WHO WE ARE
Fagor Electrónica, S.Coop. San Andrés, s/n E-20500 Mondragón (Spain) Tel: + 34 943 71 25 26 Fax: + 34 943 71 28 93 E-mail: email@example.com
The domain http://www.fagorelectronica.com is owned by FAGOR ELECTRONICA S.COOP
GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF WWW.FAGORELECTRONICA.COM
This document establishes the General Terms and Conditions of Use of this WEBSITE, provided on the Internet by FAGOR ELECTRONICA, S. COOP. Any user accessing this WEBSITE must first read and accept the terms, conditions, notifications, warnings and other legal notices contained in these clauses. Access to this WEBSITE is free and no previous subscription or registration is required to view it. Any links to other WEBSITES and the use which may be made of them by users are subject to these General Terms and Conditions of Use, and to any specific conditions required by the aforementioned WEBSITES. Any use other than that authorised is expressly prohibited.
2.- RIGHTS AND OBLIGATIONS OF THE SERVICES PROVIDER.
- As the provider of this service, FAGOR ELECTRONICA, S. COOP. is bound to supply the services offered by this WEBSITE, to efficiently guarantee the confidentiality of any communication made with its users and to respond to any complaints which may arise. This WEBSITE does not register or store the personal data of the persons accessing it unless they are provided voluntarily by the user.
- FAGOR ELECTRONICA, S. COOP. reserves the right to modify or update the information contained on the WEBSITE, or its configuration or presentation, at any time and with no prior notice. Without prejudice to this fact they shall however endeavour to inform the users of the same, whenever the circumstances permit.
- Both access to the WEBSITE and the use that may be made of the information contained on it are the exclusive responsibility of the person consulting it. FAGOR ELECTRONICA, S. COOP. shall not be held liable for any consequences or damages which may arise from this access to information or use of the same, with the exception of any actions resulting from the application of the legal provisions to which they are subject in the strict exercise of their duties. FAGOR ELECTRONICA, S. COOP. does not guarantee, directly or indirectly, the information or services offered, except in the case of guarantees that must be granted in virtue of applicable law or explicitly figuring in an agreement between the aforementioned company and the user. FAGOR ELECTRONICA, S. COOP. does not guarantee content supplied by third parties, where this is the case, and neither does it guarantee the veracity, reliability, accuracy, suitability or convenience of the information supplied for the purposes the users or any other persons may make of the same.
3.- RIGHTS AND OBLIGATIONS OF THE USER.
- The user must make lawful use of the services provided on this WEBSITE at all times, in accordance with the existing legislation, and respect the intellectual property rights of FAGOR ELECTRONICA , S. COOP.
- Users may not carry out any action via the services made available to them by FAGOR ELECTRONICA, S. COOP. which will cause damage or alteration of the WEBSITE's content, or hinder the correct functioning of the same. They may not cause any technical problems of any type, transfer any elements likely to carry computer virus or which may totally or partially damage, interfere with or intercept this WEBSITE, and neither may they intervene in or interfere with the electronic mail of other users.
4.- EXCEPTIONS TO THE GUARANTEE AND TO THE RESPONSIBILITY FOR THE FUNCTIONING OF THE WEBSITE AND ITS SERVICES.
- FAGOR ELECTRONICA, S. COOP. does not guarantee the availability and continuity of functioning of this WEBSITE and its services. It shall therefore hold no liability for damages of any kind which may derive from the unavailability or discontinuity of functioning of the WEBSITE and its services. In any case, FAGOR ELECTRONICA, S. COOP. will do everything within its power to keep this WEBSITE continuously available.
- Despite the fact that FAGOR ELECTRONICA, S. COOP. has taken all the suitable measures to guarantee security in this sense, it can neither control nor guarantee the absence of virus or other elements in the content of this WEBSITE which could cause alterations to the user's computer system (software and hardware) and/or to electronic documents and files stored in their computer system. FAGOR ELECTRONICA, S. COOP. shall hold no liability for damages of any kind arising from the presence of virus in the WEBSITE's content which could cause alterations to the computer system, electronic documents, files, etc.
