Política de privacidad y Aviso legal

Privacy Policy

This Privacy Policy and Legal Notice are intended to inform about the treatment we make of the personal data of the people who visit our website, as well as the conditions of use of the same, all in compliance with the Organic Law 15/1999 on the Protection of Personal Data (“LOPD”), its implementing regulation Royal Decree 1720/2007 (“RD-LOPD”), as well as 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”).

1. Responsible for the data processing

Trade name: MISTER WILS
Address: Calle Fridex Cuatro, 2, 41500 Alcalá de Guadaíra (Spain)
Web: www.misterwils.com
E-mail: comercial@misterwils.com
Telephone: (+34) 955 51 40 01
Registry data: Seville Mercantile Register, Folio 209, Volume 3.605, Page SE-50.982

2. Origin, recipients and exclusion of processing of personal data

The origin of the personal data that we may process for the provision of services is presumed at all times to have been provided by the user who visits the website (hereinafter “The User”) through the various means provided, which may include identifying data such as name, email, etc., that the user may have provided. The user is solely responsible for the accuracy and updating of their data.

The recipients of the personal data we process are professionals who have a working relationship with us and / or third parties involved in the transport of our products.

We expressly exclude the processing of personal data of minors, unless expressly authorized by parents or legal guardians.

3. Purpose of the data processing

In compliance with current legislation and its implementing regulations, we inform you that the personal data and information you provide when completing any electronic form available on our website (hereinafter “the Portal”), will be incorporated into a personal data file owned by the responsible.

The purpose of the data processing is to process your request. The questions included in each available contact form are voluntary, except those mentioned as mandatory. If you do not answer the mandatory questions, we reserve the right not to process incomplete requests.

Specifically, the purpose of the processing of your data is as follows:

  1. Consultations, claims, requests and exercise of rights that assist users who visit the Portal.
  2. Management of purchase and sale of products through our website.
  3. Prevention of computer attacks on the website. We monitor and control the use of the Portal to prevent and detect fraudulent use of the Portal, unauthorized access, alteration or loss of information that may generate civil, criminal and / or administrative liabilities.
  4. Management of cookies of the Portal: the uses, purposes and management are purely statistical, for the proper functioning and visualization of the web.
4. Legitimation for data processing

The legitimacy for the treatment comes from:

  • The express consent by the user or customer.
  • By legal obligations.
5. Data retention time

We will keep your data for the time necessary for the attention of the request requested by users, or for the provision of services.

However, by law, if any of the user’s personal data is related to any of the following obligations, it will be retained for the period provided in the respective legislation to that effect:

  • 3 years: infringements in labor matters. (Art. 4.1 RDL 5/2000)
  • 4 years: Infringements in Social Security matters. (Art. 4.2 RDL 5/2000).
  • 4 years: Tax. Liquidate or demand payment of tax debts. (Art. 66 Law 58/2003)
  • 5 years: Infringements in matters of Occupational Risk Prevention. (Art. 4.3 RDL 5/2000)
  • 6 years: Accounting and commercial. 30 Code of Commerce
  • 10 years: Tax. Verification of bases or quotas compensated or pending compensation or deductions applied or pending application. (Art. 66 bis Law 58/2003)
  • 10 years: Crimes against the Public Treasury and Social Security. (131 LO 10/1995)
6. Communication or transfer of data to third parties

We will not transfer data to third parties, unless expressly required by public agencies under current legislation.

Any transfer to third parties of the personal data of the users of this Portal will be duly communicated to those affected, specifying the identity of the transferees and the purpose for which the data to be transferred will be processed.

7. Data origin and user consent

The users’ data come from the forms provided in the Portal which, once formalized and accepting the data processing consent boxes, are sent to our server in compliance with security protocols.

8. User rights

Current legislation on data protection allows users to exercise their rights of access, rectification, opposition, deletion (“right to be forgotten”), limitation of processing, portability and not to be subject to individualized decisions in the following terms:

Their exercise is free of charge.
If requests are manifestly unfounded or excessive, we may refuse to act or impose a fee for the service.
Requests will be answered within one month, although, taking into account the complexity and number of requests, the deadline may be extended for a further two months.
The means to exercise these rights are accessible and this right is not denied, even if made by other means.
If the request is submitted electronically, the information will be provided by electronic means whenever possible, unless the user requests otherwise.
If we do not act on your request, we will inform you, within one month at the latest, of the reasons for our failure to act and the possibility to complain to a supervisory authority.
The user may exercise his rights directly or through his legal representative or volunteer.
By virtue of contracts or legal act that binds the Data Controller and a third party in charge of the processing, the latter may be the one to deal with the request.
Right to withdraw consent at any time.

9. Exercise of user rights

We inform you that you may exercise the following rights:

Right of access to your personal data to obtain information about your personal data subject to processing.
Right to rectify any erroneous personal data and to modify data that is incomplete.
Right of cancellation, this allows you to delete your erroneous or excessive personal data.
Right of opposition, you can ask not to carry out or cease the processing of your personal data.
Right to request the limitation of the processing of your personal data, this entails the marking of the retained personal data, with the purpose of limiting their future processing.
Right to the portability of your personal data, the data processed will be provided to the user concerned, so that it can be transmitted to another responsible, without hindrance.
Right to revoke your consent at any time.

