General terms and conditions of service
General terms and conditions of service
Pursuant to that set forth in Organic Law 3/2018 of 5 December, on Protection of Personal Data and digital rights guarantee (which hereinafter shall be referred to as Law 3/2018), Law 34/2002 of 11 July, on Services of the Information Society and Electronic Commerce (which hereinafter shall be referred to by its initials in Spanish LSSICE) and the Regulation (EU) 2016/679, 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 (which hereinafter shall be referred to Regulation (EU) 2016/679) GAPTEC 2011, SL, herein advises users as regards the following points:
- ABOUT US
The company GAPTEC 2011, SL (which hereinafter shall be referred to GAPTEK) with registered office at Balmes, nº 226, 3ª, in Barcelona (08006- Barcelona), and email address firstname.lastname@example.org, holder of Corporate Tax Identification (CIF) number B-55.099.378, and registered in the Mercantile Register of Girona, at Tome 2817, Folio 123 and Sheet no. GI-51518, advises herein that the company is the owner of the website domain name www.gaptek.eu
- WEBSITE TERMS AND CONDITIONS OF USE
The mere access to the website www.gaptek.eu does not in itself imply the establishment of any type of association or business relationship between GAPTEK and the User.
The use of this website confers on the user the condition of user.
In order that the user of this website, www.gaptek.eu, of which GAPTEK is the owner, may furnish his/her personal data which may be required for the purposes of sending the contact form, quote request form and so as to be able to sign up for the “Newsletter’” included on the aforementioned website, this user must be of legal age. Please be advised that the personal data obtained through these forms, including your email address, have been included in a file for which GAPTEK is responsible and the sole recipient of that data, for the purposes of handling your enquiries and providing relevant service-related information which may be of interest to you.
GAPTEK, through its website, provides users contact information as regards the company and its products and services. In order to contract of our services, the User must contact GAPTEK so as to receive detailed information in that regard.
- TYPES OF DATA COLLECTED
GAPTEK provides information to the user of its policy as regards the processing and protection of personal data of users and customers which may be obtained from the various forms provided on its website (quote request, contact form and “Newsletter” signup form), for the contracting of our services or to receive emails.
GAPTEK collects a range of personal data in order to manage and develop the provision and compliance of the contracting of its services as a company dedicated to the design, engineering, production, installation and maintenance of rapid implementation buildings such as hangars, industrial warehouses, modular buildings and major lighting structures, furthermore, the data is likewise used to furnish information as regards the range of services and products which are offered and requested. Specified below, are the categories of personal data which are collected both in the contact form, as well as in the quote request and in our “Newsletter” signup form, as well as subsequently if the contracting of our services is undertaken, for the abovementioned purposes and how the data are used.
Contact information: the contact information which are requested and collected, are name, surname, telephone number, email address and postal address, in order to be able to contact you for the purposes of providing the information which is requested in relation to our services, in addition to addressing any problem or enquiry which is made, in order to carry out notifications between both parties in relation to the status and development of the provision of our services which have been taken out under contract.
The legal power which is held for the processing of your personal data is based on the management of the use and delivery of your information requests through our forms which are included on our website, likewise for the management of responses to your requests for information, quotes and/or prices of our services and products forwarded to us via email or other means, and which will be answered in the same manner, as well as to manage the development and compliance of the provision of our services in relation to the property field for which we have been contracted.
Pursuant to the Law 3/2018 and the Regulation (EU) 2016/679, the personal data that the Website User furnishes through the forms included therein or via the receipt of emails forwarded by the User or customer, so as to be able to address the request made by that user, such as requests for information as regards our services, the drawing up of quotes, price enquiries, among others, the User and/or Customer is advised that upon acceptance he/she understands and accepts this Legal Notice when sending the contact form requesting any aforementioned information as regards our services, the User and/or Customer expressly authorises GAPTEK, so that the latter may process his/her personal data for the sole purpose of rendering the services that are requested by the user in addition to addressing the request for information that the former forwards, as well as authorising the use thereof as a means of communication with the User and/or Customer, to handle his/her request and/or enquiry, the email furnished, given that in this manner information in relation to GAPTEK may be addressed and conveyed, which has requested, therefore, that information shall only be used so as to be able to answer the request and/or enquiry that has been forwarded to us in addition to the management and undertaking of the subsequent relationship that binds both parties in relation to the compliance of the provision of the services which have been taken out under contract.
