Legal Notice and Privacy Policy

In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we inform you that the Website and the Internet portal www.polivas.com (hereinafter, the “Website”) is owned by Polivas SL, with registered office at C/ Polígono 1 Parcela 88 with CIF nº B07472111. This legal notice regulates the conditions of use of the aforementioned Internet portal.

Applicable law and jurisdiction

In general, the relations between Polivas SL and the users of its telematic services, present on the website, are subject to Spanish legislation and jurisdiction.

The parties expressly waive any jurisdiction that may apply to them and expressly submit to the Courts and Tribunals of Consell to resolve any controversy that may arise in the interpretation or execution of these contractual conditions.

User acceptance

This Legal Notice regulates the access and use of the website that Polivas SL makes available to Internet users. The user is considered to be the person who accesses, browses, uses or participates in the services and activities of the website.

The user is informed, and accepts, that access to this website does not in any way imply the beginning of a commercial relationship with Polivas SL. Access and navigation on the website by the user implies acceptance of all of these Conditions of Use. In the event of disagreement with the conditions, the user must refrain from using the website.

Access to the website

Access to the website by users is free of charge. Some services may be subject to prior contracting of the service.

If it is necessary for the user to provide personal data to access any of the services, the collection and processing of the data will be carried out in accordance with current regulations, specifically with the GDPR. For more information, consult our privacy policy www.polivas.com.

Content and use

The visit to the website by the user must be done in a responsible manner and in accordance with current legislation, good faith, this Legal Notice and respecting the intellectual and industrial property rights owned by Polivas SL or any other natural or legal persons.

The use of any of the contents of the website for purposes that are or could be illegal is totally prohibited, as well as the performance of any action that causes or could cause damage or alterations of any kind not consented to by Polivas SL, to the website or its contents.

The owner of the website does not identify with the opinions expressed therein by its collaborators. The company reserves the right to make any changes it deems appropriate to its website without prior notice, and may change, delete or add both the contents and services provided through it and the way in which they are presented or located on its servers.

Intellectual and industrial property

The intellectual property rights of the content of the web pages, their graphic design and codes are the property of Polivas SL and, therefore, their reproduction, distribution, public communication, transformation or any other activity carried out with the contents of the website is prohibited, even if the sources are cited, unless prior, express and written consent of Polivas SL is obtained. All trade names, brands or distinctive signs of any kind contained in the company’s web pages are the property of their owners and are protected by law.

Polivas SL does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the website, and in no case will it be understood that the access and navigation of users implies a waiver, transmission, license or total or partial transfer of said rights by Polivas SL.

Any use of said contents not previously authorized by Polivas SL will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established liabilities. Polivas SL reserves the right to exercise any legal or extrajudicial actions against the user.

Responsibility and guarantees

Polivas SL declares that it has adopted the necessary measures that, within its possibilities and the state of technology, allow the correct functioning of its website as well as the absence of viruses and harmful components. However, Polivas SL cannot be held responsible for the following situations that are listed by way of example, but not limited to:

The continuity and availability of the Contents.
The absence of errors in said Contents or the correction of any defect that may occur.
The absence of viruses and/or other harmful components.
The damages or losses caused by any person who violates the security systems of Polivas SL.
The use that users may make of the contents included in the website. Consequently, Polivas SL does not guarantee that the use that users may make of the contents that may be included in the website, conform to this legal notice, nor that the use of the website is carried out diligently.
The use of the website by minors or the sending of their personal data without the permission of their guardians, with guardians being responsible for the use they make of the Internet. The content that the user can access through unauthorized links or entered by users through comments or similar tools.
The introduction of erroneous data by the user or a third party.

Polivas SL may temporarily and without prior notice suspend access to the website for maintenance, repair, updating or improvement operations. However, whenever circumstances permit, Polivas SL will inform the user, with sufficient advance notice, of the expected date for the suspension of the content.

Also, in accordance with arts. 11 and 16 of Law 34/2002, of July 11, on information society services and electronic commerce (LSSICE), Polivas SL undertakes to eliminate or, where appropriate, block content that could affect or be contrary to current legislation, the rights of third parties or morality and public order.

Polivas SL uses cookies to optimise and personalise your browsing on the website. Cookies are physical information files stored on the user’s own terminal. The information collected through cookies is used to facilitate the user’s navigation through the portal and optimise the browsing experience. The data collected through cookies may be shared with their creators, but in no case will the information obtained by them be associated with personal data or data that can identify the user.

