1. PURPOSE AND GENERAL INFORMATION
Company Name: BOBOLI, S.A.
Trading Name: BOBOLI
Registered Address: A7 Llinars Park, Calle de la Física, nº 18-20, CP 08450, Llinars del Vallès, Barcelona (Spain.
Tax code: A08697898
Registered: Barcelona Business Register in volume 4673, folio 64, sheet 50419, entry 1ª
Website address: www.boboli.es
1.2. This Legal Notice governs the access and use of the websiteof BOBOLI. Notwithstanding the foregoing, the use of spaces or services contained within the website may be subject to other conditions of use. In this case, they must also fulfil the conditions that apply to them, of which they will be duly informed.
1.3. BOBOLIreserves the right, at any time, to complete, modify or replace the present Legal Notice, as well as any other general or specific conditions, with the understanding that the mere publication of these changes on the website serves as notification. For this, we ask the User to carefully read them each time they access the website, refraining from using the website if they do not agree with any of the established conditions.
2. USER'S RIGHTS AND OBLIGATIONS
2.2. To access the services of boboli.es, the User must be of adult age and have full capacity to act and to enter into contracts.
2.3. The use of the services offered on boboli.es implies that the User agrees to comply with the requirements of the mentioned services and the Legal Notice for boboli.es.
2.4. The User who enters boboli.es commits to complying with this Legal Notice and the particular instructions of use that are displayed at all times. Likewise, they undertake to always act in accordance with the law, conducting themselves properly and in good faith, using the diligence that is appropriate to the nature of the service in question. Thus, the User will not be able to modify or change any of the content on boboli.es with the exception of the data that the User has introduced, nor shall they in any way bring harm to its integrity or functioning.
2.5. BOBOLIis able to remove or suspend access to boboli.es for the User who breaches any of the obligations set out in this Legal Notice. The User who voluntarily breaches any of the previous obligations shall be responsible for all of the damages toBOBOLI that result from such breaches.
3. EXCLUSION OF LIABILITY
3.1. BOBOLI reserves the right to discontinue access to boboli.es, as well as the provision of any or all of the services provided through it at any time, without prior notice, for technical, security, control or maintenance reasons, because of failure of electrical supply, or for any other reason.
3.2. BOBOLI takes no responsibility for the decisions taken based on the information provided on the website, or for damages to the User arising from this information.
3.3. BOBOLI takes no responsibility for damages of any type to the User resulting from failures in connection to the telecommunication networks that result in the suspension, cancellation or interruption of the internet service or from force majeure or unforeseeable circumstances.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
4.1. ll the features and content on boboli.es and each of the products, along with the images, photographs, texts, music, sounds, videos, documents, drawings, figures, logos and any other material, in any format, published on boboli.es (including the menus, web pages, graphics, colours, diagrams, tools, characters, website design, charts, structure, the selection, ordering and presentation of the content, methods, processes, functions and computer programmes that form part of boboli.es) are protected by copyright and the other intellectual and industrial property rights that apply to BOBOLI, S.A.
Likewise, the website is considered to be a computer programme and, as such, is also protected by the legislation on intellectual and industrial property rights.
Access to the website or receiving the condition of User does not mean the granting of licences or authorisation with regard to the mentioned intellectual and industrial property rights.
4.2. The User will not reproduce, transform, modify, disassemble, perform reverse engineering, distribute, hire, loan, make available, allow access to the public through any means of public communication, or carry out any other act prohibited by the regulations in terms of the intellectual and industrial property relating to any of the elements mentioned in the point 4.1, except with the express permission of BOBOLI. The User must use the materials, features, content and information they access through the use of boboli.es solely for their own needs, with the obligation not to make either direct or indirect commercial exploitation of the mentioned elements.
5. CONTENT WARNING
5.1. BOBOLI has taken all the measures at its disposal to avoid content being published boboli.es that describes or represents scenes or situations of physical or psychological violence, or those that, according to the Users of boboli.es, may be considered damaging to civic values, human rights or the dignity of people in any of their forms or expressions.
