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Legal Notice

IDENTIFICATION DATA

In accordance with article 10 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSI), we inform you of the following information:

    1. The website poppyns.com and other spaces under this Internet domain are owned by ESPACIO DE MARCAS EMERGENTES, S.L. (hereinafter, EME), with address at C/ Isabel la Católica nº 21, 46004 Valencia, Spain.
    2. EME acts in economic traffic under the commercial name of POPPYNS registered with the fiscal code F46278669, and is registered in the Mercantile Registry of Valencia in Volume 10128, Folio 19, Sheet V-170943.
    3. If you want to contact us you can do so: a) by post, at the address mentioned above, b) by email at hello@poppyns.com, c) or by phone at (+34) 963066395.

GENERAL TERMS AND CONDITIONS OF THE POPPYNS.COM WEBSITE

In general, and without prejudice to the particular conditions and terms set forth in other sections, the User undertakes to comply with these conditions and terms of use, and to always act in accordance with the law and in good faith, using the diligence appropriate to the nature of the service you enjoy, refraining from using the POPPYNS website in any way that may prevent, damage or deteriorate the normal operation of the same, the goods or rights of POPPYNS, of the rest of Users or in general of any third party.

 

  1. USER OBLIGATIONS

In particular, the User undertakes, in the use of poppyns.com (hereinafter the Web):

  • To not enter, store or disseminate on or from the Web, any information or material that is defamatory, insulting, obscene, threatening, xenophobic, incites violence or discrimination based on religion, beliefs, ideology, race, sex or in any way that violates morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general that violates current regulations.
  • To not introduce, store or disseminate through the Web any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is capable of causing damage to the Web, in any of the services, or in any of the equipment, systems or networks of POPPYNS, of any User, or in general of any third party. Or that in any other way is capable of causing them any type of alteration or preventing their normal operation.
  • To properly protect the "User Name" (Login) and the "Password" that is provided by POPPYNS to the Users, as identifying elements that enable access to the different services offered on the Web, committing not to cede their use or to allow access to them by third parties, assuming responsibility for damages that may arise from their improper use.

In this sense, if for the use of a Web service, the User should register, they will be responsible for providing truthful and lawful information. If, as a result of the registration, the User is provided with an identification and/or password, the User undertakes to make diligent use and keep the password secret to access these services. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords provided by POPPYNS, and undertake not to assign their use to third parties, either temporarily or permanently, or to allow their access to outsiders.

On that basis, it is the User's obligation to immediately notify POPPYNS (hello@poppyns.com) about any event that may allow the improper use of identifiers and/or passwords, such as theft, loss, or non-authorised access, in order to proceed with their immediate cancellation. As long as such facts are not communicated, POPPYNS will be exempt from any responsibility that may arise from the improper use of identifiers or passwords by unauthorized third parties.

  • Do not carry out advertising, promotional or commercial exploitation activities not authorized by POPPYNS through the Web, do not use the contents and in particular the information obtained through the Web to send advertising, send messages for sales purposes or for any other purpose. commercial, nor to collect or store personal data of third parties.
  • Do not use false identities, or impersonate the identity of others in the use of the Web, including the use of passwords or access codes of third parties or in any other way.
  • Do not destroy, alter, disable or damage the data, information, programs or electronic documents of POPPYNS or third parties.

 

  1. POPPYNS DISCLAIMER

POPPYNS will not be responsible, in general, of the inappropriate use of the Web. Users must make proper use of poppyns.com, in accordance with the above conditions and terms, without POPPYNS having any responsibility for improper use. Regarding the fraudulent use of the Username and Password. POPPYNS is exonerated from any responsibility for the fraudulent use of said passwords by the owner or by a third party.

  • Regarding possible technical deficiencies. POPPYNS will not be responsible in any case for alterations in the service that occur due to failures in the electrical network, in the data connection network or in the server.
  • Regarding access by third parties to its system. POPPYNS will adopt the necessary technical precautions in order to protect the data and information that is accessed, but without being responsible for the actions of third parties that, violating the established security measures, access the aforementioned data.
  • Regarding the accuracy of the Information.POPPYNS reserves the right to make the changes it deems appropriate, without prior notice, to the content of the website. Both in relation to the contents of the website, as well as in its conditions of use, or in the general contracting conditions. Said modifications may be made through its website by any legally admissible form and will be mandatory during the time they are published on the website and until they are validly modified by subsequent ones.
  • Regarding Hypertexts and Links with other Sites or Pages.The Web contains links to other pages not owned by POPPYNS, whose contents cannot be controlled at all times. The connection of a User from the Web with these other places on the network outside our company will be carried out under the sole responsibility of the navigator. Consequently, POPPYNS cannot guarantee, in relation to these other pages, their quality, accuracy or adequacy. In no way can it be considered that these connections are an extension of our website, nor that we share the points of view expressed in them or have any relationship with the products or services provided or sold by them.   However, if you observe in them any information that could be contrary to present regulations, to the dignity of people, or of a racist, xenophobic nature or in support of terrorism or violence, please notify us by email to the address indicated above in order to study the convenience of working with them.

 

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY

In general, the contents, structure, design and form of presentation of the elements (texts, graphics, images, files, logos, colour combinations and any element susceptible to protection) available on the Web are protected by intellectual property rights, owned by POPPYNS.

The reproduction, transformation, distribution, public communication, making available to the public and, in general, any other form of exploitation, partial or total, of the elements referred to in the previous section are prohibited. These acts of exploitation may only be carried out by virtue of the express and written authorization of POPPYNS and which, in any case, must make explicit reference to the ownership of the aforementioned intellectual property rights of POPPYNS.

In this sense, the User is authorized, solely and exclusively, for the private and personal use of the content of the Web, provided that the rights of intellectual and industrial property are respected. In no case, may the User remove, alter, evade or manipulate any protection devices or security systems that may be installed.

In no case will it be understood that the access and navigation of the User implies a waiver, transmission, license or total or partial transfer of said rights by POPPYNS or even collaborators.

On the other hand, the distinctive signs (trademarks, trade names) that appear on the Web are protected by industrial property rights, the use or manipulation of any of these being prohibited, unless expressly authorized in writing by POPPYNS, or by the physical or legal owner of the signs aforementioned.

 

  1. PRIVACY AND DATA PROTECTION

In accordance with the provisions of Organic Law 15/1999 on the Protection of Personal Data (LOPD), and with Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of the Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD), POPPYNS undertakes to adopt the necessary technical and organizational measures, according to the level of security of the data collected, in a way that guarantees the security of the personal data and avoids its alteration, loss, treatment or unauthorized access.

POPPYNS informs the Users of its website that the personal data collected by the entity, through the forms located on its page, will be entered into an automated file under the responsibility of POPPYNS, in order to be able to facilitate, speed up and fulfil the commitments established between both parties, according to the Privacy and Cookies Policy.

As long as the User does not notify POPPYNS to the contrary, it will be understood that their data has not been modified, that the User undertakes to notify POPPYNS of any variation and that POPPYNS has the consent to use them for the purposes indicated in the Privacy and Cookies Policy.

The User has the possibility of exercising the rights of access, rectification, cancellation and opposition by following the indications described below.

In relation to the rights of access, rectification, cancellation and opposition, which are available to you and that can be exercised before POPPYNS, in accordance with title III LOPD and the RDLOPD, you must take into account the following nuances:

  • Right of Access:  It is the right of the User to obtain information about their specific personal data and the treatment that POPPYNS has carried or carries out, as well as the information available on the source of said data and the communications made or planned of the same.
  • Right of Rectification: It is the right of the affected party to modify the data that turns out to be inaccurate or incomplete. It can only be fulfilled in relation to that information that is under the control of POPPYNS (for example, deleting comments published on the page itself, images or web content containing personal data of the User).
  • Right of Cancellation: It is the right to remove the User's personal data, except where indicated in other applicable laws that determine the obligation to preserve them, in a timely manner.
  • Right to object:  It is the User's right not to carry out the processing of their personal data or to cease the processing thereof by POPPYNS.

In order to exercise any of the rights described above, you must meet the following requirements:

  1. Presentation of a duly signed letter addressed to ESPACIO DE MARCAS EMERGENTES, S.L., C/ Isabel la Católica nº 21, 46004 Valencia (Spain), or to the email hello@poppyns.com
  2. The document sent by the owner of the data requesting the exercise must meet the following legal requirements:
    • Name, surnames of the interested party and a copy of the ID card.. In the exceptional cases in which the representation is admitted, the identification by the same means of the person representing him will also be necessary, as well as the document accrediting the representation. The photocopy of the DNI may be replaced as long as the identity is proven by any other legally valid means.
    • A written request. (Requested exercise or information to which you want to access). If you do not refer to a specific file, you will be provided with all the information that is held with your personal data. If you request information on a specific file, only the information on this file will be provided. If you request information related to a third party, it can never be provided. If you request it by phone, you will be instructed to do so in writing and you will be informed of how you can do it and the address to which you have to send it. You will never be given information over the phone.
    • Address for notification purposes.
    • Date and signature of applicant.
    • Documents accrediting the request made.
  1. The interested party must use any delivery means that allows proof of having sent the request.

 

  1. USE OF LINKS OR HYPERLINKS

The Internet User who wants to introduce links from their own Websites to the Web must comply with the conditions detailed below, without allowing the ignorance of the Law enable an avoidance of the responsibilities.

The link will only be to the home page or main page of the Web and may not reproduce it in any way (inline links, texts, graphics, etc). It is prohibited, according to the current legislation at each times, to establish frames of any type that surround the Web page poppyns.comor allow the visualization of the contents through Internet addresses other than those of the Web site poppyns.com and, and no matter the legislation, it is prohibited in any case, when they are viewed together with content from outside the website in such a way that: (I) produces or may produce, error, confusion or deception in users about the true origin of the service or Content; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the trade name and prestige of POPPYNS; or (IV) in any other way prohibited by current legislation.

No type of false, inaccurate or incorrect statement about POPPYNS, its address, employees, customers or the quality of the services it provides will be made from the page that introduces the link.

In no case will it be stated on the page where the link is located that POPPYNS has given its consent for the insertion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the sender's services.

The use of any denominative, graphic or mixed trademark or any other distinctive sign of POPPYNS within the sender's page is prohibited except in cases permitted by law or expressly authorized by POPPYNS and provided that, in these cases, a link is allowed directly with the website in the manner established in this clause.

The page that establishes the link must faithfully comply with the law and may not in any case link to its own content or that of third parties that: (I) are illegal, harmful or contrary to morality and good customs (pornographic, violent, racists, etc.); (II) induce or may induce in the User the false conception that POPPYNS subscribes, endorses, adheres or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or not pertinent to the activity of POPPYNS in attention to the place, content and theme of the sender's website. Likewise, the User shall refrain from including in the Web page any hyperlink directed to a Web page that contains illicit information or content, contrary to morality and generally accepted good customs, and public order.

 

  1. PUBLICATION OF IMAGES OF PEOPLE

In relation to the images of people that appear on the Web, POPPYNS makes the publication according to the Organic Law 1/1982 of May 5, on the protection of the right to honour, personal and family privacy, and one's own image.

The User is not authorized to reproduce, distribute and communicate photographic and/or videographic images. These images are only used, solely and exclusively, in the composition of graphic or video graphic files, prepared to inform and/or publicize the various products or services of POPPYNS.

The treatment of the images is carried out with serious respect for the person, eliminating any recording or filming that could violate fundamental rights. The images are not used for other purposes than those expressed, nor are they transferred to third parties, except those authorized for treatment.

In any case, the person affected by a publication on the website of their image, either by themselves or through a legal representative, may revoke the consent they have given or oppose the processing of the image, or exercise the rights of access, modification or cancellation, at any time, by submitting or sending a duly signed document, accompanied by a photocopy of their ID, to the email or postal address indicated above.

 

  1. APPLICABLE LAW AND JURISDICTION

The present terms and conditions will be governed by the statutory, regulatory and Spanish legislation, which will be applicable in what is not provided in this legal notice in terms of interpretation, validity and execution.

If any controversy arises in relation to the interpretation and application of these conditions of use, the parties may subject their conflicts to arbitration or recourse to the tribunals by submitting to the Judges and Courts of the city of Valencia (Spain).

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