TERMS AND CONDITIONS OF CONTRACT
OWNER OF THE WEBSITE
1.1. The owner of the website www.madeinamarillo.com (hereinafter "WEBSITE") is the company ONLINE BENCHMARKING SLU (hereinafter Made In Amarillo), provided with CIF: ESB01587831 and address at Calle Mendizabala 100, 01007 Vitoria-Gasteiz (Alava).
Made In Amarillo is registered in the Commercial Register of Alava, Volume 1700, Folio 141, Entry 1 with Sheet VI-19926 as of 04/06/2020.
Made In Amarillo will be happy to answer any questions you may have. To give you a better service and agility, we advise you to read in detail our FAQ section, where you will find important information about our services and online sales.
2.2. Contact us by email:
You can send an email directly to email@example.com and we will respond as soon as possible.
2.3. Contact by social networks or WhatsApp:
You can contact us by WhatsApp at +34 644 23 88 05. Our customer service hours are Monday to Friday from 10:00 to 20:00 hours. On holidays the WhatsApp customer service will not be available.
You can also contact us through our main social networks Facebook and Instagram.
3.1. These Terms and Conditions are intended to regulate the use of the Site by Customers, where graphic arts services and products such as canvases, posters or mugs aimed at the general public (hereinafter "CUSTOMER" or "USERS") are marketed remotely.
3.2. Made In Amarillo may, always depending on the development and evolution of its products and services, expand or modify its WEBSITE, including or replacing new products, services, activities or content.
3.3. Made In Amarillo will at all times respect the selective distribution agreements it has agreed as an authorized distributor, reserving the right not to serve orders that presumably are not intended for the final consumer.
CONDITIONS OF USE OF THE WEB SITE
4.1. Acceptance of the conditions of use and contracting.
4.1.2. The USER must read these General Conditions carefully each time he/she accesses the WEBSITE, as these General Conditions may undergo modifications.
THE USER declares:
That he/she has read, understands and comprehends what is set forth herein;
That he/she is a person of legal age and with sufficient capacity to contract;
That he/she assumes all the obligations herein.
4.1.3. The owner of the WEBSITE reserves the right to make, at any time and without prior notice, any modification or update of its contents and services; of these General Conditions and, in general, of any elements that make up the design and configuration of the Website.
4.2. Necessity of registration.
4.2.1. In general, for the consultation of the WEBSITE it will not be necessary for the USER to register. However, the purchase of products may be conditioned to the prior registration of the USER.
4.2.2. The data entered by the USER must be accurate, current and truthful at all times. The registered USER shall be responsible at all times for the custody of his/her password, assuming any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. To these effects, the access to restricted areas and/or the use of the services and contents carried out under the password of a registered USER shall be deemed to have been carried out by said registered USER, who shall be liable in all cases for said access and use.
4.3. Rules of Use.
4.3.1. The User undertakes to use the Website and all its content and services in accordance with the law, morality, public order and these General Terms and Conditions.
4.3.2. Likewise, he/she undertakes to make appropriate use of the services and/or contents of the WEBSITE and not to use them for illicit or criminal activities that infringe the rights of third parties and/or violate the regulations on intellectual and industrial property, or any other applicable legal regulations.
4.3.3. The USER undertakes not to transmit, introduce, disseminate and make available to third parties any type of material and information such as data, content, messages, drawings, sound and image files, photographs or software that are contrary to the law, morality, public order and these General Conditions. By way of example, and in no way limiting or excluding, the User undertakes to:
Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic, apology of terrorism or that violate human rights.
II.- Not to introduce or disseminate on the network data programs (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet network.
III.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognized constitutionally and in international treaties.
IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illicit or unfair advertising.
V.- Not to transmit unsolicited or unauthorized advertising, advertising material, "junk mail", "chain letters", "pyramid schemes", or any other form of unsolicited mailing, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
VI.- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.
VII.- Not to impersonate other Users by using their registration codes to the different services and/or contents of the Website.
VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of intellectual and industrial property rights, patents, trademarks or copyrights that correspond to the owners of the Website or third parties.
IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and data protection legislation.
The User agrees to indemnify Made In Amarillo against any possible claim, fine, penalty or sanction that may be forced to bear as a result of breach by the User of any of the above rules of use, also reserving Made In Amarillo the right to seek compensation for damages that may apply.
4.4. Exclusion of liability.
4.4.1. USER access to the WEBSITE does not imply for Made In Amarillo the obligation to monitor the absence of viruses, worms or any other harmful computer element. It is up to the USER, in any case, the availability of appropriate tools for the detection and disinfection of harmful computer programs.
4.4.2. Made In Amarillo is not responsible for any damage caused to software and computer equipment of USERS or third parties during the use of the services offered on the WEBSITE.
4.4.3. Made In Amarillo is not responsible for damages of any kind caused to the USER resulting from failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the WEBSITE service during the provision of the same or previously.
4.5. Contents and Services linked through the WEBSITE.
4.5.1. The service of access to the WEBSITE includes technical linking devices, directories and even search tools that allow the USER to access other pages and Internet Portals (hereinafter "Linked Sites"). In these cases, Made In Amarillo will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not disabled the link with due diligence. In the event that the USER considers that there is a Linked Site with illegal or inappropriate content, you may notify Made In Amarillo without, in any case, this communication entails the obligation to remove the corresponding link.
4.5.2. In any case the existence of Linked Sites should not presuppose the conclusion of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of Made In Amarillo with the statements, content or services provided.
4.5.3. Made In Amarillo does not know the contents and services of the Linked Sites and, therefore, is not responsible for damages caused by the unlawfulness, quality, outdated, unavailability, error and uselessness of the content and / or services of the Linked Sites, or any other damage that is not directly attributable to Made In Amarillo.
PURCHASE PROCESS AND CONTRACTING CONDITIONS
5.1. Search and select product
Choose the product you want to buy on our website and add it to the shopping cart by clicking the buy button on the product page. If you have any questions, you can send us an email from our contact section and we will help you in everything you need.
5.2. Registration data
5.2.1. To place an order the user will have the option to register.
5.2.2. When you register as a CUSTOMER, you create your own account on the WEBSITE, your data are stored securely and you only have to enter them once. You also have a history of all your orders, you can check the status of the same at any time, repeat an order, etc..
5.3. Shopping cart
5.3.1. With the products that interest you in the shopping cart, you can see the total amount of your order, and once you have decided everything, you only have to click on the checkout button and follow the steps indicated on the screen to process your order. Now, you will enter the purchase process.
5.3.2. Made In Amarillo will confirm to the CUSTOMER, in the email address provided, the order placed at the end of the purchase process.
5.4. Purchase process
5.5.1. The products published on the WEBSITE include prices with taxes where appropriate.
5.5.2. In our online store we do not sell any product at price 0 €, with 100% discount or below cost, however, in case of errors in marking prices, by computer or human error, Made In Amarillo reserves the right to cancel orders that may contain products with erroneous prices, 0 € or 100% discount, or its price was mistakenly below its cost, prior notice to the customer. If you find any error of this type, please let us know from the contact section immediately.
5.6. Payment methods
5.6.1. The available payment methods are as follows:
188.8.131.52. Credit card:
Pay with your card comfortably and securely. We accept credit or debit cards (VISA, MasterCard, Maestro, American Express). This form of payment does not have any surcharge on your purchases, it is fast, comfortable and safe, therefore, we RECOMMEND this form of payment.
Secure payment solution that allows buyers and businesses to send and receive money online. To use this payment method, you need to have a PayPal account. If you do not have a PayPal account, you can create one by accessing www.paypal.com.
184.108.40.206. Accelerated payments:
Expedited or express checkout processes save customers' payment and shipping information so that repeat customers can complete payment for their orders more quickly. When a customer returns to the store, if they choose an expedited payment process, their information is automatically populated at checkout.
