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LEGAL NOTICE AND GENERAL TERMS AND CONDITIONS FOR THE USE OF

BLUE FACTORY TEAM S.L.U. WEBSITE 

 

https://www.mondraker.com/

 

1.      PURPOSE.

BLUE FACTORY TEAM S.L.U. is responsible for the website https://www.mondraker.com/In compliance with the obligations arising from Act 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE as per its Spanish acronym), we hereby provide all users with the following information regarding the website's terms and conditions for use.

Any individual accessing the website shall be considered a USER. USERS hereby undertake to observe and strictly comply with all the provisions included herein, in addition to any further legal provisions that may apply.

BLUE FACTORY TEAM S.L.U. reserves the right to modify any type of information that may be available at the website without requiring any prior notice or notification to users regarding these obligations, other than by publishing these on the website owned by BLUE FACTORY TEAM S.L.U.

 

2.      IDENTIFICATION DETAILS.

Please find below the identification details for the website owners: BLUE FACTORY TEAM S.L.U. was inscribed in Alicante Mercantile Register under volume 2680, folio: 77, sheet: a-78080, registration: 1 °.

BLUE FACTORY TEAM S.L.U.

Tax Id./ VAT/ EORI No.: ESB53789822.

Elche Parque Empresarial

C/Nicolás Copérnico 4

Postcode 03203, Elche (Alicante)-ESPAÑA

Telephone: (+34) 965 68 15 54

E-mail: infoweb@mondraker.com

Website: http://www.mondraker.com

 

 

3.      WEBSITE USE AND LIABILITY.

BLUE FACTORY TEAM S.L.U. provides USER with access to a wealth of information, services, programmes and data on the Internet belonging to either BLUE FACTORY TEAM S.L.U. or its licensors through their website. USERS assume all responsibility for using the website. Such liability shall include any registration that may be required in order to gain access to specific services or contents. USERS who decide to register shall also be responsible to provide truthful and legal information.

In the event of any USERS who are under age, these shall require prior consent from their parents or tutors before proceeding to enter their personal details into any forms available on this website. BLUE FACTORY TEAM S.L.U. shall accept no liability arising from non compliance with the above requirement.

BLUE FACTORY TEAM S.L.U. shall likewise refuse any liability arising from any information published in their website that may have been manipulated or introduced by any external third parties.

BLUE FACTORY TEAM S.L.U. hereby informs users that Cookies (small data files that the server sends to the User's computer when they access the website) may be used in their website to undertake specific functions that are considered essential for its correct operation and browsing. In either case, all Cookies used in this website are temporary, and only intended to provide more efficient subsequent transmissions before disappearing at the end of each user session. Under no circumstances shall we use Cookies to collect personal data.

From this website, Users may be redirected to third party website contents. However, it must be noted that BLUE FACTORY TEAM S.L.U. is unable to maintain constant control on the contents introduced by those third parties in their own websites. For that reason, we shall not accept any liability concerning such contents. In either case, BLUE FACTORY TEAM S.L.U. hereby expresses that they shall proceed to immediately remove any content that may be in breach of national or international legislation, moral values or the public order, by immediately removing any links to the affected website, in addition to reporting the relevant contents to the corresponding authorities.

USERS hereby undertake to make proper use of any contents and services offered by BLUE FACTORY TEAM S.L.U. in their website.

BLUE FACTORY TEAM S.L.U. shall not be held responsible regarding any information and/ or contents stored at, including but not limited to, their forums, chats, blog generators, comments, social media or any other means that may enable third parties to publish any comments independently on the website owned by BLUE FACTORY TEAM S.L.U.

Any USERS who may wish to include a hyper link to BLUE FACTORY TEAM S.L.U. 's website shall not incur in illegal or improper use contrary to the good faith of any information, services or products made available in the above website. More specifically, USERS who introduce a hyper link shall undertake to:

Avoid destroying, damaging or altering in any shape or form the contents, services or products made available to USERS from the website owned by BLUE FACTORY TEAM S.L.U.

Avoid stating that BLUE FACTORY TEAM S.L.U. shall assume the supervision of the hyper link or contents published in websites belonging to any USER who introduces a link thereto from BLUE FACTORY TEAM S.L.U. 's website to their own portal. BLUE FACTORY TEAM S.L.U. hall not be held liable in either case for any contents or services featured in USER's own website that may include a link or hyper link to the website owned by BLUE FACTORY TEAM S.L.U.

Avoid including the brand, commercial brand name or any distinctive signs belonging to BLUE FACTORY TEAM S.L.U. in their own website without prior consent.