Likewise, may also proceed to the forwarding of commercial communications providing information as regards GAPTEK’s activity and its new products and services, but in this case, provided that the User has previously and expressly accepted upon the forwarding of any of the forms included on the website, that he/she wishes to receive commercial emails from GAPTEK and, therefore, renders his/her express consent for this fact. This personal information provided by the User through the contact form and/or “Newsletter’’ signup form, and/or the quote request form or the receipt of emails sent by the same User, will be subject to automated processing and included into a file under the responsibility of GAPTEK which shall be the sole recipient of said data.
GAPTEK hereby advises that all security measures of technical and organisational nature necessary to ensure the security of its personal data and prevent the alteration, loss, processing and/or unauthorised access, as set forth in the Law 3/2018 and the Regulation (EU) 2016/679 have been implemented.
- ASSIGNMENT OF PERSONAL DATA POLICY
GAPTEK hereby advises that all the personal data furnished by the User through the forms included in the website, through the receipt of emails forwarded by the user or those furnished during the provision of our services, shall not be assigned to any third party whatsoever, barring said assignment is subject to a legal obligation to do so or when the provision of a requested service necessarily implies within a contractual relationship the participation of another company in order to be able to undertake and comply with the provision of the service and/or product, for which reason the assignment of the user’s data shall be undertaken for the purposes of supporting said company for the purposes of complying with the service which has been requested.
Therefore, the data may be assigned to companies extraneous to GAPTEK, in order to be able to render in a satisfactory manner the contracted services and/or products, which shall be:
- Companies dedicated to the provision of logistics, transport and product delivery (courier and transport companies).
- Companies dedicated to technological and computer services, for the management and maintenance of the website through which our services and products to Users are provided.
GAPTEK hereby undertakes to use the personal data obtained from the website forms and those subsequently furnished in relation to the provision of services which are taken out under contract, solely for the aforementioned purpose, and to process same with due duty of secrecy and confidentiality, in addition to the compliance of the security measures that the prevailing legislation requires to ensure the security thereof.
- PERSONAL DATA RETENTION PERIOD
GAPTEK shall process and retain your personal data for the period necessary in order to comply with the contractual relationship or service provision which binds both parties, that is, whilst your status as a client continues, therefore, only for the period strictly necessary for the retention thereof and until the conclusion of the purpose for which same were collected, or as the case may be, until the rights of opposition, cancellation or erasure (right to be forgotten) is exercised.
Notwithstanding the foregoing and as required by law (Articles 29.2(E ) and 70 of Law 58/2003, of 17 December, on General Taxation) the data shall be securely retained during the period wherein claims and/or liabilities may arise derivative from the management and provision of our services and the processing of the data. Upon conclusion of this period, the data shall be deleted.
- WHAT ARE YOUR RIGHTS AND HOW TO EXERCISE SAID RIGHTS.
GAPTEK likewise wishes to advise the users of its website who may exercise at any given moment the following rights in relation to the personal data which has been furnished:
- Right of access which entitles the user to request and obtain free of charge information as regards his/her personal data subject to processing, the origin of said data, as well as the disseminations undertaken or envisaged to be made of such.
- Rights of rectification, cancellation and opposition, which enables the rectification or cancellation of the user’s personal data when coming to his/her attention that said data is incorrect, inaccurate, inadequate or excessive.
- Right to limitation, which enables the limitation of the processing of the user’s data as regards a specific part thereof, when said data is inaccurate whilst confirming said inaccuracy, when the processing is not lawful, when the data controller no longer requires the data for the purposes/objectives of the processing and/or when a legitimate interest is enforced
- Right to data portability, is the right to receive the user’s own personal data which have been furnished and provided to a controller, in a structured, commonly used and machine-readable format, in order to be transmit such data to another controller without hindrance from to controller to which the personal data have been furnished
- Right to erasure (right to be forgotten), erasure of the personal data of the interested party without undue delay whatsoever provided that said personal data are no longer necessary in relation to the purpose for which same were collected, the express consent of the interested party is withdrawn, whenever the right to oppose same is exercised or unlawfully processed and likewise whenever these data are no longer necessary for the purposes for which same were collected and/or when the data must be erased for compliance with a legal obligation or have been obtained in relation to the offer of information society services.
Said rights are set forth pursuant to Articles 15 – 23 of the Regulation (EU) 2016/679, and may be exercised by sending a letter addressed albeit in person or via mail to the registered office of GAPTEC 2011, SL, and holder of Corporate Tax Identification (CIF) number B-55099378, registered office at calle Balmes, nº 226, 3ª, in Barcelona (08006- Barcelona), enclosing thereto National Identity Card (DNI) number DNI, or, via email to the email address of: email@example.com. Likewise advising of the option of lodging a complaint with the competent authority of the Spanish Data Protection Agency.
