1.- INFORMATION PRIOR TO HIRING, AVAILABILITY OF HIRING CONDITIONS, CONTRACTOR ACCEPTANCE, DOCUMENTATION, AND INFORMATION SUBSEQUENT TO HIRING:
Additionally, these General Terms are repeated every time a USER registers on the website through the form provided to this end, so that the CONTRACT must expressly agree to them, by clicking on “I Have Read and Agree to the Terms.”
It is not technically possible for the USER to complete registration as a user of WWW.CERAMICDELUXE.COM without agreeing to these General Terms. When registering as a USER, the PROVIDER sends a user key and password to enter the exclusive private and secure USER area, from whence the USER can make specific requests for the services they wish to hire, and which, in turn, are governed by their own specific General Terms for Hiring.
The USER states that they are of legal age and hold sufficient capacity to enter into, and have read, understood, and agreed to these Terms.
Regarding the services that the USER may hire, when the hiring occurs and within a deadline no greater than twenty-four hours, THE PROVIDER sends a delivery note or invoice to the email address that the CONTRACTOR specified in the user registration form as the main contact method, with a description of the service hired, cost (with tax breakdown, if applicable), and the period for which the service is hired, to thereby confirm the service request. Additionally, the CONTRACTOR shall always have these General Terms in their private area, as well as all General Hiring Terms for the different services and details on specific services they have hired and their validity period, along with invoices proving payment. Any later modification to these General Terms of the General Service Hiring Terms shall be notified to the CONTRACTOR fifteen days beforehand, clearly displaying them in an easy-to-access location on the website WWW.CERAMICDELUXE.COM. All the aforementioned documentation may be printed and filed by the CONTRACTOR, who may request it at any point by email at INFO@PISCINESMONDEPRA.COM or by telephone at +34 972 477 720.
2.- PURPOSE OF THE WEBSITE WWW.CERAMICDELUXE.COM:
he PROVIDER’S website was made to provide processional internet services and thereby provide access to USERS on all information regarding these services’ features, on THE PROVIDER’S entity, and other complementary information that THE PROVIDER directly includes or through applicable links. Users may hire and manage services offered on THE PROVIDER’S website.
-actions that may cause, on the website or through it by any means, all harm to THE PROVIDER’S systems or third parties;
– without due authorisation, any kind of direct or disguised advertising or commercial information, spamming, or mail bombing. The PROVIDER receives notifications from different impartial organisations that fight against this sort of practise when a USER or CONTRACTOR of THE PROVIDER sends out a mass undesired email. In the event that THE PROVIDER receives these notifications, it shall inform the CONTRACTOR so they may immediately cease this bad practise. The PROVIDER shall not assess whether the addresses to which THE CONTRACTOR sent the spam were obtained with their owners’ consent but shall rather take action whenever an organisation that fights against these activities makes a notification (these organisations receive complaints from people who receive spam). Therefore, if the CONTRACTOR does not cease this practise, THE PROVIDER shall immediately cancel the service and terminate this contract, reserving the right to file all applicable legal actions to defend its interests.
– It is also expressly forbidden to use programmes designed to cause problems or attacks on the network. It is also expressly forbidden to attempt to put the servers’ security to the test by conducting any kind of entry or action that is not strictly necessary for the user.
THE PROVIDER may interrupt access to the website at any time if they detect use that goes against the law, good faith, or these general terms – see the seventh clause.
The content on THE PROVIDER’S website was drawn up and included by:
THE PROVIDER entity itself, using internal and external sources, such that THE PROVIDER shall only be held liable for content drawn up internally.
– the USERS, through collaborations or voluntarily entering information, the USERS being the sole parties liable for said content and THE PROVIDER expressly exempt from all liability that may stem from this content.
– natural and legal persons beyond THE PROVIDER, either through collaborations directly inserted onto the webpage, or through links, these persons being the sole parties liable for content entered this way, and THE PROVIDER being expressly exempt from all liability under the terms set forth by Spanish law.
Moreover, THE PROVIDER’S website provides products and services to the USER, both from THE PROVIDER and from third parties intended to be sold and that are subject to the General and Particular Terms of each one of them. THE PROVIDER does not guarantee that veracity or exactness of the content related to services offered by third parties, nor that it is updated, and is expressly exempt from all liability for harm and damages that may stem from the lack of, or errors in, the characteristics of the services that these third parties may offer.
