Read this document carefully. This document constitutes the Legal Notice and Conditions of Use governing access, navigation and use of the website OPTOMIC ESPAÑA, S.A. located at URL www.optomic.com (hereinafter the “Website”).
Access, navigation and use of this site imply your explicit and unreserved acceptance of all terms of the present Legal Notice, having the same force and effect as any written and formalized contract.
Observance and compliance shall be required for any person who accesses or uses the Website. If you do not agree with the established terms, do not access, browse or use the Website.
This Legal Notice is fully governed by Spanish law.
1. INTRODUCTION AND COMPANY DATA
In compliance with Law 34/2002 of July 11 ON Information and Electronic Commerce Society Services (LSSICE), THE OWNER OF THE WEB informs you that your legal data are:
Name: OPTOMIC ESPAÑA S.A.
Tax Id. Number: A-81519423
Registered Office: C/ Madroño, nº 4, Polígono Industrial La Mina, Colmenar Viejo (Madrid), CP 28770
Registry office:Insc. Reg. Merc. de Madrid, Tomo 11.324, Libro 0, Folio 18, Secc. 8ª, Hoja M-177939, Insc. 1ª- C.I.F.:A-81519423
Phone: 91 804 44 44
E-mail address: email@example.com
All notifications and communications between users and the OWNER of the website shall be deemed effective for all purposes when made via mail or e-mail, addressed to the above addresses.
2. PURPOSE AND SCOPE
2.1. The present conditions govern access to the contents and all services and products offered by OPTOMIC ESPAÑA, S.A. through its Website, as well as the use thereof by users.
However, OPTOMIC ESPAÑA, S.A. reserves the right to modify the presentation, configuration and content of the Website, as well as the conditions for its access and/or use.
Access to and use of the content and services after the entry into force of any modifications or changes in the conditions imply acceptance thereof.
2.2. Notwithstanding the foregoing, access to certain content and use of certain services may be subject to certain specific conditions which, depending on the cases, shall substitute, complete and / or modify the present conditions of use and – in case of contradiction, terms of the particular conditions shall prevail over the general conditions.
Before using, booking and/or contracting these specific products or services offered by OPTOMIC ESPAÑA, S.A. users must read carefully the particular conditions created by OPTOMIC SPAIN SA. for that purpose, where appropriate The use, booking and / or contracting of these specific products or services implies acceptance of the particular conditions governing them in the version published by OPTOMIC ESPAÑA, S.A. at the time of such use, booking and / or contracting.
In this regard, User shall mean the person who accesses, browses, uses or participates in the services and activities – free of charge or not, developed on the Website.
3.1. Access to the contents and use of the services provided by www.optomic.com is free, although some of the services and contents offered by OPTOMIC SPAIN SA to third parties through the Website may be subject to prior contracting and payment of an amount, which would be specified in the contract conditions.
3.2. Access to the Website by minors is prohibited in accordance with current regulations, except with the prior and express authorization of their parents, guardians or legal representatives – which will be held responsible for the acts carried out by minors in their care. In any case, it shall be presumed that access by a minor to the website has been made with prior express authorization of their parents, guardians or legal representatives.
3.3. Access and navigation through the website do not require registration. However, prior registration may be required – through ID and password selecting by the user, to access booking and / or contracting of specific products and / or services.
The password – which is personal and non-transferable, must be generated by the user according to the rules of robustness and complexity to be established at any given time by OPTOMIC ESPAÑA, S.A. The password created by the user shall have unlimited validity.
If the user selects a password that does not meet the minimum requirements under the password policy approved by OPTOMIC EPAÑA, S.A. in force, the user shall be notified of this breach and the conditions the passport must meet for the effective registration in OPTOMIC ESPAÑA, S.A. user´s registry.
However, the Website has the necessary functionality for the user to change their password when they deem it appropriate, as in the event of suspecting or verifying a breach in password´s confidentiality.
