A) LEGAL NOTICE, USE POLICY AND PRIVACY POLICY FOR THE WEBSITE AND MOBILE APPLICATIONS
Legal warning
The owner and information service provider for the website with the URLs shown in the list below (hereinafter the Website) is the commercial entity NEINVER S.A. (hereinafter the Owner), CIF A-31038136, with registered office at C/Francisca Delgado no. 11, 5th floor, Arroyo de la Vega, Alcobendas, 28108, Madrid for notifications. Registered in the Madrid Mercantile Register, volume 5720, folio 210, section 8, and page M-93606.
Access to and use of the Website is free and requires knowledge and acceptance of the Use Policy and Privacy Policy and, where appropriate, for particular services or promotions or contests, also the acceptance of the respective Special Conditions or the Promotion’s or Contest’s Rules.
For any questions or contact, the user can contact the Owner using the following telephone number: +34 914 602 200 or email neinver@neinver.com
URL's List:
http://www.thestyleoutlets.com
http://coruna.thestyleoutlets.es
http://getafe.thestyleoutlets.es
http://las-rozas.thestyleoutlets.es
http://ss-de-los-reyes.thestyleoutlets.es
http://vicolungo.thestyleoutlets.it
http://castel-guelfo.thestyleoutlets.it
http://zweibrucken.thestyleoutlets.de
http://roppenheim.thestyleoutlets.fr
http://vila-do-conde.thestyleoutlets.pt
http://projects.thestyleoutlets.com
http://blog.thestyleoutlets.es
http://halle.leipzig.thestyleoutlets.de/
http://viladecans.thestyleoutlets.es
http://nomad.thestyleoutlets.es/es
Use Policy
A) General Conditions of Use
1. Object
The purpose of this Use Policy is to regulate the terms and conditions of access and use of the Website and mobile applications by the user, considering that the user has that condition, any person who accesses and views the content or services of the Website and mobile applications, and must be a physical person, an adult and not be incapacitated to accept and be bound by the terms and conditions of the website and mobile applications, and the Owner is not responsible for the actions of a minor or incapacitated individual.
The user condition is acquired by accessing and using the Website and mobile applications. The user will exclusively use the services and contents for private purposes or by reason of its legal relationship that binds the Owner, excluding any form of later use of the same for profit or report of any direct or indirect benefit.
Within the expression Website and mobile applications it is understood to include but not be limited by, data, text, graphics, images, animations, musical creations, videos, sounds, drawings, photographs and others included and in general, all creations expressed by any means or support, tangible or intangible whether they are capable or not of intellectual property under the Consolidated Intellectual Property Law.
Access to the Website and mobile applications implies that the user acquires a series of rights and obligations in order to ensure the proper enjoyment of the services and content found therein and that the Owner provides free access to the user.
The user is aware that the access and use of services and content of the website and mobile applications is at his sole responsibility.
2. Acceptance
Current Use Policy is explicitly and fully accepted by the user merely by accessing the website and mobile applications, viewing the contents or using the services contained on the website and mobile applications. If this Use Policy is replaced by another in whole or in part, it means that new policy is identically accepted to the one described. However, the user must access this Use Policy periodically for successive versions that are included here, although it is recommended that the user accesses the same, each time he intends to access or use the services and content of the Website and mobile applications.
If the user does not accept this Use Policy or, where appropriate, the specific conditions governing the use of a particular service or content for users and that the Owner determines, the user should abstain from accessing the Website and mobile applications.
Through access to the Website and mobile applications, the user can enjoy the use of different content and services that will be offered by the Owner or, where appropriate, by third-party suppliers under their specific conditions.
In general, the services and content offered through the website and mobile applications will be available in English, without prejudice to the possibility - if the Owner agrees - to offer the same in another official regional languages, as well as in another language in the European Union.
The Owner may modify unilaterally and without notice, the provision, configuration, content and services on the Website and mobile applications, as well as its general conditions of use and access to the services provided, without prejudice to the conditions regulating the private use of a particular service or content.
The cost of dial-up or other expense for the connection to access the website and mobile applications, will be borne exclusively by the user.
3. User rights and obligations
The user has:
· Free access, without prior authorisation, to the content and services of the website and mobile applications available as such, subject to the technical conditions or the need for prior registration concerning specific services and content as determined in this Use Policy.
· Use the services and content available for exclusively private use, subject to the provisions of these Terms of Use and, where appropriate, the specific conditions governing the use of a service or content on the website and mobile applications that the Owner determines.
· The user may download a single copy of the website and mobile applications for "off-line" viewing for personal and non-commercial usage.
· The right to correct and lawful use of the site in accordance with the current law, morals, good custom and public order.
Under no circumstances may the user:
· Access or use the services and content of the website and mobile applications for unlawful actions or actions contrary to current law, morals, good custom or public order, for injurious purposes of the rights and freedoms of others, or that likely harm, damage or impede in any way access to them, to the detriment of the Owner or third-parties.
· Use the services, wholly or in part, to promote, sell, contract, disclose or advertise third-party or proprietary information without the prior written consent of the Owner.
· Enter information on the website and mobile applications or use the existing services in the same manner to directly or indirectly infringe the rights - and especially fundamental rights and public freedoms - of other users of the Website and mobile applications or owner; that incite or promote criminal, xenophobic, terrorist or degrading acts based on age, sex, religion or belief, or pornographic, obscene, violent acts or acts that violate the law, morals or good custom. For this purpose, information is intended to include but not be limited by: text, graphics, images, videos, sounds, drawings, photographs, data, notes, and others.
· Include hyperlinks on their private or commercial Website that are not exclusively limited to accessing the home page of the same web pages.
· Use the services and content offered through the Website and mobile applications in any way contrary to these Terms of Use and, where appropriate, the specific conditions governing the use of a particular service or content and prejudice or impairment of the rights of other users.
· Take any action that prevents or hinders access to the Website and mobile applications by users, as well as hyperlinks to services and content offered by the Owner or by third-parties through the website and mobile applications.
· Use any kind of computer virus, code, software, computer program, computer or telecommunications equipment that may cause damage or change of unauthorised content, programs or systems accessible through the services and content provided on the Website and mobile application in the information systems, files and computers of users thereof or unauthorised access to any content or services on the Website and mobile applications.
