Legal notice
«CELLX ONE, S.L.»
IDENTITY OF THE WEBSITE OWNER
Name: CELLX ONE, S.L. (hereinafter, "CellXone")
Tax Identification Number (NIF): B–23971476
Address: c/ Santa Barbara 8 – 1, Sa Cabaneta, Postal Code 07141, Marratxi (Balearic Islands)
Domain: www.cellxone.com
Contact Email: info@cellxone.com
1. TERMS AND CONDITIONS OF USE
1.1. The use of this website attributes the condition of USER (hereinafter, the "USER") to anyone who accesses it, whether a natural or legal person, which implies full acceptance of the general terms and conditions of this LEGAL NOTICE, in the version published at the time of access to said web page and/or domain.
1.2. The USER is recommended to carefully read the LEGAL NOTICE before using the services and content offered. Access to and/or use of certain services may be subject to specific conditions that, depending on the case, replace, complement or modify these conditions.
1.3. In case of non-acceptance of the conditions of use, the USER must refrain from accessing or using the services and content of this website.
1.4. The website owner reserves the right to modify, update or delete, at any time and without prior notice, the contents, services or information on the website, as well as to limit or cancel the applicable terms and conditions.
1.5. The content of this website is protected by current legislation regarding intellectual and industrial property at all times.
1.6. The website, including –by way of example, but not limited to– its programming, design, compilation, logos, texts, graphics and other elements necessary for its operation, is the property of the website owner and/or has the necessary licenses and authorizations for its use.
1.7. Any total or partial reproduction, distribution, public communication, transformation or exploitation of the website contents, whatever its purpose, requires prior, express and written authorization from the owner.
1.8. The infringement of the aforementioned rights may constitute a violation of current regulations, and, where applicable, in a particular manner, could constitute an offense under Articles 270 et seq. of the Spanish Criminal Code.
1.9. Logos, trademarks or distinctive signs of third parties that may appear on the website belong to their respective owners, who are responsible for any possible controversy that may arise regarding them.
1.10. Claims related to potential infringements of intellectual or industrial property rights must be sent to the email address: info@cellxone.com.
1.11. Access to the website is free and open to everyone.
1.12. Personal data that the USER may provide will be processed in accordance with the provisions of the PRIVACY POLICY, also accessible in the LEGAL NOTICE of our website and in accordance with current regulations on personal data protection.
1.13. The USER undertakes to use the website, its contents and services in accordance with applicable law, good faith, accepted customs and public order.
1.14. In particular, the USER undertakes not to carry out the following actions:
1.14.1. Use the website for unlawful purposes or contrary to these conditions, which damage the rights or interests of third parties, or that may damage, disable or deteriorate the site or its services.
1.14.2. Destroy, alter or damage data, programs or electronic documents on the website or belonging to third parties.
1.14.3. Introduce programs, viruses, macros or any other logical device or sequence of characters that may cause alterations in the computer systems of the owner or third parties.
1.14.4. Make unauthorized use of information, images, recordings, texts, graphics or other content accessible through the website.
1.14.5. Disseminate content or comments that are discriminatory, defamatory, violent or contrary to fundamental rights.
1.15. The website owner may deny or withdraw access to the site and/or its services at any time and without prior notice to any USER who breaches these conditions.
1.16. The website owner shall not be liable, directly or secondarily, for the following scenarios:
1.16.1. The quality, speed, availability or continuity of the operation of the website.
1.16.2. Service interruptions, errors or malfunctions of the site caused by reasons beyond the control of the owner (including force majeure or actions by the USER).
1.16.3. Damages of any nature that may arise from the presence of viruses or other harmful elements in the USER's systems or equipment as a result of accessing or using the site.
1.16.4. Content, opinions or information from third parties, as well as damages that may arise from accessing external links or web pages.
1.16.5. Non-compliance with the law, morality or public order resulting from the misuse of the site or its contents by the USER.
1.17. The owner may temporarily suspend the website services to perform maintenance, improvement or repair work, without generating any right to compensation for the USER.
2. PRIVACY POLICY
2.1. Our PRIVACY POLICY applies to the processing by CELLXONE of personal data of any USER, our suppliers, partners and/or related third parties.