However, if the user does not wish cookies to be installed on their hard drive, they have the option of configuring the browser in such a way as to prevent the installation of these files. For more information, see our Cookies Policy www.polivas.com.

Links

The presence of links on the website of Polivas SL to other Internet sites is for informational purposes only and in no case constitutes a suggestion, invitation or recommendation regarding them. Polivas SL shall not assume any liability for the content of a link belonging to a third-party website, nor shall it guarantee the reliability, accuracy, breadth, truthfulness, validity and technical availability of the link.

In the event that other websites establish links to the website of Polivas SL, it shall not be understood that Polivas SL has authorized the link or the content of the website in which the link is contained, nor may inappropriate, defamatory, illegal, obscene or illicit content, or other content that is contrary to current legislation, be included on the linked page.

Polivas SL reserves the right to contact the owner of the website in which the link is established if it considers that the regulations are not being complied with, as well as to exercise the corresponding legal and extrajudicial actions. Modification of the conditions Polivas SL expressly reserves the right to unilaterally modify, in whole or in part, this Legal Notice without prior notice. The user acknowledges and accepts that it is his or her responsibility to periodically review this Legal Notice.

Basic information on Data Protection

Controller Polivas SL
Purpose Provision of online services
Web user management
Commercial communications related to our services
Legitimation Express consent and legitimate interest
Recipients Data is not transferred to third parties, except under legal obligation
Rights Access, rectify and delete data, as well as other rights, as explained in the additional information
Additional information You can consult additional and detailed information on Data Protection in the attached clauses found at www.polivas.com

At Polivas SL we work to offer you the best possible experience through our products and services. In some cases, it is necessary to collect information to achieve this. We care about your privacy and we believe that we must be transparent about it.

For this reason, and for the purposes of the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 (hereinafter, “RGPD”) on the protection of natural persons with regard to the processing of personal data and the free circulation of these data, and LAW 34/2002, of July 11, on Information Society Services and Electronic Commerce (hereinafter, “LSSI”), Polivas SL informs the user that, as the data controller, it will incorporate the personal data provided by users into an automated file.

Our commitment begins by explaining the following to you:

Your data is collected so that the user experience improves, taking into account your interests and needs.
We are transparent in relation to the data we obtain about you and the reason why we do so.
Our intention is to offer you the best possible experience. Therefore, when we are going to use your personal information, we will always do so in compliance with the regulations, and when necessary, we will request your consent.
We understand that your data belongs to you. Therefore, if you decide not to authorize us to process it, you can ask us to stop processing it.
Our priority is to guarantee your security and process your data in accordance with European regulations.

If you wish to obtain more information about the processing of your data, please consult the different sections of the privacy policy below:

Who is responsible for the processing of your personal data?

Identity: Polivas SL
Registered office: C/ Polígono 1 Parcela 88
CIF number: B07472111
Email: polivas@polivas.com

Polivas SL has appointed a Data Protection Officer or an internal contact person within its organization. If you wish to make a query regarding the processing of your personal data, you can contact him/her by email at polivas@polivas.com

What personal data do we collect?

The personal data that the user may provide:

Name, address and date of birth.
Telephone number and email address.
Location.
Information regarding payments and returns.
IP address, date and time at which you have accessed our services, internet browser you use and data about the operating system of the device.
Any other information or data that you decide to share with us.

In some cases, it is mandatory to complete the registration form to access and enjoy certain services offered on the website; also, not providing the requested personal data or not accepting this data protection policy means the impossibility of subscribing, registering or participating in any of the promotions in which personal data is requested.

Why and for what purpose do we process your data?

At Polivas SL we process the information provided to us by interested parties for the following purposes:

Manage orders or contract any of our services, either online or in physical stores.
Manage the sending of the information requested from us.
Develop commercial actions and maintain and manage the relationship with the user, as well as the management of the services offered through the website and information tasks, being able to carry out automatic evaluations, obtain profiles and segmentation tasks of the clients in order to personalize the treatment according to their characteristics and needs and improve the online experience of the client.
Develop and manage contests, raffles or other promotional activities that may be organized.
In some cases it will be necessary to provide information to the Authorities or third-party companies for auditing reasons, as well as handle personal data from invoices, contracts and documents to respond to claims from clients or Public Administrations. We inform you that the personal data obtained as a result of your registration as a user will be part of the Register of Activities and Processing Operations (RAT), which will be periodically updated in accordance with the provisions of the RGPD.

What is the legitimacy for the processing of your data?