· Eliminate or modify in any way the protection or identification devices of the Owner or their legitimate owners that may contain content hosted on the website and mobile applications, or symbols that the Owner or legitimate third-party owners of the rights may incorporate in their creations that are subject to current intellectual property on the Website or mobile applications.
· Include on websites under their responsibility or ownership "metatags" related to brands, trade names or distinctive signs that are the property of the Owner.
· Total or partially reproduce the Website in another website; it is not possible to make frames to the Website or websites accessible through it that hide or modify, in a delimited way, not restricted to content, advertising spaces and brands of the Owner or third-parties, whether or not they represent unfair or confusion acts of competition.
· Create frames within a website under their responsibility or ownership that copy the main page and/or pages accessible through it, corresponding to the Website without prior authorisation from the owner.
· Include in a website under their responsibility or property a hyperlink that generates a window or session in the navigation software used by a user’s website, where trademarks, trade names or logos of their property are included and through which the home Website is viewed or any of the pages accessible through the same website are viewed.
· Use the brand, trade names and any other identifying sign that are subject to intellectual or industrial property, without the prior written consent from the owner.
· Any action involving the reproduction, distribution, copying, rental, public communication, transformation or any other similar action that involves modifying or altering all or part of the content or services of the Website or the economic exploitation thereof, without the prior written consent from the Owner or the third-party owner of the intellectual property rights that cover the services or content of the Website and except as provided in this Use Policy and, where appropriate, in the specific conditions governing the use of a service or content on the Website and mobile applications that the Owner determines.
4. Rights and obligations of
The Owner reserves the following rights:
· To modify the conditions of access to the Website and mobile applications, technical or otherwise, unilaterally and without prior notice to users, without prejudice to the specific conditions governing the use of a particular service or content aimed at users of the website and mobile applications.
· To establish particular conditions and, where applicable, the requirement of a price or other requirement to access certain services or content.
· To limit, exclude or condition user access when not every guarantee of the correct use of the Website or mobile applications by users, according to the obligations and prohibitions accepted by them, has been met.
· To finish the provision of a service or supply of content, without compensation, if the latter is unlawful or contrary to the conditions set for them, without prejudice to the specific conditions governing the use of a particular service or content for users of the website and mobile applications.
· To modify, delete or update all or part of the content or services offered by the Owner, without notice, without prejudice to the provisions of this Use Policy and, if necessary, in the specific conditions governing the use of a service or content on the Website or mobile applications that the Owner determines.
· To undertake any legal or judicial action that may be appropriate for the protection of the rights of the Owner or third-parties who provide services or content through the website or mobile applications, whenever appropriate.
· To demand compensation that may arise from the improper or unlawful use of all or part of the services and content provided through the website and mobile applications.
5. Exempt and limitation of responsibility by the Owner
The Owner is exempt from any liability for damages of any nature in the following cases:
· Due to the impossibility or difficulties in connecting to the communications network through which this website is accessible and mobile applications, regardless of the type of connection used by the user.
· Due to the interruption, suspension or cancellation of access to the Website and mobile applications, as well as the availability and continuity of the site or the services and/or content therein, when it is due to a foreign issue, outside the scope of the Owner's control whether it is directly or indirectly related.
· By the availability and conditions, technical or otherwise, access to services and content are offered by third-party service providers, especially regarding the service providers of the information service provider. Providers of information service provider are intended as individuals or legal entities that provide the following services to the public: (I) transmission over a data communication network provided by a recipient of the service (Ii) providing access to said network (Iii) storage services or hosting services (iv) supply of content or information (v) temporary copy service of the data requested by users (vi) and provision of links to contents or search engines.
· For damages that may cause the information, content, products and services – including but not limited by - provided, communicated, hosted, transmitted, displayed or offered by third-parties outside the Owner - including service providers of the information service provider - via a website that can be accessed through a link on the website and mobile applications.
· For the treatment and subsequent use of personal data by third-parties of the Owner, and the relevance of the information requested by those third-parties.
· For the quality and speed of access to the Website and mobile applications and technical conditions to be met by the user in order to access the Website and mobile applications.
· By the delays or faults produced in access or performance of the services or content of the Website and mobile applications due to a case of force majeure. "Force majeure" will mean all those causes that could not be foreseen, or even if they were foreseen and inevitable, and which result in the breach of any of its obligations. Including, but not limited to, strikes, either by its own workers or foreign workers, insurrections or riots, and rules dictated by any civil or military authority, natural catastrophes such as earthquakes, floods, lightning or fires, wars, lockouts or any other situation of force majeure.
· The user of the website and mobile applications will be personally liable for damages of any nature directly or indirectly caused to the Owner as a result of a breach of any of the obligations under this Use Policy or other rules that govern the use of the website and mobile applications.
6. Intellectual property
The user knows that the content and services offered through the website and mobile applications, including text, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, all comments, exhibitions and HTML code thereof, without this list being restrictive, are protected by the laws of intellectual property. Copyright and economic exploitation of the Website and mobile applications belong exclusively to the Owner or third-parties.
The trademarks, trade names or logos appearing on the Website and mobile applications are owned by the Owner or, where appropriate, by third-parties, and are protected by applicable intellectual property laws.
Provision of services and publication of content via the website and mobile applications does not imply any assignment, resignation or transfer either wholly or in part of the ownership of the corresponding intellectual and industrial property by the Owner and/or legitimate third-party owners.
Under no circumstances may the user make use of or use the services and content on the website and mobile applications that is not exclusively for personal use, except for the exceptions identified in this Use Policy and, where appropriate, in the specific conditions that the owner may establish to regulate the use of a particular service or content offered through the website and mobile applications.
No part of this Website or the mobile applications may be reproduced, distributed, transmitted, copied, publicly communicated, transformed, in whole or in part by any system or manual, electronic or mechanical means (including photocopying, recording or any retrieval system and storage) through any media now known or invented in the future, without the consent for the use, in any form, wholly or in part of the content of the Website and mobile applications, subject to the need of prior authorisation from the Owner or third legitimate owners and acceptance of the licence, if any, except for the provisions on the rights of the user granted in this Use Policy or what may be thus determined by the particular conditions made by the Owner and established to regulate the use of a particular service or content offered through the website and mobile applications.