We work with accelerated payment providers such as Shop Pay, Apple Pay and Google Pay.
220.127.116.11. Bank transfer or deposit:
If you prefer, you can make a bank transfer for the total amount of the order (shipping costs included if any), to the following bank account:
IBAN: ES88 2100 1014 3602 0017 4414 (LA CAIXA)
Beneficiary: ONLINE BENCHMARKING SLU
**Very important notes for orders by bank transfer**.
- It is very important that in the SENDER or ORDERING PARTY field you indicate the following: Order number + your Name and Surname.
- Orders by bank transfer will not be considered effective until we confirm the corresponding payment. This usually takes from 1 to 3 working days after the transfer is made, and, therefore, the delivery time of the order begins to count from this date.
- Transfer orders for which payment is not received within 5 working days may be cancelled by ONLINE BENCHMARKING SLU. Please note this information and as far as possible, please make the transfers as soon as possible.
5.6.2. Made In Amarillo is not responsible, under any circumstances, for unauthorized use of credit cards or any other payment method accepted through the Website, whether or not they have been reported by the holder thereof, while not aware of the fraudulent nature of these activities.
5.6.3. Made In Amarillo has no access to bank details linked to the means of payment of CUSTOMERS and does not know or record these data during the payment transaction.
5.7. Shipping costs.
5.7.1. The shipping costs of orders of the CUSTOMER shall be borne by the latter, unless otherwise expressly stated.
5.7.2. Made In Amarillo, indicate the price of shipping costs in the purchase process. These costs must be approved by the CUSTOMER prior to acceptance of the order, unless they are included in the price.
5.8. Delivery times.
5.8.1. Made In Amarillo will inform the CUSTOMER of the delivery times of the order in the purchase process.
5.8.2. Delivery times are effective from the time orders are placed.
Digital products are shipped within 3 to 6 business days via email (to the email indicated in the purchase process).
Physical products have a delivery time between 8 and 15 working days. For this, it is necessary to take into account the production time (time of elaboration of graphic arts + production) and delivery time (time needed by the transport agency to deliver the package to the recipient).
Note: If the customer makes a request for modification of the graphic arts, the delivery times will be increased by an estimated time of 1 to 3 working days.
5.8.3. The delivery times for each product are indicated on the product sheet and in the "Delivery Times" section.
* Normally the order will be delivered within the deadlines mentioned above, but at specific times of high demand (eg Black Friday, Christmas), shipments may be delayed by 5 or 6 working days.
5.8.4. Important: Orders received from Monday to Saturday until 14:00 hours will be handled the next day so that the customer has a period of 24 hours for cancellation. Orders received on Sundays and holidays will be processed on the first available working day.
5.8.5. Because our items are customized and custom designed, no refunds can be made for cancellations. Our products are made to unique specifications and cannot be sold to anyone else. In accordance with Spanish law Law 3/2014, of March 27 (article 103), the right of cancellation does not apply to custom-made items.
5.9. International shipments.
If you want a shipment to countries within the European Economic Community, please consult our rates for international shipments.
5.10. Doubts or questions.
If you have questions about any aspect related to shipping costs and / or shipping and delivery times, you can ask us through our WhatsApp or send us an email through our contact page.
5.11. Images, price and description of the products.
In cases where due to computer or human error there is an error in the images shown, descriptions or prices of products, and Made In Amarillo detects such error / s at the time of receipt of the order, during the course of shipping, or upon receipt of the order by the customer, Made In Amarillo reserves the right to total or partial cancellation of the order, and / or to offer the customer a modification of your order correcting and correcting the erroneous data by the correct and updated data.
6.1. Right of withdrawal.
6.1.1. The CLIENT will be able to desist freely of the contract of sale (of the order), within the term of TWENTY FOUR (24) hours following the date of reception of the order. The date of the receipt certifying the purchase of the product will serve for the purpose of starting the computation of the aforementioned period.
6.1.2. To exercise your right of withdrawal, the CUSTOMER must communicate it to the email address firstname.lastname@example.org, indicating for identification and management purposes the email used for the purchase and order number. Made In Amarillo will reply to the CUSTOMER specifying the precise instructions for exercising the right of withdrawal.
6.1.3. Because our items are personalized and custom designed, no refunds can be made for cancellation. Our products are made according to unique specifications and cannot be sold to anyone else. In accordance with Spanish law Law 3/2014, of March 27 (article 103), the right of cancellation does not apply to custom-made items.
6.1.4. Made In Amarillo will refund the amount of the product, including shipping costs if such return is authorized by Made In Amarillo. We make refunds in the following cases:
Irreparable defects: although all physical products are thoroughly checked prior to shipment, unexpected errors may occur. In order to return a defective product, the defect must first be verified by sending photos showing that the item is actually damaged or deteriorated. Please contact us through the contact form or write to email@example.com. The customer must bear the cost of return and send them properly protected for transport. Once received and checked the goods Made In Amarillo will proceed to refund the amount corresponding to the physical product paid by the customer at the time of placing the order. This refund will be made by the same means of payment that were used to place the order.
Service not provided: You can request a cancellation and refund of the order as long as it is within 24 hours of placing the order (before it is sent to production). Made In Amarillo will make such refund by the same means of payment that were used to place the order.
6.1.5. Made In Amarillo will not accept the return of any product that suffers damage attributed to the CUSTOMER.
6.1.6. The return of the product must be in its original packaging, without any use and in perfect condition, ie not damaged, used or soiled by the CUSTOMER, and will be sent to the place indicated by Made In Amarillo in the instructions sent to the CUSTOMER. Also, the packaging must be identified completely and integrally in order to know who is the sender.
6.1.7. In orders where there are additional discount promotions for the fulfillment of certain conditions of purchase, Made In Amarillo will pay the customer the amount corresponding to the returned products, being able to deduct from that amount, the amount of the additional discount applied at the time of purchase.
6.1.8. In orders where there are other promotions (3x2, 50% on the 2nd unit, etc.) Made In Amarillo will pay the customer the amount corresponding to the returned products if they had been paid by the CUSTOMER in the original order, and may deduct from that amount, the unpaid value of the product purchased at no cost. In case of returning products purchased at NO COST in the original order, no refund will be made.
6.1.9. In orders where there are gifts for purchase for the fulfillment of certain conditions, when requesting the return of products that gave access to the promotional gift or as a result of the return of such products, the conditions necessary to obtain the gift is not reached, Made In Amarillo may request the CUSTOMER that along with the returned products also include promotional gifts obtained.
6.2.1. Made In Amarillo represent and warrant that you can sell their products from the website www.madeinamarillo.com.
6.2.2. Made In Amarillo represents and warrants that its Internet platforms are technically prepared for the sale of the products offered. Made In Amarillo makes every effort to ensure that the information on the website is as correct and accurate as possible.
Made In Amarillo guarantees the quality of all its products, in the legally established terms. Therefore, in accordance with current regulations, all products purchased through this website, have a warranty period of two (2) years from the date of delivery of the product material.
6.2.4. Deficiencies caused by negligence, blows, use or improper handling by the acquiring customer are not included in this warranty.
6.2.5. In the event that the product purchased on the web has any damage, tare or deterioration not related to misuse, you as a buyer must notify our customer service, as soon as you become aware of it and always within the legally established period of 2 years from delivery of the product.
6.2.6. To make use of the warranty it is essential to present the purchase invoice of the purchased product.
6.2.7. In the cases in which the use of the warranty is justified, we will proceed to the replacement of the defective product or its return, in the legally established terms. In such an event, all expenses arising as a result of the return of the product / item purchased shall be borne by Made In Amarillo, who will manage the transport with the carrier.
6.2.8. This warranty is independent of the right of withdrawal reflected in point 6.1. above.
6.3. Return due to errors, breakage or defect of the product.
6.3.1 In the event that the customer receives an erroneous shipment must notify Made In Amarillo within 48 hours from the date of delivery of the order, after checking the case, and provided that the product is in good condition, with its original packaging, without any use, after communication with the customer, and after making appropriate checks, a courier will be sent to pick up the wrong goods and replace it with the correct one.
6.3.2. In case of an error of Made In Amarillo in the preparation of the order, the transport costs for the change, shall be borne by Made In Amarillo, in case of customer error at the time of purchase, the customer must pay the cost of transport service for the change.
6.3.3. In the event that the CUSTOMER has received the product in poor condition, with breakage or defects, in such cases, Made In Amarillo will request proof from the buyer to determine the damage / defects and to act accordingly. Photographs of the goods / order may be requested or ask for any evidence that allows us to verify the facts. After the verification process, if applicable, a courier will be sent to pick up the defective goods. As agreed with the CUSTOMER, it may or may not be replaced by other merchandise. Shipping costs for the return of damaged goods will be borne by Made In Amarillo.
6.3.4. In the event that the customer detects the lack of any product or gift item after receiving your order, you must notify Made In Amarillo within a maximum period of 48 hours from receipt thereof. After checking the case and after monitoring the internal processes of preparation, Made In Amarillo will inform you whether or not to proceed to open a claim to the transport agency for the delivery of your order. In the event that the customer detects such a situation and does not communicate within a maximum period of 48 hours from delivery, Made In Amarillo will not be responsible for the management of this incident.
6.3.6. In case of doubts or questions with the return policy, please contact us from the contact section of our website.
DISCLAIMER OF LIABILITY
7.2. You acknowledge and agree that Made In Amarillo is not responsible for damages caused by system interruption, delay, suspension or loss of data due to connection or equipment failure, unauthorized access to data or other damages suffered by you in connection with the use of services provided by Made In Amarillo, notwithstanding this, Made In Amarillo will develop the utmost diligence for the prompt resolution of incidents.
Made In Amarillo does not guarantee the content of e-mails sent from or to the Site, notwithstanding the security and diligence measures implemented and in accordance with industry standards at the time of implementation.
Made In Amarillo shall not be liable for any loss or damage caused by Customer's violation of these Terms and Conditions.
7.5. To use the Site, you will need a computer or compatible device, an Internet connection and one of the payment methods accepted by Made In Amarillo. The price and any other charges and fees associated with the services and devices described in this clause are not covered by Made In Amarillo or the Merchant, unless otherwise specified.
Made In Amarillo may suspend or terminate the provision of its services, in whole or in part, or take the necessary measures without prior notice to the Customer in order to maintain the quality of the service in the following cases:
(I) Performance of routine system maintenance or emergency system maintenance tasks;
(II) In the event of an overload;
(III) When Made In Amarillo detects a possible risk of service interruption;
(IV) To ensure the safety of Customers, or when deemed necessary for the good of the service.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Made In Amarillo is the owner or holder of the rights to the domain name, trademarks and signs, the application, the Site and the contents, including text and images of the WEBSITE or if it has sufficient license or authorization for its exploitation.
8.2. It is not allowed to use, reproduce, copy, transform or transmit the contents that are published on the WEBSITE, without the prior written authorization of its owner. If you have any questions regarding the ownership of any of the content, services and / or benefits offered through the site, please contact us to assist you.
8.3. By accepting these Terms and Conditions, the User hereby assigns to Made In Amarillo, free of charge and exclusively, all rights to exploit the articles, comments and opinions (hereinafter "Content") that the User publishes or whose publication is authorized on the Website. Such assignment shall be understood to be made for the worldwide territorial scope, without limitation, and for the maximum period of duration provided for in the Royal Legislative Decree 1 / 1996 of 12 April, approving the Consolidated Text of the Intellectual Property Law, regularizing, clarifying and harmonizing the existing legal provisions on the subject. Made In Amarillo may exploit the rights of reproduction, processing, distribution and public communication of the Content, in the broadest sense recognized by that law.
8.4. The products we offer for sale in our online store are 100% original and authentic products.
8.5. The images of the products displayed in this online store are totally faithful to the product and represent its original presentation, however, please note the following aspects:
8.5.1. If any product does not have an image, the CUSTOMER can identify it with its name or description. If the CUSTOMER is interested in any product without image and needs to visualize it to buy, please let us know. As far as possible, we will update the image of the product as soon as possible.
8.5.2. If you have doubts about a product because the image does not offer enough information or quality, please let us know and we will give you a clarification as soon as possible.
8.6.4. If you have doubts about whether any image does not correspond to the product, and you think it could be a mistake, in that case please also let us know.
PROTECTION OF PERSONAL DATA
The personal data requested for the provision of our services are included in files subject to the provisions of the Organic Law on Data Protection 15/1999 (LOPD) and Royal Decree 1720/2007 of December 21, approving the regulations implementing the same (RLOPD) and the General Data Protection Regulation of the European Union (EU 2016/679 GDPR).
The collection and processing of such data is carried out by Made In Amarillo, and are intended for the management, provision, expansion and improvement of the services requested at any time by the user, monitoring queries, electronic communications and / or the preparation of statistics.
The services provided by Made In Amarillo are aimed at people over 14 years old. In the exceptional event that a service is developed specifically for children under that age, Made In Amarillo request the consent of parents or guardians for the collection of personal data or, where appropriate, for the processing thereof.
Made In Amarillo is committed to fulfilling its obligation of secrecy with respect to personal data provided and the duty to treat them with confidentiality and reserve, in accordance with current legislation. For this purpose it will take the necessary measures to prevent alteration, loss, or unauthorized access.
RIGHTS OF THE INTERESTED PARTIES
The current data protection legislation protects you in a series of rights in relation to the use we make of your data. Each and every one of your rights are unipersonal and non-transferable, that is to say, they can only be exercised by the owner of the data, after verifying his identity.
The following are the rights you have: Request ACCESS to your personal information.
Request the RECTIFICATION of your data.
To request the DELETION or elimination of your data (right to "forget"). To LIMIT or OPPOSE the use we make of your data.
Right to PORTABILITY of your data for cases of telecommunications or internet services.
Right to WITHDRAW your consent at any time.
Right to file a CLAIM on data protection matters before the Control Authority: Spanish Data Protection Agency.
How can you exercise your rights in relation to your data?
To exercise your rights of access, rectification, deletion, limitation or opposition, portability and withdrawal of your consent, you can do so as follows: Through our website, through any advertising email we send, using the links at the bottom to unsubscribe yourself or by sending an email to firstname.lastname@example.org to request any change in your personal data or preferences as well as unsubscribe from any service ONLINE BENCHMARKING SLU.
In addition to the rights you have, if you believe that your data is not being collected or processed in accordance with current Data Protection regulations, you can make a complaint to the Supervisory Authority, whose contact details we indicate below:
Spanish Data Protection Agency C/ Jorge Juan, 6. 28001, Madrid (Madrid), Spain.
Email: email@example.com - Telephone: 912663517 Web: https://www.agpd.es
APPLICABLE LAW AND JURISDICTION
The applicable law in case of dispute or conflict of interpretation of the terms that make up this Legal Notice, as well as any matter related to the services of this Portal, will be Spanish law. For the resolution of any dispute that may arise on the occasion of the visit to the Web site or the use of the services it may offer, Made In Amarillo and the User agree to submit to the Courts and Tribunals of the User's domicile, provided that it is located in Spanish territory and acts as a consumer. Otherwise, the submission will be to the courts and tribunals of the city of Vitoria-Gasteiz, Spain.
PRIVACY AND COOKIES
Also, this website uses own and third party cookies: COOKIES POLICY
UPDATE OF THESE TERMS AND CONDITIONS
13.1. Made In Amarillo will periodically review these terms and conditions. The modification or addition introduced by Made In Amarillo will be effective immediately after it is published on the Website. Changes to these terms and conditions shall not be retroactive.