The processing of your data may be based on the following legal bases:

Consent of the interested party for the contracting of services and products, for contact forms, requests for information or registration for e-newsletters.
Legitimate interest for the processing of our clients’ data in direct marketing actions and express consent of the interested party for everything related to automatic evaluations and profiling.
Compliance with legal obligations for fraud prevention, communication with public authorities and claims from third parties.

How long do we keep your data?

The processing of data for the purposes described will be maintained for the time necessary to fulfill the purpose of its collection (for example, for the duration of the commercial relationship), as well as for compliance with the legal obligations arising from the processing of the data.

To which recipients are your data communicated?

In some cases, only when necessary, Polivas SL will provide user data to third parties. However, data will never be sold to third parties. Third party service providers (e.g. payment providers or delivery companies) that Polivas SL works with may use the data to provide the relevant services, however they will not use such information for their own purposes or for transfer to third parties.

Polivas SL seeks to ensure the security of personal data when it is sent outside the company and ensures that third party service providers respect confidentiality and have appropriate measures in place to protect personal data. These third parties are required to ensure that the information is treated in accordance with data privacy regulations.

In some cases, the law may require that personal data be disclosed to public bodies or other parties, only what is strictly necessary for compliance with such legal obligations will be disclosed.

The personal data obtained may also be shared with other companies in the group.

Where is your data stored?

Generally, data is stored within the EU. We will ensure that data sent to third parties outside the EU offer a sufficient level of protection, either because they have Binding Corporate Rules (BCR) or because they have adhered to the “Privacy Shield”.

What rights do you have and how can you exercise them?

You can direct your communications and exercise your rights by sending a request to the following email address: polivas@polivas.com.

Pursuant to the provisions of the GDPR, you can request:

Right of access: you can request information about the personal data we have about you.
Right to rectification: you can communicate any changes to your personal data.
Right to deletion and to be forgotten: you can request the deletion prior to blocking of personal data.
Right to limitation of processing: this involves restricting the processing of personal data.
Right to object: you can withdraw your consent to the processing of your data, objecting to the continued processing of your data.
Right to portability: in some cases, you can request a copy of your personal data in a structured, commonly used and machine-readable format for transmission to another controller.
Right not to be subject to individualised decisions: you can request that no decisions be made based solely on automated processing, including profiling, that produce legal effects or significantly affect the data subject.

In some cases, your request may be rejected if you request that data necessary for compliance with legal obligations be deleted. Likewise, if you have any complaints about the processing of your data, you can file a claim with the data protection authority.

Who is responsible for the accuracy and veracity of the data provided?

The user is solely responsible for the veracity and correctness of the data included, exonerating Polivas SL from any liability in this regard. Users guarantee and are responsible, in any case, for the accuracy, validity and authenticity of the personal data provided, and undertake to keep them duly updated. The user agrees to provide complete and correct information in the registration or subscription form. Polivas SL reserves the right to terminate the contracted services that have been entered into with users, in the event that the data provided is false, incomplete, inaccurate or not updated.

Polivas SL is not responsible for the veracity of information that is not of its own creation and for which another source is indicated, and therefore does not assume any responsibility for hypothetical damages that may arise from the use of said information.

Polivas SL reserves the right to update, modify or eliminate the information contained in its web pages and may even limit or not allow access to said information. Polivas SL is exonerated from liability for any damage or harm that the user may suffer as a result of errors, defects or omissions in the information provided by Polivas SL provided that it comes from sources other than the same.

Likewise, the user certifies that he or she is over 14 years of age and that he or she has the necessary legal capacity to provide consent regarding the processing of his or her personal data.

How do we process the personal data of minors?

In principle, our services are not specifically directed at minors. However, in the event that any of them are directed at minors under fourteen years of age, in accordance with article 8 of the GDPR and article 7 of LO3/2018, of December 5 (LOPDGDD), Polivas SL will require the valid, free, unequivocal, specific and informed consent of their legal guardians to process the personal data of minors. In this case, the DNI or other form of identification of the person giving consent will be required.

In the case of persons over fourteen years of age, the data may be processed with the consent of the user, except in cases where the Law requires the assistance of the holders of parental authority or guardianship.

What security measures do we apply to protect your personal data?

Polivas SL has adopted the security levels of protection of Personal Data legally required, and seeks to install those other additional technical means and measures within its reach to prevent the loss, misuse, alteration, unauthorized access and theft of the Personal Data provided to Polivas SL.

Polivas SL is not responsible for hypothetical damages or losses that may arise from interference, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operational functioning of this electronic system, caused by reasons beyond the control of Polivas SL