7. Hyperlinks
The use of hyperlinks to the website and mobile applications will be authorised by the Owner only by written permission and provided that the hyperlink is carried out as follows:
· The link will only allow access to the home page of this website and mobile applications.
· In order to avoid confusion, users are prohibited from loading any page belonging to the Website and mobile applications into one section of another web page divided into frames, so as to cause a distortion in the presentation of this Website inducing confusion in Internet users ("framing").
· Permission to insert a link does not imply, in any case, a consent to reproduce the visual and functional aspects ("look & feel") of this website and mobile applications.
· It also explicitly prohibits the creation of an environment or navigation toolbar on the pages that make up this website and mobile applications without prior approval.
· Aspect of the link: the hyperlink may only consist of text. A licence to use graphics or logos must be pre-emptively obtained from the respective owner. In any case, the text should state categorically that it links to the website and mobile applications. In general, the look, the visual effect, the location and, in general, the characteristics of the hyperlink must demonstrate that it leads to the website and mobile applications and that it is independent and is not bound by a relationship or partnership, association, sponsorship, employment or any other assistance to the web page containing the hyperlink.
· Any web page that contains a link to the Website and mobile applications will inevitably be bound by these Terms of Use, characterised as fair and lawful hyperlinks and complying with any applicable legal provisions and the requirements of morality and decency generally accepted.
· In particular, the authorisation for insertion of hyperlinks to this website and mobile applications will be conditional on the respect for dignity and human freedom. The website on which the hyperlink appears must not contain illegal information or content, or anything contrary to morals and good custom and public order, neither must it contain content that infringes the rights of others.
· Finally, it is prohibited to insert hyperlinks into the website and mobile applications on websites with content, references or orientation contrary to or incompatible with those of the website and mobile applications.
8. Protection of personal data
In the event that users must first provide the Owner personal data to use any service on the website and mobile applications, the Owner will carry out the processing of such data for the purposes and under the conditions defined in the Privacy Policy.
9. Duration and termination
Access, content and services offered through the Website and mobile applications have, in principle, an indefinite duration. However, the Owner is authorised to terminate or suspend access, services or content of the Website and mobile applications at any time, subject to the relevant provisions in this Use Policy and, where appropriate, the specific conditions governing the use of a particular service or content aimed at the users of the Website and mobile applications that the Owner determines. When reasonably possible, the Owner shall provide notice of the termination or suspension of the service of the Website and mobile applications, without prejudice to the continuation of the services provided by registered users subject to particular conditions.
10. Legislation
These Terms of Use are governed by the Spanish law.
11. Jurisdiction
The users, expressly waiving their own jurisdiction, agree to subject the resolution of any dispute arising from this Use Policy to the Courts and Tribunals of Madrid (Spain).
B) Special conditions of use
1. Object
These Special Conditions are intended to regulate the terms governing access to and use of the Website and mobile applications by the registered users in order to establish secure relationships with the Owner, acquiring the status of a registered user to complete and provide the personal data requested in the registration form on the website and mobile applications.
The registered user must be a natural person, of legal age and not incapacitated to accept and be legally bound by these Specific Conditions, being free to create an account on the Website and mobile applications.
2. Acceptance
The registered user accepts these Special Conditions of Use and the Terms of Use and the Privacy Policy from the time he registers on the Website and mobile applications by completing the appropriate registration forms and checking the boxes provided for this purpose in these forms designed to accept the Use Policy, Privacy Policy and the transfer of personal data by TheStyleOutlets to companies in the textile sector and catering group to receive by mail, email and other means of electronic communication, marketing communications about their products and services before clicking on the corresponding registration forms.
3. Registration
Registration is done by clicking on Register and completing the registration forms on the website and mobile applications.
In order to create an account at TheStyleOutlets, boxes provided for this purpose must be checked in the forms intended to indicate acceptance of the Use Policy, Privacy Policy and the transfer of personal data by TheStyleOutlets to companies within the group of the textile and restoration sectors to receive by mail, email and other means of electronic communication, marketing communications about their products and services before clicking on Register and accepting the session cookies used by the website to identify/authenticate the registered user.
After creating an account, registered users will receive, at the email address provided when registering, two emails: one as validation that the user has registered and asking the user to activate his account by pressing the "Activate your account" link; and another as confirmation that the user’s account is active.
The account created on the Website and mobile applications will not be active until the registered user finishes the registration process by clicking on the "Activate your account" indicated in the email by registered user members.
After registration, access or authentication to the Website and mobile applications will take place through the user’s email and password on the Authentication page.
When registering as a registered user, the user can receive information centres, brands, promotions, events, news and activities through email.
4. Rights and obligations of registered users
Once the account created on the Website and mobile applications is enabled for the registered user, he has free access to the content and services available to all registered users, without prejudice to the necessary technical conditions to identify/authenticate or access certain content or services.
The registered user must:
· Complete the registration forms on the Website and mobile applications providing personal information requested in the forms for the treatment of such data for the purposes and under the conditions as defined in the Privacy Policy of the Website and mobile applications.
· Fill in the registration form’s personal data corresponding to the user’s own identity and which must be adequate, relevant, timely, accurate and true, ensuring the authenticity of all data communicated to the use of the Website and mobile applications.
· Provide an email address that will be used as the username and select a password, which will allow direct access to the services and content as a registered user of the website and mobile applications.
· Keep the password personal and confidential and with due diligence to prevent third-parties from accessing the account on behalf of the registered user.
· Change the password periodically and at least annually.
· Notify the owner of the website and mobile applications should the password become known by a third-party.
· Keep all information and personal data provided on the website and mobile applications duly updated, so that they respond at all times to the current status of the registered user
5. Rights and responsibilities of the owner.
The Owner reserves the right to deactivate a registered user account at any time and without notice, in its sole discretion, inter alia, in the following circumstances: (i) where, at the time of registration, the user provided the Owner inaccurate, false or misleading information (ii) where a third-party has learnt the registered user’s password or access to the Website has been made by a third-party simultaneously to the account of the registered user and (iii) if the registered user has made a fraudulent or illegal use of the Website and mobile applications.
The Owner shall not be liable for access to the account on the Website and mobile applications by a third-party using the email address and password of a registered user, if the registered user has not protected the password and kept it confidential or has provided it to third-parties.
The Owner shall not be liable for the consequences to the registered user following misuse of the user’s account or for erroneous personal data, incomplete data, not current or inaccurate data entered into the account at the website and mobile applications.
