LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE
I. GENERAL INFORMATION
In compliance with the duty of information provided in Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information of this website is provided below:
The ownership of this website, tiendapadel5.com, (hereinafter Website) holds it: Prozerimar, cIF: ESB23553217, and registered in: Mercantile Registry of JAÉN with the following registry data: T 363, F 117, S 8, H J 13644, I/A 3 ( 4.04.12), whose representative is: Joaquín Ramírez Rodríguez, whose contact information is:
Address: Calle General Reding 21, 23620, Mengíbar, (Jaén)
Contact telephone number: 607 990 338
Contact email: padel5@tiendapadel5.com
II. GENERAL TERMS AND CONDITIONS OF USE
The object of the conditions: The Web Site
The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those online services or resources offered to Users (hereinafter, Services).
padel5 reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Web Site and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time Padel5 may interrupt, deactivate and/or cancel any of these elements that are integrated in the Website or access to them.
Access to the Web Site by the User is free and, as a general rule, is free of charge without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.
The User
The access, navigation and use of the Website, as well as the spaces provided for interaction between the Users, and the User and Padel5The User, as well as the comments and/or blogging spaces, confers the condition of User, and therefore accepts, from the moment he/she starts browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of compulsory compliance as the case may be. Given the relevance of the above, the User is recommended to read them each time he/she visits the Website.
The Padel5 Web Site provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
A use of the information, Contents and/or Services and data offered by Padel5 without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve damage to the rights of third parties or the operation of the Website.
The truthfulness and legality of the information provided by the User in the forms provided by Padel5 for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify to Padel5 about any event that allows the improper use of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.
Padel5 reserves the right to remove any comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that violate youth or childhood, order or public safety or that, in his opinion, are not suitable for publication.
In any case, Padel5 will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may be available.
The mere access to this Website does not imply any type of commercial relationship between Padel5 and the User.
The user declares to be of legal age and to have sufficient legal capacity to be bound by the present conditions. therefore, this Padel5 website is not directed to minors. Padel5 declines any responsibility for failure to comply with this requirement.
The Website is intended primarily for Users residing in Spain. padel5 makes no representation that the Website complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled in another place and decides to access and/or browse the Website, he/she will do so under his/her own responsibility, and must ensure that such access and browsing complies with the local legislation applicable to him/her, and does not assume any liability for the User’s actions. Padel5 any liability that may arise from such access.
III. ACCESS AND NAVIGATION ON THE WEB SITE: EXCLUSION OF WARRANTIES AND LIABILITY
Padel5 does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. Padel5 will make every effort to ensure the proper functioning of the Website, however, Padel5 is not responsible for and does not guarantee that access to this Website will be uninterrupted or error free.
Neither shall Padel5 be liable for any loss, damage or harm of any kind arising from accessing, browsing and using the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.
Padel5 is also not responsible for any damages that may be caused to users by improper use of this Website. In particular, it shall not be liable in any way whatsoever for telecommunications failures, interruptions, faults or defects that may occur.
IV. PRIVACY AND DATA PROTECTION POLICY
Padel5 undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.
Laws incorporated into this privacy policy
This privacy policy is adapted to the Spanish and European regulations in force regarding the protection of personal data on the Internet. Specifically, it complies with the following rules:
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).
Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
Royal Decree 1720/2007, of December 21, 2007, approving the Regulations for the development of Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data (RDLOPD).
Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE).
Identity of the person responsible for the processing of personal data
The person responsible for the processing of personal data collected at Padel5 is: Prozerimar, provided of CIF: ESB23553217 and registered in: Commercial Register of JAÉN with the following registry data: T 363, F 117, S 8, H J 13644, I/A 3 ( 4.04.12), whose representative is: Joaquín Ramírez Rodríguez (hereinafter, also Responsible for the treatment). Your contact information is as follows:
Address: Calle General Reding 21, 23620, Mengíbar, (Jaén)
Contact telephone number: 607990338
Contact email: padel5@tiendapadel5.com
Personal Data Registry
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal information collected by Padel5 by means of the forms extended in its pages will be incorporated and will be treated in our files in order to facilitate, expedite and comply with the commitments established between Padel5 and the User or the maintenance of the relationship established in the forms that the User fills out, or to respond to a request or inquiry from the User. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in Article 30.5 of the RGPD applies, a register of processing activities is kept which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD.
Principles applicable to the processing of personal data
The processing of the User’s personal data shall be subject to the following principles set forth in Article 5 of the RGPD:
Principle of lawfulness, fairness and transparency: the consent of the User will be required at all times after fully transparent information of the purposes for which personal data are collected.
- Purpose limitation principle: personal data will be collected for specified, explicit and legitimate purposes.
Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
Principle of accuracy: personal data must be accurate and always up to date.
Principle of limitation of the storage period: personal data will only be kept in such a way as to allow the identification of the User for the time necessary for the purposes of their processing.
Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
Principle of proactive responsibility: the Controller shall be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed by Padel5 are only identification data. In no case are special categories of personal data processed within the meaning of Article 9 of the GDPR.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. Padel5 undertakes to obtain the express and verifiable consent of the User for the processing of his personal data for one or more specific purposes.
The User shall have the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, withdrawal of consent will not condition the use of the Web Site.
In the occasions in which the User must or may provide his/her data through forms to make inquiries, request information or for reasons related to the content of the Website, he/she will be informed in case the completion of any of them is mandatory because they are essential for the proper development of the operation carried out.
Purposes of the processing for which the personal data is used
Personal data are collected and managed by Padel5 in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills out or to respond to a request or inquiry.
Likewise, the data may be used for commercial purposes of personalization, operational and statistical purposes, and for activities related to the corporate purpose of Padel5The use of the Web Site, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Web Site.
At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses to which the collected information will be put.
Retention periods of personal data
Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 1 month, or until the User requests their deletion.
At the time the personal data is obtained, the User will be informed about the period for which the personal data will be kept or, when this is not possible, the criteria used to determine this period.
Recipients of personal data
The User’s personal data will be shared with the following recipients or categories of recipients:
SiteGround Spain S.L. with registered office: Calle de Prim 19, 28004 Madrid, Spain.
Google Spain sl with registered office: PL. PABLO RUIZ PICASSO, 1 – TORRE PICASSO PLANTA. 28020, MADRID
In the event that the Controller intends to transfer personal data to a third country or international organization, at the time the personal data is obtained, the User will be informed about the third country or international organization to which the data is intended to be transferred, as well as the existence or absence of an adequacy decision of the Commission.
Personal data of minors
Respecting the provisions of Articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may give their consent to the processing of their personal data in a lawful manner by Padel5. In the case of a minor under 14 years of age, the consent of the parents or guardians is required for the processing, and the processing will only be considered lawful to the extent that the parents or guardians have authorized it.
Secrecy and security of personal data
Padel5 undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication of or access to such data.
The Web Site has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, is fully encrypted or encrypted.
However, because Padel5 cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a breach of security of personal data occurs that is likely to involve a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a breach of security of personal data is any breach of security that results in the accidental or unlawful destruction, loss or alteration of, or unauthorized access to or unauthorized communication or access to, personal data transmitted, stored or otherwise processed.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform and ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.
Rights deriving from the processing of personal data
The User has over Padel5 and may, therefore, exercise against the Data Controller the following rights recognized in the RGPD:
Right of access: The User’s right to obtain confirmation of whether or not Padel5 whether or not it is processing your personal data and, if so, to obtain information about your specific personal data and the processing that is being carried out by Padel5 The information provided by the company is not limited to the information available on the origin of such data and the recipients of the communications made or planned to be made of such data.
Right of rectification: This is the User’s right to have his or her personal data that proves to be inaccurate or, taking into account the purposes of the processing, incomplete, modified.
Right of deletion (“the right to be forgotten”): This is the User’s right, unless otherwise provided by law, to obtain the deletion of his or her personal data when such data is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other lawful basis; the User objects to the processing and there is no other legitimate reason to continue with the processing; the personal data have been processed unlawfully; the personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Controller, taking into account the technology available and the cost of implementation, shall take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for deletion of any link to such personal data.
Right to limitation of processing: This is the User’s right to limit the processing of his or her personal data. The User has the right to obtain the limitation of the processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
Right to data portability: In the event that the processing is carried out by automated means, the User shall have the right to receive from the Data Controller his/her personal data in a structured, commonly used and machine-readable format, and to transmit it to another Data Controller. Whenever technically possible, the Controller will transmit the data directly to that other Controller.
Right of opposition: This is the User’s right not to have his or her personal data processed or to cease the processing of such data by Padel5.
Right not to be not to be the subject of a decision based solely on treatment automated, including profilingThe right of the User not to be subject to an individualized decision based solely on the automated processing of his or her personal data, including profiling, unless otherwise provided for by law.
Thus, the User may exercise his/her rights by means of a written communication, specifying:
User’s name, surname and copy of ID card. In cases where representation is admitted, it will also be necessary to identify by the same means the person representing the User, as well as the document proving the representation. The photocopy of the ID card may be substituted by any other legally valid means that proves the identity.
Request with the specific reasons for the request or information to be accessed.
Address for notification purposes.
Date and signature of the applicant.
Any document that accredits the request you are making.
This application and any attachments may be sent to the following e-mail address:
E-mail: padel5@tiendapadel5.com
Links to third party websites
The Website may include hyperlinks or links that allow access to third party websites other than Padel5, and therefore are not operated by Padel5. The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.
Complaints to the supervisory authority
In the event that the User considers that there is a problem or infringement of the regulations in force in the way his personal data is being processed, he shall have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State in which he has his habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.agpd.es).
