Legal Notice and Privacy Policy

LEGAL NOTICE

1. OWNER OF THE WEBSITE

In compliance with the duty to provide information as stipulated in article 10 of the current Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, we inform you that the person responsible for the website where you can download different applications is:

• Company name: FONBUENA SIGLO XXI S.L.
• CIF: B99006553
• Address: Paseo Sagasta 17, 2º derecha A · 50008 Zaragoza (Spain)
• Contact Phone: +34 976 242 490
• Email: cnivela@fonbuena.com

• Official Register:
Registro Mercantil de Zaragoza, Tomo 3059, Libro 0, Folio 189, Hoja número Z-35.585, Inscripción: 1ª.
• Trade mark before the O.E.P.M.: Dossier
• Applicable regulations by profession and/or codes of conduct:
• Website of FONBUENA SIGLO XXI S.L.:
• Main Website: www.winkcondoms.es

2. USER LIABILITY FOR USE AND CONTENT

Both access to the websites and the use that may be made of the information and contents included therein shall be the exclusive responsibility of the user.
Therefore, the use that may be made of the information, images, contents and/or products described and accessible through the same shall be subject to the applicable national or international law, as well as to the principles of good faith and lawful use by the Users, who shall be entirely responsible for said access and correct use.

Users are obliged to make reasonable use of the services or content, under the principle of good faith and with respect for current legislation, morality, public order, good customs, the rights of third parties or FONBUENA SIGLO XXI S.L. itself, all according to the possibilities and purposes for which they are designed. FONBUENA SIGLO XXI S.L. assumes no liability, whether direct or indirect, for consequential damage or loss of profit, arising from the misuse of the services or content by Users or third parties.

3. USER CONCEPT

The use of the Website confers the condition of User, and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice in the version published by FONBUENA SIGLO XXI S.L. at the same time that the User accesses the website. Consequently, the User must read this Legal Notice carefully each time he/she intends to use the Website, as it may undergo modifications.

4. OFFICIAL SITE LANGUAGE

The legally established language is Spanish, therefore in the event of any translation of this legal notice into any other language, the original clauses in Spanish shall be understood as binding both in the Legal Notice and in the conditions of service.

5. SOCIAL MEDIA

FONBUENA SIGLO XXI S.L. has or may have a profile open in the main social networks, in all the networks in which it is recognised as responsible for the processing of the data its users and/or followers of the company have included in the company’s profile.

The treatment that FONBUENA SIGLO XXI S.L. will carry out with said data will be that which the social network allows for business profiles within its policies as a social network. Thus, FONBUENA SIGLO XXI S.L. will be able to inform its followers by any means that the social network allows about its activities, new products, acts and events, as well as offers of personalised customer service. FONBUENA SIGLO XXI S.L. will not extract data from the social networks, unless the user’s consent to do so has been specifically and expressly obtained.
Under no circumstances will FONBUENA SIGLO XXI S.L. be responsible for the processing of your data, therefore you give your express consent to the social network to process your data, and you can revoke this consent through the same social network.

6. INFORMATION ABOUT THE LINKS

FONBUENA SIGLO XXI S.L. is not responsible for websites not belonging to FONBUENA SIGLO XXI S.L. which can be accessed through links or any content made available by third parties.

Any use of a link or access to a website not belonging to FONBUENA SIGLO XXI S.L. is at the sole risk of the user and FONBUENA SIGLO XXI S.L. does not recommend or guarantee any information obtained through a link not belonging to FONBUENA SIGLO XXI S.L., nor is it responsible for any loss, claim or damage arising from the use or misuse of a link, or the information obtained through it, including other links or websites, interruption in service or access, or the attempt to use or misuse a link, both when connecting to the FONBUENA SIGLO XXI S.L. website and when accessing information on other websites from the FONBUENA SIGLO XXI S.L. website.

7. COOKIES POLICY

A. INFORMATION ON THE USE OF COOKIES – COOKIE LAW

This website may be using cookies on some pages. The purpose of these cookies is to improve the service offered to its customers and our visitors. If they are installed, the administrator of this website will ask for your consent to do so, and you will have the option to accept it.

Art. 22 LSSI. “Service providers may use data storage and retrieval devices in terminal equipment of the recipients, on condition that they have given their consent after having been provided with clear and complete information on their use, in particular, on the purposes of data processing, in accordance with the provisions of Organic Law 15/1999, Where technically possible and effective, the consent of the recipient to accept the processing of the data may be provided through the use of the appropriate settings of the browser or other applications, provided that the recipient must proceed to their configuration during their installation or update by means of an express action to that effect. The foregoing shall not prevent the possible storage or access of a technical nature for the sole purpose of carrying out the transmission of a communication over an electronic communications network or, to the extent strictly necessary, for the provision of an information society service expressly requested by the recipient”.