6. Contact.
For inquiries, the registered user can contact the owner of the website and mobile applications using the following email contact: neinver@neinver.com or the telephone number: +37 490 912 200.
Use Policy
1. Object
The purpose of this Privacy Policy is to inform users of the website and mobile applications of the Owner, pursuant to the provisions of Law 15/1999, of December 13, Protection of Personal Data (hereinafter LOPD) and Royal Decree 1720/2007 of 21 December, approving the regulations implementing the Act (hereinafter RDLOPD) on the policy of collecting and processing personal data of those users who voluntarily use the telephone, mail and email to contact the Owner or make use of the services and content offered on the Website and mobile applications of the Owner.
For the purposes of this Privacy Policy, it will be understood as Personal Data any identifiable numerical, alphabetical, graphic, photographic, acoustic or any other type of data relating to an identified or identifiable person or individual user, any identified natural person or any personal data transmitted to the Owner by telephone, mail or email to contact the Owner or by using any of the services offered by the Owner on the website and mobile applications.
This Privacy Policy contains all aspects related to the processing of personal data, for which the Owner is responsible, necessary for the proper functioning of the website and mobile applications. If the user - after reading this Privacy Policy - continues to access the Website or use the services offered therein, he will be demonstrating his express acceptance of this Privacy Policy; otherwise, the user must leave the Website.
Also, please note that this Privacy Policy will be a subsidiary application to any other policy that it is established with special character and which thus informs the user, for example, through registration forms, competition or regulatory basis promotions and/or conditions of special services, leaving these policies as complementary to the previous ones that does not show contradiction.
Any processing of personal data derived from the use of the Website and services and content offered by the Owner on the Website, will be governed by current legislation in Spain concerning data protection, established by the LOPD and complementary and associated regulations.
2. Facts on under-age users
The user has been informed that if he is under 14 years of age, registration on the Website is prohibited because no personal data can be collected on children under 14 years old. Therefore, the user under 14 years old should not register or use the Website services and mobile applications, nor provide any personal information.
In the event that the user is over 14 years old and under 18 years old, he is advised to notify his parents or legal guardians before accessing and/or registering on the website and mobile applications, so that they can explain this Privacy Policy to the user and all other legal notices published.
3. Identification of the responsible of the file or Data Controller
The Data Controller of personal data that the user communicates to the Owner via the Website or mobile applications, is the commercial entity NEINVER S.A. domiciled at C/Francisca Delgado nº 11, 5th floor, Arroyo de la Vega, 28108 Alcobendas, Madrid
4. Purposes of processing personal data
The user accessing the Website or mobile applications is not required to provide personal information.
When the user establishes a relationship with the Owner, by sending a mail or email or by communicating with the Owner, and sending personal data, this entails providing their free, unequivocal, specific, informed consent and express consent to the processing of their personal data by the Owner in order to address and to respond to the communication received from the user. If the user does not consent to the collection and processing of their personal data for this purpose, the user must refrain from sending any mail, email or communicating their personal data to the Owner via the Website or mobile applications
The Owner shall not request sensitive information from users, meaning that, under Spanish law, any data related to race or ethnic origin, religious belief, criminal record, physical or mental health or sexual orientation. The collection and processing of this data requires the express consent of the user, so if the user voluntarily provides any sensitive information, the Owner will understand that the user is granting, expressly and unequivocally, consent to the processing of such data.
In order to provide the services offered on the Website and mobile applications, the licensee requests personal data from users through forms that include an informative communication to users about the limits required by the Data Protection Act, such as questions requiring a mandatory or optional answer, the consequences of obtaining the data or the refusal to supply the data, the purpose of the collection, the possible assignments to be carried out, and where appropriate, the Owner shall request the consent to the treatment of personal data performed.
Privacy Policy
This Privacy Policy will always be complementary and subsidiary in nature to those informative communications contained in the forms of the website and mobile applications that do not contradict it.
Therefore, the Owner understands that the user who completes any of the forms on the Website and mobile applications or uses its services and content, are consenting to the processing of personal data for the fulfillment of the purposes described in each of the informative communications contained in the forms, and the user must refrain from providing his personal data should he not want to provide his consent to this treatment.
Here the user is informed about the different purposes of processing the personal data provided to the Owner to use the Website and mobile applications or any services and content offered by the Owner:
a) Registration on the website and mobile applications
The Owner unifies the records of its website and mobile applications, meaning that there is a single record and all the personal data form part of a single database, regardless of the Website and mobile applications where the user is browsing or interacting.
This means that once the user has registered for the first time on the website and mobile applications belonging to the Owner, he thereafter may be identified ("when logging on") with his email address or mobile telephone number and password created on the website and mobile applications b the Owner posted online or published in the future.
Thus, with these passwords the user may participate in any service or content, contest or promotion that requires registration on the Website – The Style Outlets- and mobile applications.
The user can register on the website and mobile applications by completing the registration data or through his ID on social networks, as follows:
· Register on the website and mobile applications: To carry out the registration on the Website and mobile applications the user must provide the information that the Owner asks for in the registration forms posted on the website and mobile applications.
· Registration via Facebook: when the user logs into the Website and mobile applications through Facebook, the Owner will collect certain information supplied by Facebook, under the user authorisation, public profile and email. The Owner will never access or solicit Facebook user information on the user’s ideology, union membership, religion, beliefs, racial or ethnic origin, health or sexual life.
However, the user is informed that the collection and use of information that Facebook collects about the user is governed by their privacy policies and that the use by the Owner of information that Facebook supplies about the user is governed by this Privacy Policy.
The personal data of users who register on the website and mobile applications, either directly through the website and mobile applications or through his own profile in any social network – such as Facebook - enabled for registration on the Website and mobile applications will be stored in a database that is under the Owner's control and treated for the following purposes:
· Manage the registration and creation of a user account linked to the record which the user can access only through a password, as well as through his profile on the website and mobile applications.
· Allow user access to all content and services offered through the website and mobile applications to registered users or other related sites
· Customise and adapt the navigation services and products offered by the Owner to the tastes, preferences and habits of the user, according to the information in his profile on the website and mobile applications and, if applicable, his profile in a social network, and analysing the use that the user makes of the services of the Website and mobile applications.
