Legal warning | 4Elementos

Corporate
Shopping guide
Legal
Contact
- clientes@4elementos.es
- Teléfono: +34 988 604 526

1. Website owner

In compliance with the duty of disclosure provided for in article 10 of the prevailing Law 34/2002 of July 11 on E-commerce and Information Society Services, we inform you that the party responsible for this website where different applications can be downloaded is:

Corporate name: TDR 4ELEMENTOS S.L
Tax ID No.: B32438699
Registered address: : CALLE SAMUEL EIJAN, 13 BJ32003 - OURENSE (Ourense)
Contact phone: 988 604 526 (Monday-Friday de 11:00 a 14:00)
Email address: contabilidad@4elementos.es // info@4elementos.es
Trade Registry of Ourense, Sheet OR-13868, Volume 838, Page 91.
Trademark before the Spanish Patents and Trademarks Office (OEPM): Record
TDR 4ELEMENTOS S.L website:
Main website: www.4elementos.es

2. Protection of personal data

Contact details of the data controller

Corporate name: TDR 4ELEMENTOS S.L
Tax ID No.: B32438699
Registered address: : CALLE SAMUEL EIJAN, 13 BJ32003 - OURENSE (Ourense)
Contact phone: 988 604 526 (Monday-Friday de 11:00 a 14:00)
Email address: contabilidad@4elementos.es // info@4elementos.es

2.1. Contact details of the Data Protection Officer (DPO)

In accordance with article 37 of GDPR 2016/679, no DPO is required.

2.2. Privacy Policy - Duty of Disclosure in accordance with GDPR 679/2016.

EThe customer, by agreeing to provide their data in the contact forms of this website, in accordance with the provisions set forth in this paragraph of the legal notice, EXPRESSLY DECLARES AND STATES THAT:

The customer expressly authorizes the entity TDR 4ELEMENTOS S.L. with address at CALLE SAMUEL EIJAN, 13 BJ, 32003 - OURENSE (Ourense) to collect and process the personal data of the signatory or the person who acts as a legal representative or guardian of a minor. The customer also states that they have been appropriately informed about the table below in relation to the right set forth in art. 13 of the GDPR.

Basic information on data protection, customer data file

DATA CONTROLLER:

TDR 4ELEMENTOS S.L

INTENDED PURPOSE:

Management of the data entered in the data collection forms on the website.
Sending advertising.

D.P.O. (DATA PROTECTION OFFICER)

In accordance with article 37 of GDPR 2016/679, no DPO is required.

LEGAL STANDING

Consent of the data subject.

RECIPIENTS OF DATA TRANSFERS

Same-group companies.
No data shall be transferred unless it is needed in order to comply with the requested service.
Data shall only be transferred if required by law.
Tax and accounting consultants. (If items are purchased through the website).

RIGHTS

Right to request access to the data subject's personal data,
Right to request that data be corrected or deleted,
Right to request that data processing be restricted,
Right to object to the processing of data,
Right to data portability;

ADDITIONAL INFORMATION

You can check our privacy policy at: www.4elementos.es

HOW TO EXERCISE YOUR RIGHTS

Request our forms to exercise your rights at: (customer’s address provided in section 2.1) www.agpd.es

Minors aged under 16 are prohibited from providing their data in our data collection forms, as this contravenes art. 8 GDPR. If the consent of a minor is required, the person with parental authority and/or guardianship over the minor must provide said details, and therefore consent to the collection of their data.

This data protection policy may change over time due to possible changes in the law or legal precedents, or changes to the criteria followed by the Spanish Data Protection Agency and/or the competent authority at any time. That is why TDR 4ELEMENTOS SL reserves the right to amend this legal notice in order to adapt it to any legal developments or new legal precedents that are in effect at the precise time when the websites are accessed, as well as to adapt it to industry practices. We ask you to review this legal notice on a regular basis.

2.2.1. WHAT DO WE USE YOUR DATA FOR?

The information you provide us is solely used to manage the services and products you request. We will also provide you with information about updates, products and new services through the means you indicate to do so: email, postal address, cell phone calls and text messages.

Using your details, we have created a customer profile to offer you products tailored to your needs. That way we don't waste our customers' time.

2.2.2. WHAT IS THE LEGAL BASIS FOR PROCESSING DATA?

The use of data is necessary for the correct management of our business relationships with our customers. It is also used to comply with legal obligations.