However, and pursuant to the provisions included in articles 11 and 16 of the above LSSI-CE Act, BLUE FACTORY TEAM S.L.U. hereby shall remain fully available to all users, public authorities and law enforcement agencies, in order to actively collaborate by removing or, where applicable, blocking any contents that may affect or be in breach of national or international legislation, third party rights, moral values and public order. Should any User consider that any of our web contents may be subject to the above classification, we would appreciate if they could notify the website administrator as soon as possible.

Although this website has been checked and tested to ensure its correct operation, it may be taken down or altered without prior notice. In such cases, BLUE FACTORY TEAM S.L.U. shall not accept any liability from USER or any third parties for the above reasons. In spite of this, we may still guarantee a correct 24/7 operation 365 days a year in principle. However, BLUE FACTORY TEAM S.L.U. shall not guarantee the lack of issues arising from any development bugs, or force majeure situations, natural disasters, strikes, or similar circumstances that may prevent access to this website.

 

4.      PERSONAL DATA PROTECTION.

          BLUE FACTORY TEAM S.L.U. are fully committed to comply with the Spanish legislation in terms of personal data protection. For that reason, we strive to ensure a correct use and processing of all User personal data, as well as full compliance with any established obligations, in addition to the implementation of security measures pursuant to EU Regulation 2016/679 of the European Parliament and of the Council passed on 27th April 2016 on the protection of individuals with regards to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC in addition to Act 3/2018 passed on 5th December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD as per its Spanish acronym) .

BLUE FACTORY TEAM S.L.U. hereby makes its Privacy policy available to all its Users in order to inform them regarding the following aspects:

·        Data processing manager.

·        Details subject to processing.

·        File where these are stored.

·        Purposes for this processing.

·        Obligations, or lack thereof, to provide these, as well as the consequences arising from such breach.

·        User rights and entitlements, including how to exercise these.

Pursuant to the General Data Protection Regulation in addition to the Protection of Personal Data and Guarantee of Digital Rights Act, we hereby inform Users that all information provided by them shall be included in the automated files belonging to BLUE FACTORY TEAM S.L.U. for the purposes of administrative management of access requests and shipment of products and services, as well as to send notifications that may be of interest. Users are entitled to access this information and to cancel or rectify the data held by sending a request to our company's registered address. We hereby guarantee the adoption of the relevant measures in order to ensure a confidential processing of such data.

 

5.      INTELLECTUAL AND INDUSTRIAL PROPERTY.

           All elements comprising this website such as: text, images, commercial brands, logos, audio and video files, buttons, software files, colour schemes as well as its structure, selection, layout and presentation of all its contents are protected by Spanish and international Intellectual and Industrial property law. Likewise, and notwithstanding the above statement, all contents included in this website are also considered jointly as a computer programme and therefore, all related Spanish and European current legislation on the matter also applies. Any total or partial reproduction of this website and/ or any of its contents is strictly prohibited without prior express written consent from BLUE FACTORY TEAM S.L.U.

BLUE FACTORY TEAM S.L.U. is the owner, either by themselves or through concession, of all intellectual and industrial property rights that may apply to their Website. These include, but are not limited to, the development, editing, compiling, and further elements required for its operation, software, brands, logos, text, structure and design, selection of materials used, source code (HMTL and JavaScript) or, where applicable, they hold a valid license or express authorisation by the authors allowing their use. All website contents are duly protected by the intellectual and industrial property legislation in force, as well as inscribed in the corresponding public registers.

USERS hereby undertake to observe the intellectual and industrial property rights belonging to BLUE FACTORY TEAM S.L.U. They may view the elements included in the website and also print, copy and store them in their computer's hard disk or any other physical means, provided that these are intended solely and exclusively for their personal and private use.

All contents included in BLUE FACTORY TEAM S.L.U.'s website have been prepared and uploaded by:

·        BLUE FACTORY TEAM S.L.U. themselves, using internal and external sources. For that reason, BLUE FACTORY TEAM S.L.U. shall only be held responsible for those contents created in-house.

 

·        Through their collaboration or voluntary uploading of contents, USERS shall remain solely responsible of these, holding BLUE FACTORY TEAM S.L.U. expressly exempt from any liabilities that may arise thereof.

 

·        Any individuals or entities who are not related to BLUE FACTORY TEAM S.L.U. other than by collaborating or posting directly into their Website using links shall remain solely responsible for the contents introduced and shall hold BLUE FACTORY TEAM S.L.U. expressly exempt from any liabilities pursuant to Spanish legislation. 

 

6.      RIGHT OF EXCLUSION.

          BLUE FACTORY TEAM S.L.U. reserves the right to deny or remove access to their website and/or the services offered without prior notice, either at their own discretion or by request from a third party, to any Users that fail to comply with these provisions.

         

7.      GENERAL TERMS.

          BLUE FACTORY TEAM S.L.U. shall prosecute any Users who are in breach of these terms and conditions, as well as any inappropriate use of their website. We reserve the right to bring any civil or criminal lawsuits that may be applicable. 

 

8.      DISPUTE RESOLUTION AND APPLICABLE LEGISLATION.

           In the event of any controversies or issues concerning this website or any related activities, both BLUE FACTORY TEAM S.L.U. and USER, hereby agree to submit themselves expressly to Spanish legislation. Any conflicts arising from or related to its use shall be submitted to the Arbitration Court of Alicante (Spain), based at Alicante's Official Chamber of Commerce, Industry and Shipping (Spain), who shall be in charge of dealing with the relevant arbitration and designation of arbitrators, pursuant to their Regulations and Bylaws, which shall be resolved in conformity with the Spanish legislation.

 

9.      UNAUTHORISED USE.

           Users under 18 years of age must inform their parents or tutors regarding BLUE FACTORY TEAM S.L.U.'s Privacy Policy and its Terms and Conditions, and they shall be required to approve these.

Users of this Website undertake to avoid using it for illegal purposes or activities: they shall not be entitled to modify any of the materials included herein, or to copy, distribute, broadcast, introduce, carry out or, in general terms, reproduce in any shape or form, or publish, authorise or create any work based upon the information or contents included in our website https://www.mondraker.com/, including their agents, directors, subsidiaries and staff.

 

10. MODIFICATIONS.

           Our website may contain one or more typos. We reserve the right to modify our website contents without prior notice. Specifications, geometries or any other technical information published is subjetct to change without prior notice.

 

11. GUARANTEES AND LIMITED LIABILITY.

            BLUE FACTORY TEAM S.L.U. hereby disclaims all express or implied guarantees, including, but not limited to, any guarantee of merchantability and guarantee of fitness for a particular purpose. BLUE FACTORY TEAM S.L.U. shall not assume any liabilities over any exemplary, consequential, punitive, incidental, indirect or special damages arising from or relating to this Website, with or without the parties' actual or tacit knowledge of the damages that they may incur.

 

 

Version: June 2020.

 


PRIVACY POLICY OF BLUE FACTORY TEAM S.L.U. 

Website controller

BLUE FACTORY TEAM S.L.U.

Tax ID number B-53789822

Elche Parque Empresarial

Calle Nicolás Copérnico 4

03203, Elche, Alicante, SPAIN

Tel. 965 063 424

E-mail: infoweb@mondraker.com 

Website: http://www.mondraker.com 


          

  1. Gathering of personal information

           Through this notice, BLUE FACTORY TEAM S.L.U. informs USERS of its services (hereinafter, the USER or USERS) about its Personal Data Privacy Policy (hereinafter, the "Personal Data") in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the GDPR) and Personal Data Protection and Guarantee of Digital Rights Act 3/2018, of 5 December 2018 (the “LOPDGDD”), to allow USERS freely and voluntarily to decide whether they wish to provide BLUE FACTORY TEAM S.L.U., as data controller of this website, with any Personal Data that might be required of them or might be obtained from Users as a result of use of the services offered thereby.

 

            2. Use of personal information

            The Personal Data gathered will be subject to automated processing and be included in the corresponding automated filing systems by BLUE FACTORY TEAM S.L.U. (hereinafter, the "Filing Systems"). BLUE FACTORY TEAM S.L.U. provides USERS with appropriate technical resources allowing them first to access this notice as to its Personal Data Privacy Policy, or any other relevant information, so they can then grant their consent to allow BLUE FACTORY TEAM S.L.U. to proceed to perform automated processing of their Personal Data. Except in those fields indicated otherwise, the responses to the Personal Data questions are required, since a failure to respond would undermine the quality or quantity of the corresponding service, unless indicated otherwise. If the User decides not to provide their Personal Data, BLUE FACTORY TEAM S.L.U. will be unable to provide any of the services offered.

The USER guarantees that the Personal Data provided to BLUE FACTORY TEAM S.L.U. are accurate, and accepts responsibility for informing it of any modifications thereto.

The gathering and automated processing of Personal Data is for the purpose of maintaining any contractual relationship established with BLUE FACTORY TEAM S.L.U., the management, administration, provision, extension and improvement of any services to which the USER might decide to subscribe, register for or use, the adaptation of such services to the preferences and interests of Users, studies into the usage of services by the Users, the design of new services connected with such services, the sending of service updates, sending by traditional and electronic means of technical, operational and commercial information about the products and services offered by BLUE FACTORY TEAM S.L.U. and/or by third parties, at present and in the future. The purpose of the gathering and automated processing of Personal Data likewise includes the sending of survey forms, to which the USER is not obliged to reply.

The type of information we gather would include, among other elements, personal information such as name, address, date of birth, gender, email address, etc. We gather this information when you send it to us via the newsletter, contact forms, etc. 

Likewise, when you visit our Website we gather browsing data, using the typical programs to gather statistics, site visits, most viewed pages, users, countries, etc.

To organise events, generate statistics or for other website functions, and also to provide you with the services that we offer via the website.

To send you information and material by email about products, offers and news that we believe could be of interest to you, both with regard to our products and ourselves, and also those of our commercial partners. You will only be sent this information if you have authorised us to do so.

To analyse visits to the Website and ascertain the interests of those visiting us, both overall and individually, which will provide us with information allowing us to improve our products, services, functions and/or promotions of greatest potential interest to you.

Our Website and the information gathered are administered and controlled by BLUE FACTORY TEAM S.L.U. Personal information will be administered in accordance with the data protection legislation in force, and this privacy policy.

In order to keep your information safe, we have implemented various security measures. Your personal information is stored within a secure network, accessible only to a limited number of individuals with special access rights, who are required by us to keep the information confidential.

Nonetheless, whenever you provide personal information online, there is a risk that third parties outside our control could intercept and use that information. Although at BLUE FACTORY TEAM S.L.U. we strive to protect personal information and your privacy, we cannot guarantee the security of information that you disclose online under your own responsibility.


    3. Personal information security

          BLUE FACTORY TEAM S.L.U. has adopted the legally required Personal Data security protection levels, and will strive to install any other additional technical measures and resources available to it to avoid the loss, misuse, alteration, unauthorised access and theft of Personal Data provided to BLUE FACTORY TEAM S.L.U. USERS must nonetheless be aware that Internet security measures are not impregnable.

 

            4. Use of cookies

BLUE FACTORY TEAM S.L.U. uses cookies, which are automatically installed on the User's computer, to improve the service it provides to its Users. A cookie is simply a text file placed by a web page server on a computer's hard drive. Cookies cannot be used to run programs or transfer a virus to the User's computer and do not contain any type of information about Users, but simply contain technical information enabling reliable communication with BLUE FACTORY TEAM S.L.U.

However, USERS may at any time accept or reject cookies. Although most browsers automatically accept cookies, Users can instruct their browser to prevent the creation of cookies, although Users should be aware that sometimes disabling this function may hamper the proper functioning of the services provided by BLUE FACTORY TEAM S.L.U.

The cookies employed on this website are in all cases temporary, and serve solely for the purpose of achieving more effective subsequent transfer. Cookies will under no circumstances be used to gather personal information.

 

            5. IP addresses

            The website servers may automatically detect the IP address and domain name used by the User. An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is recorded in a duly registered server activity filing system which can subsequently process data in order to obtain purely statistical measurements which serve to establish the number of page views, the number of visits to web services, the order of visits, the point of access, etc.


            6. Transfer of data to third parties

BLUE FACTORY TEAM S.L.U. entirely rejects the practice of spamming, and never engages in such conduct. BLUE FACTORY TEAM S.L.U. only sends information to the email addresses provided by those registering as USERS on the website of BLUE FACTORY TEAM S.L.U. and who have therefore accepted the General Conditions and data protection policy for the sending of such information, or where applicable those who have been contacted by telephone and have given authorisation for such emails to be sent. BLUE FACTORY TEAM S.L.U. will likewise not allow the use of such practices by USERS, and will proceed to withdraw any services that might have been contracted with BLUE FACTORY TEAM S.L.U. while reserving the right to bring any relevant legal action.

BLUE FACTORY TEAM S.L.U. may, where applicable, transfer Personal Data to third parties. Where applicable, USERS must be duly notified of this circumstance in the Personal Data gathering forms, together with the identity of the transferring company and the third party in question, the type of activity it is engaged in, and the purpose for the transfer. USERS may at any time object to all or any of the aforementioned actions, by exercising their rights as detailed below.

We do not sell, trade or in any way transfer your personal information to third parties without first informing you, and act only in accordance with the legislation governing data protection. All members of our Group value the privacy and protection of your personal information, and we apply similar privacy policies. Your data may be transferred to partners hosting Websites and to third parties assisting us in the design and usage of the Website, the performance of services or analysis of the data gathered, while at all times respecting the privacy policy.