A “Cookie” is a small file that is stored on the user’s computer and allows us to recognise the user. The set of “cookies” helps us to improve the quality of our website, allowing us to monitor which pages our users find useful and which they do not.

B. COOKIE MANAGEMENT AND REVOCATION OF CONSENT

We inform you that you can reject the use and installation of cookies from this website by changing the configuration of your browser, being able to continue using this website, we also warn you that the experience of using this website may be limited if you change some of the options we give you.:

COOKIE MANAGEMENT BY BROWSER:
Google Chrome,
http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647
Explorer,
http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-internet-explorer-9
Firefox,
http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we
Safari,
http://support.apple.com/kb/ph5042

Many browsers allow you to activate a private mode whereby cookies are always deleted after your visit. Depending on each browser, this private mode may have different names, below you can find a list of the most common browsers and the different names of this “private mode”:
– Internet Explorer 8 and above: InPrivate
– FireFox 3.5 and above: Private Browsing
– Google Chrome 10 and above: Incognito
– Safari 2 and above: Private Browsing
– Opera 10.5 and above: Private Browsing

Please read the help section of your browser carefully to learn more about how to activate “private mode”. You will still be able to visit our website even if your browser is in “private mode”, however, the user experience may not be optimal and some utilities may not work.

If you need more information about blocking cookies on your computer, do not hesitate to follow the explanation given in this link: http://windows.microsoft.com/es-es/windows-vista/block-or-allow-cookies

Although cookies are essential for the functioning of the Internet, providing countless advantages in the provision of interactive services, facilitating navigation and use of our website. Cookies can not damage your computer and, in return, the fact that they are enabled helps us to identify and resolve errors.

TYPES OF COOKIES:

The information provided below will help you understand the different types of cookies:

Session cookies: these are temporary cookies that remain in the cookie file of your browser until you leave the website, so none of them remain registered on the user’s hard drive. The information obtained through these cookies is used to analyse web traffic patterns. In the long run, this allows us to provide a better experience to improve the content and facilitate its use.

Persistent cookies: these are stored on your hard drive and are read by our website each time you make a new visit. A permanent website has a specific expiry date. The cookie will stop working after that date. We generally use them to facilitate shopping and registration services.

We also inform you that cookies allow us to obtain the following information:

– Date and time of the last time the user visited the website.
– Design of the content that the user chose on their first visit to the website.
– Security elements involved in controlling access to restricted areas.
– Other information on certain specific cookies.

In any case and in compliance with the “Cookies Act” Law 13/2012 of 30 March, and art. 22 of the LSSI, our website, in case of installing any cookie will ask for your prior consent to the installation of the same at the same time that indexes our Web address.

In some cases, if you do not accept the installation of cookies, our website may not allow you to continue browsing it. And some of our services may not function properly.

COOKIES ON OUR WEBSITE

Within this website, these types of cookies may be used, distinguishing:

Strictly necessary cookies, for example, those that serve for proper navigation or those that allow the payment of goods or services requested by the user or cookies that serve to ensure that the content of the website loads efficiently and correctly.

Third-party cookies are those used by social networks or by external content complements such as google maps, social networks, etc.

Analytical cookies with the intention of periodic maintenance, and to ensure the best possible service to the user, analytical cookies are normally used to collect statistical data on the activity.

In any case, if you accept the installation of any cookies, we detail below the name of the cookies that our website may install and their usefulness:

This website uses the following own cookies:

Session cookies, to ensure that users who write comments on the blog are human and not automated applications. This helps to combat spam.

This website uses the following third-party cookies:

Google Analytics: Stores cookies in order to compile statistics on the traffic and volume of visits to this website. By using this website you consent to the processing of data about you by Google. Therefore, the exercise of any rights in this regard should do so by communicating directly with Google..
Social networks: Each social network uses its own cookies to enable you to click on Like or Share buttons.

FONBUENA SIGLO XXI S.L. has followed the criteria and advice published by the Spanish Data Protection Agency in its 2013 “Guide to the use of Cookies”.

8. DISCLAIMER AND LIMITATION OF LIABILITY

The information and services included in or available through the web pages may include inaccuracies or typographical errors. Changes are periodically made to the information contained therein. FONBUENA SIGLO XXI S.L. may introduce improvements and/or changes to the services or contents at any time.

