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Legal Notice and General Conditions

LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSIte www.aphexgear.com

 

  1. GENERAL INFORMATION

In compliance with the duty of information provided in Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information data of this website are provided below :

The ownership of this website, www.aphexgear.com , (hereinafter, Website) is held by: APHEX INTERNATIONAL BV , registered under : KVK 74526472,  Breda, The Netherlands

 

Address: Boutensstraat 18, 1819HJ, Breda, The Netherlands

Contact phone: 00335(0)603511686

Contact email: contact@aphexgear.com


  1. TERMS AND CONDITIONS OF USE

 

The object of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter , Conditions ) is to regulate the access and use of the Website. For the purposes of these Conditions, the Website will be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated in both the screen interfaces and in the navigation tree (hereinafter, Contents) and all those services or online resources that may be offered to Users (hereinafter, Services).

APHEXGEAR.COM reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time APHEXGEAR.COM may interrupt, deactivate and / or cancel any of these elements that are integrated into the Website or access to them.   

Apart from the cost of connection through the telecommunications network provided by the access provider, and that the User has contracted, some of the Contents or Services offered by APHEXGEAR.COM or, where appropriate, third parties through the Website may be subject to the previous contracting of the Content or Service, in which case it will be clearly specified and / or the corresponding General or Particular Conditions for which this is governed will be made available to the User.  

The use of any of the Content or Services of the Website may be made by subscribing or registering the User.

 

The user

The access, navigation and use of the Website, as well as the spaces enabled to interact between the Users, and the User and APHEXGEAR.COM, such as comments and / or blogging spaces, confer the condition of User, so We accept, from the beginning of the navigation through the Website, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance according to the case. Given the relevance of the foregoing, the User is recommended to read them each time he visits the Website. 

The APHEXGEAR.COM Website provides a great diversity of information, services and data. The User assumes his responsibility to make proper use of the Website. This responsibility will extend to:  

  • A use of the information, Contents and / or Services and data offered by COM without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of third parties or the same functioning of the Website.  
  • The veracity and legality of the information provided by the User in the forms issued by COM for access to certain Content or Services offered by the Website. In any case, the User will immediately notify APHEXGEAR.COM about any event that allows the misuse of the information recorded in said forms, such as, but not only, theft, loss, or unauthorized access to identifiers. and / or passwords, in order to proceed with their immediate cancellation.    

APHEXGEAR.COM reserves the right to withdraw all comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or childhood, the order or public safety or that, in his opinion, would not be suitable for publication. 

In any case, APHEXGEAR.COM will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.  

The mere access to this Website does not imply any commercial relationship between  and the User.  

The User declares to be of legal age and have sufficient legal capacity to be bound by these Conditions. Therefore, this APHEXGEAR.COM Website is not intended for minors. APHEXGEAR.COM declines any responsibility for breach of this requirement.    

The Website is aimed primarily at Users residing in Spain. APHEXGEAR.COM does not ensure that the Website complies with laws of other countries, either totally or partially. If the User resides or has his domicile in another place and decides to access and / or navigate on the Website he will do so at his own responsibility, he must ensure that such access and navigation complies with the local legislation that is applicable, not assuming APHEXGEAR.COM any liability that may arise from such access.    

 

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND RESPONSIBILITY

APHEXGEAR.COM does not guarantee the continuity, availability and usefulness of the Website, or of the Contents or Services. APHEXGEAR.COM will do everything possible for the proper functioning of the Website, however, it is not responsible or warrant that access to this Website will not be uninterrupted or that it is free from error.   

Nor is it responsible or guaranteed that the content or software that can be accessed through this Website, is free from error or causes damage to the User's computer system (software and hardware). In no case will APHEXGEAR.COM be liable for losses, damages or damages of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the virus introduction.  APHEXGEAR.COM.   is not responsible for any damages that may be caused to users due to improper use of this Website. In particular, it is not responsible in any way for the falls, interruptions, lack or defect of telecommunications that may occur. 

