Legal Advice
LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE
I. GENERAL INFORMATION
In compliance with the obligation to provide information laid down in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of 11 July, the following general information on this website is provided
The ownership of this website, www.formamobles.com, (from now on Website) is held by: TREKGES, S. L., with NIF: B-03903499 and registered in: Registered in the Mercantile Register of Alicante Volume 1660 General Sheet No. A-24558 INC. 1ª, whose representative is: Jose-Maria Valles Mengual, and whose contact details are
Address:
Avda. Mediterraneo 139
03725 TEULADA (Alicante)
phonenumber: 96 574 11 77
Email: info@formamobles.com
II. GENERAL TERMS AND CONDITIONS OF USE
El objeto de las condiciones: El Sitio Web
The purpose of these General Conditions of Use (hereinafter referred to as the Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, Web Site shall be understood to mean: the external appearance of the screen interfaces, both static and dynamic, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter referred to as Content) and all those services or online resources that it may offer Users (hereinafter referred to as Services).
FORMA MOBLES reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Web Site and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time FORMA MOBLES may interrupt, deactivate and/or cancel any of these elements that are integrated in the Web Site or access to them.
Access to the Website by the User is free and, as a general rule, is free of charge without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network supplied by the access provider that the User has contracted.
The use of any of the Content or Services of the Web Site may be made by means of prior subscription or registration by the User.
The User
Access, navigation and use of the Web Site, as well as the spaces enabled for interaction between Users and the User and FORMA MOBLES, such as comments and/or blogging spaces, confers the condition of User, and therefore all the Conditions established here, as well as their subsequent modifications, are accepted from the moment the navigation of the Web Site begins, without prejudice to the application of the corresponding legal regulations of obligatory compliance according to the case. Given the relevance of the above, the User is recommended to read them each time he or she visits the Web Site.
The FORMA MOBLES website provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Web Site. This responsibility shall extend to:
A use of the information, Contents and/or Services and data offered by FORMA MOBLES without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way could imply damage to the rights of third parties or the same operation of the Web Site.
The veracity and legality of the information provided by the User in the forms provided by FORMA MOBLES for access to certain Contents or Services offered by the Web Site. In any case, the User shall immediately notify FORMA MOBLES of any fact that allows the improper use of the information registered in said forms, such as, but not limited to, the theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.
FORMA MOBLES reserves the right to withdraw all those comments and contributions that violate the law, respect for personal dignity, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or children, public order or security or that, in its opinion, are not suitable for publication.
In any case, FORMA MOBLES will not be responsible for the opinions expressed by the Users through comments or other blogging or participation tools that may exist.
The mere fact of accessing this Web Site does not imply any kind of commercial relationship between FORMA MOBLES and the User.
The User declares that he/she is of legal age and has sufficient legal capacity to be bound by these Conditions. Therefore, this Web Site of FORMA MOBLES is not addressed to minors. FORMA MOBLES declines any responsibility for the failure to comply with this requirement.
The Website is mainly aimed at Users resident in Spain. FORMA MOBLES does not guarantee that the Web Site complies with the legislation of other countries, either totally or partially. If the User resides or is domiciled elsewhere and decides to access and/or browse the Web Site, he/she shall do so under his/her own responsibility, and shall ensure that such access and browsing complies with the local legislation applicable to him/her, and FORMA MOBLES shall not be held liable for any consequences that may arise from such access.
III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND RESPONSIBILITY
FORMA MOBLES does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. FORMA MOBLES will do everything possible to ensure that the website functions correctly; however, it does not accept responsibility or guarantee that access to this website will not be uninterrupted or that it is free from error.
Nor does it take responsibility or guarantee that the content or software that can be accessed through this Website is free from error or causes damage to the User’s computer system (software and hardware). Under no circumstances shall FORMA MOBLES be responsible for any loss, damage or harm of any kind that may arise from accessing, browsing and using the website, including, but not limited to, those caused to computer systems or those caused by the introduction of a virus.
FORMA MOBLES is also not responsible for the damages that could be caused to the users by an inadequate use of this Web Site. In particular, it is not responsible in any way for falls, interruptions, lack or defect of telecommunications that may occur.