13.2. You acknowledge and agree that you will be bound by the terms and conditions applicable to the Site from time to time and agree to execute and comply with them accordingly.
13.3. In the event that Made In Amarillo entrusts a trusted third party with the custody of successive versions of the terms and conditions, both parties acknowledge that the only valid version of these conditions at any given time is the one contained in the database of the trusted third party.
APPLICABLE LAW AND JURISDICTION
These General Conditions shall be governed by and construed in accordance with Spanish law. Made In Amarillo and the user agree to submit any dispute that may arise from the provision of products or services covered by these General Conditions, to the Courts and Tribunals corresponding to the domicile of the User.
15.- EXTRAJUDICIAL RESOLUTION OF CONFLICTS. LINK TO THE ONLINE LITIGATION PLATFORM
In accordance with the provisions of Article 14 of EU Regulation 524/2013 an electronic link is provided to the online dispute platform (ODR platform) for the extrajudicial resolution of conflicts https://ec.europa.eu/consumers/odr/main/index.cfm.
1.- GENERAL INFORMATION
The purpose of this "Privacy and Data Protection Policy" is to make known the conditions governing the collection and processing of your personal data by our entity or corporate group to ensure the fundamental rights, your honor and freedoms, all in compliance with current regulations governing the Protection of Personal Data according to the European Union and the Spanish Member State.
In accordance with these regulations, we need to have your authorization and consent for the collection and processing of your personal data, so that below, we indicate all the details of interest to you regarding how we perform these processes, for what purposes, that other entities may have access to your data and what your rights are.
For all of the above, once you have reviewed and read our Data Protection Policy, it is essential that you accept it as proof of your agreement and consent.
2.- DATA CONTROLLER
Who collects and processes your data?
The Data Controller is that natural or legal person, of a public or private nature, or administrative body, which alone or jointly with others determines the purposes and means of the processing of personal data; in the event that the purposes and means of the processing are determined by the law of the European Union or the Spanish Member State.
In this case, our identification data as Data Controller are the following: ONLINE BENCHMARKING SLU - CIF B01587831
How can you contact us?
Postal address: Calle Mendizabala 100, 01007 Vitoria-Gasteiz (Álava) España
3.- SECURITY MEASURES
What do we do to ensure the privacy of your data?
Our entity or corporate group adopts the necessary organizational and technical measures to guarantee the security and privacy of your data, avoid its alteration, loss, treatment or unauthorized access, depending on the state of technology, the nature of the data stored and the risks to which they are exposed.
Among others, the following measures stand out:
Guarantee the confidentiality, integrity, availability and permanent resilience of processing systems and services.
Restore availability and access to personal data promptly in the event of a physical or technical incident.
Verify, evaluate and assess, on a regular basis, the effectiveness of the technical and organizational measures implemented to ensure the security of the processing.
Pseudonymize and encrypt personal data in case of sensitive data.
4.- PURPOSE OF THE PROCESSING
Why do we want to process your data?
We need your authorization and consent to collect and process your personal data, so we detail below the intended uses and purposes:
Management and contact with users; Management and responses to queries received through the contact form on the website of the organization. The consequences of not providing us with this information will be the impossibility of contacting you and providing you with a response to your request, rendering the service or providing you with the requested product.
How long do we keep your data?
We use your data for the time strictly necessary to fulfill the purposes indicated above. Unless there is a legal obligation or requirement, the expected retention periods are:
For a period of 2 years from the last confirmation of interest. We keep your data for a period of 2 years from the last confirmation of interest, as long as you do not request its deletion or the necessary time if there is any legal obligation or legitimate interest in this regard.
5.- LEGITIMACY OF THE TREATMENT
Why do we process your data?
The collection and processing of your data is always legitimized by one or more legal bases, which are detailed below:
Explicit consent of the data subject; Legitimate interest of the Data Controller or third parties. Organic Law on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD) 3/2018, Regulation (EU) 2016/679 on the protection of personal data.
