Legal Notice - Eyepop Marketing Agency

The website https://eyepop.es (hereinafter, the “Website”) is the property of EYEPOP CREATIVE MARKETING, with address at Calle Perú 40, Esc.3 – 5C, 08018 Barcelona and Nie nº X1733831E.

In compliance with the provisions of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and to the free circulation of these data.

EYEPOP CREATIVE MARKETING, informs users of its website about its Personal Data Protection Policy (hereinafter PPDP), in accordance with Regulation (EU) 2016/679. In order for them to decide freely and voluntarily if they wish to provide the personal data requested on their website or the corresponding mobile application.

EYEPOP CREATIVE MARKETING, reserves the right to modify its PPDP according to its criteria, due to a legislative, jurisprudential or business practice change. If any modification is made, the new text will be published in this same link, where the user will be able to find out about the current PPDP. In any case, the relationship with users will be governed by the rules established at the precise moment the link is accessed.

EYEPOP CREATIVE MARKETING, is the owner of the database generated with the personal data provided by users in the different forms on the Web or the corresponding mobile application, and complies with current regulations. You consent that said data is processed by EYEPOP CREATIVE MARKETING, for the management of the services requested or contracted by you to EYEPOP CREATIVE MARKETING. You expressly consent that your personal data may be used to develop advertising or commercial prospecting actions, even through electronic means, products and services of our professional activity and the maintenance of a history of commercial relations, as long as you check the box for this purpose.

The purpose of these files is to provide more detailed and personalized information about the company, products or any questions or information that is requested, to manage the purchase process and services. No data is transferred to third parties, not understanding as transfer, the treatment that collaborating companies provide to EYEPOP CREATIVE MARKETING, in accordance with what is described in the Article. 28 of Regulation (EU) 2016/679.

The person in charge of the file undertakes to comply with the obligation of secrecy established in the applicable legislation, with respect to the personal data contained in the automated files. Likewise, the user is informed of the possibility of exercising their rights of access, rectification, deletion, portability and limitation or opposition by writing to the address of the Responsible, indicating “exercise data protection rights” or through the following electronic address : hello@EYEPOP CREATIVE MARKETING.es. The interested parties will have the right to withdraw the consent given at any time in accordance with the provisions of the Article. 7 of Regulation (EU) 2016/679. The withdrawal of consent will not affect the legality of the treatment based on the consent prior to its withdrawal.

If you have any information, suggestion or query to make on any subject related to the security of electronic commerce systems and/or the Personal Data Protection Policy, we would appreciate it if you could send an email to the address indicated above and, at ” Subject” write “Query Suggestion”.

If the reason for contacting EYEPOP CREATIVE MARKETING is a claim or complaint related to any violation of your privacy or a claim for security failures in your electronic commerce systems, you can send an email indicating in the “Subject” field the word “Claim” to the email account indicated above, or you can call us by phone at +34 688 228 629, on weekdays, from 10:00 a.m. to 1:00 p.m. Dos Setenta, undertakes to provide a solution to your claim or complaint within a period of 15 days, notifying itself by the means that you indicate. In the event that you do not agree with said solution, it will be the Data Protection Agency and, where appropriate, the Courts and Tribunals of Barcelona that have jurisdiction to resolve any dispute.

As established above, EYEPOP CREATIVE MARKETING will not be responsible, in any case, for any kind of damage that could be caused to Internet users by the website https://eyepop.es, for counterproductive actions that could occur, described in the previous paragraphs.

1. Object

EYEPOP CREATIVE MARKETING supplies the content and services that are available on the Website, subject to these General Conditions of Use as well as the policy on personal data processing (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any way grants you the qualification of “User” and implies unreserved acceptance of each and every one of these General Conditions of Use, reserving EYEPOP CREATIVE MARKETING. the right to modify them at any time. Consequently, it will be the responsibility of all Users to carefully read the General Conditions of Use in force on each of the occasions in which they access this Website, so if they do not agree with any of the provisions herein, You must refrain from using this Website.

Likewise, you are warned that, on occasions, particular conditions may be established for the use of specific content and/or services on the Website, the use of said content or services implies acceptance of the particular conditions specified therein.

2. Services

Through the Website, EYEPOP CREATIVE MARKETING offers Users the possibility of accessing: information about the services offered (hereinafter the “Services”).

3. Privacy and Data Processing

When it is necessary to provide personal data for access to certain content or services, Users will guarantee its veracity, accuracy, authenticity and validity. EYEPOP CREATIVE MARKETING will give said data the corresponding automated treatment depending on its nature or purpose, in the terms indicated in the Data Protection Policy.

