1. USE, PURPOSE AND APPLICABLE LEGAL SYSTEM
The Platform is a mechanism for interaction, communication and support which GLOBCUST TRADING, S.L. makes available to Internet users in order to provide them with sufficient and appropriate legal information about its activities, products and goods in relation to its legitimate economic and business activities, which are governed by the applicable Spanish regulations, and in relation to:
• The basic provision of information society services, by Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.
• The processing of personal data, by the current Spanish and European regulations for the protection of personal data of natural persons. Specifically, Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 (hereinafter, the "RGPD"), in accordance with the provisions thereof.
In any case, the user undertakes to make appropriate and lawful use of the Platform as well as the content, products and goods disposed thereof, in accordance with the applicable legislation, at all times.
Likewise, the Platform user commits specifically to the following:
• Guarantee the authenticity, veracity, current relevance and accuracy of all data communicated to GLOBCUST TRADING, S.L., and the user being the sole party responsible otherwise.
• Use the Platform exclusively for the purposes and functions provided to that end by GLOBCUST TRADING, S.L., the functions being presented in the manner that they are provided by GLOBCUST TRADING, S.L., and the user being prohibited from using the Platform for any other purpose or means.
• Make legal and legitimate use of the Platform, avoiding unauthorised, fraudulent, illegal or illegitimate use thereof and/or the content and information provided through the Platform, and avoiding any breach of this policy and applicable regulations, or to damage the rights and legitimate interests of GLOBCUST TRADING, S.L., or any other third party that could be affected as a result of such action.
• Not to cause damage to the systems or elements associated with the Platform, its suppliers or third parties, or attempt to break the security or authentication measures thereof, or carry out any action resulting in the disproportional or unnecessary saturation of the infrastructure or the communications environment relating to the Platform, or attack it in any way. GLOBCUST TRADING, S.L. may adopt as many preventive or corrective measures as may be required to protect its interests in order to ensure the proper operation of the Web Platform and the specific functions provided for each case.
• Not to introduce or spread, through the Platform, any computer viruses or malware that might cause damage.
• Not to attempt to access, use and/or manipulate the data of GLOBCUST TRADING, S.L. or data under its management, or data of third-party providers and other users.
• Specifically, to provide an illustrative and non-exhaustive example, the user undertakes not to transmit, disseminate or provide to third parties, any information, data, content or messages which may constitute a breach of the rights of GLOBCUST TRADING, S.L. or of third parties.
• Access without authorisation or interaction using a false identity, whether or not this involves supplanting the identity of third parties, or using a profile or carrying out any other action that may cause confusion or mistakes regarding the correct identification of the relevant user.
This privacy and cookies policy is aimed at the users of the Platform regarding the processing of their personal data.
In any case, it highlights that this Platform is aimed at users of legal age, its use by minors being prohibited.
The information and personal data provided by the users that wish to use the Platform or register on it must be:
• Sufficient, albeit in line with, limited and in proportion with the lawful processing purposes informed by GLOBCUST TRADING, S.L., with the highest respect for the principles on limiting the purpose and minimisation of the personal data.
• Precise, up-to-date and true, with the purpose of appropriately verifying the identity, capacity and, where appropriate, representation of the user it concerns, as well as adjusting the processing of data that is made for specific needs and the actual situation of the users in each case. All of which with emphasis on the principle of accuracy of the personal data.
The users will be fully responsible for the correct use of their user accounts and the passwords associated to them. If the registered user believes that the security of their account and the associated passwords may have been compromised, they must get in contact with GLOBCUST TRADING, S.L. immediately, via the contact details provided at the beginning of this Policy and report the situation or the corresponding incident so that GLOBCUST TRADING, S.L. can adopt the respective appropriate action as soon as the user makes the notification. Any responsibility for the damage associated to an inappropriate use and personal management of the accounts and associated passwords will rest with the users who own these accounts, as a result completely absolving GLOBCUST TRADING, S.L.
3. RIGHT TO INFORMATION
In compliance with the current personal data protection legislation and specifically serving what is provided for in articles 12 to 14 of the GDPR, you are informed of what follows:
That the entity responsible for the data processing is GLOBCUST TRADING, S.L., with their registered address in C/ Felipe Sanclemente 15 bajo, 50001 Zaragoza (Spain) and with the contact email address for the purpose of this policy:firstname.lastname@example.org
• That the personal data that the users provide via the Platform will be specifically processed for the purpose stipulated in this privacy and cookies policy, and where appropriate, on the different data forms provided on the Platform. To that effect, data collection via the Platform serves the following processing purposes:
To enable the users to use the Platform, allowing access to the information and the content available there, including the information on promotional campaigns about GLOBCUST TRADING, S.L. products.