 

  1. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation APHEXGEAR.COM undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.  

 

Laws that incorporate this privacy policy

This privacy policy is adapted to current Spanish and European regulations regarding the protection of personal data on the Internet. Specifically, it respects the following standards:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of these data (GDPR).
  • Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD).
  • Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
  • Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).

 

Identity of the person responsible for the processing of personal data

The person in charge of the treatment of the personal data collected in APHEXGEAR.COM is:  Your contact details are as follows:        APHEX INTERNATIONAL BV , registered under : KVK 74526472,  Breda, The Netherlands

 

Address: Boutensstraat 18, 4819HJ, Breda, The Netherlands

Contact phone: 972 281 160; 600 731 455 

Contact email: contact@aphexgear.com

 

Data Protection Delegate (DPD)

The Data Protection Delegate (DPD, or DPO) is responsible for ensuring compliance with the data protection regulations to which APHEXGEAR.COM

 is subject . The User can contact the DPD designated by the Treatment Manager using the following contact information: contact@aphexgear.com  

 

Registration of Personal Data

The personal data collected by APHEXGEAR.COM , through the forms extended on its pages, will be entered in an automated file under the responsibility of the Data Controller , and duly declared and registered in the General Registry of the Data Protection Agency that can be consult the website of the Spanish Agency for Data Protection ( http://www.agpd.es ), in order to facilitate, expedite and fulfill the commitments established between APHEXGEAR.COM and the User or the maintenance of the relationship that is established in the forms that it completes, or to attend a request or consultation of the same.   

 

Principles applicable to the processing of personal data

The processing of the User's personal data will be subject to the following principles set forth in Article 5 of the GDPR:

  • Principle of legality, loyalty and transparency: the consent of the User will be required at all times prior completely transparent information of the purposes for which personal data is collected.
  • Principle of limitation of purpose: personal data will be collected for specific, explicit and legitimate purposes.
  • Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
  • Principle of accuracy: personal data must be accurate and always updated.
  • Principle of limitation of the term of conservation: the personal data will only be maintained in a way that allows the identification of the User for the time necessary for the purposes of their treatment.
  • Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
  • Principle of proactive responsibility: The person responsible for the treatment will be responsible for ensuring that the above principles are met.

 

Personal data categories

The categories of data that are treated in APHEXGEAR.COM are only identifying data. In no case, special categories of personal data are treated within the meaning of Article 9 of the GDPR.  

 

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. APHEXGEAR.COM undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.  

The User will have the right to withdraw their consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, withdrawal of consent will not condition the use of the Website.

In the occasions in which the User must or can provide his data through forms to make inquiries, request information or for reasons related to the content of the Website, he will be informed in case the completion of any of them is mandatory because they are essential for the proper development of the operation performed.

 

Purposes of the treatment to which the personal data are destined

The personal data are collected and managed by APHEXGEAR.COM in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fill out or to meet A request or inquiry.  

Likewise, the data may be used for a commercial, personalization and operational purpose, and activities of the corporate purpose of APHEXGEAR.COM, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as improve the quality, operation and navigation of the Website. 

When the personal data is obtained, the User will be informed about the specific purpose or purposes of the treatment to which the personal data will be used; that is, the use or uses that will be given to the information collected.

 

Periods of retention of personal data

Personal data will only be retained for the minimum time necessary for the purposes of its treatment and, in any case, only during the following period: 2 years, or until the User requests its deletion. 

When the personal data is obtained, the User will be informed about the period during which the personal data will be kept or, when that is not possible, the criteria used to determine this period.

 

Recipients of personal data

The personal data of the User will be shared with the following recipients or categories of recipients:

APHEX INTERNATIONAL BV, Boutensstraat 18, 4819HJ, Breda, The Netherlands

In the event that the Data Controller intends to transfer personal data to a third country or international organization, at the time the personal data is obtained, the User will be informed about the third country or international organization to which the intention to transfer the data, as well as the existence or absence of a decision of adequacy of the Commission.