· Enable participation of the user in activities and promotions organised by the Owner exclusively to users registered on the website and mobile application.
· Allow the participation of the user in forums and polls of the Website and mobile applications.
· Send, by mail, email and other electronic media, marketing communications relating to the Owner about textile and restoration activities, to the user depending on his product preferences and hobbies and activities organised by the Owner, in cases where the user has requested the Owner and/or expressly authorised this activity by checking the boxes provided for this purpose in the registration forms of the website and mobile applications.
. Send by mail, email and other electronic media, marketing communications on products and services of third parties related to the telecommunications, financial, leisure, training, automotive, energy & water, NGO and consumer goods sectors to users based on their preferences and hobbies, in cases where the user has expressly authorised this activity by checking the boxes provided for this purpose in the registration forms of the website and mobile applications.
b) Creating a user account
By registering on the website and mobile applications the user receives, at the email address provided when signing, a message with an identity authentication link through which he must activate the account created, confirming his identity by clicking an activation link.
If, within approximately 48 hours after receiving this email message, the user does not perform this account authentication, the personal data will be erased and therefore not stored in the files held by the Owner.
Once the user account is enabled, a user is created (i.e., a valid registration in the database) and therefore, the user can access, as a registered user, the website and mobile applications, using his password; that is, email address or phone number and password ("login").
c) Create a profile
Additionally, there are websites and/or mobile applications that allow the creation of a login associated to the USER, a profile that allows all users to know the user.
The user decides freely what information he wants to include in the Profile in different websites and/or mobile applications, taking into account those that can complete and may authorise or limit access to the user profile to other users or the public.
The username or nickname with which to publicise his profile can be chosen freely by the user. It can coincide (but it is not necessary) with his real name but we recommend using pseudonyms or names that does not unequivocally identify the user, since the internet is a publicly available global environment and may involve lack of control about which user information is published and distributed by the network. The name chosen by the user cannot be modified for that specific profile.
In addition, the user may voluntarily provide additional information and provide descriptive details of his life (data, hobbies, preferences, photos, etc.). The decision to provide such information is solely the user’s. However, it is recommended not to provide more information than is necessary in accordance with the purposes for which the user will use his profile. The consequences of providing additional information may, depending on the case, be negative, because the internet is not a fully secure communication medium.
The user is solely responsible for damage that might result from the voluntary publication of additional information on his profile.
In relation to personal data, photos, videos and information that the user posts through his profile or by creating content that is posted in his profile, it is informed that its property and ownership correspond exclusively to the user, so that the Owner only processes such information to properly develop the services on the Website and mobile applications. The rights of the Owner related to the information in the user's profile, will be extinguished when the user removes the content, following his exit or cancelling his account, unless the Owner is granted express authorization for a particular purpose. However, the Owner shall not be liable for the use that other third-party users, with access to the user's profile, make of the information or content that the user posts.
Although the user is the one who decides what information to make public in his profile and the comments and opinions to publish on profiles of third-party users and/or on third-parties, the Owner may control and moderate the information he posts and exchanges on the Website and mobile applications, which, at the least, must comply with the following principles by way of example but not limited to:
It is prohibited to post information or comments or suggestions that incite or promote violence, intolerance, racism, abuse, hatred, threats, physical or psychological harm, sexual harassment or any other kind or any other action contrary to the Law and against normal standards of morality.
· It is prohibited to post information or comments or suggestions that are false or misleading, hurtful, threatening, offensive, abusive, obscene, defamatory. The Website and mobile applications belonging to the Owner have systems that control and prevent posts of profanity.
· It is forbidden to use the information published by other users without respecting intellectual property rights, to make illegal copies or to use any other techniques not legally permitted. In any case, the express authorization of the legitimate Owner is required.
· It is forbidden to post information or provide comments and suggestions on behalf of third-parties, whether or not they are users of the Website and mobile applications, unless the user has explicitly consented to this. To this end, it is forbidden to impersonate any person, whether or not a user of the Website and mobile applications, using the user’s account, username, or password, nor can the user give his password to a third-party or permit a third person access to his user account posing as the user.
· The user can only publish information or images that they own and in any case the user is responsible for everything he publishes. When information or images published affect others, whether or not users of the Website and mobile applications, the user should have requested express approval thereof.
· In line with the above, according to the seventh article of Law 1/1982, of 5 May, Civil Protection of the Right to Honour, Personal and Family Privacy and Image, will be considered illegitimate interference and therefore the follow actions cannot be done by the user:
· The location anywhere of listening devices, film, optical devices or any other device suitable for recording or reproducing the intimate life of average people.
· The use of listening devices, optical devices, or any other means of gaining knowledge of the inner life of people or events or private letters not intended for anyone who uses such means and recording, record or playback.
· The disclosure of facts concerning the private life of a person or family that affect their reputation and good name, and the disclosure or publication of the content of letters, memoranda or other intimate personal writing.
· The disclosure of private data of a person or family known by a professional or through the official activity by whoever disclosed it.
· The recruitment, reproduction or publication photography, film, or otherwise, of the image of a person in places or moments of his private life, except in cases where expressly permitted by law.
· The use of the name, voice or image of a person for advertising, commercial or similar nature purposes.
· The imputation of facts or the expression of value judgements through actions or expressions which in any way impair the dignity of another person, undermining his reputation or attacking his own standing.
· It is forbidden to use personal information posted by users of the Website and mobile applications on his profile for advertising purpose, except when the user has previously obtained the consent of the data subjects.
· It is forbidden to cover or obscure the banner advertisements that the licensee publishes on his profile, the profile of other users or those of any of the Website and mobile applications.
The Owner shall not be responsible for the information the user publishes freely or reveals through his profile or the profile of users, both his own and that of third-parties, being the sole responsibility of the user, including the consequences of further use that might give the remaining users such information.
d) On your profile data when the user registers on the Website and mobile applications across social networks enabled the effect
When the user logs into the Website and mobile applications across enabled social networks, the Owner may publish his information, including his personal data, depending on the services used in the Website and mobile applications so that the information and personal data will or may be publicly available from other third-party users of the Website and mobile applications, such as the username, alias, photos, activity, subscriptions and relationships that follow the user, third-party applications that the user adds or uses and content from his user account published, upload and/or contributes to the Website and mobile applications. However, from the user profile, the user can configure what information he wants to publish in these cases.