USERS who wish to establish a hyperlink on their website to THE PROVIDER’S website shall not make illegal use or use not in good faith of the information, services, or products provided on said website. Specifically, USERS who insert a hyperlink or link undertake to:
– not destroy, damage, or alter the contents, services, or products provided to the USER on THE PROVIDER’S website in any way
- not state that THE PROVIDER undertakes supervision over the hyperlink or contents of the webpage of the USER who has entered a link to THE PROVIDER’S website on their own website. Under no circumstances shall THE PROVIDER be held liable for the contents or services of the USER’S website where the hyperlink or link to THE PROVIDER’S website has been included.
- not include the mark, trade name, or any other distinctive sign belonging to THE PROVIDER on their own website without the entity’s prior authorisation to do so.
5.- THE PROVIDER’S LIABILITY:
5.1. – Errors in connections, acts of God, and force majeure: THE PROVIDER shall not be held liable for errors, delays in access, delays in the system, or any other anomaly that may arise in relation to general problems in the internet network, acts of God or force majeure, or any other totally unforeseeable contingency beyond the company’s good faith. THE PROVIDER undertakes to attempt to solve these incidents with all the resources it has available, offering all support necessary to the USER to resolve the incidents as quickly and as satisfactorily as possible. Moreover, THE PROVIDER shall not be held liable for failures that may stem from these causes in communications, or deletion or incomplete transitions, such that does not guarantee that the website shall be operative at all times when not due to causes that can be attributed to THE PROVIDER or that THE PROVIDER cannot resolve with the resources it has available. The USER exempts THE PROVIDER from all liability if any of these causes occur.
5.2.- Use of the website: THE PROVIDER shall not be held liable under any circumstances for errors or damages caused by the CONTRACTOR’S inefficient use or use made in bad faith of the service. Neither shall THE PROVIDER be held liable for major or minor consequences due to lack of communication between THE PROVIDER and the CONTRACTOR when this is attributable to the email address provided not functioning or false information provided by the CONTRACTOR when registering as a user on WWW.CERAMICDELUXE.COM.
5.3.- Liability: THE PROVIDER accepts liability that may arise from the provision of services offered under the limits and as specified by the different General Terms for Contracting services provided to the USER.
6.- USER LIABILITY:
6.2.- Reliable knowledge: If THE PROVIDER receives any communication from a third party about the alleged illegality of some content or activity conducted by a USER of THE PROVIDER’S services, and provided that this communication is received such that the person sending it is correctly identified, the USER shall be made aware and, in the event that the activity is clearly illegal, the service in question shall be blocked. For this activity to be clearly illegal, this illegality must be unequivocal for anyone accessing the content. For specific cases such as copyright or slander and libel, THE PROVIDER shall not ascertain whether the USER has the right to display these contents or if they constitute slander or libel. Only competent authorities may reliably indicate this illegality, and therefore order that the service cease.
6.3.- Storage and custody of passwords: The USER shall be liable for the security and confidentiality of all passwords used to enter their private area (which are given to them when they register as a USER) to hire the different services and must keep them in a secure location to prevent unauthorised third-party access.
6.4. Due diligence: The USER is responsible for conducting all actions required of them with due diligence. Especially, the USER must be diligent in terms of updating and the veracity of their personal data, essentially the email provided on the USER registration form as the main contact method with THE PROVIDER – see clause 8 of these Terms.
THE PROVIDER and the USER agree to communicate with, and notify each other, of all incidents that occur throughout the validity period of the different services that may be hired, preferably and prior to any other means of communication, via email. THE PROVIDER’S email address for these communications is INFO@PISCINESMONDEPRA.COM, and the CONTRACTOR’S shall be provided on THE PROVIDER’S user registration form on WWW.CERAMICDELUXE.COM. The USER is bound to have this email address operative and to modify it in their private area if necessary to continue receiving communications. In any event, if there is any urgent problem or failure in the aforementioned communication, communications shall be established via telephone, fax, post, messenger service, or any other suitable system for the intended purpose. However, the preferred communication method is email, and THE PROVIDER is exempt from all liability that may arise from the USER’S failure to check or errors in the email address provided by the USER. Each one of the parties shall be responsible for storing and keeping custody over copies of communications.