- FAGOR ELECTRONICA, S. COOP. does not guarantee that access to its WEBSITE and the content of the same will be free from errors. The user therefore exempts FAGOR ELECTRONICA, S. COOP. from any liability as regards its reliability, utility or any false expectations given rise to by the Site when they visit the same.
5.- INTELLECTUAL PROPERTY.
The intellectual property rights to this WEBSITE and the different elements contained therein belong to FAGOR ELECTRONICA, S. COOP., except for those of companies with which it has signed the corresponding contract for the provision of content, and which are protected by national and international intellectual and industrial property regulations. The exclusive exercise of rights to reproduction, distribution, public communication and modification belongs to the aforementioned company. The design, images, maps, graphs, brand names, headings, distinctive trademarks or logos of FAGOR ELECTRONICA, S. COOP., frames, banners, software and its different codes, fonts, objects, etc. on this WEBSITE are the property of FAGOR ELECTRONICA, S. COOP., who lawfully and exclusively possesses the rights to exploitation to the same. Users accessing this WEBSITE may not copy, modify, distribute, transmit, reproduce, publish, transfer or sell the aforementioned elements, or create new products or services deriving from the information obtained. Only viewing and downloading for personal and non-commercial use by the user is authorised, and this does not extend to third parties or entities. Any alteration of this WEBSITE by the user which may affect its content, such as links and similar, is categorically forbidden. FAGOR ELECTRONICA, S. COOP. shall ensure that the content of this WEBSITE is not of a pornographic, xenophobic, discriminatory, racist or defamatory nature, and that it does not incite to violence. Likewise, it shall endeavour to prevent any circumstances from occurring which may be detrimental to its users.
No link to the WEBSITE from any other Site may be made without previous express consent from FAGOR ELECTRONICA, S. COOP. If this WEBSITE should contain links to other portals or WEBSITES not administered by FAGOR ELECTRONICA, S. COOP., this company hereby declares that it has no control over such portals or WEBSITES, and is not responsible for their content. Any links featuring on this WEBSITE will be for informative and reference purposes only, and the company makes no evaluation of any kind regarding their content, owners, or the services or products offered by the same. FAGOR ELECTRONICA, S. COOP. shall hold no liability in any case in relation to the services provided by the aforementioned third parties with regard to claims or lawsuits of any kind which may be filed in relation to the same.
7.- APPLICABLE LAW AND JURISDICTION.
These General Terms and Conditions of Access and Use, and any relationship between the user and FAGOR ELECTRONICA, S. COOP., shall be governed by Spanish legislation. In the case of any dispute arising from the existence or content of these Terms and Conditions or from the relationship between the user and FAGOR ELECTRONICA, S. COOP., both parties are to expressly forego any other forum which may correspond to them and submit their arbitration to the exclusive jurisdiction of the Courts and Tribunals of Bergara (Gipuzkoa).
PRIVACY AND DATA PROTECTION POLICY
Respecting the provisions of current legislation, Fagor Electrónica (hereinafter also Website) undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
- The Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
- Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
- Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE). Identity of the person responsible for the processing of personal data
The person in charge of the treatment of the personal data collected in Fagor Electrónica is: Fagor Electrónica , S. Coop, with NIF: F20027975 (hereinafter, Data Controller).
Its contact details are as follows:
Address: San Andres, s/n - Mondragon
Contact telephone: 943712526
Contact email: firstname.lastname@example.org
Personal Data Registry
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Fagor Electrónica, through the forms on their pages will be incorporated and will be treated in our file in order to facilitate, expedite and fulfill the commitments established between Fagor Electrónica and the User or the maintenance of the relationship established in the forms that this fill, or to respond to a request or query from the same.
Also, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided in Article 30.5 of the RGPD applies, a record of processing activities is maintained that specifies, according to their purposes, the processing activities carried out and other circumstances established in the RGPD.
Principles applicable to the processing of personal data
The processing of the User's personal data shall be subject to the following principles set out in Article 5 of the GDPR and in Article 4 et seq. of Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights:
- Principle of lawfulness, fairness and transparency: the consent of the User shall be required at all times following fully transparent information of the purposes for which the personal data are collected.
- Purpose limitation principle: personal data will be collected for specified, explicit and legitimate purposes.
- Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
- Accuracy principle: personal data must be accurate and always up to date.