FONBUENA SIGLO XXI S.L. has obtained the information and materials included in the website from sources considered to be reliable, but, although the corresponding measures have been taken to ensure that the information contained is correct, it does not guarantee that it is exact and up to date.

It should also be noted that the contents of this website are for information purposes regarding the quality, location, accommodation, services and rates of FONBUENA SIGLO XXI S.L..

9. INFORMATION ON THE DISCLAIMER OF ALL LIABILITY ARISING FROM TECHNICAL AND CONTENT FAILURE

FONBUENA SIGLO XXI S.L. declines any responsibility in the event of interruptions or malfunctioning of the services or content offered on the Internet, whatever their cause. Likewise, FONBUENA SIGLO XXI S.L. accepts no responsibility for network crashes, loss of business as a result of such crashes, temporary suspensions of the electricity supply or any other type of indirect damage that may be caused to Users for reasons beyond the control of FONBUENA SIGLO XXI S.L..

FONBUENA SIGLO XXI S.L. does not declare or guarantee that the services or contents will be interrupted or free of errors, that defects will be corrected, or that the service or the server that makes it available are free of viruses or other harmful components, without prejudice to the fact that FONBUENA SIGLO XXI S.L. makes its best efforts to avoid this type of incident. In the event that the User takes certain decisions or performs certain actions based on the information included in any of the websites, it is recommended that the information received is checked with other sources.

10. INDUSTRIAL AND INTELLECTUAL PROPERTY

The contents provided by FONBUENA SIGLO XXI S.L., as well as the contents posted on the network through its web pages, constitute a work within the meaning of intellectual property legislation and are therefore protected by the applicable laws and international conventions on the subject.

Any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of public exploitation referring to both the web pages and their contents and information, without the express prior written consent of FONBUENA SIGLO XXI S.L., is prohibited.

Consequently, all the contents shown on the different websites and, in particular, designs, texts, graphics, logos, icons, buttons, software, commercial names, brands, trademarks, industrial drawings or any other signs susceptible of industrial and commercial use are subject to the intellectual and industrial property rights of FONBUENA SIGLO XXI S.L. or of third party owners who have duly authorised their inclusion on the different websites.

The contents, images, forms, opinions, indexes and other formal expressions that form part of the web pages, as well as the software necessary for the operation and visualisation of the same, also constitute a work within the meaning of copyright law and are therefore protected by the applicable international conventions and national legislation on intellectual property.

Intellectual Property that may be applicable. Failure to comply with the aforementioned implies the commission of serious illegal acts and their sanction by civil and criminal legislation.

It is prohibited any act by virtue of which the Users of the services or contents may exploit or use commercially, directly or indirectly, in whole or in part, any of the contents, images, forms, indexes and other formal expressions that form part of the Web pages without prior written permission from FONBUENA SIGLO XXI S.L..

Specifically, and without limitation, the reproduction, distribution, exhibition, transmission, retransmission, broadcasting, emission in any form, storage on physical or logical supports (for example, diskettes or computer hard disks), digitalisation or making available from databases other than those belonging to those authorised by FONBUENA SIGLO XXI S.L. are prohibited, as well as the translation, adaptation, arrangement or any other transformation of these opinions, images, forms, indexes and other formal expressions that are made available to Users through the services or content, insofar as such acts are subject to the applicable legislation on intellectual, industrial or image protection property.

FONBUENA SIGLO XXI S.L. is free to limit access to the web pages and the products and/or services offered therein, as well as the subsequent publication of the opinions, observations, images or comments that users may send via e-mail.

FONBUENA SIGLO XXI S.L., in this regard, may establish, if it deems appropriate, without prejudice to the sole and exclusive responsibility of the Users, the necessary filters to prevent content or opinions considered to be racist, xenophobic, discriminatory, pornographic, defamatory or that in any way encourage violence or the dissemination of clearly illegal or harmful content from being posted on the network through its web pages.

Those users who send to the web pages of FONBUENA SIGLO XXI S.L., to its suggestions department, observations, opinions or comments by means of the e-mail service, unless they expressly and unmistakably state otherwise, in those cases where this is possible due to the nature of the services or content, it is understood that they authorise FONBUENA SIGLO XXI S. L. for the reproduction, distribution, exhibition, transmission, retransmission, broadcasting in any format, storage on physical or logical supports (for example, diskettes or computer hard disks), digitalisation, making available from databases belonging to FONBUENA SIGLO XXI S.L., translation, adaptation, arrangement or any other transformation of such observations, opinions or comments, for as long as copyright protection is legally provided for. It is also understood that this authorisation is given free of charge, and that by the mere fact of sending such observations, opinions or comments by e-mail, users decline any claim for remuneration from FONBUENA SIGLO XXI S.L..