8.- COPYRIGHT AND MARK:
THE PROVIDER is a registered mark. Outside use by any means of THE PROVIDER’S mark is prohibited, including both the name and the logotype, without THE PROVIDER’S express consent. All rights reserved. Moreover, THE PROVIDER’S website (proprietary content, programming, and website design) is fully protected by copyright. All reproduction, communication, distribution, and transformation of the aforementioned protected elements is expressly forbidden without THE PROVIDER’S express consent.
9.- JURISDICTION AND APPLICABLE LAW:
These General Terms are governed by Spanish law. Specifically, they are subject to provisions in law 7/1988 of 13 April on General Terms for Hiring, Law 26/1984 of 19 July on Defence of Consumers and Users, Royal Decree 1906/1999 of 17 December 1999, regulating Telephonic or Electronic Hiring with General Terms, Organic Law 15/1999 of 13 December on Personal Data Protection, Law 7/1996 of 15 January on Retail Commerce, and Law 34/2002 of 11 July on Information Society Services and E-commerce. To resolve all controversies or conflicts stemming from these general terms, the Courts and Tribunals of GIRONA shall be competent, the CONTRACTOR expressly waiving any other jurisdiction that may be applicable.
In the event that any clause in this document is declared null, other clauses shall remain in force and shall be interpreted considering the parties’ will and the very purpose of these terms. This contract is solely conducted in Spanish (ADD LANGUAGE IF THERE IS ANOTHER), Galician, Catalan, Portuguese, and English. If THE PROVIDER does not exercise any of the rights and authorisations granted by this document, under no circumstances does this imply that they are waiving them, unless THE PROVIDER expressly acknowledges otherwise. These General Terms are registered in the General Hiring Terms Registry to grant transparency and security to the entire process.
IF YOU HAVE A REGULATED PROFESSION (DOCTOR, LAWYER) OR NEED SPECIFIC AUTHORISATION TO CONDUCT YOUR ACTIVITY, YOU MUST STATE SO.
PERSONAL DATA PROTECTION POLICY
Scope of the personal data protection policy
This personal data protection policy includes all data processing that may occur when browsing or interacting with any of our webpages or social media where we may be present (Facebook, Twitter, Instagram, etc.). Special information is specified at the end of this document for the use of social media. It is also applicable to all in-house company procedures that require data collection, whether forms in paper format or any other system.
Who is the data controller?
In compliance with regulations in EU Regulation 2016/679 of the European Parliament and the Council of 27 April 2016, you are hereby informed that the personal data you send to us shall be processed by Piscinas Mon de Pra S.L., headquartered at Av. Mas Pins 153, 17457 Riudellots de la Selva, with Tax ID Number B17316068 and email address email@example.com.
Who is the personal data protection officer?
The Personal Data Protection Officer is the individual in charge of protecting the fundamental right to personal data protection at Piscinas Mon de Pra S.L. and ensures compliance with data protection regulations. You may contact the Personal Data Protection Officer at the following email address: firstname.lastname@example.org
Which personal data are collected and for which purpose?
Here we provide details on the personal data we handle and their purposes.
|Section||Data||Purpose and legitimacy||Recipients|
|Contact||Name, email, city, and telephone number.||To answer your question, legitimised by your previous request. To receive information on future promotions or news||Our company and brand distributors.|
|Distributors||Name, surnames, email, city, and telephone number.||Managing contact to be company distributor.||Our company.|
You may withdraw your consent at any time.