Likewise, the main ground for legal standing in the collection of data through the forms on this website is the customer’s express consent.

You can object to the use of your data any time and therefore void any type of data handling; under such circumstances, your data will only be blocked for the legally provided term.

2.2.3. WILL MY DATA BE TRANSFERRED?

As stated in the data collection documents and in privacy policies of our websites, data will only be transferred to group companies.

However, we will transfer data to other non-group companies if this is required to provide the requested service.

In the event of non-payment, if the relevant sale was performed online through our website, we reserve the right to transfer your data to lists of defaulters such as ASNEF or EXPERIAN.

We may also pass on your data to the appropriate courts of law if required to do so or in order to file a judicial claim.

2.2.4. HOW LONG WILL YOU KEEP MY PERSONAL INFORMATION FOR?

We will only keep your information while there is a contractual or commercial relationship between us, or provided you do not exercise any of the rights that will make it impossible for us to keep your data.

Even if you withdraw your consent, there is certain data that we must retain due to its nature, as it is required by the Tax Authorities to justify our commercial relationship with you.

2.2.5. HOW CAN I EXERCISE MY RIGHTS?

As a rights holder, you are in control of your data, and therefore you can exercise your rights at any time by sending an email to: contabilidad@4elementos.es or info@4elementos.es

The rights that you can exercise are the following:

Right to request access to personal data: You can ask TDR 4ELEMENTOS S.L. whether we process your data.
Right to request that data be corrected (provided the data collected is incorrect); and/or request that it be deleted.
Right to request that data processing be restricted.
Right to object to the processing of data: We will stop processing your data, except for legal reasons.
Right to data portability: You can ask us at any time to send your data to the company of your choice by means of an express request.

2.2.6. HOW CAN I REQUEST MY RIGHTS?

You can send us an email at any time using the forms that the Spanish Data Protection Agency provides on its website www.agpd.es to request your rights.

3. Basic principles that govern our privacy policy

3.1 Transparency

We want this legal notice to be easy to understand, so its contents are completely clear to you. If you do not understand something included here, please let us know by contacting contabilidad@4elementos.es.

3.2. Confidentiality

All data provided by email or by electronic forms will be processed in accordance with current regulations on personal data protection. In any case, the TDR 4ELEMENTOS S.L. personnel who manage said information will treat it as confidential, pursuant to the confidentiality agreements between our entity and our employees regulating such matters.

4. Unsubscribing from the information distribution list

One of the details requested in our forms is your email address; the purpose of this request is to occasionally send you emails to notify you of website improvements, updates or offers. You can unsubscribe at any time by sending an email to TDR 4ELEMENTOS S.L.

5. Users’ liability for use and content

Users are solely liable for access to the websites and use of the information and contents included therein.

Therefore, any use of the information, images, contents, and/or products included in and accessible through the website will be subject to the regulations that apply at national or international level, as well as to the principles of good faith and lawful use by the Users, who will be solely liable for such access and correct use.

Users will be required to make reasonable use of the services or content, following the principle of good faith, and pursuant to current law, ethics, public order, good practices and rights of third parties or of TDR 4ELEMENTOS S.L., in accordance with the potential use and purposes for which they were intended. TDR 4ELEMENTOS S.L. assumes no liability, either direct or indirect, for consequential damage or loss of profits arising from the misuse of services or content by Users or third parties.

6. Concept of user

Use of the Website by any individual confers upon them the status of User, and it implies their full acceptance, without reservation, of all the provisions included in this Legal Notice, as per the version published by TDR 4ELEMENTOS S.L. at the time the User accesses the website. Consequently, the User must carefully read this Legal Notice each time they intend to use the Website, as it may have been amended.

7. Official language of the website

The legally established language is Castilian Spanish; therefore, when translating this Legal Notice into any other language, the original Spanish clauses must be understood as binding, both in the Legal Notice and in the Service Conditions.

8. Social networks

TDR 4ELEMENTOS S.L. has or may have profiles in the main social networks. In all the networks where it is present, it is responsible for processing the data its users and/or followers have included in the profile of the company.

TDR 4ELEMENTOS S.L. may process this data as indicated by the social network for business profiles pursuant to their social network policies. Thus, TDR 4ELEMENTOS S.L. will be able to inform its followers by any means the social network allows about its activities, new products, actions and events as well as personalized customer care service offers. TDR 4ELEMENTOS S.L. will not extract data from social networks, unless there is prior and express consent from the User.