3.4. The password is personal and non-transferable. The User agrees to make diligent use of the password and keep it secret, not transmitting it to any third party or even to OPTOMIC ESPAÑA, S.A. Consequently, users are responsible for the custody and confidentiality of any identifiers and / or passwords they selected as registered users of OPTOMIC ESPAÑA, S.A., and agrees not to transfer their use to third parties, either temporarily or permanently, or allow access to unauthorized people. The User shall be responsible for the illicit use of the Website by any unauthorized third party which uses a password for this purpose due to carelessness or loss thereof by the User.
Due to the above, the user is required to immediately notify the managers of the Website any fact that allows the illicit use of identifiers and / or passwords such as theft, loss, or unauthorized access, in order to proceed to their immediate cancellation. As long as such facts are not disclosed, OPTOMIC ESPAÑA, S.A. shall be exempt from any liability arising from improper use of the identifiers or passwords by unauthorized third parties.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
The present Website is governed by Spanish law and by national and international legislation on intellectual and industrial property.
Under no circumstances shall the access and navigation by the user through the Website or the use, acquisition and / or contracting of products or services offered through the Website be understood as a waiver, license or total or partial transfer of such rights by OPTOMIC ESPAÑA, S.A. The User has a strictly private right of use, with the only purpose of receiving the benefits of the service according to this Legal Notice or General Conditions.
Reference to commercial names or registered brands, logos or other distinctive signs – whether owned by OPTOMIC ESPAÑA, S.A. or third parties, implicitly forbid their use without the consent of OPTOMIC or their rightful owners. At no time, unless expressly authorized, the access or use the Website and / or its contents and / or services gives the User any right over the brands, logos and / or distinctive signs protected by law.
All rights of intellectual and industrial property on the contents and / or services are reserved and it is particularly forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the contents and / or services included on the Website for public or commercial purposes, unless with the express prior written consent of OPTOMIC ESPAÑA, S.A. or the holder of the rights.
5. USE OF THE WEBSITE.
The User agrees to use the Website in accordance with the law and with this Legal Notice. The User also agrees not to use the Website for illegal purposes or effects or purposes contrary to the provisions of this Legal Notice. The user shall be liable to OPTOMIC ESPAÑA S.A. or to third parties for any damages that may be caused as a result of a breach of this obligation.
By using the Services, the user agrees to this Legal Notice or General Conditions, undertaking not to transfer, distribute or make available to third parties any kind of material that in any way contravenes the law through the services provided by www.optomic.com
The use of the Website for purposes injurious to property or interests of OPTOMIC ESPAÑA, S.A. or third parties, or which in any other way overload, damage or disable networks, servers and other computer equipment (hardware) or products and applications (software) of OPTOMIC ESPAÑA, S.A. or third parties is expressly prohibited.
6. LICENSE ON COMMUNICATIONS.
6.1. In the event that the user sends information of any kind to OPTOMIC ESPAÑA, S.A. through the website, using the channels provided for this purpose on the Website, the user represents, warrants and agrees that they are entitled to freely do so, that such information does not infringe any copyright, trademark, patent, trade secret or any other third party right, that such information is not confidential and that such information is not harmful to others.
6.2. The User takes responsibility and shall hold OPTOMIC ESPAÑA, S.A. harmless from any communication provided personally or in its name, reaching this responsibility the accuracy, legality, originality thereof with no restriction whatsoever.
7.1. On information Access to the Website does not imply any obligation on the part of OPTOMIC ESPAÑA S.A. of verifying the truthfulness, accuracy, suitability, completeness and timeliness of the information provided through it. The contents of this page are general and do not constitute in any way the provision of a service of legal advice or any other type, so this information is insufficient for the making of personal or business decisions by the user .
All information provided by the user through the forms on the Website for the above purposes or any other must be true. For this purpose, the User guarantees the authenticity of all data provided and shall keep the information provided to OPTOMIC ESPAÑA, S.A. perfectly updated so that it responds to the actual situation of the user at all times. In any case, the user shall be solely responsible for any false or inaccurate statements made and for the damage caused to OPTOMIC ESPAÑA, S.A. or to third parties by the information provided.