- NOTIFICATIONS AND COMMERCIAL MAILINGS
In the event that the User wishes to contact GAPTEK, for the purposes of carrying out any enquiry and/or complaint whatsoever, he/she must do so by writing to the postal address and/or email firstname.lastname@example.org
The notifications between GAPTEK and the User, shall be undertaken pursuant to the contact information provided or furnished by same in the contact form and/or User registration form. As has been mentioned previously in this Legal Notice, the User accepts the use of the contact information furnished (the email address for forwarding emails and/or the telephone number in order to use the online messaging communication system called WhatsApp) as valid procedures for the exchange of information and the sending of communications with GAPTEK, in relation to the provision of our services as a company dedicated to the design, engineering, production, installation and maintenance of rapid implementation buildings such as hangars, industrial warehouses, modular buildings and major lighting structures, if the user accepts that he/she has understood and agrees with this Legal Notice prior to the sending of contact form, and/or the quote request form and/or our “Newsletter” signup form (the same is not true as regards the acceptance or non-acceptance of commercial mailings as has been previously explained in this Legal Notice).
Although this express consent may be revoked at given moment by the user, by means of the forwarding the revocation in writing to the registered office of GAPTEK, which has been mentioned beforehand herein, or to the email address thereof: email@example.com
Pursuant to the LSSICE, GAPTEK, does not carry out the forwarding of commercial emailings as regards the company’s advertising, only carrying out communications with the Users and/or clients related to the provision of services that binds both parties.
With the intention of improving the website, GAPTEK, reserves the right to amend, delete or add all the contents and services as considered appropriate, as well as the way in which the contents and services are presented or located on its website. GAPTEK, does not authorise the use of its contents in other websites, therefore, presentations of contents of this website in a different manner to that on the website thereof are not authorised www.gaptek.eu
GAPTEK, acts with the utmost diligence possible, and declares that the data and information contained in the website are updated, therefore, uses its best endeavours to prevent errors in the contents that are published on the website. All content offered through the website is updated, GAPTEK reserving, the right to amend same at any given moment.
GAPTEK offers links, either directly or indirectly, to resources or Internet sites which fall outside the scope of the present website. The presence of these links on the website is for mere informational purposes only.
GAPTEK, shall not be held liable under any circumstances whatsoever for the losses and liabilities which may be derivative from the unlawful or improper use of the website of the ownership thereof, as well as those that may be derivative from the access, collection and/or use by any third party of the contents of the former. Therefore, it shall not be held liable for the consequences which may be derivative from errors in the contents that may appear in the website furnished by any third party.
GAPTEK states that it has adopted all the necessary measures, according to the state of the art and technology, to ensure the functioning of the website thereof and to prevent the existence and transmission of viruses and other components potentially harmful elements to Users.
The users hereby undertake to make a proper use of the contents and services that GAPTEK may offer on its website and abstain from using same for any illegal activity or those contrary to law. GAPTEK, reserves the right to exercise all manner of required necessary civil and criminal actions if a breach of the preceding terms and conditions or any misuse of the contents included on this website is discerned.
GAPTEK likewise wishes to advise that the information contained in its website (presentation, configuration, web content etc.) may be updated, amended or similarly deleted without prior notice, although always complying with all statutory provisions as regards the information. GAPTEK, shall not be held liable for the information which may be obtained through links included in the site.
Any dissemination or conveyance of content which infringes the rights of any third party and whose content is threatening, obscene, defamatory, pornographic, xenophobic, detrimental to personal dignity or children’s rights, anything that contravenes prevailing legislation or any conduct which incites or constitutes a criminal offense is prohibited.
Likewise the inclusion and dissemination of content by users, which are false or inaccurate and which mislead or may mislead, infringe the rights of any third party, which are offensive and/or are unlawful, in particular the contents that are protected by whichever intellectual or industrial property rights, belonging to any third party whatsoever, when there is no conferred authorisation of the right holders, are considered as illegal, misleading or unfair advertising and/or contains viruses or any other electronic element which may harm or hinder the functioning of the website, the network, any computer equipment belonging to GAPTEK or any third party and/or access to the website by other users is prohibited.
GAPTEK does not warrant that the services of the website shall be uninterrupted, timely, secure or error-free, nor are any other warranties made as regards the results which may be obtained from the use of the services or from the accuracy or reliability of any information obtained. The services are not controlled, or are made their own, nor is the accuracy, quality, veracity, reliability or suitability of the information and services furnished or provided by any third party through the website warranted. Likewise, it does not control nor guarantee the absence of viruses or other harmful elements in the content or services furnished or rendered by any third party whatsoever through the website.
