Legal Terms - Eyepop Marketing Agency
The website https://eyepop.es (hereinafter, the “Website”) is property of EYEPOP MARKETING AGENCY, 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 the free circulation of this data.
EYEPOP MARKETING AGENCY, informs the users of its website about its Personal Data Protection Policy (hereinafter PPDP), in accordance with Regulation (EU) 2016/679. With the purpose that they decide freely and voluntarily if they wish to provide the personal data requested on their website, or to the corresponding mobile application.
EYEPOP MARKETING AGENCY reserves the right to modify its PPDP according to its discretion, due to a legislative, jurisprudential or business practice change. If any modification is introduced, the new text will be published in this same link, where the user can be informed of the current PPDP. In any case, the relationship with users will be governed by the rules established at the precise moment in which the link is accessed.
EYEPOP MARKETING AGENCY 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 be processed by EYEPOP MARKETING AGENCY, for the management of the services requested or contracted by you from EYEPOP MARKETING AGENCY. You expressly consent that your personal data may be used to develop advertising or commercial prospecting actions, including through electronic means, products and services of our professional activity and the maintenance of a history of commercial relationships, as long as you check the box intended 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 purchasing process and services. No data is transferred to third parties, not understanding as transfer, the treatment that collaborating companies provide to EYEPOP MARKETING AGENCY, in accordance with what is described in the Article. 28 of Regulation (EU) 2016/679.
The person responsible for 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 Controller, indicating “exercise data protection rights” or through the following email address: hello@eyepop..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, suggestions or queries to make on any issue related to the security of electronic commerce systems and/or the Personal Data Protection Policy, we would appreciate it if you send an email to the address indicated above and, at “ Subject” type “Query Suggestion”.
If the reason for contacting EYEPOP MARKETING AGENCY was a claim or complaint that was related to any violation of your privacy or a claim for failures in the security of 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 us by the means you indicate. If 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 MARKETING AGENCY will not be responsible, in any case, for any type of damage that may be caused to Internet users by the website.https://eyepop.es, for any counterproductive actions that may occur, described in the previous paragraphs.
EYEPOP MARKETING AGENCY supplies the content and services that are available on the Website, subject to these General Conditions of Use as well as the policy on the processing of personal data (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, with EYEPOP MARKETING AGENCY being reserved. the right to modify them at any time. Consequently, it will be the responsibility of every User to carefully read the General Conditions of Use in force each time they access this Website, so if they do not agree with any of them provided here, 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.
Through the Website, EYEPOP MARKETING AGENCY 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 to access certain content or services, Users will guarantee its veracity, accuracy, authenticity and validity. EYEPOP MARKETING AGENCY will give said data the corresponding automated processing based on its nature or purpose, under the terms indicated in the Data Protection Policy.
4. Industrial and Intellectual Property
The User acknowledges and accepts that all content shown on the Website and, in particular, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible to industrial use and/or commercial are subject to Intellectual Property rights and all brands, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted on the page, which are the exclusive property of EYEPOP MARKETING AGENCY and/or third parties, who have the exclusive right to use them in economic traffic. For all these reasons, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding EYEPOP MARKETING AGENCY harmless from any claim arising from non-compliance with 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 otherwise expressly established. These General Conditions of Use of the Website do not confer upon Users any other right to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its Contents other than those expressly provided for here. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by EYEPOP MARKETING AGENCY or the third party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a multimedia artistic work, are protected as rights. copyright by intellectual property legislation. EYEPOP MARKETING AGENCY 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, 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 recorded by any information retrieval system, in any form or by any means, unless prior authorization is obtained, by writing, of the aforementioned Entity.
Likewise, it is 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 all cases EYEPOP MARKETING AGENCY the exercise of any legal means or actions appropriate to it in defense of its legitimate intellectual and industrial property rights.