Acceptance and changes to this privacy policy
It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as that he/she accepts the processing of his/her personal data so that the Data Controller can proceed in the manner, during the periods and for the purposes indicated. The use of the Web Site will imply the acceptance of the Privacy Policy of the same.
Padel5 reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will be explicitly notified to the User.
This Privacy Policy was updated on DECEMBER 1, 2020 to adapt to 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) and to Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD).
V. COOKIE POLICY
Access to this Web Site may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User -in the different devices that may be used to navigate- so that the server remembers certain information that later and only the server that implemented it will read. Cookies make browsing easier, more user-friendly, and do not damage the browsing device.
Information collected through cookies may include the date and time of visits to the Web Site, the pages viewed, the time spent on the Web Site, and the sites visited just before and just after the Web Site. However, no cookie allows this cookie to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to be part of the Cookie file is for the User to personally give that information to the server.
Cookies that make it possible to identify an individual are considered personal data. Therefore, the aforementioned Privacy Policy shall apply to them. In this sense, the consent of the User will be necessary for the use of the same. This consent shall be communicated, on the basis of a genuine choice, offered by an affirmative and positive decision, prior to initial treatment, removable and documented.
Own Cookies
These are cookies that are sent to the User’s computer or device and managed exclusively by Padel5 for the better functioning of the Website. The information collected is used to improve the quality of the Web Site and its Content and your experience as a User. These cookies make it possible to recognize the User as a repeat visitor to the Website and to adapt the content to offer him/her content that matches his/her preferences.
The entity(ies) in charge of providing cookies may transfer this information to third parties, if required by law or if a third party processes this information for such entities.
Social media cookies
Padel5 incorporates plugins for social networks, which allow access to them from the Web Site. For this reason, social media cookies may be stored in the User’s browser. The owners of these social networks have their own data protection and cookie policies, being themselves, in each case, responsible for their own files and their own privacy practices. The User must refer to them to find out about these cookies and, where appropriate, the processing of personal data. The links to these privacy and/or cookie policies are provided below for information purposes only:
- Facebook: https://www.facebook.com/policies/cookies/
- Instagram: https://help.instagram.com/1896641480634370?ref=ig
Disabling, rejecting and deleting cookies
The User can disable, reject and delete cookies -totally or partially- installed on their device by configuring their browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser he/she is using. In the event that you reject the use of cookies – in whole or in part – you may continue to use the Web Site, although you may be limited in the use of some of its features.
Changes in the Cookies Policy
It is possible that the Cookies Policy of the Website may change or be updated, therefore it is recommended that the User reviews this policy each time he/she accesses the Website in order to be properly informed about how and for what purpose we use cookies.
To learn more about our cookie policy
click here
VI. LINK POLICY
It is informed that the Padel5 Website makes or may make available to Users means of linking (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.
The installation of these links, directories and search engines on the Web Site is intended to facilitate Users’ search for and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.
Padel5 does not itself or through third parties offer or market the products and/or services available on such linked sites.
Likewise, it does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.
Padel5 will in no case review or control the content of other websites, nor does it approve, examine or endorse the products and services, contents, files and any other material existing in the aforementioned linked sites.
Padel5 assumes no liability for any damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by Padel5 and which are linked to this Website.
The User or third party who makes a hyperlink from a web page of another, different, website to the Padel5 Website must know that:
The reproduction – in whole or in part – of any of the Contents and/or Services of the Website is not permitted without the express authorization of Padel5.
No false, inaccurate or incorrect statement about the Padel5 Website, nor about the Contents and/or Services of the same is permitted.
Except for the hyperlink, the website where the hyperlink is established shall not contain any element of this Website protected as intellectual property by the Spanish legal system, unless expressly authorized by Padel5.
The establishment of the hyperlink does not imply the existence of a relationship between Padel5 and the owner of the website from which it is made, nor the knowledge and acceptance by Padel5 of the contents, services and/or activities offered on said website, and vice versa.
VII. INTELLECTUAL AND INDUSTRIAL PROPERTY
Padel5 by itself or as an assignee, owns all intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are, therefore, works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and signed by Spain.
vAll rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of the following is expressly prohibited Padel5.
In the event that the User or third party considers that any of the Contents of the Web Site involves a violation of the rights of protection of intellectual property, he/she should immediately inform Padel5 through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.
VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION
Padel5 reserves the right to file civil or criminal actions it deems necessary for the improper use of the Website and Content, or for breach of these Conditions.
The relationship between the User and Padel5 shall be governed by the regulations in force and applicable in the Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their conflicts to the ordinary jurisdiction, submitting themselves to the judges and courts that correspond according to law.
In order to file claims in the use of our services, the customer can contact us by the means indicated in the “contact” section, committing ourselves to seek at all times an amicable solution to the conflict.
We also inform you that the European Commission provides an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr.
Last modification: December 1, 2020