To serve the specific requests and petitions that the users could make in this context via the Platform, by relation the products available on it, or by relation to any other issue on the Platform contact form: as well as any query submitted directly via email email@example.com
To inform about all the changes, information, offers, discounts, advantages, promotions for GLOBCUST TRADING, S.L. products that could be of interest to the users.
To manage the user accounts registered on the Platform in a comprehensive way.
To process purchases and orders from the users, whether they are registered or not.
To adopt as many protection measures as applicable in accordance with current legislation, including potentially making their personal data anonymous, and for this, applying the appropriate techniques available for that purpose. As a result, in this context, users can be made anonymous or provided with a pseudonym to protect their personal data better, in line with what is provided for in the GDPR.
To apply the relevant security, technical and/or organisational measures to the users’ personal data which are convenient in view of the risks detected regarding their rights at all times by GLOBCUST TRADING, S.L. including personal data encoding and other measures that could include certain processing of the user data on the Platform for them to be protected in a better way.
In the event that you do not agree with such processing purposes, we urge you to leave our Platform immediately. Otherwise, for example, by accepting this policy, or simply to keep using the Platform, prior knowledge of the information contained in this policy, it shall be understood that the user fully accepts the previously notified processing purposes. To these effects, you must also be fully accepting of what is provided relating to consent and the users’ rights in this context.
• That the legitimate basis for processing is mainly user consent, so that once the user has been informed about this policy, if they accept it or just keep using the Platform, it shall be understood that they provide their clear consent for their data to be processed with the stated purposes. Consequently, if a user doesn’t agree with this policy or the stated processing purposes, as previously indicated, they are urged to stop using and leave the Platform immediately. In the event of users specifically contracting or requesting certain products via the Platform, the main basis for processing will be that relating to the necessary application of pre-contractual measures at the request of the interested party, when applicable, or that relating to the performance of a contract in the event that the user finally contracts the goods or products that correspond.
Finally, when the user makes a purchase via the Platform, they are informed that their personal data must be given to the collaborating logistics operator, except if the user has opted to collect the purchased product(s) from a store, with the purpose of being able to manage the actual delivery of the user’s purchase.
• That under article 30 of the Spanish Code of Commerce, in the event of the user being a client of GLOBCUST TRADING S.L. , when the relationship between the parties has finished, their personal data could be retained by GLOBCUST TRADING S.L. for a minimum of 6 years by application of article 30 of the Spanish Code of Commerce. When it is not a client, their user data will be retain for the time that is strictly necessary to grant them the appropriate use, access and enjoyment of the goods or products available via the Platform that they require or visit, all of which, in line with what is provided for in this privacy and cookies policy and the applicable legislation in each case, with it being able to be retained for a maximum of three years for the potential clearing of responsibilities arising out of data processing that corresponds, in line with the current regulations in this context.
• That they may exercise their rights of access, rectification, deletion, limitation of processing, data portability and opposition, by contacting the following email address in writing firstname.lastname@example.org with the Ref. “Exercise of Rights” with a copy of the national identity document or equivalent identification document (passport, NIE....). In the event of considering that their personal rights are not duly met, they may submit a complaint before the competent authority, in this case, the Spanish Data Protection Agency.
4. CONSENT FROM THE INTERESTED PARTY
By accepting this policy, the user grants their clear, free and informed consent for their personal data to be processed for the processing purposes.
The user will have the ability to choose the processing and destination of their data, according to specific interests and needs in each case, so that, when the processing is based on consent, they will have the right to withdraw it at any time, although this withdrawal will not affect the legality of previous processing by GLOBCUST TRADING S.L. in any way.
In any case, GLOBCUST TRADING S.L. could block the usage of the Platform and its services, content and functionalities if the user does not accept this policy, or does not provide consent for the processing of their personal information, in accordance with what is provided for in it.
The acceptance of this policy is independent from the potential acceptance of the specific legal terms and conditions that could govern the users’ contracting the goods and products available via the Platform.
GLOBCUST TRADING S.L. has adopted and applies the security levels that are required by the applicable legislation regarding personal data under its responsibility, according to the corresponding risk approach made, and aims to deploy and/or apply organisation or technical means and measures of additional protection for strengthening the general security of processing with personal data, systems, communications environment and corporate organisation, as well as to guarantee the adequate protection against unauthorised or illicit processing and against its loss, destruction or accidental damage (principle of integrity and confidentiality). However, the user must be aware that the security measures online are not, in any way, impenetrable and they respond to the state of the technique at all times and their cost of application.
To that effect, they will especially consider the application criteria and security measures and other security obligations associated to the GDPR, with special attention paid to what is provided for in article 32 of the GDPR.
6. OBLIGATION OF SECRECY AND CONFIDENTIALITY
GLOBCUST TRADING S.L. is committed to fulfilling with the obligation of secrecy and confidentiality regarding the information and personal data provided by the users on the Platform, and it is under its control and responsibility, in accordance with the applicable legislation and the risk approach that corresponds at all times.