 

Personal data of minors

Respecting the provisions of articles 8 of the GDPR and 13 of the RDLOPD, only those over 14 years of age may grant their consent for the treatment of their personal data in a lawful manner by APHEXGEAR.COM . If it is a child under 14 years of age, the consent of the parents or guardians will be necessary for the treatment, and this will only be considered lawful to the extent that they have been authorized. 

Secrecy and security of personal data

APHEXGEAR.COM undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to guarantee the security of personal data and avoid accidental destruction, loss or alteration. or unlawful personal data transmitted, preserved or otherwise processed, or unauthorized communication or access to such data. 

The Website has an SSL (Secure Socket Layer) certificate , which ensures that personal data is transmitted securely and confidentially, as the data is transmitted between the server and the User, and in feedback, fully encrypted or encrypted .

However, because APHEXGEAR.COM cannot guarantee the impregnability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to communicate to the User without undue delay when a violation of the security of personal data that is likely to pose a high risk to the rights and freedoms of natural persons. Following the provisions of article 4 of the GDPR, it is understood as a violation of the security of personal data any breach of security that causes the accidental, unlawful or unlawful destruction, loss or alteration of personal data transmitted, kept or otherwise treated, or unauthorized communication or access to such data.    

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and guarantee through a legal or contractual obligation that said confidentiality is respected by his employees, associates, and any person to whom the information.

 

Rights derived from the processing of personal data

The User has about APHEXGEAR.COM and may, therefore , exercise the following rights recognized in the GDPR before the Data Controller:  

  • Right of access : It is the right of the User to obtain confirmation of whether COM is treating their personal data or not and, if so, to obtain information about their specific personal data and of the treatment that APHEXGEAR.COM has performed or performs , as well as, among other things, the information available on the origin of said data and the recipients of the communications made or planned for them.    
  • Right of rectification : It is the right of the User to modify their personal data that prove to be inaccurate or, taking into account the purposes of the treatment, incomplete.
  • Right of deletion (“the right to be forgotten”) : It is the right of the User, provided that the current legislation does not establish otherwise, to obtain the deletion of their personal data when they are no longer necessary for the purposes for which they were collected or treated; the User has withdrawn his consent to the treatment and this does not have another legal basis; the User opposes the treatment and there is no other legitimate reason to continue with it; personal data has been treated illegally; personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a child under 14 years old. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its application, must take reasonable measures to inform those responsible for processing the personal data of the interested party's request to delete any link to that personal data
  • Right to limit the processing : It is the right of the User to limit the processing of their personal data. The User has the right to obtain the limitation of the processing when he challenges the accuracy of his personal data; the treatment is illegal; the Data Controller no longer needs personal data, but the User needs it to make claims; and when the User has opposed the treatment.
  • Right to data portability : In the event that the processing is carried out by automated means, the User will have the right to receive from the Person Responsible for the processing their personal data in a structured format, for common use and mechanical reading, and to transmit them to another responsible of treatment Whenever technically possible, the Data Controller will directly transmit the data to that other person in charge.
  • Right of opposition : It is the right of the User not to carry out the processing of their personal data or to cease the processing of them by COM. 
  • Right not to be the subject of a decision based solely on automated processing, including profiling : It is the right of the User not to be subject to an individualized decision based solely on the automated processing of their personal data, including profiling, existing unless the current legislation establishes otherwise.

Thus, the User may exercise their rights through written communication addressed to the Responsible for the treatment with the reference " GDPR www.aphexgear.com ", specifying: 

  • Name, surname of the User and copy of the ID. In cases where the representation is admitted, identification by the same means of the person representing the User will also be necessary, as well as the document proving the representation. The photocopy of the DNI may be substituted, by any other means valid in law that proves the identity.
  • Request with the specific reasons for the request or information that you want to access.
  • Address for the purpose of notifications.
  • Date and signature of the applicant.
  • Any document that accredits the request you make.