Under no circumstances will TDR 4ELEMENTOS S.L. be liable for the processing of your data. You provide your express consent for us to process your data through the social network and are entitled to revoke said consent via the same social network.

9. Information about links

TDR 4ELEMENTOS S.L. is not liable for websites that do not belong to it that can be accessed through links or for any content made available by third parties.

Any use of a link or access to a website that does not belong to the company is done voluntarily and at the exclusive risk of the User. TDR 4ELEMENTOS S.L. neither recommends nor guarantees any information obtained through a link external to TDR 4ELEMENTOS S.L., and does not accept liability for any loss, claim, or damage arising from the use or misuse of a link, or the information obtained through it, including other links or websites, interruptions in service or access, or attempts to use or misuse a link, both when accessing the TDR 4ELEMENTOS S.L. website and when accessing information on other websites through the TDR 4ELEMENTOS S.L. website.

10. Cookies policy

10.1. Information on the use of cookies - Cookie law

Cookies may be used on some pages of this website. The purpose of these cookies is to improve the service offered to your customers and our visitors. If they are to be installed, the website controller will ask for your consent to do so, and you will have the option to agree.

Article 22 of the Law on E-commerce and Information Society Services.- “Service providers may use data storage and retrieval devices in users' devices, provided that they have given their consent after having been provided with clear and full information on their use, in particular on the purposes of data processing in compliance with the provisions of Organic Law 15/1999 of December 13 on the Protection of Personal Data. When it is technically possible and effective, the users’ consent to the processing of data may be given through the use of adequate browser parameters or other applications, provided that they have expressly established its configuration for this purpose during installation or update processes. The foregoing shall not prevent potential storage or technical access for the sole purpose of transmitting a communication over an electronic communication network or, insofar as it is strictly necessary, providing an information society service expressly requested by the user.”

A cookie is a small file stored on the user’s computer in order to identify them. Cookies help us to improve the quality of our website by allowing us to monitor which pages our users find useful, and which they do not.

10.2. Management of cookies and revocation of given consent

You can reject the use and installation of cookies on this website by changing the settings on your browser, and still be able to continue using this website. However, your experience on this website may be limited if you modify some of the options we provide:

10.3. Management of cookies by browser:

Google Chrome: Link
Explorer: Link</a >
Firefox: Link</a >
Safari: Link</a >

Many browsers allow the activation of a private mode whereby cookies are always deleted after your visit. Depending on the browser, this private mode might have a different name. You can find a list below with the most common browsers and the different names of this “private mode”:

Internet Explorer 8 and higher: InPrivate
FireFox 3.5 and higher: Private browsing
Google Chrome 10 and higher: Incognito
Safari 2 and higher: Private browsing
Opera 10.5 and higher: Private browsing

Please, carefully read the help section on your browser to learn more about how to activate the “private mode”. You can continue visiting our Website even if your browser is in “private mode”; however, your experience may be impaired and some features might not work.

If you need more information about blocking cookies on your computer, please check the explanation given via this Web link: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Cookies are essential for the functioning of the Internet, as they provide innumerable advantages in the provision of interactive services and allow you to browse and use our website. Cookies cannot damage your computer; furthermore, when activated, they help us identify and resolve errors.

10.4. Types of cookies:

The information we provide below will help you understand the different types of cookies:

SESSION COOKIES: TEMPORARY COOKIES THAT REMAIN IN THE COOKIES FILE OF YOUR BROWSER UNTIL YOU LEAVE THE WEBSITE; THUS, NONE OF THESE TYPES OF COOKIES ARE RECORDED ON THE USER'S HARD DISK. THE INFORMATION OBTAINED THROUGH THESE COOKIES IS USED TO ANALYZE TRAFFIC PATTERNS ON THE WEBSITE. ULTIMATELY, THIS ALLOWS US TO PROVIDE A BETTER EXPERIENCE BY IMPROVING THE CONTENT AND MAKING IT EASIER TO USE.

PERSISTENT COOKIES: THESE ARE STORED ON THE HARD DISK AND OUR WEBSITE READS THEM EVERY TIME YOU MAKE A NEW VISIT. A PERMANENT WEBSITE HAS A SET EXPIRATION DATE. THE COOKIE WILL STOP WORKING AFTER THAT DATE. WE GENERALLY USE THEM TO FACILITATE PURCHASE AND REGISTRATION SERVICES.