From the Facebook profile, the user has control over Owner applications at all times and from there the user can view the permissions granted to the Owner mobile applications, the last time an application accessed information and the activity publishes the application on their behalf.
In the case of applications belonging to the Owner, nothing will be published on behalf of the user without his knowledge and permission.
The user can also delete/deactivate is Facebook profile Owner applications or any other third-party application that is no longer used or that he no longer wants to use.
If the user disables the Owner application from his profile on Facebook, he will be unable to provide to the Owner his user ID and can no longer register or access the Website and mobile applications using his Facebook user ID.
Also, in the event that the user had associated his Facebook account with his previous registration on the website and mobile applications of the Owner, in the case that Facebook disables permissions from the user profile, the user can only login with his registration credentials on the Website and mobile applications of the Owner.
e) Setting the privacy of the user profile
The user decides what information to share and with which users. The user is recommended to check both recipients of the information entered on his profile and the content of his publications.
So be aware of the importance of profile privacy settings by restricting access to other third-party users that the user knows or who want to share and exchange information of any kind.
The user must consider the following:
· Where appropriate to the creation of a profile by default, all the information entered on the profile will be communicated or given to other users of the site unless expressly limited by the privacy settings of the profile.
· All information published on the Profile or other user profile will be accessible by a friend’s Profile in each case where each user has accepted or is accepted as a friend.
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· So, by default, when users publish information on your Profile, this information is only visible to the user and friends of Your Profile until the moderation period is suspended, as explained below.
· Permits: on the user status, the user has the right to choose who can view his data (gender, age, city) and what kind of communications he wants to receive at his personal email address with which he registered. Regarding the privacy settings of the profile, the user has the right to choose what data may be visible to internet users that the user has not previously added as friends. In particular, the user may decide to make visible: date of birth, age, sex and place of residence. The remaining information cannot be shown to other users. Likewise the user is entitled to decide at any time whether to receive communication from the Owner at his personal email address with which he registered.
f) Participation in contests and promotions
By registering on the Website and mobile application, the user can participate in contests and promotions that the Owner publishes there.
The processing of personal data of the user derived from participation in contests and promotions will be duly detailed in the bases and related information, however by way of an example and not limiting the user that if you choose to participate in contests and promotions, their personal data will be treated in order to ensure their participation in each specific promotion or contest, which includes to check if their participation is consistent with the conditions, for eligibility to receive the prize promotion or contest, for the delivery or shipping of the prize and to publish their data as winners on the website and other media material.
From the moment the user decides to participate in a promotion or contest of the Website and mobile applications, the Owner may contact the user through registration data so that they can be properly updated.
Moreover, in the case of winning, data can be blocked without being modified until the receipt of the corresponding award. In this case, if the user has accepted or not to receive commercial communications about promotions, awards or otherwise in accordance with Law 34/2002, of July 11, of the services of the information service provider and electronic commerce (LSSICE ) can receive in his personal email and/or at his mobile telephone provided at the time of registration, a message in which the Owner may communicate his condition of winner, the prize won, the means to deliver/enjoy the prize and confirm the delivery process with the same user.
g) Moderation of the content of the profile
The publication of content and information and data by the user is subject to acceptance by the moderator of the website and mobile applications.
In the event that the information and content are not accepted by the moderator of the website and mobile applications, the user receives a communication notifying the rejection.
Should the content and information be accepted by the moderator of the website and mobile applications, it will be visible to all users meaning that such content and information, including personal data published will be accessible by an unlimited number of users from any country in the world.
h) Communications to the user
In order to ensure proper implementation of the legal relationship with the user, as a user of the Website and mobile applications, the Owner may send the user electronic communications, either to his email address or to a mobile telephone or to his own internal messaging website and mobile applications. These communications are not limited to (i) being necessary for activation of the user account (ii) a message of moderation (iii) password changes (iv) security of the Website and services (v) messages related to the development of a promotion or contest in which the user participates and (vi) other necessary measures to ensure the proper functioning and development of the website and mobile applications.
Also, if the user has agreed to receive commercial communications electronically, such as electronic mail or other means of electronic communication channel, this is understood to be all forms of communication to promote, directly or indirectly, the image or property or services of a company under the LSSICE, the user will receive such commercial communications t his email address indicated at the time of registration.
In each commercial communication sent, the user will be informed of the procedures required to object to the processing of their data for marketing purposes and to revoke consent that had been given.
Similarly, the user may receive in his internal messaging mailbox, when this service is available, communications by other users and friends of the Website and mobile applications, notices of the approval status of the content, friend requests and other events rated to his profile.
i) Report abuse
In the event that the user breaches any of his obligations under the Use Policy, in this Privacy Policy and in the manuals of the Website and mobile applications or if the Owner has reasonable suspicion that the user has breached anything or if a third-party or user of the website and mobile applications denounces such acts, the Owner may temporarily suspend the user’s account in order to investigate events, and to transfer knowledge to the competent public authorities, suspend the service and, where appropriate, cancel or terminate the user's account.
5. Follow us on social networks
Social networks are third-party service providers that allow users to participate in a virtual community with others through which they can generate their own public profile in which to create and share content, personal information and data with other network users.
In a social network where users can create an account or profile for personal purposes. The operation of the network is governed primarily by the conditions set by the Owner and/or network provider and secondly, when it comes to accounts or profiles for commercial purposes by the terms and conditions established by the official responsible for the profile or page or trading account.
The Owner has profiles on some social networks such as, but not limited to Youtube, Facebook, Twitter, Instagram, Pinterest, Google+. It is possible to become a fan of the Owner in the aforementioned social networks and the various social networks indicated through the Website.
The fact that the user follows the official pages of the Owner in those social networks where the Owner has a fan page or official website means that the user unconditionally accepts this Privacy Policy as following the Owner on social networks is a completely voluntary activity. If not the case, the user should not continue to follow the Owner in social networks and adhere to their official fan page or pages on social networks.
The Website and the official pages on social networks are aimed at user older than 18 years old, so if the user wants to be part of the official website and pages, he must be 18 years old and must carefully read the terms and policies posted on the social network.
The Owner is responsible for the administration of his site and the official pages on social networks and they are always the original official sites and pages and thus have been created by the Owner and the functioning of the social network itself allows the Owner such administration.