5. Obligations and Responsibilities of the Website User
The User undertakes to:
- Make appropriate and lawful use of the Website as well as the contents and services, in accordance with: (I) the legislation applicable at all times; (II) the General Conditions of Use of the Website; (III) generally accepted morality and good customs and (IV) public order.
- Provide yourself with all the means and technical requirements necessary to access the Website.
- Provide truthful information by completing the forms contained on the Website with your personal data and keeping them updated at all times so that they respond, at all times, to the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and for any damage caused to EYEPOP MARKETING AGENCY or third parties due to the information provided.
Notwithstanding what is established in the previous section, the User must also refrain from:
- Make unauthorized or fraudulent use of the Website and/or the 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 the documents, files and all types 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 on the network that are likely to cause damage to the physical or logical systems of EYEPOP MARKETING AGENCY of its suppliers or third parties.
- Attempt to access, use and/or manipulate the data of EYEPOP MARKETING AGENCY, 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 MARKETING AGENCY 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. Contents.
- Obtain and attempt to obtain the contents 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 contents are found or, in general, from those that are commonly used on the Internet because they do not entail a risk of damage or disabling of the website and/or its contents.
- In particular, and by way of merely indicative and non-exhaustive purposes, 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 to, belittles or attacks fundamental rights and public freedoms recognized constitutionally, in International Treaties and in the rest of the current legislation.
- Induces, incites or promotes actions that are criminal, denigratory, defamatory, violent or, in general, contrary to the law, morality, generally accepted good customs or public order.
- Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition
- Incorporate, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order .
- Induces or may induce an unacceptable state of anxiety or fear.
- Induces or incites involvement in practices that are dangerous, risky or harmful to health and mental balance.
(vii) It is protected by legislation on intellectual or industrial protection belonging to EYEPOP MARKETING AGENCY or third parties without the intended use having been authorized.
- Be contrary to honor, personal and family intimacy or people’s own image.
- Constitute any type of advertising.
- Include any type of virus or program that prevents the normal functioning of the Website.
If to access some of the services and/or content of the Website, you will be provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its adequate custody and confidentiality, committing 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 MARKETING AGENCY of any event that may involve improper use of your password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation. Consequently, until the previous notification is made, EYEPOP MARKETING AGENCY will be exempt from any liability that may arise from the improper use of your password, and any illicit use of the contents and/or services of the Website by any illegitimate third party will be its responsibility.
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 failure to EYEPOP MARKETING
EYEPOP MARKETING AGENCY does not guarantee continued access, nor the correct viewing, downloading or use of the elements and information contained in the EYEPOP MARKETING AGENCY pages, which may be prevented, difficult or interrupted by factors or circumstances that are beyond its control.
EYEPOP MARKETING AGENCY is not responsible for any decisions that may be taken as a result of access to the content or information offered.
EYEPOP MARKETING AGENCY may interrupt the service or immediately terminate the relationship with the User if it detects that any use of its Website or any of the services offered therein is contrary to these General Conditions of Use. EYEPOP MARKETING AGENCY does not is responsible for damages, losses, claims or expenses derived from the use of the Website. You will only be responsible for eliminating, as soon as possible, the content that may cause such damage, provided that it is notified. In particular, it will not be responsible for any damages that may arise, among others, from:
- interferences, 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 by any other cause beyond the control of EYEPOP MARKETING AGENCY .
- illegitimate intrusions through the use of malicious programs of any type and through any means of communication, such as computer viruses or any others.
- 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 it. The administrators of EYEPOP MARKETING AGENCY reserve the right to withdraw, totally or partially, any content or information present on the Website.
EYEPOP MARKETING AGENCY 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 MARKETING AGENCY is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, these being only for the provision of consultation and doubt services. On the other hand, in the event of causing damages due to illicit or incorrect use of said services, the User may be claimed by EYEPOP MARKETING AGENCY for the damages or losses caused.
You will defend, indemnify and hold EYEPOP MARKETING AGENCY harmless against any damages arising from claims, actions or demands of third parties as a result of your access to or use of the Website. Likewise, you agree to indemnify EYEPOP MARKETING AGENCY against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or of any other action on your part that imposes an unreasonable burden on the operation of the Website.
The User agrees not to reproduce in any way, not even through a hyperlink or hyperlink, the EYEPOP MARKETING AGENCY Website or any of its contents, unless expressly authorized in writing by EYEPOP MARKETING AGENCY.
The EYEPOP MARKETING AGENCY Website includes links to other websites managed by third parties, in order to facilitate the User’s access to information from collaborating and/or sponsoring companies. In accordance with this, EYEPOP MARKETING AGENCY is not responsible for the content of said websites, nor is it in a position of guarantor or/or provider of 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. Websites that include a link to our Website
- They may not imply that EYEPOP MARKETING AGENCY recommends that website or its services or products.
- They may not misrepresent their relationship with EYEPOP MARKETING AGENCY or state that EYEPOP MARKETING AGENCY has authorized such a link, nor include trademarks, names, trade names, logos or other distinctive signs of EYEPOP MARKETING AGENCY.
- They may not include content that may 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.
- they may not link to any page of the Website other than the main page
- must link to the Website address 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 MARKETING AGENCY may request, at any time, that you remove any link to the Website, after which you must immediately proceed to its removal. EYEPOP MARKETING AGENCY cannot control the information, content, products or services provided by other websites that have established links to the Website.
Consequently, EYEPOP MARKETING AGENCY 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. To do this, EYEPOP MARKETING AGENCY will process Personal Data in an automated manner. To do this, the User can access the policy followed in the processing 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/cookie-policy presented by the Website.
EYEPOP MARKETING AGENCY 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 preselecting your language, or more desired or specific content. The “cookies” used by the Website, or the third party acting on its behalf, are associated only with an anonymous user and their computer, and do not provide the user’s personal data.
Cookies are files sent to a browser through a Web server to record the User’s navigation on the Website, when the User allows their reception. At the same time, 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 MARKETING AGENCY to recognize the computer browser used by the User in order to provide content and offer the 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. When possible, EYEPOP MARKETING AGENCY will announce the termination or suspension of the provision of the specific service.
11. Representations and Warranties
In general, the contents and services offered on the Website are purely informative. Consequently, by offering them, EYEPOP MARKETING AGENCY does not grant any guarantee or representation in relation to the contents and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, veracity, accuracy, or merchantability, except to the extent such representations and warranties cannot be excluded by law.
12. Force majeure
EYEPOP MARKETING AGENCY will not be responsible in any case in case of impossibility of providing service, if this is due to prolonged interruptions of the electricity 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. Dispute resolution. Applicable 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 void under the applicable legislation or as a consequence of a judicial or administrative resolution, such unenforceability or nullity will not make these General Conditions of Use enforceable or invalid. null as a whole. In such cases, EYEPOP MARKETING AGENCY will proceed to modify or replace said stipulation with another that is valid and enforceable and that, to the extent possible, achieves the objective and intention reflected in the original stipulation.
In addition, we remind you that you can access the European Union’s online dispute resolution platform by following this link:https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
EYEPOP MARKETING AGENCY, reserves the right to make, without prior notice, any modifications it deems appropriate on its website.
EYEPOP MARKETING AGENCY, reserves the right to deny or withdraw the possibility of access to its Website to the user who fails to comply with the conditions of use thereof, indicated in this Legal Notice, exercising, where appropriate, the civil and criminal actions that may be imposed. correspond. EYEPOP MARKETING AGENCY is not responsible, in any case, for damages of any kind that may be caused by errors and/or omissions in the content, availability, transmission of viruses, malicious programs, etc. that could occur, despite having adopted all kinds of measures that we have considered necessary and appropriate to avoid this type of circumstances.
In case of controversy or claims, they will be resolved beforehand between the parties. In the event of no agreement being reached, the parties agree to submit to the Courts and Tribunals of Barcelona (Barcelona)