Cookies also provide the following information:

Date and time the user last visited the Website
Content design that the user chose during their first visit to the website
Security features involved in controlling access to restricted areas
Other types of information from certain specific cookies

In all cases and in compliance with Cookie Law 13/2012 of March 30, and art. 22 of the Law on E-commerce and Information Society Services, when accessing our website, your prior consent to the installation of cookies will be requested.

In some cases, you may not be allowed to continue browsing our website if you do not you accept the installation of cookies. Likewise, some of our services may not work properly.

10.5. Cookies on our website

Our Website may use the following types of Cookies:

Cookies that are strictly necessary, such as those used to correctly browse the website, those that allow payment for the goods or services requested by the user or those that ensure that the website content is effectively and correctly loaded.

Third-party cookies, which are those used by social networks or by external content add-ons such as Google Maps, social networks, etc.

Analytical cookies are used for routine maintenance purposes and to guarantee that the user receives the best possible service. Analytical cookies are normally used to collect statistical data on the user’s activity.

TDR 4ELEMENTOS S.L. has followed the criteria and advice published by the Spanish Data Protection Agency in its "Guide on the use of Cookies" in 2013.

11. Disclaimer and limitation of liability

The information and services featured on or available through the website may include inaccuracies or typing errors. The information contained therein is changed periodically. TDR 4ELEMENTOS S.L. may improve and/or change the services or contents at any time.

TDR 4ELEMENTOS S.L. has obtained the information and materials included in the website from sources that are considered to be reliable. However, although the necessary measures have been taken to ensure that the information contained is correct, TDR 4ELEMENTOS S.L. cannot guarantee that it is accurate and up-to-date.

The contents of this website are for information purposes with respect to the quality, status, storage, services and rates of TDR 4ELEMENTOS S.L.

12. Information on the exemption from all liability deriving from a technical and content failure

TDR 4ELEMENTOS S.L. accepts no liability for any interruptions or malfunctions of the services or contents offered on the Internet, whatever their cause might be. Likewise, TDR 4ELEMENTOS S.L. cannot be held liable for network outages, business losses as a result of said outages, temporary power outages or any other type of indirect damage that may be caused to Users by causes beyond the control of TDR 4ELEMENTOS S.L.

TDR 4ELEMENTOS S.L. does not warrant or guarantee that services or contents will not be interrupted or be free of errors, that defects will be corrected, or that the service or the server that makes them available is free of viruses or other harmful components, notwithstanding the fact that TDR 4ELEMENTOS S.L. makes every effort to avoid these type of incidents. If the User intends to make decisions or carry out actions based on the information included in any of the websites, it is recommended that they compare the information received with other sources.

13. Industrial and intellectual property

The content provided by TDR 4ELEMENTOS S.L. and the content that is available on the network through its websites is considered a “work” within the meaning provided by intellectual property legislation. Therefore, said content is protected by the applicable laws and international conventions.

Any form of reproduction, distribution, public communication, transformation, making available and, in general, any other public use of both the websites and their contents and information without the express and prior written consent of TDR 4ELEMENTOS S.L. is prohibited.

Consequently, all the contents displayed on the different websites and especially the designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings or any other signs that may be used for industrial and commercial use are subject to the intellectual and industrial property rights of TDR 4ELEMENTOS S.L. or of third-party owners who have duly authorized their inclusion in the different websites.

The contents, images, forms, opinions, indexes and other formal expressions that are part of the websites, as well as the software needed for operation and visualization purposes, are also considered a “work” within the meaning of Copyright legislation and are therefore protected by applicable international conventions and national laws on Intellectual Property. Failure to comply with the foregoing is considered a serious unlawful act which is punishable under civil and criminal legislation.

Any act by virtue of which the Users of the services or contents may commercially exploit or use, directly or indirectly, in whole or in part, any of the contents, images, forms, indexes and other formal expressions that are part of websites without the prior written consent of TDR 4ELEMENTOS S.L. is prohibited.

Specifically, this includes but is not limited to acts of reproduction, distribution, exhibition, transmission, retransmission, broadcast in any form, storage on hardware or software (for example, floppy disks or computer hard drives), digitization or availability via databases other than those authorized by TDR 4ELEMENTOS S.L., as well as the translation, adaptation, arrangement or any other alteration of said opinions, images, forms, indexes and other formal expressions that are made available to Users through the services or contents, provided such acts are subject to applicable legislation on Intellectual and Industrial Property or image protection.