5.2. BOBOLI does not guarantee that the content on boboli.es is suitable or lawful in countries other than Spain. Nevertheless, in the case that the mentioned content is considered unlawful or illegal in some of those countries, we ask you to avoid entering our website. If you decide to enter the website anyway, we inform you that you will be considered solely, exclusively and totally responsible for the use you decide to make of the services provided on boboli.es.
5.3. BOBOLI has also taken all of the appropriate precautions for the purposes of assuring Users that the content of boboli.es is maintained and does not contain information that is incorrect or that is not up to date relative to the date of publication on the website (and, as far as possible, subsequently).
5.4. Although BOBOLI attempts to do everything possible to guarantee continuous access to its website, the dynamic nature of the internet and of its content may not allow boboli.es to operate without interruptions or discontinuities due to the need to update the website. BOBOLI cannot guarantee to its Users that the website will operate continuously and without interruptions, errors, or defective operation due to the internet connection. For any problem that arises during the use of boboli.es, get in touch with our Customer Services or send a message by email to firstname.lastname@example.org. Someone from BOBOLI will be available to provide you with assistance and help you to restore the functionality of your access to the website, whenever possible.
5.5. BOBOLI has taken the appropriate technical and organisational measures to safeguard the security of its services on boboli.es and the integrity of the data relating to electronic traffic and communication, protecting it against unauthorised use and knowledge; it has also taken measures to avoid the risks of the spreading, destruction or loss of data or information, reserved or non-reserved, relating to the Users present on boboli.es, as well as measures to block unauthorised access to this information, or that which does not comply with the current legislation and regulation.
5.6. Users are entirely responsible for their conduct when accessing the information on the website during the time they browse it, as well as after accessing it. For this reason, Users are the only ones responsible to BOBOLI and third parties for:
- the possible consequences of the use of any of the web content developed by BOBOLI or otherwise, published under its official name or otherwise, with purposes or effects that are unlawful or that contrary to this document.
- as well as the possible consequences of the use of the website that is contrary to the content of this document and is a breach of the interests or rights of third parties, or which may in any way harm, disable or damage the website or its services, or impede the normal enjoyment of other Users.
5.7. BOBOLI reserves the right to update the content whenever it sees fit, as well as deleting it, limiting it or preventing access to it, temporarily or permanently, and denying access to the website to Users who misuse the content and/or breach any of the conditions that appear in the present document.
6. LINKS TO AND FROM OTHER WEBSITES
6.1. Boboli.es may contain hyperlinks (also known as “links”) with other websites that may have no relationship at all with boboli.es or with BOBOLI.
6.2. The purpose of these links is to help the User during their searches and browsing, as well as to speed up the connection to other websites. The activation of the links does not imply any recommendation or suggestion by BOBOLI in terms of accessing these websites or browsing their pages, nor does it make any guarantee with regard to their content or the services or goods they supply and sell to internet users.
6.3. BOBOLI does not monitor the mentioned websites or their content, and neither can it carry out activities to monitor them. BOBOLI cannot be considered responsible for the content of these websites or the rules they adopt with respect to the privacy of the User or the processing of their personal data while they browse them.
6.5. Users and, in general, those persons who propose the establishment of a hyperlink between their website and this website (hereafter, the “Hyperlink”) will have to secure the express authorisation of BOBOLI and meet the following conditions:
- The Hyperlink will only permit access to the home page or start page of the website, or the specific point BOBOLI authorises;
- No frame will be created around the website's pages;
- They will not make false, inaccurate or incorrect declarations or statements about BOBOLI, its management, people or products;
- They will not declare or give the impression that BOBOLI has authorised the hyperlink or that it has overseen or in any form taken on the services offered or placed at the disposal of the website to which the hyperlink leads;
- With the exception of those that form part of the same Hyperlink, the website to which the Hyperlink leads will contain no brand, commercial name, company sign, name, logo, slogan or other distinctive symbol belonging to BOBOLI.
