AVISO LEGAL

1. Titular del sitio web

En cumplimiento del deber de información contemplado en el artículo 10 de la vigente Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico, le comunicamos que el responsable de la web donde puede descargar diferentes aplicaciones es:

• Denominación social: TDR 4ELEMENTOS S.L
• NIF: B32438699
• Domicilio social: CALLE SAMUEL EIJAN, 13 BJ32003 - OURENSE (Ourense)
• Teléfono Contacto: 666.157.969
• Dirección de correo electrónico: contabilidad@4elementos.es

Registros Oficiales

• Registro Mercantil de Ourense, Hoja OR-13868, Tomo 838, Folio 91.
• Marca ante la O.E.P.M.: Expediente
• Normativa aplicable por la profesión y/o códigos de conducta: No existen
• Sitio web de TDR 4ELEMENTOS S.L: www.4elementos.es

1. Protección de datos de carácter personal

Datos de contacto del responsable de tratamiento

• Denominación social: TDR 4ELEMENTOS S.L
• NIF: B32438699
• Domicilio social: CALLE SAMUEL EIJAN, 13 BJ32003 - OURENSE (Ourense)
• Teléfono Contacto: 666.157.969
• Dirección de correo electrónico: contabilidad@4elementos.es

1.1. Datos de contacto del Data Protection Officer (D.P.O.)

Conforme al artículo 37 RGPD 2016/679 no se requiere D.P.O.

1.2. Política de Privacidad – Deber de información conforme al RGPD 679/2016 y a la LO 3/2018.

El cliente que accede a poner sus datos en los formularios de contacto de esta página web, conforme a lo expuesto en este párrafo de este aviso legal, DECLARA Y MANIFIESTA EXPRESAMENTE QUE:

Autoriza expresamente a la entidad TDR 4ELEMENTOS S.L con domicilio en CALLE SAMUEL EIJAN, 13 BJ de 32003 - OURENSE (Ourense a la recogida y tratamiento de los datos de carácter personal de quien firma, o actúa como representante legal, tutor o curador, de alguna persona menor de edad. Así mismo declara que se le ha informado convenientemente acerca de la tabla que se presenta en relación al derecho recogido en el art. 13 del RGPD.

Información básica sobre protección de datos fichero de datos clientes

RESPONSABLE:

• TDR 4ELEMENTOS S.L

FINALIDAD PREVISTA:

• Gestión de los datos introducidos en los formularios de recogida de datos de la página web.

D.P.O. (DATA PROTECTION OFFICER)

• Conforme al artículo 37 RGPD 2016/679 y a la LO 3/2018 no se requiere D.P.O.

LEGAL STANDING

• Consent of the data subject.

TRANSFERENCIA INTERNACIONAL DE DATOS

• No se hará transferencia internacional de datos

DESTINATARIOS DE CESIONES DE DATOS

• Empresas del mismo grupo.
• No se cederán datos salvo que sea necesario para cumplir con la propia prestación solicitada
• No se cederán datos salvo por mandato legal.
• Asesoría fiscal y contable. (en caso de compra a través de la web)
• Empresas de transporte para poder entregar las compras realizadas.

DERECHOS

• Derecho a solicitar el acceso a los datos personales relativos al interesado,
• Derecho a solicitar su rectificación o supresión,
• Derecho a solicitar la limitación de su tratamiento,
• Derecho a oponerse al tratamiento,
• Derecho a la portabilidad de los datos;
• Derecho a la exclusión publicitaria.

INFORMACIÓN ADICIONAL

• Puede ver nuestra política de privacidad en: https://4elementos.com/es/content/15-politica-de-privacidad

CÓMO EJERCITAR SUS DERECHOS

• Solicite nuestros formularios para el ejercicio de derechos en: contabilidad@4elementos.es

Se prohíbe el que menores de 14 años pongan los datos en nuestros formularios de recogida de datos, dado que es contrario al art. 8 RGPD, en caso de necesitar el consentimiento de un menor, deberá darlo y por lo tanto recoger datos de la persona que ostenta la Patria Potestad y/o tutela del menor.

La presente política de protección de datos podrá variar con el tiempo debido a los posibles cambios legislativos, jurisprudenciales o de los criterios seguidos por la Agencia de Española de Protección de Datos y/o la autoridad competente en cada momento. Es por ello que TDR 4ELEMENTOS S.L se reserva el derecho a modificar el presente aviso legal para adaptarlo a novedades legislativas o jurisprudenciales que se encuentran vigentes en el momento preciso en que se acceda a los websites, así como a prácticas del sector. Le pedimos que revise este aviso legal periódicamente.

1.3. Cómo puedo solicitar los derechos

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: info@kicksnew.com or support@kicksnew.com

The rights that you can exercise are the following:

• Right to request access to personal data: You can ask kicksnew Store. 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 info@kicksnew.com.

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 kicksnew Store. 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 kicksnew Store.

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 kicksnew Store, in accordance with the potential use and purposes for which they were intended. kicksnew Store. 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 kicksnew Store. 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

kicksnew Store. 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.

kicksnew Store. may process this data as indicated by the social network for business profiles pursuant to their social network policies. Thus, kicksnew Store. 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. kicksnew Store. will not extract data from social networks, unless there is prior and express consent from the User.

Under no circumstances will kicksnew Store. 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

kicksnew Store. 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. kicksnew Store. neither recommends nor guarantees any information obtained through a link external to kicksnew Store., 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 kicksnew Store. website and when accessing information on other websites through the kicksnew Store. 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.

kicksnew Store. 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. kicksnew Store. may improve and/or change the services or contents at any time.

kicksnew Store. 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, kicksnew Store. 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 kicksnew Store.

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

kicksnew Store. accepts no liability for any interruptions or malfunctions of the services or contents offered on the Internet, whatever their cause might be. Likewise, kicksnew Store. 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 kicksnew Store.

kicksnew Store. 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 kicksnew Store. 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 kicksnew Store. 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 kicksnew Store. 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 kicksnew Store. 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 kicksnew Store. 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 kicksnew Store, 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.

kicksnew Store. 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, kicksnew Store. 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 kicksnew Store. through the email service, authorize kicksnew Store. 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 kicksnew Store., 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 kicksnew Store.

In accordance with the provisions of the previous paragraph, kicksnew Store. 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 kicksnew Store to ensure functionality is prohibited. Specifically, any link, hyperlink, framing or similar link that may be directed to the kicksnew Store. website is prohibited without the prior, express and written consent of TDR kicksnew Store. Any violation of the provisions of this section will be considered as a breach of the legal intellectual property rights of kicksnew Store. in relation to its website and the content thereof.

kicksnew Store 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 kicksnew Store.

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 kicksnew Store., 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 kicksnew Store., 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 kicksnew Store., with address at 5925 Ingleston Dr, Sparks, NEVADA 89436, 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

DATA CONTROLLER:

• kicksnew Store

INTENDED PURPOSE:

• Intended purpose: Resume management for the selection of personnel.

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;