This application and any other attached document may be sent to the following address and / or email:

Postal address: APHEX INTERNATIONAL BV, Boutensstraat 18, 4819HJ, Breda, The Netherlands

Email: APHEXGEAR.COM 

Links to third party websites

The Website may include hyperlinks or links that allow access to websites of third parties other than APHEXGEAR.COM , and therefore are not operated by APHEXGEAR.COM . The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.  

 

Claims before the supervisory authority

In the event that the User considers that there is a problem or violation of the regulations in force in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a claim with a control authority, in particular, in the State in which you have your habitual residence, place of work or place of the alleged infringement. In the case of Spain, the control authority is the Spanish Agency for Data Protection ( http://www.agpd.es ).

 

Acceptance and changes in this privacy policy

It is necessary that the User has read and is in accordance with the conditions on the protection of personal data contained in this Privacy Policy, as well as that he accepts the processing of his personal data so that the Responsible for the processing can proceed to it in the form, during the deadlines and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.

APHEXGEAR.COM reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Agency for Data Protection. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is recommended to check this page periodically to be aware of the latest changes or updates. 

This Privacy Policy was updated on June 6, 2018 to adapt to 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 treatment of personal data and the free circulation of this data (GDPR).

 

  1. COOKIES POLICY

Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User - in the different devices that you can use to navigate - so that the server remembers certain information that later and only the server that implemented it will read. Cookies facilitate navigation, make it more friendly, and do not damage the navigation device.

Cookies are automatic procedures for collecting information related to the preferences determined by the User during his visit to the Website in order to recognize him as a User, and personalize his experience and use of the Website, and may also, for example, help to identify and solve errors.

The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time that has been on the Website and the sites visited just before and after it. However, no cookie allows it to be contacted with the User's phone number or any other means of personal contact. No cookie can extract information from the user's hard disk or steal personal information. The only way for the User's private information to be part of the Cookie file is for the user to personally give that information to the server.

Cookies that identify a person are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, the User's consent will be necessary to use them. This consent will be communicated, based on an authentic choice, offered through an affirmative and positive decision, before the initial, removable and documented treatment.

 

Own cookies

Are those cookies that are sent to the User's computer or device and managed exclusively by APHEXGEAR.COM for the best functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies allow us to recognize the User as a recurring visitor to the Website and adapt the content to offer content that fits their preferences.  

 

Third party cookies

These are cookies used and managed by external entities that provide with services requested by it to improve the Website and the user experience when browsing the Website. The main objectives for which third-party cookies are used are to obtain access statistics and analyze navigation information, that is, how the User interacts with the Website.  

The information obtained refers, for example, to the number of pages visited, the language, the place to which the IP address from which the User accesses, the number of Users who access, the frequency and recidivism of visits, the visit time, the browser they use, the operator or type of device from which the visit is made. This information is used to improve the Website, and detect new needs to offer Users a Content and / or service of optimum quality. In any case, the information is collected anonymously and trend reports are prepared from the Website without identifying individual users.

You can obtain more information about cookies, information about privacy, or consult the description of the type of cookies used, their main characteristics, expiration period, etc. in the following link (s):

Google Analytics - https://developers.google.com/analytics 

The entity ( s) responsible for the provision of cookies may (n) transfer this information to third parties, as long as required by law or a third party to process this information for those entities.