4. Industrial and Intellectual Property

The User acknowledges and accepts that all the contents displayed on the Website and, in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial use and/or commercial are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and / or any other elements inserted in the page, which are the exclusive property of EYEPOP CREATIVE MARKETING and/or third parties, who have the exclusive right to use them in economic traffic. For all these reasons, the User agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping EYEPOP CREATIVE MARKETING harmless from any claim arising from breach of such obligations. In no case does access to the Website imply any type of waiver, transmission, license or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by EYEPOP CREATIVE MARKETING or the third party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any existing intellectual creation on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as rights copyright by copyright law. EYEPOP CREATIVE MARKETING is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, in any case, it has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor registered by any information retrieval system, in any form or by any means, unless prior authorization is obtained, by writing, of the aforementioned Entity.

It is also prohibited to delete, evade and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights stated and to avoid any action that could harm them, reserving in any case EYEPOP CREATIVE MARKETING the exercise of any means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the User of the Website

The User agrees to:

Make appropriate and lawful use of the Website as well as the contents and services, in accordance with: (I) the applicable legislation at all times; (II) the General Conditions of Use of the Website; (III) morality and generally accepted good customs and (IV) public order.
Provide yourself with all the means and technical requirements that are necessary to access the Website.
Provide truthful information by filling in the forms contained on the Website with their personal data and keeping them updated at all times so that they respond, at all times, to the actual situation of the User. The User will be solely responsible for the false or inaccurate statements made and the damages caused to EYEPOP CREATIVE MARKETING or third parties due to the information provided.

Notwithstanding the provisions of the previous section, the User must also refrain from:

Make unauthorized or fraudulent use of the Website and/or its contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the services or documents, files and all kinds of content stored on any computer equipment.
Access or attempt to access resources or restricted areas of the Website, without meeting the conditions required for such access.
Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
Introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of EYEPOP CREATIVE MARKETING, its suppliers or third parties.
Attempt to access, use and/or manipulate the data of EYEPOP CREATIVE MARKETING, third-party providers and other Users.
Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of EYEPOP CREATIVE MARKETING or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
Obtain and attempt to obtain the content using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the content is located or, in general, on those that are habitually used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.
In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
In any way, it is contrary, disparages or violates the fundamental rights and public liberties recognized constitutionally, in International Treaties and in the rest of the current legislation.
Induce, incite or promote criminal, denigrating, defamatory, violent or, in general, actions contrary to the law, morality, generally accepted good customs or public order.
Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
Incorporate, make available or allow access to criminal, violent, offensive, harmful, degrading or, in general, products, elements, messages and/or services that are contrary to the law, morality and generally accepted good customs or public order .
Induce or may induce an unacceptable state of anxiety or fear.
Induce or incite to engage in practices that are dangerous, risky or harmful to health and mental balance.
(vii) It is protected by the legislation on intellectual or industrial protection belonging to EYEPOP CREATIVE MARKETING or to third parties without the intended use having been authorized.
Is contrary to honor, personal and family privacy or the image of people.
Constitute any type of advertising.
Include any type of virus or program that prevents the normal functioning of the Website.

If you are provided with a password to access some of the services and/or contents of the Website, you undertake to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, agreeing not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or contents by outsiders. Likewise, you are obliged to notify EYEPOP CREATIVE MARKETING of any event that may lead to improper use of your password, such as, without limitation, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as you do not make the previous notification, EYEPOP CREATIVE MARKETING will be exempt from any liability that may arise from the improper use of your password, being your responsibility any illegal use of the contents and / or services of the Website by any illegitimate third party.

If you negligently or willfully fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise from said breach for EYEPOP CREATIVE MARKETING.

6. Responsibilities

EYEPOP CREATIVE MARKETING does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained in the EYEPOP CREATIVE MARKETING pages, which may be prevented, hindered or interrupted by factors or circumstances beyond its control.

EYEPOP CREATIVE MARKETING is not responsible for the decisions that may be taken as a result of access to the content or information offered.

EYEPOP CREATIVE MARKETING may interrupt the service or immediately terminate the relationship with the User if it detects that use of its Website or any of the services offered on it are contrary to these General Conditions of Use. EYEPOP CREATIVE MARKETING does not is responsible for damages, losses, losses, claims or expenses derived from the use of the Website. It will only be responsible for eliminating, as soon as possible, the content that may generate such damage, provided that it is notified. In particular, it will not be responsible for the damages that could be derived, among others, from:

interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or for any other cause beyond the control of EYEPOP CREATIVE MARKETING .
Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
Improper or inappropriate abuse of the Website.
Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of EYEPOP CREATIVE MARKETING reserve the right to withdraw, totally or partially, any content or information present on the Website.

EYEPOP CREATIVE MARKETING excludes any liability for damages of any kind that may be due to the misuse of the services freely available and used by Website Users. Likewise, EYEPOP CREATIVE MARKETING is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of consultation and doubt services. On the other hand, in case of causing damages due to an illegal or incorrect use of said services, the User may be claimed by EYEPOP CREATIVE MARKETING for the damages or losses caused.