OPTOMIC ESPAÑA, S.A. shall not be responsible for decisions made from the information provided in the Website or damages caused to the user or third parties for actions solely based on information obtained from the Portal.
7.2 On service quality Access to the Website does not imply the obligation on the part of OPTOMIC ESPAÑA, S.A. to control the absence of viruses, worms or any other harmful computer element. The user must in any event have suitable tools to detect and disinfect harmful computer programs.
OPTOMIC ESPAÑA, S.A. shall not be responsible for any damage caused to the computers of users or third parties during the provision of the Website service.
7.3 On availability of service Access to the website requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation are not attributable to OPTOMIC ESPAÑA, S.A. Therefore, services provided through the Website may be suspended, cancelled or become inaccessible, prior to or simultaneous to the service of the Website.
OPTOMIC ESPAÑA, S.A. shall not be liable for damages of any kind caused to the User as a result of failure or disconnection of telecommunications networks producing suspension, cancellation or interruption of the Website service during or before the provision of the service.
8.1 Links to other Web pages. In the event that the User may find links to other websites through different buttons, links, banners, etc., these would be managed by third parties. OPTOMIC ESPAÑA, S.A. does have neither the power nor the human or technical means to know, control or approve all the information, content, products or services provided by other Web sites that may establish links from the Website.
Consequently, OPTOMIC ESPAÑA, S.A. shall not take any responsibility for any aspect of a Web page to which it a link from the Website could be established, in particular those included but not limited to operation, access, data, information, files, quality and reliability of products and services, their own links and / or any of its contents in general.
In this sense, if the Users became aware of unlawful activities developed through these third-party websites, they must immediately communicate it to OPTOMIC ESPAÑA, S.A. for the purpose of proceeding to disable the access links.
The establishment of any type of link from the Website to another website does not imply that there is some kind of relationship, collaboration or dependency between OPTOMIC ESPAÑA, S.A. and the responsible for the outside website. In any case shall the existence of links to other Websites anticipate the existence of agreements with the managers or owners thereof or the recommendation, promotion or identification of OPTOMIC ESPAÑA, S.A. with statements, contents or services provided.
8.2 Links to the Website from other web pages. If any User, entity or website wishes to establish some kind of link to the Website, it must comply with the following stipulations:
The link must be absolute and complete, that is, it must lead the User through a click to the URL address of such Website and must include the full extension of the age filter screen of the Website. In no case – unless with the express And written consent of OPTOMIC ESPAÑA, S.A., can the Website carrying out the link reproduce the Website in any manner, include it as part of its Web or within one of its “frames” or create a “browser” on any the pages of the Website.
On the page that establishes the link it cannot be declared in any way that OPTOMIC ESPAÑA, S.A. has authorized such link, unless OPTOMIC ESPAÑA, S.A. has expressly and in writing done so. If the entity carrying out the link from its page to the Website wished to include the brand name, trade name, design, logo, slogan or any other identifying element of OPTOMIC ESPAÑA, S.A. and/or the Website in its website, it must have prior and written authorization.
OPTOMIC ESPAÑA, S.A. does not authorize the establishment of a link to the Website from those websites that contain illicit, illegal, degrading or obscene materials, information or contents, and in general those which contravene morality, public order or generally accepted social norms.
OPTOMIC SPAIN SA does have the power or human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website. OPTOMIC ESPAÑA, S.A. takes no responsibility for any aspect related to the website that establishes such link to the Website, in particular -included but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, own links and / or any of its contents in general.
9. PRIVACY AND COOKIES POLICY
Privacy and cookies policy of www.optomic.com is determined by the provisions of the specific document called PRIVACY AND COOKIES POLICY included in the mentioned website.