2.2. At CELLXONE, we consider "personal data" to be any type of information that, by itself or in combination with other information, identifies or allows the identification of individual persons. Information such as, for example, first name, last name, postal address, email address or telephone number, among others.
2.3. Based on the principle of data minimization, the data we collect from CELLXONE for subsequent processing will always respond to criteria of adequacy, relevance and limitation, so that its use is strictly necessary for the purposes for which it was collected and processed, and always respecting the will of the USER.
2.4. Data that may be processed by CELLXONE will be classified into the following categories:
2.4.1. USER Data: it is the set of information composed of contact details (such as first and last name), age, payment behavior, as well as any type of information collected, where applicable, through CELLXONE's customer service and inquiry channels (for example, claims or inquiries related to them), including data obtained through visits to CELLXONE's websites, as well as USER interactions with CELLXONE, whether by telephone (in which case calls may be recorded), through its social networks (via USER comments on official CELLXONE profiles and/or USER participation in raffles, promotions and other promotional actions developed by CELLXONE) or other official applications or media.
2.4.2. CELLXONE Products or Services Data: type of CELLXONE products or services that have been contracted by the USER through its website, by telephone or through any other official means (physical or virtual) enabled for this purpose.
2.4.3. Web Visit Data: public IP address data for each connection made by the USER, including date and time of connection, DNS query, web pages consulted or applications used by the USER for access, USER behavior on the website (for the purpose of correcting online development errors and enabling more appropriate and comfortable navigation for the USER), time spent navigating it, as well as data relating to devices and browsers used by the USER.
2.5. Thus, at CELLXONE we inform that contracting its products and services may involve the processing of other categories of data not included in this list. In such case, the USER will have the right to be informed in the specific privacy conditions for each affected product or service, and their consent will be collected, if necessary, in accordance with applicable regulations.
2.6. Furthermore, CELLXONE informs that when acquiring or consulting any of its services or products, the USER will have the option to subscribe to periodic communications and/or newsletters (sent electronically and/or in writing, among others) regarding CELLXONE's services and/or products and third parties with whom the latter collaborates. Subscription will be voluntary and the USER may unsubscribe at any time without needing to justify their decision. In this way, through said voluntary subscription, CELLXONE may collect and process the USER data described above for commercial promotion purposes of own products/services and/or third-party products in collaboration with CELLXONE.
2.7. Likewise, from CELLXONE we inform that processed data may be anonymized complying with all guarantees established by applicable legislation, as well as other permitted measures. In this regard, note that personal data protection principles do not apply to information provided anonymously (such as, for example, information provided in valuation surveys, comments, etc.).
2.8. The entity directly responsible for processing personal data collected and processed will be CELLX ONE, S.L., registered office at calle Santa Barbara 8 – 1, Sa Cabaneta, Postal Code 07141, Marratxi (Balearic Islands), with Tax Identification Number (NIF) B–23971476, owner and administrator of the domain name www.cellxone.com. To contact CELLXONE, you can do so through the following email address: datos@cellxone.com.
2.9. To comply with applicable legislation, it may be necessary to communicate personal data of our USERS to public institutions or other control authorities as a result of legal obligations of CELLXONE. Likewise, third parties may also have access to USER personal data under the terms set forth in this PRIVACY POLICY.
2.10. CELLXONE will process USER personal data for internal management, centralizing data processing for efficient management. Where appropriate, control, management and data use policies will be implemented for internal processes regarding clients, suppliers and commercial partners, as well as for performing specific tasks.
2.11. CELLXONE is especially committed to the privacy of USERS in general, and its customers in particular. For this reason, any data collected by CELLXONE through its website will only be used for the purpose requested by the USER and provided for in this PRIVACY POLICY. Thus, unless express consent is given, the USER will not receive commercial communications from CELLXONE or third parties, and their data will not be transferred to third-party companies at any time.