6.- RECIPIENTS OF YOUR DATA
To whom do we transfer your data within the European Union?
Occasionally, in order to comply with our legal obligations and our contractual commitment to you, we are faced with the obligation and need to transfer some of your data to certain categories of recipients, which we specify below:
We do not transfer your data to anyone, but we may allow processing by third parties solely for technical, legal and/or service provision reasons.
Do we make International Transfers of your data outside the European Union? We do not make international transfers of your data.
7.- ORIGIN AND TYPES OF DATA PROCESSED
Where did we obtain your data from?
WEB USERS: The data subject himself or his legal representative.
What types of data have we collected and processed?
Identifying data (e-mail address; postal address; name and surname; telephone number).
8.- RIGHTS OF THE INTERESTED PARTIES
What are your rights?
The current data protection regulations protect you in a series of rights in relation to the use we make of your data. Each and every one of your rights are unipersonal and non-transferable, that is to say, they can only be exercised by the owner of the data, after verifying his identity.
The following are the rights you have:
Request ACCESS to your personal data
Request the RECTIFICATION of your data
Request the DELETION or elimination of your data (right to be "forgotten") LIMIT or OPPOSE the use we make of your data
Right to PORTABILITY of your data in case of telecommunications or internet services.
Right to WITHDRAW your consent at any time.
The right to file a data protection CLAIM with the Supervisory Authority: Spanish Data Protection Agency.
How can you exercise your rights in relation to your data?
To exercise your rights of access, rectification, deletion, limitation or opposition, portability and withdrawal of your consent, you can do so as follows:
How can you file a complaint?
In addition to the rights you have, if you believe that your data is not being collected or processed in accordance with current Data Protection regulations, you may file a complaint with the Supervisory Authority, whose contact details we indicate below:
Spanish Data Protection Agency C/. Jorge Juan, 6. 28001, Madrid (Madrid), Spain.
Email: firstname.lastname@example.org - Telephone: 912663517 Web: https://www.agpd.es
9.- CONSENT AND ACCEPTANCE
Cookies are very important for the functioning of the Internet, they bring many advantages for the provision of Internet services. This page describes the different types of cookies we use on our website and briefly explains each of them.
These are temporary cookies that remain in the cookie space of your computer until you close the browser, so none is recorded on the user's disk. The information obtained through these cookies is used to make possible the operational management with each of the users who are simultaneously accessing the web.
These are cookies that remain stored in the cookie space of your computer once the browser is closed, and that will return to consult that web page the next time you access it to remember information that facilitates navigation (directly access the service without having to make the login process) or the provision of a commercial service (offer those products or services related to previous visits).
Cookies exchanged when browsing a web page can be:
First-party or own cookies:
These are cookies generated by the web page itself that is being visited.
They are cookies that are received when browsing that website, but have been generated by a third party service that is hosted on it. An example may be the cookie used by an advertisement or advertising banner that is on the web page you are visiting. Another may be the cookie used by a visitor counter hired by the web page we visit.
COMPLEMENTARY GUARANTEES AND COOKIES MANAGEMENT
As a complementary guarantee, the user will be able to configure his browser during installation or at the desired time, to exclude his activity from the registration of cookies. To do this you must use the configuration options and / or privacy of your browser.
Many browsers accept to activate a "private mode" of navigation by means of which, the cookies will always be deleted after your visit. Depending on the browser used, this private mode may be called by different names. Below is a list of the most common browsers and the different names of this "private mode":
Internet Explorer 8 and above; InPrivate Browsing
Safari 2 and above; Private Browsing
FireFox 3.5 and above; Private Browsing
Google Chrome 10 and above; Incognito
Opera 10.5 and above; Private Browsing
Note: We recommend that you carefully read the help section of your browser for more detailed information on how to activate the "private browsing mode". You can still visit our website, even if your browser is in "private mode", however, your navigation may not be optimal and some utilities may not work properly.
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