PRIVACY AND DATA PROTECTION POLICY
Laws incorporated in this privacy policy
This privacy policy is adapted to the Spanish and European regulations in force regarding the protection of personal data on the Internet. Specifically, it respects the following rules:
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GPRD)
Royal Decree-Law 5/2018, of 27 July, on urgent measures for the adaptation of Spanish law to European Union regulations on data protection.
Organic Law 15/1999, of 13 December, on the Protection of Personal Data (LOPD).
Royal Decree 1720/2007, of 21 December, which approves the Regulations implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).
Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).
Identity of the person responsible for processing the personal data
The person responsible for the processing of the personal data collected at FORMA MOBLES is: TREKGES, S. L., with NIF: B-03903499 and registered at Alicante Trade Register with the following registration data: Volume 2, sheet 34, whose representative is: Jose-Maria Valles Mengual (from now on, also the person responsible for the processing). Her contact details are as follows:
Address:
Avda. Mediterraneo 139
03725 TEULADA (Alicante)
Phone: 96 574 11 77
Email: info@formamobles.com
Registration of Personal Data
The personal data collected by FORMA MOBLES, through the forms provided in its pages, will be entered into an automated file under the responsibility of the Data Controller, and duly declared and registered in the General Registry of the Data Protection Agency, which can be consulted on the website of the Spanish Data Protection Agency (http://www.agpd.es), in order to facilitate, speed up and fulfil the commitments established between FORMA MOBLES and the User or the maintenance of the relationship established in the forms that the User fills in, or to attend to a request or consultation of the same.
Principles applicable to the processing of personal data
The processing of the User’s personal data will be subject to the following principles as set out in article 5 of the RGPD
Principle of legality, loyalty and transparency: the User’s consent will be required at all times, after being informed in a completely transparent manner of the purposes for which the personal data are collected.
Principle of purpose limitation: personal data will be collected for specific, 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 updated.
Principle of limitation of storage time: personal data will only be kept in such a way as to allow identification of the User for the time necessary for the purposes of processing.
Principle of integrity and confidentiality: personal data will be processed in such a way as to guarantee their security and confidentiality.
Principle of proactive responsibility: the data controller will be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed in FORMA MOBLES are only identifying data. In no case are special categories of personal data treated within the meaning of article 9 of the RGPD.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. FORMA MOBLES undertakes to obtain the User’s express and verifiable consent to the processing of his or her personal data for one or more specific purposes.
The User shall have the right to withdraw his/her consent at any time. Withdrawing consent will be as easy as giving it. As a general rule, withdrawal of consent shall not condition the use of the Website.
On the occasions when the User must or may provide his or her data through forms to make queries, request information or for reasons related to the content of the Website, he or she will be informed if the completion of any of these forms is compulsory due to the fact that they are essential for the correct development of the operation carried out.
Purposes of the processing for which the personal data are intended
Personal data are collected and managed by FORMA MOBLES in order to facilitate, speed up and fulfil the commitments established between the Web Site and the User or the maintenance of the relationship established in the forms that the latter fills in or to deal with a request or query.
Likewise, the data may be used for commercial purposes of personalisation, operational and statistical purposes, and activities related to the corporate purpose of FORMA MOBLES, as well as for the extraction and 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 when the personal data is obtained, the User will be informed of the specific purpose or purposes of the processing for which the personal data will be used; in other words, the use or uses that will be made of the information collected.
Personal data retention periods
Personal data will only be retained for the minimum time necessary for the purposes of processing and, in any case, only for the following period: 5 years, or until the User requests its deletion.
At the time when the personal data are obtained, the User will be informed about the period during which the personal data will be kept or, when 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 obtained, the User will be informed about the recipients or categories of recipients of the personal data.
Personal data of minors
In accordance with the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may give their consent to the processing of their personal data in a lawful manner by FORMA MOBLES. In the case of minors under 14 years of age, the consent of their parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorised it.
Secrecy and security of personal data
FORMA MOBLES undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of the personal data and to avoid the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised communication of or access to such data.
The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data are transmitted in a secure and confidential manner, as the transmission of data between the server and the User, and in feedback, is fully encrypted or unencrypted.