In accordance with the above paragraph, FONBUENA SIGLO XXI S.L. is also authorised to modify or alter such observations, opinions or comments, in order to adapt them to the needs of the editorial format of the Web pages, without this being understood as any kind of damage to any of the moral rights of copyright that the Users may hold over them.

Any technical, logical or technological resources by virtue of which a third party may benefit, directly or indirectly, with or without profit, from each and every one of the contents, forms, indexes and other formal expressions that form part of the Web pages, or from the effort made by FONBUENA SIGLO XXI S.L. to operate them, are prohibited. Specifically, any link, hyperlink, framing or similar link that may be established in the direction of the FONBUENA SIGLO XXI S.L. web pages is prohibited without the prior, express and written consent of FONBUENA SIGLO XXI S.L.

Any infringement of the provisions of this point will be considered as a breach of the legitimate intellectual property rights of FONBUENA SIGLO XXI S.L. on the Web pages and all the contents of the same.

FONBUENA SIGLO XXI S.L. shall not assume any responsibility for any consequences arising from the aforementioned conduct and actions, nor shall it assume any responsibility for the contents, services, products, etc., of third parties that may be accessed directly or through banners, links, hyperlinks, framing or similar links from the websites of FONBUENA SIGLO XXI S.L..

11. DISPUTE RESOLUTION

This legal notice will not be archived individually for each user but will remain accessible via the Internet on this website. It is accessible via the connection that each user has on his or her connection system.

Users who have the status of consumers or users as defined by Spanish legislation and reside in the European Union, if they have had a problem with a purchase made from FONBUENA SIGLO XXI S.L. to try to reach an out-of-court agreement can go to the Online Dispute Resolution Platform, created by the European Union and developed by the European Commission under Regulation (EU) 524/2013. As also set out in the “General Terms and Conditions” and/or “Use of the Website”.

Provided that the User is not a consumer or user, and when there is no regulation that obliges otherwise, the parties agree to submit to the Courts and Tribunals of Zaragoza, as this is the place where the contract was concluded, expressly waiving any other jurisdiction that may correspond to them.

12. LEGISLATION

The laws governing this website are Spanish law. In the case of the privacy policy the European General Data Protection Regulation 679/2016.

POLÍTICA DE PRIVACIDAD

1. PERSONAL DATA PROTECTION

1.1 CONTACT DETAILS OF THE CONTROLLER

• Company name: FONBUENA SIGLO XXI S.L.
• CIF: B99006553
• Address: Paseo Sagasta 17, 2º derecha A · 50008 Zaragoza (España)
• Contact Phone: 976 242 490
• Email: cnivela@fonbuena.com

1.2 CONTACT DETAILS OF THE DATA PROTECTION OFFICER (D.P.O.)

Pursuant to Article 37 GDPR 2016/679 no D.P.O. is required.

1.3 PRIVACY POLICY – DUTY OF DISCLOSURE UNDER THERGPD 679/2016.

The customer who agrees to enter their data in the contact forms on this website, as set out in this paragraph of this legal notice, EXPRESSLY DECLARES AND EXPRESSLY STATES THAT:
You expressly authorise the entity FONBUENA SIGLO XXI S.L. with address at PASEO INDEPENDENCIA 24-26, 3rd FLOOR, OFFICE 8 of 50004 – ZARAGOZA (Zaragoza) to collect and process the personal data of the person signing, or acting as legal representative, guardian or curator, of a minor. Likewise, he/she declares that he/she has been duly informed about the table presented in relation to the right set out in art. 13 of the RGPD.

BASIC INFORMATION ON DATA PROTECTION CUSTOMER DATA FILE

RESPONSIBLE: FONBUENA SIGLO XXI S.L.

INTENDED PURPOSE: Management of the data entered in the data collection forms on the website. Sending of advertising.

D.P.O. (Data Protection Officer): no D.P.O. is required in accordance with Article 37 GDPR 2016/679.

LEGITIMACY: Consent of the data subject.

RECIPIENTS OF DATA TRANSFERS: Companies of the same group. No data will be transferred unless it is necessary to comply with the service requested. No data will be transferred except by legal mandate. Tax and accounting advice. (in case of purchase through the web).