These third parties will use the data only for the purpose of performing the stated work, and we will demand they keep the information confidential. Beyond such cases, we will only disclose your data where legally so required.

 

            7. Exercise of USER rights

            USERS enjoy and may exercise rights of access, rectification, cancellation, objection, transparency, erasure, restriction and portability, and likewise enjoy the right to be informed of any transfers performed, by contacting BLUE FACTORY TEAM S.L.U.

USERS are responsible for the custody and safekeeping of their user credentials to avoid access to their account by unauthorised third parties.

Any USERS who decide at any time that BLUE FACTORY TEAM S.L.U. should not have any of their Personal Data, or wish to ascertain which Personal Data BLUE FACTORY TEAM S.L.U. has about them, or wish to modify or erase data in the Databases of BLUE FACTORY TEAM S.L.U., may contact BLUE FACTORY TEAM S.L.U. in person:

BLUE FACTORY TEAM S.L.U.

Tax ID number B-53789822

Elche Parque Empresarial

Calle Nicolás Copérnico 4

03203, Elche, Alicante, SPAIN

Tel. 965 063 424

E-mail: infoweb@mondraker.com 


 What exactly can you request?

Right of access: You can request information as to whether BLUE FACTORY TEAM S.L.U. is processing your personal data.

Right of rectification: You may request the rectification of your data if they are incorrect, or the erasure of your data.

Right of cancellation: You may request the cancellation of data, and in the event of any restriction, BLUE FACTORY TEAM S.L.U. will store your data with access duly blocked, solely to bring or defend against claims.

Right of objection: You may request that we no longer process the data in the stated manner, unless we would for legitimate reasons be required to continue processing the data, in which case we will explicitly state this circumstance.

Right to request the restriction of processing: You may at any time request that we restrict the processing of data in any of the following circumstances:

a. If you challenge the accuracy of the data processed, for the duration allowing BLUE FACTORY TEAM S.L.U. to ascertain their accuracy.

b. If the data processing is unlawful under the legislation in force and the data subject opts for restriction of use rather than erasure.

c. If the data subject requires their data to establish, exercise or defend against legal claims.

Right to data portability: This means that if data are processed in an automated manner, they would be returned or transferred to another company indicated by the User in a structured, machine-readable and commonly used format.

Right of erasure: You may request the deletion of your personal data, and BLUE FACTORY TEAM S.L.U. will be required to delete them without unjustified delay if:

a. The data are no longer needed in connection with the purposes for which they were gathered or processed.

b. The data subject withdraws the consent on which data processing was based, and there is no other legal basis for this.

c. The data subject opposes processing because it is for the purpose of direct product marketing.

d. The data have been unlawfully processed.

e. The data must be deleted to comply with an obligation at the EU and/or national level.


Users furthermore enjoy other rights, namely:

1. Right to withdraw the consent given: Users may withdraw the consent given for personal data processing for any specific purpose, whenever they should so wish, being required simply to contact us to exercise this right.

2. Right to lodge a complaint with the Supervisory Authority: Any User may contact the Supervisory Authority if they believe that BLUE FACTORY TEAM S.L.U. is processing their data incorrectly. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency, with registered office at Calle Jorge Juan, 6, 28001 Madrid, its contact telephone numbers being: 901 100 099 / 91 266 35 17.


            8. Compliance with this Personal Data Privacy Policy

            If the USER has any questions regarding this Personal Data Privacy Policy, they may simply contact BLUE FACTORY TEAM S.L.U.


            9. Modification of this Personal Data Privacy Policy

           BLUE FACTORY TEAM S.L.U. reserves the right to modify this Personal Data Privacy Policy in order to align it with any developments in legislation or case-law. In such circumstances, BLUE FACTORY TEAM S.L.U. will announce the changes made on this website reasonably in advance of their implementation.


            10. Contact information

BLUE FACTORY TEAM S.L.U. invites USERS here to submit their comments regarding this Personal Data Privacy Policy. Any USERS who believe that BLUE FACTORY TEAM S.L.U. does not comply with this Personal Data Privacy Policy should contact BLUE FACTORY TEAM S.L.U. by post, email or telephone.

 

            11. Links

            In order to improve the performance of our Website, we may include links to third parties to which this privacy policy does not apply, and that lie outside our control. Such sites must have their own separate privacy policy, and although we attempt to protect the integrity of our site,  BLUE FACTORY TEAM S.L.U. cannot accept responsibility or be deemed responsible for the content and activities of such sites. You therefore visit or access these sites under your own responsibility.

No link or email content may be established from any URL to the Website of BLUE FACTORY TEAM S.L.U.