TDR 4ELEMENTOS S.L. has the right to limit access to the websites and to the products and/or services offered therein, as well as to the subsequent publication of opinions, observations, images or comments that users may send through email.

In this sense and without prejudice to the sole and exclusive liability of the Users, TDR 4ELEMENTOS S.L. may establish, if deemed appropriate, the necessary filters in order to prevent the spread of content or opinions that are considered racist, xenophobic, discriminatory, pornographic, defamatory or that, in any way, promote violence on its website, as well as the sharing of clearly illegal or harmful content.

It is understood that, if possible due to the nature of the services or content and unless expressly and unmistakably expressed otherwise, users who send observations, opinions or comments to TDR 4ELEMENTOS S.L. through the email service, authorize TDR 4ELEMENTOS S.L. to reproduce, distribute, exhibit, transmit, retransmit, broadcast in any format, store on hardware or software (for example, floppy disks or computer hard drives), digitize or make such content available from databases belonging to TDR 4ELEMENTOS S.L., and to translate, adapt, arrange or in any other way convert said observations, opinions or comments throughout the entire legally provided copyright protection term. It is also understood that this authorization is made free of charge, and that by merely sending such observations, opinions or comments by email, users waive any compensation claims against TDR 4ELEMENTOS S.L.

In accordance with the provisions of the previous paragraph, TDR 4ELEMENTOS S.L. is also authorized to modify or alter such observations, opinions or comments, in order to adapt them to the editing format needs of the website, without it being understood that this entails a violation of the moral rights of the Users under copyright law.

Use of any of the technical, software or technological resources by virtue of which a third party, directly or indirectly, with or without profit, can benefit from any of the contents, forms, indexes and other formal expressions on the website, or of the work performed by TDR 4ELEMENTOS SL to ensure functionality is prohibited. Specifically, any link, hyperlink, framing or similar link that may be directed to the TDR 4ELEMENTOS S.L. website is prohibited without the prior, express and written consent of TDR 4ELEMENTOS S.L. Any violation of the provisions of this section will be considered as a breach of the legal intellectual property rights of TDR 4ELEMENTOS S.L. in relation to its website and the content thereof.

TDR 4ELEMENTOS SL will accept no liability for the consequences of the aforementioned behavior and actions and will also not accept any liability for the contents, services, products, etc., of third parties that can be accessed directly or through banners, links, hyperlinks, framing or similar links from the websites of TDR 4ELEMENTOS S.L.

14. Conflict resolution

This legal notice will not be filed individually for each user but will be accessible through the Internet on this website. It can be accessed through each user’s connection system.

In the event of any issue with regard to a purchase from TDR 4ELEMENTOS S.L., Users who have the status of consumers or users as defined by Spanish regulations and reside in the European Union may access the Online Dispute Resolution Platform created by the European Union and developed by the European Commission under Regulation (EU) 524/2013 in order to try to reach an out-of-court agreement on the matter. This is also included in the "General Contract Conditions" and/or "Use of the Website" information.

If the User does not have the status of a consumer or user, and insofar as there is no rule that requires otherwise, the parties agree to expressly waive any other jurisdiction they may have recourse to and submit to the Law Courts of Ourense (as this is where the contract is executed).

15. Legislation

This website is governed by Spanish law. This privacy policy is governed by the European Data Protection Regulation 679/2016.

Legal Notice drawn up by HONOS ABOGADOS S.L.P. for TDR 4ELEMENTOS S.L., in compliance with GDPR 679/2016 on personal data protection and Law 34/2002 on E-commerce and Information Society Services, in addition to the legislation on Intellectual Property rights. The contents of this legal notice are registered in the Safe Creative Intellectual Property Registry under registration code 1602176603277. The total or partial reproduction of this legal notice is prohibited</em >

16. Notification of information to candidates (resume submission)

The candidate expressly authorizes TDR 4ELEMENTOS S.L., with address at CALLE SAMUEL EIJAN, 13 BJ, 32003 - OURENSE (Ourense), to collect and process their personal data. The candidate also states that they have been appropriately informed about the table below in relation to the right set forth in art. 13 of the GDPR:

Basic information on the protection of candidates' data