Piscinas Mon de Pra S.L. uses tools to analyse user profiles, behaviours, or preferences and then conduct targeted campaigns based on these data.
|Access||You may view the personal data handled by Piscinas Mon de Pra S.L.||email@example.com|
|Rectification||You may modify your personal data when incorrect.|
|Deletion||You may request that your personal data be deleted|
|Opposition||You may request that your personal data not be processed.|
|Processing limitation||You may rest that the processing of your data be limited in the following cases: – While verifying a challenge to the exactness of your data – When Piscinas Mon de Pra S.L. does not need to process your data, but you need them to file or defend yourself against a complaint.|
|Portability||You may receive in electronic format the data you have provided to us in electric format.|
|If you believe we have not processed your personal data according to regulations, you may contact the Data Protection Officer at firstname.lastname@example.org. Notwithstanding, you may file a claim with the Spanish Data Protection Agency (www.agpd.es)|
|To exercise your rights, please attach a copy of your DNI (National ID Card) or a document verifying your identity to your request.|
|It is free to exercise your rights|
What is the reasoning behind using your personal data?
As follows, we explain the legal basis that allows us to process your personal data.
1.- To fulfil a contractual relationship
2.- When you grant us your consent.
3.- Because of Piscinas Mon de Pra S.L.’s legitimate interest in showing you services, products, and initiatives that may interest you
4.- To fulfil obligations set forth by the Law.
Please remember that you may withdraw your consent at any time at the following address: email@example.com
Posting photos or videos on the webpage or on social media
To post photographs or videos of our workers, clients, users, or minors on the website or on social media, just like to collect data to conduct a contest or process any other personal data, we previously obtain explicit, undeniable, and informed consent from the owner which, in the case of those younger than 14 years of age, is granted by the parents or legal guardians.
These photos are processed based on the principle of proportionality, meaning that they are only strictly processed for the purpose for which consent was granted.
Piscinas Mon de Pra S.L. informs the user that, barring the existence of legally established representation, no user may use the identity of another individual and communicate said individual’s personal data. This means that at all times, the user must bear in mind that they may only provide personal data regarding their own identity, and this data must be appropriate, pertinent, current, exact and true.
How long will we store your data?
Piscinas Mon de Pra S.L. stores your personal data as long as is necessary for the purpose for which they were collected. If guidelines are other than as set forth in this policy, details on this are provided in the pertinent document.
With whom do we share your data?
Piscinas Mon de Pra S.L. will only transfer your data for services when you are told we will do so and in cases set forth by the law.
Your data shall not be internationally transferred.
For social media, all information and contents posted by the user shall be communicated and shared with other users viewing the social network because of the very nature of the service.
Piscinas Mon de Pra S.L. guarantees total confidentiality and privacy for personal data collected, which is why it has taken essential security measures to prevent the alteration, loss, and unauthorised processing or access, to therefore guarantee their integrity and security.
The user undertakes to make diligent use and not share your username and password with third parties, and to inform the company of any theft, loss, or risk of third parties accessing your user profile.
What are your rights when you provide us with your personal data?
The operation of social networks is not under Piscinas Mon de Pra S.L.’s control, so the information posted shall be shared by all users viewing them. Additionally, these networks allow interaction with other users. Therefore, we provide details on premises to bear in mind as follows.
The purpose of using social media is to raise visibility and dissemination of the products developed by Piscinas Mon de Pra S.L.
In principle, the same data protection policy set forth in this document is applied in terms of data collection, processing, and transfer.
The user is bound to:
- Not post information that does not comply with the requirements of veracity, public interest, and respect for the dignity of people. Especially, the user must avoid all conduct that may infringe upon the principle of not discriminating based on sex, race, religion, ideology, or any other personal or social circumstance, and that is against privacy, honour, and image. The user is the end party liable for the veracity and legality of the contents they post.
- Not record or post images, videos, or any other sort of recording without the consent of affected parties.
Piscinas Mon de Pra S.L. does not identify with the opinions expressed by others, nor with the ideology of the profiles of those with which it is friends on any social media network.
Piscinas Mon de Pra S.L. reserves the right to delete any information posted by others from its social media that infringes on the law, incites others to do so, or that contains messages contrary to the dignity of people or institutions. It may also block or report the profile that is the author of these messages.
Recommendations to users
- Learn about possibilities for settings and use on the network.
- Set the user profile’s degree of privacy on the social network appropriately.
- Do not post excessive information on your personal and family life.
- Be careful when posting audio-visual and graphic content on your profile, especially if hosting images associated with third parties.
- Do not offer third-party data without said party’s prior consent.
The social media networks managed by Piscinas Mon de Pra S.L. are: