BINNAKLE reserves the right to amend this Legal Notice and the General Conditions of Sale at any time and without previously notifying the User. Therefore, the User is liable for checking their content every time they access and use the Website.
2. USE OF THE WEBSITE
The User may merely access and use the Website (that is, without placing any online orders) free of charge, notwithstanding the connection cost generated by accessing the corresponding telecommunications network.
The User acknowledges and accepts that they are exclusively liable for their use of the Website and they will hold BINNAKLE entirely harmless, and they must use the Website diligently, in good faith and in accordance with the law and this Legal Notice. The User must also refrain from carrying out any actions that may damage the image, interests or rights of BINNAKLE or of any third party, regardless of whether or not such third party is related to BINNAKLE. The User will be liable to BINNAKLE and to third parties for the loss and damage that the same may incur as a result of the User's breach of the said obligations.
The User acknowledges and accepts that, despite the security measures that BINNAKLE may establish, access and use of the Website may generate risks for computer systems (software and hardware), filing systems and documents belonging to the User or third parties, whether this be owing to the existence of a virus or to other damaging computerised elements. The User is responsible for having appropriate tools to prevent the said risks and, consequently, the User entirely and irrevocably exempts BINNAKLE from any liability for the same. Additionally, BINNAKLE will assume no liability for the shortcomings of the Internet or other events attributable to force majeure, the User or third parties that prevent or complicate access to the Website or correct use of the same.
3. INDUSTRIAL AND INTELLECTUAL PROPERTY ASSOCIATED WITH THE WEBSITE
Neither accessing nor using the Website grant the User any rights over the brands that belong to BINNAKLE or, in general, over any industrial or intellectual property rights belonging to BINNAKLE or those of third parties where BINNAKLE is the licensee.
The User acknowledges that the copyright associated with the Website and its content belongs to BINNAKLE or third parties where BINNAKLE is the licensee and that, therefore, exercising of the relevant exploitation rights corresponds to BINNAKLE. Consequently, the User is prohibited from reproducing, distributing, publicly communicating and totally or partially adapting the Website and its content, unless it has the express consent of BINNAKLE to this end.
Notwithstanding this, BINNAKLE grants the User a non-exclusive, non-sublicensable and non-transferable licence to use the Website and its content, subject to the provisions of this Legal Notice. The User may view and obtain a temporary, private copy of the content of the Website for their exclusive personal and private use on their own computer systems, but they will not be authorised to assign the same to third parties.
Processing of the personal data belonging to a User that merely accesses the Website and uses it, without placing any online orders, will be governed by the provisions of this section (Section 5) of the Legal Notice. Notwithstanding this, if the User also acquires a product or service from BINNAKLE, processing of their personal data will also be subject to the corresponding provisions of the BINNAKLE General Conditions of Sale, and any possible contradictions between the two documents will be resolved in accordance with the provisions of Section 1 of this Legal Notice.
5.1. Personal data controller
The personal data controller is BINNAKLE, and the identity and contact data of the same are set out in Section 1 of this Legal Notice.
5.2. Purpose for processing personal data
At BINNAKLE, we process the personal data that Users provide to us to enable us to answer their questions and communicate with them and to offer them products and services that may be of interest to them.
5.3. Legitimacy for processing personal data
5.4. Recipients of the personal data
BINNAKLE may assign the User’s personal data if such assignment is subject to legal obligation or if it takes place in favour of the Spanish company Inteligencia Creativa S.L. (owned by several shareholders of BINNAKLE), any other company in the BINNAKLE group or distributors, agents or partners appointed by BINNAKLE Spain so that the same can also communicate with the User and offer them products and services that may be of interest to them. No international transfers of the User’s personal data will be performed.
5.5. Rights of the owner of personal data
Users may exercise the following rights in accordance with the data protection regulations in force:
- right to ask BINNAKLE to provide access to the User’s personal data and to ask it to rectify or erase them;
- right to limit data processing;
- right to oppose data processing;
- right to data portability;
- right to withdraw consent to data processing at any time, without this affecting the legality of any processing based on the consent given prior to withdrawal;
- right to file a complaint with the Spanish Data Protection Agency at C/Jorge Juan 6, 28001 Madrid, or at its e-office:
The User can exercise their rights by contacting BINNAKLE at the following postal and email addresses:
Calle Europa 16, at. 3ª,
7. APPLICABLE LAW AND JURISDICTION
This Legal Notice will be interpreted under Spanish law and the same will be subsidiarily applicable if relevant provisions are not laid down herein. The Parties will refer any disputes or litigation between the User and BINNAKLE regarding the Website to the courts of Barcelona, Spain.