR, A.I.E. may process personal data on the basis of its legitimate interest when necessary to prevent abuse or fraud, guarantee the security of the website, manage claims, retain evidence of communications, defend its rights or improve the quality of its services, provided that the rights and interests of users do not prevail.

5. Data retention

Personal data shall be retained for as long as necessary to fulfil the purpose for which it was collected and while the contractual, commercial or service relationship requested by the user is maintained.

Data linked to purchases, billing and legal obligations shall be retained for the periods required by the applicable tax, accounting, commercial, administrative or consumer regulations.

Data processed for commercial communications shall be retained until the user withdraws their consent, requests to unsubscribe or objects to the processing.

The data necessary to prove the unsubscription, objection or withdrawal of consent may be kept blocked or included in suppression lists for the purpose of preventing new unauthorised commercial mailings.

Data processed in WhatsApp conversations or other customer service channels shall be retained for as long as necessary to manage the request, incident, complaint or claim and, subsequently, for the periods necessary to address possible legal liabilities.

Once the purpose of the processing has been fulfilled, the data shall be deleted or blocked, unless it must be retained for an additional period to address administrative, legal, judicial or contractual liabilities.

6. Disclosure of data and recipients

As a general rule, LA POÉTICA DEL HORROR, A.I.E. shall not disclose personal data to third parties, except where there is a legal obligation, it is necessary for the provision of the contracted service, the user has authorised it or it is necessary to rely on suppliers who process data on behalf of the controller.

Providers of technology services, ticket sales platforms, payment gateways, web hosting providers, messaging services, customer service tools, legal, tax or accounting advisers and other providers necessary for the correct provision of the services may have access to personal data.

When said suppliers process personal data on behalf of LA POÉTICA DEL HORROR, A.I.E., they shall act as data processors and must offer sufficient guarantees of compliance with the RGPD [GDPR], formalising the corresponding data processing agreement in accordance with article 28 of the RGPD [GDPR].

Personal data may also be disclosed to administrative authorities, public bodies, the Spanish State Law Enforcement Agencies (Fuerzas y Cuerpos de Seguridad), courts and tribunals when there is a legal obligation or a valid request.

7. Suppliers linked to the WhatsApp channel

For the management of the WhatsApp channel, LA POÉTICA DEL HORROR, A.I.E. may allow access to personal data to technology suppliers involved in the provision of the service.

In particular, SuperX GmbH, based in Berlin, Germany, supplier of the Superchat platform, may be involved, acting as data processor for the centralised management of conversations, contacts, subscriptions, unsubscriptions, replies, automations, customer service and communications carried out through WhatsApp and other enabled channels.

Likewise, the use of WhatsApp requires the involvement of WhatsApp Ireland Limited and/or Meta Platforms Ireland Limited, as the entities providing the WhatsApp Business Platform infrastructure, to the extent necessary to route, deliver and manage the communications carried out through that channel.

WhatsApp Ireland Limited and/or Meta Platforms Ireland Limited may act, depending on the specific processing, the configuration of the service and the applicable contractual conditions, as technology suppliers, processors or sub-processors with respect to certain operations necessary for the provision of the service, and as independent controllers with respect to those processing activities they carry out for the WhatsApp platform's own purposes or those of its services.

The use of WhatsApp as a communication channel implies that the user uses a platform owned by third parties, also subject to their own terms, conditions and privacy policies with respect to those processing activities that said entities carry out as independent controllers.

8. Group companies and other recipients linked to the provision of the service

Personal data may be disclosed to companies linked to LA POÉTICA DEL HORROR, A.I.E. when necessary to manage the purchase of tickets, charges, payment gateways, provision of the contracted service, customer service or compliance with legal obligations.

These entities include:

Productores de Sonrisas, S.L., with CIF B85536308.

Sonrisas y Saltos, S.L., with CIF B13639133.

PDS y Amigos, A.I.E., with CIF V88151949.

Serrín en las Venas, A.I.E., with CIF V16747362.

Haciendo Malabares, A.I.E., with CIF V10643625.

Detrás de Backstage, A.I.E., with CIF V22764708.

Súbete al Alambre, A.I.E., with CIF V10619427.

La Vida es un Circo, S.L., with CIF B87831590.

Navidades y Sonrisas, S.L., with CIF B13639216.