2.12. At CELLXONE we collect and process USER data so that the provision of our services and sale of our products are as transparent, efficient, complete and confidential as possible, but above all, so that USER experience remains completely satisfactory. Therefore, and to achieve other permitted and authorized purposes under the terms informed in this PRIVACY POLICY, the reasons why CELLXONE collects and processes USER data include, among others, the following:
2.12.1. To establish a direct communication channel with the USER to inform about different matters (among others, for example, new products, special offers or, where appropriate, communication of incidents and/or related issues).
2.12.2. If subscribed to our communications and/or newsletters, for the purpose of keeping USERS informed at all times about our products and services, as well as holding raffles.
2.12.3. Through information collected from USER personal data, CELLXONE can design future campaigns and projects to faithfully satisfy the specific needs of each USER.
2.12.4. Improve technical and commercial service quality, as well as verify USER satisfaction, through electronic channels or by recording USER calls to customer service numbers enabled for this purpose, or calls made from CELLXONE or any company authorized by it.
2.12.5. Preparation of statistics, surveys or market studies aimed at evaluating the quality of the product or service provided by CELLXONE, as well as decision-making regarding USER experience.
2.12.6. Maintain the security of electronic communications networks and services, detect technical failures or errors in the transmission of electronic communications, as well as any processing necessary for proper service provision by CELLXONE through its different channels (physical or electronic).
2.12.7. Detect or prevent abusive or fraudulent use of services.
2.12.8. Any other purpose that is mandatory and necessary in accordance with applicable legal provisions.
2.13. Additionally, during the term of the relationship established between CELLXONE and the USER, other data may be incorporated for these or other purposes, in which case the USER will be duly informed at the time of collection (for example, through different commercial service channels, physically, online, or in forms filled out on the website).
2.14. CELLXONE is not responsible for the use of false, inaccurate, incomplete or non-updated data provided by the USER.
2.15. The USER guarantees both to CELLXONE and to third parties the quality of the information provided. That is, data and information provided are real, truthful, updated and belong to the USER and not to third parties. Therefore, by sending personal data to CELLXONE, the USER guarantees and accepts responsibility, both to CELLXONE and to third-party collaborators of CELLXONE, that such data is true and complies with said principle of quality and truthfulness. In any case, providing false or outdated data is prohibited.
2.16. Where applicable, the USER must always identify themselves with their personal email address and with truthful and current data.
2.17. CELLXONE informs the USER that, in compliance with the principle of storage period limitation, collected data will be processed solely and exclusively for the time necessary and for the purposes for which it was collected at any given time. Data will be maintained in a manner that permits identification of data subjects for no longer than necessary for the purposes of personal data processing.
2.18. Thus, CELLXONE has established the following retention periods, which will depend on the type of USER data and will apply unless a different one has been specified in this privacy policy or in the terms of provision of products and services that CELLXONE may offer:
2.18.1. Customer data: data will be kept during the term of the contractual relationship plus a maximum additional period of four (4) years after contract termination, in application of the Civil Code and corresponding tax regulations.
2.18.2. USER data: data will be kept for twelve (12) months, unless it is information necessary to provide services requested by the USER themselves, such as subscriptions to periodic communications or newsletters (in which case, data will be kept indefinitely until the USER requests voluntary unsubscription from the service).
2.18.3. Data on potential products or services provided by CELLXONE and its collaborators: data will be kept during the term of the relationship established between CELLXONE and the USER plus a maximum additional period of four (4) years after termination of said relationship, in application of the Civil Code and corresponding tax regulations.
2.18.4. Traffic, web visit and location data: data will be kept for twelve (12) months.
2.19. We inform you that data provided to CELLXONE will generally not be transferred to other persons or companies to be used for their own purposes.
2.20. Notwithstanding the foregoing, as a consequence of products and services provided by CELLXONE and agreements it may have with collaborating business partners, third parties linked to CELLXONE activities may have access to USER personal data (for example, among others, business partners creating products in collaboration with CELLXONE, insurance companies, IT technical suppliers, marketing and digital agencies, authorized representatives, anti-fraud agencies and offices, regulatory authorities, government agencies and control authorities, among others).
2.21. Third-party access to USER personal data due to connection with CELLXONE is regulated by agreements executed to govern conditions under which access and processing of USER personal data will take place, ensuring data is processed with the sole and exclusive purpose indicated by CELLXONE. In this way, subject third parties may act as data processors and will be contractually bound to comply with their legal obligations as processors, maintaining confidentiality and secrecy of information.