However, since FORMA MOBLES cannot guarantee the inexpugnability of the Internet or the total absence of hackers or others who access personal data in a fraudulent manner, the Data Controller undertakes to inform the User without undue delay when a violation of the security of personal data occurs that is likely to involve a high risk to the rights and freedoms of natural persons. In accordance with the provisions of article 4 of the RGPD, a violation of the security of personal data is understood to be any violation of security that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised communication of or access to such data.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform of and to ensure by means of a legal or contractual obligation that such confidentiality is respected by his employees, associates, and any person to whom he makes the information accessible.
Links to third party websites
The Web Site may include hyperlinks or links that allow access to third party web pages other than those of FORMA MOBLES, and which are therefore not operated by FORMA MOBLES. The owners of these websites will have their own data protection policies, and in each case they will be 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 his or her personal data is being processed, he or she shall be entitled to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State in which he or she has his or 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 (http://www.agpd.es).
Acceptance and changes to this privacy policy
It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as accepting the processing of their personal data so that the Controller can proceed in the same way, during the periods and for the purposes indicated. The use of the Web Site will imply the acceptance of the Privacy Policy of the same.
FORMA MOBLES reserves the right to modify its Privacy Policy, according to its own criteria, or due to a change in legislation, jurisprudence or doctrine of the Spanish Data Protection Agency. The changes or updates of this Privacy Policy will be explicitly notified to the User.
This Privacy Policy was updated on 14 December 2018 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data
COOKIES LAW
Cookies are automatic procedures for collecting information regarding the preferences determined by the User during his/her visit to the Web Site in order to recognise him/her as a User, and personalise his/her experience and use of the Web Site, and may also, for example, help identify and resolve errors.
Information collected through cookies may include the date and time of visits to the Web Site, the pages viewed, the time spent on the Web Site and the sites visited just before and just after the Web Site. However, no cookie allows the cookie to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to become part of the Cookie file is for the User to personally give that information to the server.
Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, the use of cookies requires the consent of the user. This consent will be communicated, based on an authentic choice, offered by means of an affirmative and positive decision, before the initial processing, which can be removed and documented.
Third-party cookies
Cookies are used and managed by external entities that provide FORMA MOBLES with services requested by the latter in order to improve the website and the user’s experience when browsing the website. The main objectives for which third party cookies are used are to obtain access statistics and to analyse navigation information, i.e. how the user interacts with the website.
The information obtained refers, for example, to the number of pages visited, the language, the place where the IP address from which the User accesses, the number of Users who access, the frequency and recurrence of visits, the time of visit, the browser used, the operator or type of device from which the visit is made. This information is used to improve the Website, and to detect new needs in order to offer Users optimum quality Content and/or service. In any case, the information is collected anonymously and Web Site trend reports are prepared without identifying individual users.
You can obtain more information about cookies, information about privacy, or consult the description of the type of cookie used, its main characteristics, expiry period, etc. at the following link(s):
The entity(ies) responsible for supplying cookies may pass on this information to third parties, provided that this is required by law or that a third party processes this information for these entities.
Social Networking Cookies
FORMA MOBLES incorporates social network plugins, which allow access to them from the Website. For this reason, social network cookies can be stored in the user’s browser. The owners of these social networks have their own data protection and cookie policies, and in each case they are responsible for their own files and their own privacy practices. Users should refer to these policies for information about these cookies and, where appropriate, the processing of their personal data. For information purposes only, the following links are provided to consult these privacy and/or cookie policies:
- Facebook: https://www.facebook.com/policies/cookies/
- Twitter: https://twitter.com/es/privacy
- Instagram: https://help.instagram.com/1896641480634370?ref=ig
- Google+: https://policies.google.com/technologies/cookies?hl=es
- Pinterest: https://policy.pinterest.com/es/privacy-policy
- LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies
Disabling, rejecting and deleting cookies
The User can disable, reject and delete the cookies – totally or partially – installed on his/her device through the configuration of his/her browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must refer to the instructions provided by the Internet browser he/she is using. In the event that you reject the use of cookies – totally or partially – you may continue to use the Web Site, although you may be limited in the use of some of its features.
Changes to Cookies Policy
The Website’s Cookie Policy may change or be updated, so it is recommended that the User reviews this policy each time he or she accesses the Website in order to be properly informed about how and what we use cookies for.
Last modified: 28 October 2020