- The website to which the hyperlink leads will contain no content or information that is unlawful, contrary to generally accepted morals, proper conduct or public order, or content that breaches any third-party rights.
The establishment of a Hyperlink in no case implies the existence of a relationship between BOBOLI and the owner of the website to which it leads, nor does it imply the acceptance or approval on the part of BOBOLI of its content or services.
7. DATA PROTECTION AND PRIVACY
7.1. Ownership of the data that is processed:
7.1.1. In compliance with what is established under Organic Law 15/1999 of 13th December on the Protection of Personal Data, we inform Users that their personal data and other information facilitated through any form existing on boboli.es, that arises from the transactions carried out, and any that is obtained or facilitated by the User subsequently, will be included and stored for its processing in a file or files for which BOBOLI has responsibility.
7.1.2. BOBOLIundertakes to conduct itself with absolute respect andconfidentiality in the collecting and processing of the User’s personal data, declaring its commitment not to transfer the data to third parties in any case without the prior consent of its owners, unless they are necessary as part of a legal and/or contractual obligation.
7.2. Use and purpose of the processing of data of a personal nature
7.2.1.The User's personal data may be processed for the following purposes:
i. General processing: This will be dedicated principally to purposes related to general administration, maintenance, compliance, development, control and management of the User’s relationship with us.
ii. Register and Boboli Club: The User must be over eighteen years old to be able to register, provide their details and, where appropriate, contract with us. Once registered, in the private area you may, among other things, view your order history, receive discounts and promotions for being a member, etc. Likewise, if you mark the checkbox that enables this, with your registration your personal data may be used to: send you advertising for our products and/or services and/or those of third parties related to the textile, clothing and shoes sectors or similar; to send you advertising about our own activities and/or those of third parties related to our sector, such as, for example, but not exclusively, training and workshops; as well as for the performance of quality studies and surveys. You may also be sent advertising via electronic means, such as email or similar.
iii. Contact us: The data will be used to manage your contact with us, whether for a query, to provide your opinion or for any other reason.
iv. Franchises: Data will be used for general administration, maintenance, compliance, development, control and management of the franchisee’s or future franchisee’s relationship with us.
v. Newsletter: With regard to the personal data provided in relation to the newsletter we inform you and you expressly consent for them to be included in a file or files kept by BOBOLI for the purposes of: sending you advertising for our products and/or services and/or those of third parties related to the textile, clothing and shoes sector or similar; sending you advertising about our own activities and/or those of third parties related to our sector such as, for example, but not exclusively, training and workshops; as well as the performance of quality studies and surveys. You may also be sent advertising via electronic means, such as email or similar.
vii. Human resources: If you send us your CV, your data will be used with the principal aim of managing and selecting personnel. If we have not answered two months after the date of receipt, you may presume that we have not accepted your application and we inform you that we will keep your details for a period of time of less than two years, in case, in the future, we see that you match one of the existing employment profiles.
viii. Similarly, your data may be processed and/or communicated to third parties for the fulfilment of the existing legal and/or contractual obligations.
7.2.2. The possibility exists that BOBOLI may process and/or manage the personal details of third parties that have been transmitted or transferred directly by the Users of BOBOLIthemselves (for example: acquisition on the part of the User of a product to be delivered to a friend; gift voucher; settlement of the purchase price of the product by a different person to the recipient of the mentioned article; advertising by the User to a friend of a service available on the website boboli.es or notification of the offer of sale of a specific product). In cases such as the foregoing BOBOLIwill inform the third party in question about the content of Law 15/1999 on the Protection of Personal Data when they register their details in the file, although the User guarantees that, beforehand (whether in previous cases or any other that may exist), they have informed them and requested their consent for the purposes set out here.