As a user, you may exercise your rights at any time and withdraw your consent. Withdrawal of consent will not affect the lawfulness of the processing carried out prior to the withdrawal of consent.

You can send a letter to MISTERWILS S.L, C/ Fridex Cuatro, 2, – 41500 Alcalá de Guadaíra (Spain) or through the e-mail address comercial@misterwils.com, providing us in both cases your name, surname, photocopy of your ID and the right/s you are exercising.

If you understand that we have breached any of the above provisions or any of the rights recognized to the user is prevented, the user can complain to the Spanish Data Protection Agency, by writing to the same in: C/ Jorge Juan, number 6, 28001 – Madrid. Or through the web: www.agpd.es

Legal Notice

10. Security Measures

We have adopted security measures appropriate to the nature of the data being processed at all times. However, technical security in a medium such as the Internet is not impregnable and there may be malicious actions of third parties, although the responsible puts all the means at its disposal to prevent such actions.

Likewise, we inform that the purchase processes through payment gateways on our website are carried out in a secure environment for the customer.

11. Legal information, conditions of access and use of this website

This section includes information on the conditions of access and use of this website that must be known by the user.

The present provisions regulate the use of the Internet portal service (hereinafter, the ‘Portal’) that we make available to Internet users.

Access to the website is free of charge except for the cost of connection through the telecommunications network provided by the access provider contracted by users. Certain services may be exclusive to our users and their access will be restricted.

The use of the Portal attributes the condition of user of the Portal (hereinafter, the ‘User’) and implies the acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time when the user is connected to the Portal or any of the services provided through it. Therefore, the user must carefully read this Legal Notice each time he/she intends to use the Portal, since the Portal and its conditions of use contained in this Legal Notice may undergo modifications.

Some Portal services accessible to Internet users in general, or exclusive to certain users, may be subject to special conditions, regulations and instructions that, where appropriate, replace, complete and / or modify this Legal Notice and must be accepted by the user before the provision of the corresponding service.

12. Intellectual and industrial property

All the contents of the Portal, understood by these merely by way of example, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the ‘Content’), are the intellectual property of the controller or third parties, without being transferred to the user any of the exploitation rights recognized by current legislation on intellectual property on them, except those that are strictly necessary for the use of the Portal.

The trademarks, trade names or logos are owned by the Owner or third parties, without it being understood that access to the Portal attributes any right over such trademarks, trade names and / or logos.

13. Website Terms of Use

13.1 General

The user agrees to make proper use of the Portal in accordance with the Law and this Legal Notice. The user will be liable to the Owner or third parties for any damages that may be caused as a result of breach of this obligation.

It is expressly forbidden to use the Portal for purposes harmful to property or our interests, or third parties or otherwise overload, damage or disable our networks, servers and other computer equipment (hardware) or computer products and applications (software) of the Holder or third parties.

13.2 Contents

The user agrees to use the Content in accordance with current legislation and this Legal Notice, as well as other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 12. By way of example only, the user, in accordance with current legislation, shall refrain from:

Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Content except as authorized by law or expressly consented to by the Owner or by whoever holds the ownership of the exploitation rights where appropriate.
Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as its public communication or making it available to third parties when these acts necessarily imply the reproduction by the user or a third party.
Extract and / or reuse all or a substantial part of the Content of the Portal, as well as the databases that the Owner makes available to users.

13.3 Data Collection Forms

Without prejudice to the provisions of this Privacy Policy and Legal Notice, the use of certain services or requests addressed to the Holder may be conditioned to the prior completion of the corresponding user registration.

All information provided by the user through the Portal forms for the above purposes or any other must be truthful. To this end, the user guarantees the authenticity of all data provided and will keep the information provided to the Owner perfectly updated so that it responds, at all times, to the actual situation of the user. In any case, the user shall be solely responsible for any false or inaccurate statements made and the damages caused to the Holder or third parties for the information provided.

13.4 Use of links to the portal and its pages

The Internet user who wants to enter links from their own web pages or social networks to the Portal or its indexed pages, must comply with the conditions detailed below without the ignorance of them avoid the responsibilities arising from the Law:

The link will only link to the home page of the Portal, but may not reproduce it in any way.
It shall be prohibited in any case, in accordance with the applicable legislation in force at any time, to establish frames or frames of any kind that surround the Portal or allow the display of the Contents through Internet addresses other than those of the Portal and, in any case, when they are displayed together with content outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in users about the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of the Holder; or (IV) in any other way is prohibited by current legislation.
No false, inaccurate or incorrect statement about the Holder, its partners, employees, users or about the quality of the services it provides shall be made from the page that introduces the link.
In no case shall be expressed on the page where the link is located that the Holder has consented to the insertion of the link or otherwise sponsors, collaborates, verifies or supervises the services of the sender.
It is forbidden to use any word mark, graphic or mixed or any other distinctive sign of the Holder within the page of the sender except as permitted by law or expressly authorized by the Holder and provided that it is allowed, in these cases, a direct link to the Portal in the manner set out in this clause.