Sonrisas y Adrenalina, S.L., with CIF B56309750.

Rara Suma y Sigue Espectáculos, S.L., with CIF B86384203.

All of them located at Paseo de las Doce Estrellas, 4, Planta 4, Módulo 4, 28042 Madrid, unless another updated address is indicated.

The ticket purchase platform may be managed by Vivaticket Ibérica, S.L., with CIF B84092196, to the extent necessary to process the acquisition of tickets and associated services.

9. International data transfers

As a general rule, LA POÉTICA DEL HORROR, A.I.E. shall endeavour to ensure that personal data is processed within the European Economic Area.

However, certain technology suppliers, platforms or integrated services, including services linked to messaging, electronic communications, analytics, hosting, technical support or technological infrastructure, could involve international data transfers or access to data from countries located outside the European Economic Area.

Where international data transfers occur, LA POÉTICA DEL HORROR, A.I.E. shall adopt the guarantees required by the applicable regulations, including, where applicable, adequacy decisions of the European Commission, standard contractual clauses, binding corporate rules or other legally admitted mechanisms.

10. Rights of users

The user may exercise, under the terms provided for in the applicable regulations, the following rights:

Right of access, to find out whether LA POÉTICA DEL HORROR, A.I.E. processes their personal data and to obtain information about said processing.

Right of rectification, to request the correction of inaccurate or incomplete data.

Right of erasure, to request the deletion of their data where applicable.

Right of objection, to object to the processing of their data in certain cases, including the sending of commercial communications.

Right to restriction of processing, to request that the processing of their data be restricted in the cases provided for by the regulations.

Right to portability, where applicable.

Right to withdraw consent at any time, when the processing is based on consent.

These rights may be exercised by means of a communication addressed to LA POÉTICA DEL HORROR, A.I.E., at the registered office indicated in this Privacy Policy, or by email sent to datosclientes@circodeloshorrores.com.

To ensure that the request is made by the data subject, LA POÉTICA DEL HORROR, A.I.E. may request proof of identity when necessary, endeavouring to avoid unnecessary formalities.

The user may prove their identity, among other means, using the registered email address, digital certificate, electronic DNI, Cl@ve [Spanish electronic identification system] or a copy of the identity document with the unnecessary data concealed, keeping visible only the data strictly necessary to verify their identity.

Once the user's identity has been verified, LA POÉTICA DEL HORROR, A.I.E. shall handle the request in accordance with the deadlines and conditions provided for in the applicable regulations.

11. Unsubscribing from commercial communications

The user may object at any time to receiving commercial communications.

In the case of commercial communications by email, they may request to unsubscribe through the mechanism included in each communication or by email addressed to datosclientes@circodeloshorrores.com.

In the case of commercial communications via WhatsApp, the user may unsubscribe by replying with the word BAJA [UNSUBSCRIBE] to any of the messages received through that channel. They may also request to unsubscribe by email addressed to datosclientes@circodeloshorrores.com.

Unsubscribing shall affect commercial communications, but shall not prevent LA POÉTICA DEL HORROR, A.I.E. from sending communications necessary to manage a purchase, provide a contracted service, handle an incident, respond to a claim or comply with legal obligations.

12. Complaint before the supervisory authority

If the user considers that the processing of their personal data does not comply with the applicable regulations, they may lodge a complaint with the Agencia Española de Protección de Datos [Spanish Data Protection Agency], with address at C/ Jorge Juan, 6, 28001 Madrid, or through its electronic headquarters available at www.aepd.es.

13. Data security

LA POÉTICA DEL HORROR, A.I.E. shall apply the appropriate technical and organisational measures to protect personal data against destruction, loss, alteration, unauthorised access, unlawful disclosure or any other form of unauthorised processing.

These measures shall be applied taking into account the state of the art, the costs of implementation, the nature, scope, context and purposes of the processing, as well as the risks to the rights and freedoms of natural persons.

14. Updating of the Privacy Policy

LA POÉTICA DEL HORROR, A.I.E. may update this Privacy Policy when necessary to adapt it to regulatory, technical, organisational, contractual changes or changes relating to the services provided.

The version published on the website shall be the one applicable at any given time. Users are advised to periodically review this Privacy Policy to find out how their personal data is processed.