7.2.3. BOBOLIreserves the right to cancel a User's account and all the related data in the case of detecting orjudging content to be unlawful, damaging or harmful to the image of BOBOLIand/or its products or those of third parties, as well as content that is offensive or incites, encourages or publicises illegal or defamatory activities, content of a pornographic or violent nature, or which encourages discrimination for reasons of race, ethnicity, sex, creed or sexual orientation.
7.2.4. Compliance with data protection law: BOBOLImeets all of the requirements established in the current regulations in terms of the protection of personal data, and all of the data that is our responsibility is processed in accordance with the legal requirements.
7.2.5. In view of this, we understand that, when providing your data you expressly authorise us to process it in accordance with the above.
7.3. Obligatory nature of the transmission of data
7.3.1. The data BOBOLI requests from the User may have an obligatory nature; in other cases, it is discretional.
7.3.2. In each case, the obligatory or discretional nature of the transmission of data will be specified – in connection with the personal data requested – for the purpose of the processing and/or collection of this information, with the obligatory fields identified using an asterisk (*).
7.3.3. The possible failure to provide the data corresponding to compulsory fields to BOBOLI will impede the achievement and/or the scope of the main purpose of the data collection. On the other hand, not providing these details to BOBOLI could, for example, make it impossible to complete any purchase order of the products on sale on the website boboli.es and to use other services available on the website.
7.3.4. BOBOLI presumes that the details have been entered by their owner or a person authorised by them, as well as that they are correct and precise. It falls to the User to update their own details by entering the section My Account on boboli.es. The User is, therefore, responsible for the veracity of their personal data; BOBOLI shall not be responsible for the possible inaccuracy of the personal data of Users.
7.4. Rights of the User
7.4.1. The User may at any time exercise their rights to access, rectification, opposition and cancellation by writing to BOBOLI, A7 Llinars Park, Calle de la Física, número 18-20, 08450, Llinars del Vallès (Barcelona, Spain), or by sending an email to the address that appears in the first clause, including, whichever method is chosen, a copy of the ID card or equivalent identifying document of the owner of the data.
8.1. BOBOLI will facilitate the use of personal passwords to the User that registers on boboli.es. These passwords will be used for accessing services on boboli.es that are exclusively for registered Users. A password is a code that only the User knows and is personal and non-transferrable.
8.2. The User has sole responsibility for keeping their password in the strictest and most complete confidentiality, and is therefore responsible for the damages and consequences of any kind that result from the breaking of the password or the revelation of the secret.
8.3.The password may be changed by the User at any time. The User undertakes to immediately notify BOBOLI, providing proof, of any unauthorised use of their password, its access by unauthorised third parties, loss, theft or similar that may put the confidentiality of the password at risk.
9.1.In regard to cookies, we ask the User to consult our “Cookies Policy”.
10. SECURITY MEASURES
10.1. BOBOLI ensures the absolute confidentiality and privacy of the personal details collected and, for this reason, security measures, both technical and organisational, have been adopted that guarantee the confidentiality of the same, in order to avoid their alteration, loss, processing and unauthorised access and thereby guarantee their integrity and security, especially those foreseen in Royal Decree 1720/2007 of 21st December, which approves the regulation developed in Organic Law 15/1999, of 13th December, on the Protection of Personal Data.
10.2. To guarantee security, BOBOLI uses the most suitable security measures in relation to the technical state of the art. Nevertheless, it cannot guarantee that incidents will not arise as a result of an attack on or unauthorised access of the systems in a manner that is impossible to detect through the installed security measures, or through a lack of diligence by the User in terms of the storing and safekeeping of their access codes or their personal data.
11. JURISDICTION AND APPLICABLE LAW
11.1. The present Legal Notice is subject to the jurisdiction of Spanish law. For cases in which the legislation foresees the possibility of the parties submitting themselves to a court, both parties, with express renunciation of any other jurisdiction that may apply to them, are subject to the jurisdiction of the judges and courts of the city of Barcelona (Spain).