Nor shall GAPTEK be held liable for the content of the websites that link off its website. Neither shall it be liable for any damage or loss which may be derivative from the connection or the use of any content, product or service available on the websites linked. Nor shall GAPTEK warrant the availability and proper functioning of the links to other websites.
GAPTEK reserves the right to suspend or cancel access in the event that it becomes aware that its website is used to breach any applicable law or the common Internet use guidelines, or if the domain name is used in connection with an unlawful activity, as well as if notification is received in that regard issued by a competent authority or in the other cases as contemplated by the prevailing legislation. The users, in the utilisation of the website and the services linked thereto, must comply with the following requirements:
To refrain from introducing, storing or disseminating through the website or through any of the services linked thereto any computer programme, data, virus, code, or any other electronic instrument or device that may be likely to cause damages to the website, to any of the services linked thereto or in any equipment, systems or networks of the domain owner, of any user, suppliers thereof or in general of any third party, or which is otherwise capable of causing any type of alteration or hinder the normal functioning thereof.
To refrain from destroying, altering, disabling or corrupting data, information, programmes or electronic documents owned by the domain owner, the suppliers thereof or any third party whatsoever.
To refrain from using the contents and in particular the information obtained through the website to forward advertising, send messages for sales purpose or for any other commercial purpose, or collect or store personal data of any third party whatsoever.
Shall refrain from circumventing or manipulating any established technical devices, whether on the website, in any of the services or in any of the materials, elements or information obtained via same, for the protection of his/her rights.
Shall refrain from deleting the identifying signs of the rights (intellectual property, industrial or any other) of the domain owner or any third party whatsoever which appear on the website and in each of the various services offered through same.
Shall refrain from undertaking any action which may result in a variance of website traffic.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
The contents and elements (texts, images, graphic designs, videos, audios, logos, structure, content presentation …) which are part of the website, belong to GAPTEK, and are used on the basis of advertising purposes and that of information as regards its services and products in relation to the activity thereof, and reproduction in whole or in part of this website , and of any of the contents thereof without the express written authorisation of GAPTEK is strictly prohibited. GAPTEK reserves the right to initiate the pertinent legal actions in order to compensate any losses and damages occasioned by any act whatsoever which infringes its intellectual or industrial property rights.
Said website contents are owned by GAPTEK, www.gaptek.eu, and are protected by the prevailing legislation on intellectual property. The amendment, copying, reproduction, downloading, conveyance, distribution or processing of the website contents is prohibited, unless authorised to do so by the holder of the corresponding rights or the practice in question is legally permitted . The access to the website shall not under any circumstances whatsoever entail the acquisition by users of any property rights thereon as regards the contents included therein. References to brand names or registered trademarks or distinctive signs, albeit owned by GAPTEK or by any third party company, implicitly prohibit their use without the consent of GAPTEK or the legitimate owners thereof. Under no circumstances whatsoever, unless expressly specified otherwise the access or use of the website and/or the contents thereof, confers to the user any rights whatsoever as regards brands, logos, and/or distinctive signs included therein protected by law.
- BROWSING AND SECURITY.
GAPTEK uses its best endeavours to ensure that browsing through this website is carried out under the best possible conditions. GAPTEK shall not be held liable for any type of damage occasioned to users for the use of browsers or versions other than those for which this website has been designed.
GAPTEK does not warrant nor shall be held liable that access to this website will be uninterrupted or error-free. Under no circumstances whatsoever shall GAPTEK be held liable for the damages of any kind derivative from the access and use of this website.
- LEGISLATIVE CHANGES.
GAPTEK, reserves the right to amend this LEGAL NOTICE as regards the privacy and commercial policy, with the purpose and objective subject matter and purpose of being able to bring into line any legislative amendment or new legislation on the matter.
- APPLICABLE LEGISLATION.
For all matters as regards the interpretation, application and compliance of this Legal Notice, as well as the claims derivative from the use thereof, GAPTEK reserves the right to file civil or criminal actions which are deemed appropriate for the improper use of the website and contents thereof, or for the non-compliance of the present terms and conditions.
The relationship between the User and the owner of the website, GAPTEK, in particular the knowledge of any discrepancy and/or differences which may arise, shall be governed and settled pursuant to that set forth in Spanish law as regards the applicable legislation and competent jurisdiction. Nevertheless, in cases where the legislation foresees the likelihood of the parties to submit to a jurisdiction, the User and GAPTEK, expressly waiving any other jurisdiction to which they may be entitled to, shall submit howeversomany disputes and/or litigation to the attention of the Courts and Tribunals of the city of registered office of GAPTEK as foreseen ut supra in this Legal Notice.