If the user is a follower of the Website and the official website of the Owner, the user must respect the specific conditions laid down and published on the official website or by the supplier and owner of the social network and published by the contractor. The fact of becoming a "friend" or "follower" of the official website and social media pages, implies that the user allows the treatment of his data as set out in the policies and conditions in each case governing their use as mentioned above.
To that end, the Owner will treat the information from friends or followers of the Website and official pages on social networks, in order to properly administer the Website or the official website, their opinions and/or comments as well as to inform and become a participant in the various events and shows that are performed by the Owner. It is still possible to post on the Website comments, information and other data that users post on the official pages on social networks.
Furthermore, the user is informed that, in relation to the processing of data and personal information posted in any of the official pages that can be accessed, communicated and shared with all users of the official website, with anyone with access to the internet whenever a search for information via browsers and data from the official website can be indexed.
The user is cautioned that social network platforms where the Owner has a presence are the owner of the social network so the Owner cannot establish security measures deemed necessary as this obligation is the responsibility of the owner of the social network.
The Owner shall not assume any responsibility for the treatment and subsequent use of personal data that could be made by both the supplier and owner of a social network as other users, for third-party service providers to information provider that could access such information because of the provision of services or carrying out his activity. The user should be aware that this information may have been published and disseminated by other users of the network in each case concerned, such treatment cannot be controlled by the Owner.
It is the user who decides what information to publish through his profile on our official pages on social networks and the comments and opinions issues by them, so we recommend not providing more information than is necessary according to the purposes for using the social networking service and more specifically our official pages.
The user must be aware of the responsibility assumed by spreading personal data of third-parties (including their picture) through the network without consent or in the case of minors, without the consent of their parents or guardians, since this may constitute a punishable civil or administrative offence.
In connection with the information and content that the user posts on the official website of the Owner in social networks, the user warrants: (i) he is the holder or the Owner of any other right that gives the Owner the licence to publish. (ii) he does not violate applicable laws such as those relating to the right to privacy, image and/or honour, data protection, intellectual or similar property or any right of a third-party, either a person or entity. (iIii) he indemnifies the Owner against any claim or complaint by a third-party in relation to any legitimate right to the content that is published on our site. (iv) he is solely responsible for the interactions with other users. The Owner has no control over his personal relationships.
It is forbidden for the user to constitute an infringement of Law 1/1982, of 5 May, Civil Protection of the Right to Honour, Personal and Family Privacy and Image: (i) The disclosure of facts concerning the private life of a person or family that affect their reputation and good name, and the disclosure or publication of content or intimate personal data. (ii) the disclosure of private information of an individual or family. (iii) The collection, reproduction or publication photography, film, or otherwise, of the image of a person in places or moments of his private life, except in cases in which expressly allowed by law (iv) The use of the name, voice or image of a person for advertising, commercial or similar nature without consent. (v) The imputation of facts or the expression of value judgements through actions or expressions which in any way impair the dignity of another person, undermining his reputation or attacking his own standing.
Also prohibited: (i) Using personal data published in the profile of users for advertising purposes unless consent was first obtained from such third-party users. (ii) contravening any of the standards set by the supplier and owner of the social network for users of the network.
In any case the user is informed that the Owner may remove from its website and official pages on social networks any information that is contrary to the rules contained in the terms and conditions of the provider or owner of the network or, in each case, particular conditions established by the Owner governing the official pages Website and against the provisions of law, morality and public order and/or against the legitimate rights of others.
Similarly, Owners or providers of social networks will remove content which, either automatically or following another user’s complaint, go against the rules and operational rules imposed by the vendor or Owner of each of the networks.
The Owner shall not be liable for any actions that may be unilaterally adopted by the supplier and/or owner of a social network as being responsible for it, exercising the rights it holds and/or in compliance with the obligations that the law imposes on those responsible and/or Owners of social networks.
In this sense, we inform the user that in the case where a user reports any abuse or denounces any action on this official page using the mechanisms the supplier and owner of the social network make available to users of its network, he will be solely responsible for managing and processing the complaint or report without prejudice to the Owner as head of an official page in the network, and he is obliged to cooperate with the supplier and owner of the same. However, the adoption of the measures shall be the exclusive provider and owner of the network not being responsible the Owner thereof or for any consequences arising thereof.
If the user wants to exercise his rights of access, rectification, cancellation and opposition regarding the data published in our official pages on social networks, he must consider that the licensee is limited to the permissions that the supplier and owner of the network grants when setting up an official page, so that it is possible that only the owner of the social network can guarantee the full exercise of these rights.
The user can stop following our website at any time. To do this, he simply has to follow the procedure the network has established for each case. The user can check his profile how to do that.
Furthermore, the user is informed that he can delete all the information and data published in its profile of our official website following the instructions for that purpose are indicated by the owner of each social network.
The Owner shall not be liable for any unofficial sites and webpages created by third-parties in the social networks or imitating his brand and image of the Owner.
The Owner reserves the right to create, edit, modify and/or remove sites and/or official pages without informing the user in advance.
For any questions regarding the data processing done on followers on the sites or the official website of the Owner in social networks, the user may contact the Owner through the addresses and telephone numbers in paragraph 16, Contact included in this Privacy Policy.
6. Identification of the target for which the Owner intends to carry out assignments or data communications
The user who registers on the Website and mobile applications, either directly by completing the registration form or by his profile of any social network – such as Facebook – is enabled to register on the website and mobile applications. Note that the Owner can carry out the transfer of personal data from the user to the group companies listed below and which belong to the textile and restoration sector to receive by mail, email and other means of electronic communication, marketing communications about products and services from these companies, the said transfer of data is required for the user who wants to register on the website and mobile applications character.