- Principle of limitation of the storage period: personal data shall only be kept in such a way as to allow the identification of the User for the time necessary for the purposes for which they are processed.
- Principle of integrity and confidentiality: personal data will be processed in such a way as to ensure their security and confidentiality.
- Principle of proactive responsibility: the Controller shall be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed in Fagor Electrónica are only identification data. In no case, special categories of personal data within the meaning of Article 9 of the GDPR are processed.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. Fagor Electrónica undertakes to obtain the express and verifiable consent of the User for the processing of personal data for one or more specific purposes. The User will have the right to withdraw his consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent shall not condition the use of the Website. On the occasions when the User must or may provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, you will be informed if the completion of any of them is mandatory because they are essential for the proper conduct of the operation performed.
Personal data are collected and managed by Fagor Electrónica in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills or to respond to a request or inquiry. Likewise, the data may be used with a commercial purpose of personalization, operational and statistical, and activities of the corporate purpose of Fagor Electrónica, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website. At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses that will be given to the information collected.
Retention periods of personal data
Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: , or until the User requests their deletion. At the time the personal Purposes of the processing for which the personal data is used Pdata is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period.
Recipients of personal data
The User's personal data will not be shared with third parties. In any case, at the time the personal data is collected, the User will be informed about the recipients or categories of recipients of the personal data. Personal data of minors Respecting the provisions of Articles 8 of the RGPD and 7 of the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may give their consent to the processing of their personal data in a lawful manner by Fagor Electrónica. In the case of a minor under 14 years of age, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it. Secrecy and security of personal data Fagor Electrónica undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and prevent accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data. The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, is fully encrypted or encrypted. However, because Fagor Electronica can not guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a breach of security of personal data that is likely to involve a high risk to the rights and freedoms of individuals occurs. Following the provisions of Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.
Rights arising from the processing of personal data.
The User has over Fagor Electrónica and may, therefore, exercise against the Data Controller the following rights recognized in the RGPD and the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:
- Right of access: this is the User's right to obtain confirmation of whether or not Fagor Electrónica is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Fagor Electrónica has carried out or will carry out, as well as, among others, the information available on the origin of such data and the recipients of the communications made or planned of the same.
- Right of rectification: This is the User's right to have his or her personal data that proves to be inaccurate or, taking into account the purposes of the processing, incomplete, amended.
- Right of erasure ("the right to be forgotten"): This is the User's right, provided that the legislation in force does not provide otherwise, to obtain the deletion of his/her personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his/her consent to the processing and the processing has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data have been processed unlawfully; the personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Controller, taking into account the technology available and the cost of its implementation, must take reasonable steps to inform the controllers that are processing the personal data of the data subject's request for the deletion of any link to such personal data.
- Right to limitation of processing: This is the User's right to limit the processing of his or her personal data. The User has the right to obtain the limitation of processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
- Right to data portability: Where processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format, and to transmit it to another Controller. Whenever technically feasible, the Data Controller shall transmit the data directly to such other controller.
- Right to object: This is the User's right not to have his or her personal data processed or to cease the processing of such data by Fagor Electrónica.
- Right not to be subject to a decision based solely on automated processing, including profiling: It is the right of the User not to be subject to an individualized decision based solely on automated processing of personal data, including profiling, existing unless otherwise provided by law. Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference "RGPD-www.fagorelectronica.com", specifying: - Name, surname of the User and copy of the ID card. In cases where the representation is admitted, it will also be necessary the identification by the same means of the person representing the User, as well as the document proving the representation. The photocopy of the DNI may be substituted by any other means valid in law that proves the identity. - Request with the specific reasons for the request or information to be accessed. - Address for notification purposes. - Date and signature of the applicant. - Any document that accredits the request being made. This request and any other attached documents may be sent to the following address and/or e-mail address: Postal address: San Andrés, s/n - Mondragon E-mail: email@example.com
Links to third party websites
The Web Site may include hyperlinks or links that allow access to third party websites other than Fagor Electrónica, and therefore are not operated by Fagor Electrónica. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.
Complaints to the supervisory authority
In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his/her personal data is being processed, he/she shall have the right to effective judicial protection and to file a complaint before a supervisory authority, in particular, in the State in which he/she has his/her habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.aepd.es/).