10. DURATION AND MODIFICATION.
10.1. OPTOMIC ESPAÑA, S.A. can modify all or part of the terms and conditions herein, publishing any change in the same way used in this legal notice or through any type of communication directed to Users.
10.2. Therefore, the validity of this Legal Notice coincides with its term of publication, until it is modified fully or in part, moment at which the modified legal notice shall come into effect.
10.3. Notwithstanding the provisions of the special conditions, OPTOMIC ESPAÑA, S.A. may terminate, cancel or discontinue at any time and without prior notice the access to the contents of the page, without possibility on the part of the user to seek compensation.
The present DATA PROTECTION POLICY forms an integral part of the Legal Notice of the Web www.optomic.com
In compliance with article 13 of the 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 (General Data Protection Regulation, from this point forward GDPR), we inform anyone who has provided personal data of the following:
- The entity responsible for the data processing is:
OPTOMIC ESPAÑA , S.A.
C/ Madroño, 4. Pol. Ind. La Mina, Colmenar Viejo – MADRID
CP: 28770 PROVINCIA: MADRID
2. This entity does not have a Data Protection Officer, as the legal obligations on this point do not concur. Notwithstanding this, for any inquiries or comments regarding your personal data and the exercise of your rights, explained in detail below, you can notify us using the contact details above.
3. The main purpose of the processing to which you have consented, and of which you have been informed, is fulfilling the contractual or pre-contractual relationship established with you. The reach of your consent also includes sending commercial information related to the main purpose and to our activities in general. Thus, the legal basis for the processing of your data are: your consent, the contractual or pre-contractual relationship proposed and the law or laws that affect that relationship in each case.
4. Moreover, we inform you that the data processing can also have a basis in the legitimate interests of this entity, or one of the companies of our group, consistent with keeping you informed of the products and services we offer our clients, and specially those that update, refurbish, replace or are in some way connected with those which generated the current data processing. The information will be provided by conventional and electronic means (including e-mail or mobile phone). Nonetheless, you can object to this processing at any time, by the same means you receive the information.
5. Apart from these entities and the data subject, recipients of the processed data will be third parties that are related directly or indirectly to an appropriate compliance with the contractual or legal duties (suppliers or service providers, financial institutions, public administration, …), or to the legitimate interests above-mentioned in d).
6. The controller of the processing has no intention of transferring the personal data to a third country. In that case, the necessary guarantees would be adopted in accordance with Chapter V of the GDPR (Transfers of personal data to third countries or international organisations) and the data subject would be informed.
We also inform the data subject that:
- The personal data will be stored:
- For no longer than necessary for the purposes of the processing specified in the previous sections,
- During the period of time specified in applicable legal provisions, or
- During the period of time derived from the contractual relationships between the entity responsible for the processing and the data subject, without prejudice to the exercise of the rights specified below.
- With regard to your personal data, as set out in the basic information about data protection provided, you always have the rights of access, rectification, objection, erasure (“right to be forgotten”), restriction of processing, and portability, if necessary, which you can exercise before the controller of the processing using the contact details above.
- You also have the right to withdraw the consent for commercial communications we send you with basis on point d) above, or object to them at any time.
- If you feel that the processing of any of your data is not appropriate, and that we have not dealt with your claim or complaint in a satisfactory way, we inform you that, besides above rights, you have the right to submit a claim before the Spanish Data Protection Agency (AEPD)(aepd.es).
- We understand the personal data you have provided are appropriate in accordance with the purposes of which we have informed you, and the compulsory and/or necessary communications to accomplish them will be effected. We remind you that the omission of a datum, requested and not provided by the data subject, could have led to results different to the current ones.
- The controller of the processing does not do profiling with your personal data, and does not anticipate the existence of automated decisions which may affect you significantly or that may cause any legal effects.
Lastly, we inform you that if this entity, as the controller of the processing, planned an ulterior processing of personal data for a purpose different to that for which they were collected, and of which we have now informed you, we would provide the relevant information about that other purpose prior to said ulterior processing.