You will defend, indemnify and hold EYEPOP CREATIVE MARKETING harmless against any damages arising from claims, actions or demands from third parties as a result of your access or use of the Website. Likewise, you agree to indemnify EYEPOP CREATIVE MARKETING against any damages and losses, which derive from the use by you of “robots”, “spiders”, “crawlers” or similar tools used in order to collect or extract data or of any other action on your part that imposes an unreasonable burden on the operation of the Website.

7. Hyperlinks

The User undertakes not to reproduce in any way, not even through a hyperlink or hyperlink, the EYEPOP CREATIVE MARKETING website as well as any of its contents, unless expressly authorized in writing by EYEPOP CREATIVE MARKETING.

The EYEPOP CREATIVE MARKETING website includes links to other websites managed by third parties, in order to facilitate User access to information from collaborating and/or sponsoring companies. In accordance with this, EYEPOP CREATIVE MARKETING is not responsible for the content of said websites, nor is it in a position of guarantor or/or party offering the services and/or information that may be offered to third parties through the links. from third parties.

The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. The websites that include a link to our Website.

They may not imply that EYEPOP CREATIVE MARKETING recommends that website or its services or products.

They may not misrepresent their relationship with EYEPOP CREATIVE MARKETING or affirm that EYEPOP CREATIVE MARKETING has authorized such a link, nor include brands, denominations, trade names, logos or other distinctive signs of EYEPOP CREATIVE MARKETING may not include content that could be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal
may not link to any page of the website other than the main page must link to the address of the website itself, without allowing the website that makes the link to reproduce the website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website. Website.

EYEPOP CREATIVE MARKETING may request, at any time, to remove any link to the Website, after which it must proceed immediately to remove it. EYEPOP CREATIVE MARKETING cannot control the information, content, products or services provided by other websites that have established links to the Website.

Consequently, EYEPOP CREATIVE MARKETING does not assume any type of responsibility for any aspect related to such websites.

8. Data protection

To use some of the Services, Users must previously provide certain personal data. For this, EYEPOP CREATIVE MARKETING will automatically process the Personal Data. For this, the User can access the policy followed in the treatment of personal data as well as the establishment of the previously established purposes, as provided in the conditions defined in the Data Protection Policy https://eyepop.es/en/privacy-policy – and – https://eyepop.es/en/cookie-policy that presents the Website.

9. Cookies

EYEPOP CREATIVE MARKETING reserves the right to use “cookie” technology on the Website, in order to recognize you as a frequent User and personalize your use of the Website by pre-selecting your language, or more desired or specific content. The “cookies” used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and their computer, and do not provide the user’s personal data on their own.

Cookies are files sent to a browser through a Web server to record the User’s browsing on the Website, when the User allows their reception. In turn, you can delete the “cookies” for which you must consult the instructions for use of your browser.

Thanks to cookies, it is possible for EYEPOP CREATIVE MARKETING to recognize the browser of the computer used by the User in order to provide content and offer browsing or advertising preferences that the User, to the demographic profiles of the Users as well as to measure the visits and traffic parameters, control the progress and number of entries.

10. Duration and termination

The provision of the service of this Website and the other services have, in principle, an indefinite duration. However, Dos Setenta may terminate or suspend any of the portal services. Whenever possible, EYEPOP CREATIVE MARKETING will announce the termination or suspension of the provision of the specific service.

11. Declarations and Guaratees

12. Force majeure

EYEPOP CREATIVE MARKETING will not be responsible in any case in case of impossibility to provide service, if this is due to prolonged interruptions of the electrical supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

13. Resolution of disputes. Governing Law and Jurisdiction

These General Conditions of Use, as well as the use of the Website, will be governed by Spanish law. Any controversy will be resolved before the courts of Barcelona.

In the event that any stipulation of these General Conditions of Use is unenforceable or null by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, said unenforceability or nullity will not make these General Conditions of Use enforceable or null as a whole. In such cases, EYEPOP CREATIVE MARKETING will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.

In addition, we remind you that you can access the online dispute resolution platform of the European Union by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

14. Various

EYEPOP CREATIVE MARKETING reserves the right to make any modifications it deems appropriate on its Web page without prior notice.

EYEPOP CREATIVE MARKETING, reserves the right to deny or withdraw the possibility of access to its Web to the user who fails to comply with the conditions of use of the same, indicated in this Legal Notice, exercising, where appropriate, the civil and criminal actions that correspond. EYEPOP CREATIVE MARKETING, is not responsible, in any case, for damages of any kind that could be caused by errors and / or omissions in the contents, availabilities, virus transmissions, malicious programs, etc. that could occur, despite having adopted the measures of all kinds that we have considered necessary and appropriate to avoid this type of circumstance.

In case of controversy or claims, they will be resolved in advance between the parties. In the event of not reaching an agreement, the parties agree to submit to the Courts and Tribunals of Barcelona (Barcelona).

If you are still looking for more information, you can send us an email to: hello@eyepop.es