RIGHTS: Right to request access to personal data relating to the data subject, Right to request rectification or erasure, Right to request restriction of processing, Right to object to processing, Right to data portability;

ADDITIONAL INFORMATION: You can view our privacy policy at: www.winkcondoms.es

HOW TO EXERCISE YOUR RIGHTS: Request our forms for exercising your rights at: www.agpd.es

It is forbidden for minors under 16 years of age to provide data in our data collection forms, as this is contrary to art. 8 RGPD, in case you need the consent of a minor, you must give it and therefore collect data from the person who holds parental authority and / or guardianship of the minor.
This data protection policy may vary over time due to possible changes in legislation, jurisprudence or the criteria followed by the Spanish Data Protection Agency and/or the competent authority at any given time. For this reason, FONBUENA SIGLO XXI S.L. reserves the right to modify this legal notice to adapt it to new legislation or jurisprudence in force at the precise moment when the websites are accessed, as well as to practices in the sector. We ask you to review this legal notice periodically.

1.3.1 WHAT WE USE YOUR DATA FOR

The information you provide us with is used for the sole purpose of managing the services and products requested. We also provide you with information about news, products and new services, through the means you have provided us with: mail, postal address and even calls to mobile phones and SMS.

With this information, we have drawn up a customer profile, so that we can offer you products tailored to your needs. In this way, we do not waste our customers’ time.

1.3.2 WHAT IS THE LEGAL BASIS FOR THE PROCESSING OF THE DATA?

The use of data is necessary for the correct management of commercial relations with customers. And also to comply with legal obligations.

In turn, the main legitimacy in the collection of data through the forms on this website is the express consent.

At any time, you can express your opposition to the use of your data and therefore leave without effect any type of management with the same being only your data blocked for the legally foreseen time.

1.3.3 THEY ARE GOING TO GIVE MY DATA.

Only, and as we have stated in the data collection and privacy policies of our websites, data will be transferred to group companies.

And only to non-group companies when such transfer is necessary for the provision of the requested service.

In the event of any non-payment, in the case of online sales through the web, we reserve the right to transfer data to registers of defaulters such as ASNEF or EXPERIAN.

As well as to Courts and Tribunals in the event of being required to do so or to initiate a legal claim.

1.3.4 FOR HOW LONG WE WILL KEEP YOUR PERSONAL INFORMATION..

We will only retain your information for as long as there is a contractual or business relationship between you and us. Or as long as you do not exercise any of the rights that make it impossible for us to keep your data.

There are data which by their nature are required by us to justify the business relationship (tax office) and therefore we must retain them even if you withdraw your consent.

1.3.5 HOW TO EXERCISE MY RIGHTS.

As a rights holder, you are in control of your data, and therefore you can exercise your rights at any time by sending us an e-mail to: cnivela@fonbuena.com.
The rights you can exercise are:

• Right to request access to personal data: you may ask FONBUENA SIGLO XXI S.L. whether we process your data.
• Right to request their rectification, provided they are collected incorrectly; and or request their deletion.
• The right to request the limitation of their processing.
• Right to object to the processing: We will stop processing your data, except for legal reasons.
• Right to data portability: You can ask us at any time to send your data to the merchant of your choice, by express request.

1.3.6 HOW CAN I APPLY FOR THE RIGHTS

At any time, you can send us an e-mail using the forms that the Spanish Data Protection Agency has on its website www.agpd.es with the request of your rights.

2. BASIC PRINCIPLES GOVERNING OUR PRIVACY POLICY

2.1 TRANSPARENCY

In this legal notice, we aim to make it fully understandable to you in an uncomplicated, easy-to-understand manner. If you do not understand anything in this disclaimer, please let us know by writing to us at cnivela@fonbuena.com.

2.2 CONFIDENTIALITY

All data provided by e-mail or electronic forms will be treated in accordance with current legislation on personal data protection, and in any case will be treated as confidential for FONBUENA SIGLO XXI S.L. staff who manage such information, as signed in the confidentiality contracts that our company regulates with its employees.

3. REMOVAL FROM THE INFORMATION DISTRIBUTION LIST

One of the data requested in the forms is the e-mail address, the purpose of this request is that occasionally, FONBUENA SIGLO XXI S.L. sends an e-mail notifying improvements, news or offers that occur on this website. You can unsubscribe at any time by sending an e-mail to FONBUENA SIGLO XXI S.L.: info@winkcondoms.es