 

Social Network Cookies

APHEXGEAR.COM incorporates social networking plugins, which allow them access to from the Website. For this reason, social network cookies can be stored in the User's browser. The owners of these social networks have their own data protection and cookie policies, being themselves, in each case , responsible for their own files and their own privacy practices. The User must refer to them to learn about these cookies and, where appropriate, the processing of their personal data. For information purposes only, the links in which these privacy and / or cookie policies can be consulted are indicated below: 

Facebook: https://www.facebook.com/policies/cookies/ 

Twitter: https://twitter.com/privacy 

Instagram: https://help.instagram.com/1896641480634370?ref=ig 

Youtube: https://policies.google.com/privacy?hl=en&gl=mx 

Google+: https://policies.google.com/technologies/cookies?hl=en 

Pinterest: https://policy.pinterest.com/privacy-policy 

LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies 

 

Disable, reject and delete cookies

The User can disable, reject and delete the cookies - totally or partially - installed on his device through the configuration of his browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this sense, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must go to the instructions provided by the Internet browser itself that he is using. In the event that you reject the use of cookies - totally or partially - you may continue to use the Website, although you may have limited use of some of its services.

 

Changes to the Cookies Policy

It is possible that the Website Cookies Policy changes or is updated, so it is recommended that the User review this policy each time they access the Website in order to be properly informed about how and for what we use cookies.

 

SAW. LINK POLICY

It is reported that the APHEXGEAR.COM Website makes or may make available to Users means of linking (such as, among others, links, banners, buttons), directories and search engines that allow Users to access belonging websites and / or managed by third parties.  

The installation of these links, directories and search engines on the Website is intended to make it easier for Users to search for and access the information available on the Internet, without considering a suggestion, recommendation or invitation to visit them. .

APHEXGEAR.COM does not offer or market itself or through third parties the products and / or services available on such linked sites. 

Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.

In no case will APHEXGEAR.COM cts and services, contents, files and any other material existing in the aforementioned linked sites. 

APHEXGEAR.COM does not assume any responsibility for the damages that may be caused by the access, use, quality or legality of the contents, communications, opinions, products and services of the websites not managed by APHEXGEAR.COM and that are linked in this Website.   

The User or third party that makes a hyperlink from a web page of another, different, website to the APHEXGEAR.COM Website should know that:  

The reproduction - totally or partially - of any of the Contents and / or Services of the Website is not allowed without the express authorization of APHEXGEAR.COM. 

No false, inaccurate or incorrect statements are allowed on the APHEXGEAR.COM Website , nor on the Contents and / or Services thereof. 

With the exception of the hyperlink, the website on which said hyperlink is established will not contain any element of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorized by APHEXGEAR.COM . 

The establishment of the hyperlink will not imply the existence of relations between APHEXGEAR.COM and the owner of the website from which it is made, nor the knowledge and acceptance of APHEXGEAR.COM of the contents, services and / or activities offered on said website, and vice versa.    


VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

APHEXGEAR.COM by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, brands or logos, combinations of colors, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.) They will, therefore, be works protected as intellectual property by arrangement Spanish law, being applicable both the Spanish and community regulations in this field, as well as international treaties related to the subject and signed by Spain. 

All rights reserved. Under the provisions of the Law on Intellectual Property, the reproduction, distribution and public communication, including its method of making available, of all or part of the contents of this website, commercial confines, are expressly prohibited. any support and by any technical means, without the authorization of APHEXGEAR.COM. 

The User undertakes to respect the intellectual and industrial property rights of APHEXGEAR.COM . You can view the elements of the Website or even print, copy and store them on your computer's hard drive or on any other physical medium as long as it is exclusively for your personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was installed on the Website. 

In the event that the User or third party considers that any of the Contents of the Website supposes a violation of the rights of protection of intellectual property, they must immediately notify APHEXGEAR.COM through the contact details of the GENERAL INFORMATION section of This Legal Notice and General Conditions of Use.  

 


VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

APHEXGEAR.COM reserves the right to file civil or criminal actions it deems necessary for the improper use of the Website and Contents, or for breach of these Conditions. 

The relationship between the User and  APHEXGEAR.COM  will be governed by current regulations and applicable in the Spanish territory. If any dispute arises in relation to the interpretation and / or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction by submitting to the corresponding judges and courts according to law.  

Last modified: September 20, 2018