2.22. In the event that such third parties access USER personal data, CELLXONE will implement technical, organizational and contractual measures necessary to ensure personal data is processed solely to the extent required by the processing carried out by such third parties or consent granted.
2.23. If CELLXONE requires further processing of USER personal data for a purpose other than those included in this privacy policy, prior notice will be given, including all legally required information and intended processing purposes.
2.24. CELLXONE is concerned with ensuring the security and confidentiality of personal data and information of any USER. To this end, when necessary, CELLXONE will implement security measures and technical means to prevent its loss, misuse or unauthorized access.
2.25. CELLXONE may update this privacy policy at any time for business reasons, notifying the USER if such update involves a substantial change to it. Therefore, any USER is recommended to review this policy periodically.
2.26. The use of any of our services, through any of our channels (whether electronic or in writing), once this change has been communicated or occurred, will imply awareness of it by the USER under terms contained in the new published privacy policy.
2.27. CELLXONE's PRIVACY POLICY consists of this document, as well as specific privacy conditions for each product and/or service CELLXONE may offer, which will complement and be interpreted consistently and systematically, respecting in all cases the USER's will regarding general processing included herein, without affecting specific conditions of contracted services.
2.28. CELLXONE has structured the necessary resources for protection and security of USER personal data. For any questions, the USER must contact: datos@cellxone.com.
2.29. Likewise, in accordance with applicable regulations, CELLXONE informs that through said email address datos@cellxone.com, or via postal mail sent to CELLXONE's registered office, the USER, attaching a copy of their National Identity Document (DNI) or passport, may exercise the following rights:
2.29.1. Access: allows data subject to obtain information on whether CELLXONE processes personal data concerning them and, if so, right to obtain information about their personal data subjected to processing.
2.29.2. Rectification: allows correcting errors and modifying data that turns out to be inaccurate or incomplete.
2.29.3. Erasure: allows data to be deleted and cease to be processed by CELLXONE, unless there is a legal obligation to retain it and/or other legitimate grounds prevail for its processing by CELLXONE. For example, when personal data is no longer necessary for the purposes for which it was collected, the USER may request deletion of such data without undue delay.
2.29.4. Restriction: under legally established conditions, allows data processing to be halted, avoiding future processing by CELLXONE, which will only retain it for exercise or defense of claims.
2.29.5. Object: under certain circumstances and for reasons related to their particular situation, data subjects may object to processing of their data. CELLXONE will cease processing data, except for compelling legitimate grounds, or exercise or defense of possible claims.
2.29.6. Portability: allows data subject to receive personal data and transmit it directly to another controller in a structured, commonly used and machine-readable format. To exercise this right, the USER must provide a valid email address.
3. MINIMUM AGE
3.1. In accordance with current legislation in Spain, to use this website, the USER must be over eighteen (18) years old, or, where applicable, have authorization from parents and/or legal guardians if over fourteen (14) years old and under eighteen (18) years old. Therefore, by accepting this LEGAL NOTICE, the USER guarantees that they are over that age or have said parental authorization to register in any of the channels used by CELLXONE, taking full responsibility for that statement.
4. COOKIE POLICY
4.1. What are cookies?: Cookies are small text files installed in the client's and/or USER's computer browser to record their activity, sending an anonymous identification stored in it. They can also be used to measure audience, traffic and navigation parameters, session time, and/or control progress and number of entries. Cookies on this Website can be session or persistent, as well as own or third-party. Session cookies are automatically deleted when closing the browser, while persistent cookies can remain installed for a certain period. In turn, own cookies are installed by CELLXONE, while third-party cookies are installed by service providers hired for this purpose.
4.2. CELLXONE will endeavor at all times to establish appropriate mechanisms to obtain consent from the client and/or USER for cookie installation requiring it. However, under Spanish law, it will be understood that (i) the USER has given consent if they modify browser settings disabling restrictions preventing cookie entry, and (ii) said consent will not be required for installation of cookies strictly necessary to provide a service expressly requested by the USER. Please note that to use the website it is necessary for the USER to have cookies enabled, especially technical cookies required for CELLXONE to identify the USER each time they access the website.
4.3. In particular, we inform that CELLXONE uses or may use the following types of cookies, which will be processed directly by us or by third-party partners:
4.4. Technical cookies: These allow the USER to navigate and use different options or services offered, such as controlling traffic and data communication, identifying session, accessing restricted parts, requesting registration or participation in an event, using security elements during navigation or storing, broadcasting and/or sharing content.
4.4.1. Personalization cookies: Used by CELLXONE to allow the USER to access the website with predefined general characteristics based on criteria in their terminal such as language, browser type, regional configuration from where they access, etc.
4.4.2. Analytics cookies: Used by CELLXONE and GOOGLE ANALYTICS to quantify USER count and perform measurement and statistical analysis of usage and activity by USERS, as well as prepare navigation profiles to introduce improvements to the website.
4.4.3. The USER must bear in mind that to use certain services and features of the website it is necessary to have cookies enabled in their Internet browser. Specifically, through technical cookies, CELLXONE can identify the USER each time they access the platform, allowing access and use of said services and features. However, the USER can allow, block or delete all these cookies whenever they want through configuration options of their device/terminal or Internet browser:
4.4.3.1.
EXPLORER:
http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-internet-explorer-9
4.4.3.2. FIREFOX:
https://support.mozilla.org/t5/Cookies-y-cach%C3%A9/Borrar-cookies/ta-p/16541
4.4.3.3. CHROME:
http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647
4.4.3.4. SAFARI:
https://support.apple.com/kb/ph5042
4.5. The USER must access the most updated information for each browser. If the USER uses any other Internet browser, we recommend consulting cookie management options available in it at any time.
5. SUBSCRIPTION CANCELLATION
5.1. The USER may cancel their monthly product subscription at any time from their client area/profile or by requesting it in writing to the email address info@cellxone.com.
5.2. Cancellation will take effect regarding future charges and shipments to be made after the cancellation request date. If at the time of requesting cancellation the order corresponding to the current period is already in preparation or has been dispatched, said order cannot be canceled and will be processed normally, applying cancellation only starting from the next billing period.
5.3. At any time the USER may modify subscription conditions (temporarily pause shipments, change frequency or subscription format, update delivery address or payment method, etc.) from their profile –if available– or by written request to email address info@cellxone.com.
5.4. Subscription cancellation will not affect pending payment obligations from already confirmed orders nor rights corresponding to the USER regarding withdrawal and legal warranties.
5.5. Independently from monthly product subscription, the USER may unsubscribe at any time from receiving newsletters and commercial communications. Unsubscription can be done via the specific "unsubscribe" link included at the end of each electronic communication, from the user profile itself, or by requesting it in writing to email address info@cellxone.com. Newsletter cancellation only affects sending commercial communications and does not imply cancellation of any other subscription, which must be managed as provided in this LEGAL NOTICE.
6. MISCELLANEOUS
6.1. If any provision of this LEGAL NOTICE, or part of it, is declared illegal, invalid or unenforceable by a competent administrative or judicial authority, it shall be considered unwritten, without affecting remaining provisions.
6.2. Delay or failure by CELLXONE to exercise legal action or any right described in this document does not imply, under any circumstances, a waiver thereof.
6.3. Likewise, failure to claim breach of obligations set forth in this document shall not constitute a waiver of subsequent claim.
6.4. Pursuant to Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), electronic communications sending policy is strictly limited to messages requested expressly and voluntarily by the USER.
6.5. We reserve the right to modify products and prices at any time without prior notice.
6.6. To make a purchase, you must provide valid contact and payment information. By confirming purchase, you accept corresponding charge on your payment method. Notwithstanding the foregoing, we reserve the right to reject or cancel any order at any time for objective reasons (pricing errors, IT errors, fraud suspicion, payment method issues, or product availability, among other reasons).
7. APPLICABLE LAW AND JURISDICTION
7.1. The relationship between CELLXONE and the USER shall be governed by current Spanish legislation and any dispute shall be submitted to the Courts and Tribunals of the USER's domicile.