In this regard, the transferee company and target group of the personal data of users who register on the Website and mobile applications of the Owner are:
Neinver La Toja. Cl/ Francisca Delgado, 11 5ª Planta 28108 Alcobendas (Madrid) - España. ES B85385920
Neinver Polska Sp. z o.o.. Żelazna 28/30, 00-832 Warszawa (Poland). PL 5272310154
Neinver Italia spa. Piazza Santa Caterina 1 28060 Vicolungo (NO) - Italy. IT 13218740150
The Owner may transfer personal data to third parties belonging to the telecommunications, financial, leisure, training, automotive, energy & water, NGO and consumer goods sectors so said third parties can send to the user, by mail, email and other means of electronic communication, marketing communications about their products and services, in cases where the user has expressly authorised this activity by checking the boxes provided for this purpose in the forms of the website and mobile applications
The Owner is intended to carry out assignments or data communications as per article 11.2.c. of the Data Protection Act and must ensure he satisfies his obligations to the government in cases where it is required, in accordance with current legislation in each subject at all times and if necessary also to other bodies such as Judges, Prosecutors, Courts, Court Accounts or the Ombudsman.
7. Other recipients of information
The user is informed that the Owner is solely responsible and guarantees under this policy, confidentiality, security and treatment in respect of personal data collected through the website and mobile applications, having no responsibility for processing and subsequent use of personal data made by third-party service providers of the information service provider that may have access to such data due to the provision of services or carrying out his activity.
Third-party service providers of the information service provider will be understood to be without limitation, those individuals or legal entities that provide the following services: (i) transmission by a communication network of information provided by users of the service. (ii) access services to the aforementioned network. (iii) storage services or hosting. (iv) supply of content or information
In addition, the Owner shall not be liable for personal data processing carried out by third-parties creating hyperlinks with the Owner, nor for those who, through the hyperlinks with the Owner, are directed to the users of the Website and mobile applications.
8. Suspension of user profile
The Owner may exercise the right to temporarily suspend/block or delete the user’s account on the Website and mobile applications unilaterally and without prior notice to the user when:
· The Owner has a reasonable suspicion that the user is committing an unlawful act or an act that is contrary to the law, morality or policies in place to regulate the use of the Website and mobile applications.
· When a third-party or user of the website and mobile applications reports a fact committed by the same.
· When any public institution, authority or public body formally requests from the Owner information concerning the user of the Website and mobile applications and/or the suspension or deactivation of the account.
Also, the Owner reserves the right to block the user's account in order to prevent content being changed or published in his Profile, remaining at the disposal of the Supervisory Authorities, judges and courts during the established time limits.
9. Quality of the info
The Owner warns the user that the existence of a legally constituted representation, no user can use the identity of another person and disclose their personal data, so that the user, at all times must keep in mind that if he uses email, he can only include personal data related to his own identity which is adequate, relevant, timely, accurate and true.
To this end, the user will be the solely responsible for any damage direct and/or indirect, or that cause to third-parties or to the Owner for the use of data from another person or his own personal data when they are false, misleading, not updated, inadequate or irrelevant.
Similarly, the user who uses the personal data of a third-party, will be to respond to that third-party, according to the obligations under the Article of the Spanish Data Protection Law (LOPD) when the personal data has not been obtained from the concerned person, and/or the consequences of failing to have informed him.
10. Data update
The user is the only source of information for his personal data, so the user is required to keep their data current and updated at all times, in accordance with the principles of the Data Protection Act and to inform the Owner at the address indicated when exercising rights of access, rectification, cancellation and opposition, any variation thereof.
11. Exercising the rights of opposition, access, rectification and cancellation
Users may, at any time, exercise their rights of access, rectification, cancellation and opposition by written request addressed to NEINVER S.A. at the following address: C / Francisca Delgado nº 11, 5th floor, Arroyo de la Vega, 28108 Alcobendas, Madrid.They can also exercise the rights previously described through their respective The Style Outlets websites private areas.
Exercising any of these rights is very personal so along with a written request stating the right the user wishes to exercise, he must send a photocopy of both sides of his ID or a valid equivalent document proving his identity.
12. Exercising the rights of opposition and revocation of consent to receive commercial communications by electronic means
It accordance with the LSSICE, the user is informed that he is entitled to oppose the use of his data for promotional activities, for commercial and advertising communications purposes, and may, at any time, revoke any consent given thereto, in either case (opposition and revocation) with a simple notification of his will to the Owner. To do this, the user can request the cancellation commercial communications by emailing: neinver@neinver.com, with the subject line Cancellation.
In addition, the user can directly rectify, by "Edit info", some data and request removal of receiving commercial communications by email.
13. Security and confidentiality measures
The Owner informs the users that, in accordance with the provisions of the Data Protection Act and RDLOPD, it has adopted the necessary technical and organisational measures to ensure the security of personal data and prevent alteration, loss, or unauthorised access, given the state of technology, the nature of the data stored and the risks they are exposed to, whether from human action or a physical or natural environment and only records personal data in files that meet the conditions specified in Regulation regarding integrity and security and processing centres, premises, equipment, systems and programs. Similarly, the Owner assures the users of the duty of professional secrecy regarding the personal data of users and the duty to protect them.
14. User recommendations
Users are reminded that the internet is not secure. However, there are different means of enhancing the protection of navigation which the Owner recommends the users develop:
· Use the latest versions of software for internet browsing through the inclusion of higher security measures.
· Use security mechanisms available (secure web servers, cryptography, digital signatures, firewalls, etc.) to protect the confidentiality and integrity of personal data to the extent they necessary, as there are risks of impersonation or violation of communication.
· Use whatever means are available to users to protect their personal data and communications, such as legally available encryption for confidential emails and access codes to PCs.
· Keep in mind that whenever users provide personal information online through emails, newsgroups, forums, etc., this information may be collected and processed by users, so the licensee recommends that users check the privacy policies and privacy of the online sites they visit.
15. Updating policies
The Owner occasionally updates this Privacy Policy. Any changes to this policy will be posted and advised on the Website and mobile applications and in the policy, considering that the processing of personal data is governed - in cases where communicated to the Owner - by the norms established at the time that the data were provided. If anything is the user’s responsibility to periodically access the Privacy Policy published on the website and mobile applications to understand the latest version.
The Owner informs the user that, if after reading this policy, he continues to use the Website and mobile applications, he will be demonstrating his express acceptance of this Privacy Policy. Otherwise, the user should leave the Website and mobile applications
16. Contact
The Owner would like to receive any comments the user wishes to provide in relation to this Privacy Policy. For any queries regarding the same, the user can contact the Owner via the following address: NEINVER S.A., C/ Francisca Delgado nº 11, 5ª planta, Arroyo de la Vega, Alcobendas, 28108 Madrid; email: neinver@neinver.com or by telephone: +34 914 902 200.
