I.- Purpose, object and scope
The present stipulations regulate the hiring of products and services offered and the advertising directed at your clients/users by Zoomlabs through the Internet and from its webpage (www.agencia-marketing-online.es). The present General Terms also regulate the rights and obligations of the parts derived from the agreed operations. The clauses below set the contract that all users that access the page www.agencia-marketing-online.es are required to know and accept. To the effect of the present general terms, the expression “user” refers to any Internet user that enters the webpage www.agencia-marketing-online.es, either directly, either from any other Internet site.
The services offered by Zoomlabs in the present web will be regulated by the conditions contained in the present contract. Zoomlabs reserves the right to modify, totally or partially, these General Terms. The new terms will be applicable from the moment of publication in the page. In any case, the cited modifications will not have retroactive effect on goods or services previously contracted by the users. These General Terms bind both parts and are an inseparable part of the buying and selling contract, whose efficiency operates the moment the order is subscribed on behalf of the client, by means of contractual mechanisms that will be specified later. All of the above will be in conformity with the art. 1.255 of the Spanish Civil Code, which contemplates the right of autonomy of will and agreement between contractual parts.
In order to guarantee the integrity of the rights of consumers and users of Zoomlabs, the present General Terms are established in conformity with the contemplated in the Spanish law, particularly with the Law 7/1998, of April 13, of General Terms of Contracting; Law 7/1996, of January 15, of Ordering of Retail Commerce; Civil Code, Directive 2000/31 CE of the European Parliament and the Council of June 8; Law 34/2002, of July 11, of services of information society and e-commerce; Law 3/2014, of March 27, by which the refunded text of the General Law for the Defense of Consumers and Users is modified, and other complementary laws, approved by the Royal Legislative Order 1/2007, of November 16 (from now on LGDCU) and other applicable laws and their guidelines.
II.- Identification and social reason of the offering company
Zoomlabs SLU, with social address in Calle Núñez de Balboa, 120 – 28006 Madrid, Spain.
Zoomlabs SLU is registered in the Commercial Register of Madrid, with fiscal ID number B85607240.
Its contact address is e-mail firstname.lastname@example.org
Its contact telephone is 91 828 18 55
To the effect of complaints or claims, the address will correspond with the cited social address of the company.
III.- Legal conditions for Provision of services and responsibility
In compliance with the established in art. 10 of Law 34/2002 of July 11, Zoomlabs S.L., through its webpage and the present General Terms, enables access through electronic mediums to the comprehensive information of its social reason (tax data, registry data, address and contact information) in a permanent, easy, direct and free way, as well as to the clients’ data, of exclusive access, that is in the possession of the company.
Also, in compliance with LGDCU 1/2007, the client is offered the pre-contractual information (please see these General Terms, as well as additional information in the different sections of the web) and the confirmation of the legally required information.
IV.-Personal data protection
Information received by Zoomlabs through its webpage will be treated with maximum confidentiality. Zoomlabs will contemplate the current legislation about data protection, particularly the Organic Law 15/1999, of December 13, of Personal Data Protection, and will adopt the necessary measures to, in relation to that data, avoid its alteration, loss, treatment and non-authorized access, and provide that employees will contemplate those prescriptions, as well as their duty of confidentiality towards the data object of protection and other obligations of confidentiality in force. Additionally, Zoomlabs commits not to use personal data of users in the webpage to other aims different from the object of contracting of the services required.
According to the current legislation, Zoomlabs collects personal data from its clients and includes it in a file of its property and whose treatment will be exclusively destined to the aim of managing the required demands to the company and respond to the queries that the users may formulate. The entity responsible for the files is Zoomlabs. The user will provide the data and personal circumstances necessary to register as a client of the company and formalize the buying and selling contract (name and surname, social reason, ID, physical address, e-mail address, telephone number/fax). The registry of this data is compulsory; the lack of compliance by the user or the providing of incorrect data will result in that Zoomlabs will not be able to properly manage the client’s demands. Zoomlabs demands additional personal data to statistical effects that will allow it to understand the user’s profile. The user can omit or stop communicating any data or personal circumstance that is not absolutely necessary to register as a client or formalize the purchase. Zoomlabs may allow third parties of advertising nature to place advertisements in its web. Zoomlabs may use the data with the aim of remitting information to the client about offers and/or advertising information to his/her e-mail or personal address provided, to which the client expressly consents. Nevertheless, the client will always have the possibility to reject the delivery of such information, sending an e-mail to this purpose.
Additionally, the client expressly consents to Zoomlabs communicating such data to companies or banks to manage the transportation and payment of the order. Zoomlabs may also communicate the data to third parties, abiding by the law.
The data collected by Zoomlabs may be treated and stored in Spain or any other country where it owns installations. Likewise, it may transfer data internationally to non-EU member countries, for which the client consents expressly—all in compliance of the law.
Rights of access, rectification, cancellation and opposition:
Zoomlabs, entity addressee of the data that is collected in this webpage, commits to respect and provide to the interested the exercise of the rights recognized by the law and, particularly, the rights of access to the data, rectification, cancellation of data and opposition, if it were pertinent. Such rights may be exercised by the user or by who is representing him/her, through a written and signed request, directed to the following address: Calle Núñez de Balboa, 120 – 28006 Madrid.
Security in the treatment, electronic process and custody of data:
Zoomlabs states and guarantees that it maintains security levels for the protection of personal data according to the established in the current legislation, and that is has established all the technical mediums to its reach in order to avoid the loss, misuse, alteration, non-authorized access and theft of data provided by the users. All of the above without damage of the fact, that the user expressly accepts, that the security measures in the Internet are not impregnable.
V.- Limitation of responsibility
Zoomlabs and/or its suppliers will not be responsible in any case and under any legal theory, by contractual obligations, extra contractual or of any other kind, against the client or against third parties, of direct, indirect, special, incidental or consequential damage, or any other type, including but not limited to, damage for any stopping profit, savings loss, data loss, costs, honorary fees or charges of any kind derived from or related to the present conditions, this site or the use or impossibility of use of the material and any provided information, even if Zoomlabs or a representative had been warned against the possibility of such damage. Some jurisdictions do not allow for the exclusion or limitation of incidental, consequential or special damage. Consequentially, it is possible that the limitation or exclusion above mentioned may not be applicable in that case.