The page that establishes the link must faithfully comply with the law and may not in any case provide or link to its own or third party content that: (I) are unlawful, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.); (II) induce or may induce in the user the false conception that the Holder subscribes, endorses, adheres to or in any way supports, ideas, statements or expressions, lawful or unlawful, of the sender; (III) are inappropriate or not relevant to the activity of the Holder in attention to the place, content and subject matter of the sender’s website.
Those links that are used from the Blog section of the Holder, if any, either through own websites, blogs, social networks or the like, may not be accompanied by libelous or discrediting expressions towards the author of the article.

14. Exclusion of liability

14.1 Information

Only the information provided on the Portal shall be considered official.

The information appearing on the Social Networks owned by the Holder if any (Facebook, Twitter, Google+, Pinterest, Linkedin, Youtube and similar) will only be informative, non-binding and any incomplete or different information from that contained in the Portal will not prevail over it.

Access to these Social Networks does not imply any obligation on the part of the Holder to verify the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it.

The Holder is not responsible for the decisions taken from the information provided on the Portal or Social Networks of its ownership, nor for any damages caused to the user or third parties as a result of actions that are based solely on the information obtained on the Portal.

14.2 Quality of service

Access to the Portal does not imply any obligation on the part of the Owner to control the absence of viruses, worms or any other harmful computer element. It is up to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.

The Holder is not responsible for any damage caused to the computer equipment of users or third parties during the provision of the Portal service.

14.3 Service availability

Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to the Holder. Therefore, the services provided through the Portal may be suspended, canceled or become inaccessible, prior to or simultaneously with the provision of the Portal service.

The Holder is not responsible for damages of any kind caused to the user that are caused by failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or prior to it.

14.4 Of the contents and services linked through the portal

In the event that the Portal includes technical linking devices, directories and even search tools that allow the User to access other pages and Internet portals (hereinafter ‘Linked Sites’), the Owner shall only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not disabled the link with due diligence. In the event that the user considers that there is a Linked Site with illegal or inappropriate content may notify the Owner by mail or email to the address indicated for that purpose in clause 1 of this Privacy Policy and Legal Notice, without in any case this communication entails the obligation to remove the link.

In any case, the existence of Linked Sites should not presuppose the existence of agreements with the responsible or owners thereof, nor the recommendation, promotion or identification of the Holder with the statements, content or services provided.

The Proprietor is not aware of the contents and services of the Linked Sites and therefore is not liable for damages caused by the unlawfulness, quality, outdatedness, unavailability, error and uselessness of the contents and / or services of the Linked Sites or any other damage that is not directly attributable to the Proprietor.

15. Communication of activities of an illegal and inappropriate nature.

In the event that the user or any other Internet user becomes aware that there are linked sites that refer to pages of the Holder whose content or services are illegal, harmful, degrading, violent or contrary to morality may contact the Holder indicating the following:

Personal data of the caller: name, address, telephone number and e-mail address;
Description of the facts that reveal the illicit or inappropriate nature of the Linked Site;
In the case of violation of rights, such as intellectual and industrial property, the personal data of the holder of the infringed right when it is a person other than the communicating party. Likewise, you must provide the title that accredits the legitimacy of the holder of the rights and, if applicable, the representation to act on behalf of the holder when it is a person other than the communicator;
Express declaration that the information contained in the claim is accurate.

It must also provide the title that proves the legitimacy of the holder of the rights and, where appropriate, that of representation to act on behalf of the holder when it is a person other than the communicating person; Express statement that the information contained in the claim is accurate.

The receipt by the Holder of the communication provided for in this clause shall not imply the effective knowledge of the activities and/or contents indicated by the communicating party.

16. Privacy Policy and Legal Notice Update

The Holder reserves the right to update this Privacy Policy and Legal Notice at any time, as well as to comply with possible legislative changes.

Whenever the policy is significantly modified, the Holder will make every reasonable effort to inform affected users. In any case, when their consent is required according to current legislation, the corresponding protocols for its collection will be enabled.

17. Technological failures

The Proprietor has foreseen all eventualities for the continuity of its Site and will make its best efforts to ensure that it does not suffer interruptions, but cannot guarantee the absence of technological failures, nor the permanent availability of the Site and the services contained therein and, consequently, assumes no liability for any damages that may be generated by the lack of availability and access failures caused by disconnections, breakdowns, overloads or network failures not attributable to the Proprietor.

18. Applicable Law and Jurisdiction

The applicable law in case of dispute or conflict of interpretation of the terms that make up this Privacy Policy and Legal Notice, as well as any matter related to the services of this Site, shall be Spanish law. For the resolution of any conflict that may arise on the occasion of the visit to the Site or the use of the services that may be offered therein, the courts of the consumer’s domicile shall have jurisdiction.

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