Privacy Policy

This Policy (hereinafter, the "Privacy and Cookies Policy") regulates the privacy and cookies policy of the Web Platform https://www.unode50.com/es/ (hereinafter, "the Platform"), under the ownership of ARS REI, S.L., a company with registered address at C/ Guzmán el Bueno, 6. Polígono Industrial de Alcobendas. 28108. Alcobendas. Madrid (Spain), holder of CIF B81926883, and registered in the Commercial Register of Madrid, Page M-205238, Volume 12791, Sheet 80, Section 8. Its contact e-mail address for the purposes of this privacy and cookies policy is the following:[email protected]

1. USE, PURPOSE AND APPLICABLE LEGAL SYSTEM

The Platform is a mechanism for interaction, communication and support which ARS REI, S.L. makes available to Internet users in order to provide them with sufficient and appropriate legal information about its activities, products and goods in relation to its legitimate economic and business activities, which are governed by the applicable Spanish regulations, and in relation to:

• The basic provision of information society services, by Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.

• The processing of personal data, by the current Spanish and European regulations for the protection of personal data of natural persons. Specifically, Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 (hereinafter, the "RGPD"), in accordance with the provisions thereof.

In any case, the user undertakes to make appropriate and lawful use of the Platform as well as the content, products and goods disposed thereof, in accordance with the applicable legislation, at all times.

Likewise, the Platform user commits specifically to the following:

• Guarantee the authenticity, veracity, current relevance and accuracy of all data communicated to ARS REI, S.L., and the user being the sole party responsible otherwise.

• Use the Platform exclusively for the purposes and functions provided to that end by ARS REI, S.L., the functions being presented in the manner that they are provided by ARS REI, S.L, and the user being prohibited from using the Platform for any other purpose or means.

• Make legal and legitimate use of the Platform, avoiding unauthorised, fraudulent, illegal or illegitimate use thereof and/or the content and information provided through the Platform, and avoiding any breach of this policy and applicable regulations, or to damage the rights and legitimate interests of ARS REI, S.L., or any other third party that could be affected as a result of such action.

• Not to cause damage to the systems or elements associated with the Platform, its suppliers or third parties, or attempt to break the security or authentication measures thereof, or carry out any action resulting in the disproportional or unnecessary saturation of the infrastructure or the communications environment relating to the Platform, or attack it in any way. ARS REI, S.L. may adopt as many preventive or corrective measures as may be required to protect its interests in order to ensure the proper operation of the Web Platform and the specific functions provided for each case.

• Not to introduce or spread, through the Platform, any computer viruses or malware that might cause damage.

• Not to attempt to access, use and/or manipulate the data of ARS REI, S.L. or data under its management, or data of third-party providers and other users.

• Specifically, to provide an illustrative and non-exhaustive example, the user undertakes not to transmit, disseminate or provide to third parties, any information, data, content or messages which may constitute a breach of the rights of ARS REI, S.L. or of third parties.

• Access without authorisation or interaction using a false identity, whether or not this involves supplanting the identity of third parties, or using a profile or carrying out any other action that may cause confusion or mistakes regarding the correct identification of the relevant user.

2. USERS

This privacy and cookies policy is aimed at the users of the Platform regarding the processing of their personal data.

In any case, it highlights that this Platform is aimed at users of legal age, its use by minors being prohibited.

The information and personal data provided by the users that wish to use the Platform or register on it must be:

• Sufficient, albeit in line with, limited and in proportion with the lawful processing purposes informed by ARS REI, S.L., with the highest respect for the principles on limiting the purpose and minimisation of the personal data (article 5.1 section b) and c) of the GDPR).

• Precise, up-to-date and true, with the purpose of appropriately verifying the identity, capacity and, where appropriate, representation of the user it concerns, as well as adjusting the processing of data that is made for specific needs and the actual situation of the users in each case. All of which with emphasis on the principle of accuracy of the personal data (5.1 section d) of the GDPR).

The users will be fully responsible for the correct use of their user accounts and the passwords associated to them. If the registered user believes that the security of their account and the associated passwords may have been compromised, they must get in contact with ARSE REI, S.L. immediately, via the contact details provided at the beginning of this Policy and report the situation or the corresponding incident so that ARS REI, S.L can adopt the respective appropriate action as soon as the user makes the notification. Any responsibility for the damage associated to an inappropriate use and personal management of the accounts and associated passwords will rest with the users who own these accounts, as a result completely absolving ARS REI, S.L.

3. RIGHT TO INFORMATION

In compliance with the current personal data protection legislation and specifically serving what is provided for in articles 12 to 14 of the GDPR, you are informed of what follows:

That the entity responsible for the data processing is ARS REI, S.L, with their registered address in C/ Guzmán el Bueno, 6. Polígono Industrial de Alcobendas. 28108. Alcobendas. Madrid (Spain), holder of CIF B81926883, and registered on the Commercial Register of Madrid, Page M-205238, Volume 12791, Sheet 80, Section 8 and website https://www.unode50.com/es/and with the contact email address for the purpose of this policy:[email protected]

• That the personal data that the users provide via the Platform will be specifically processed for the purpose stipulated in this privacy and cookies policy, and where appropriate, on the different data forms provided on the Platform. To that effect, data collection via the Platform serves the following processing purposes:

• To enable the users to use the Platform, allowing access to the information and the content available there, including the information on promotional campaigns about ARS REI, S.L products.
• To serve the specific requests and petitions that the users could make in this context via the Platform, by relation the products available on it, or by relation to any other issue on the Platform contact form: as well as any query submitted directly via email[email protected]
• To inform about all the changes, information, offers, discounts, advantages, promotions for ARS REI, S.L products that could be of interest to the users.
• To process the corresponding personnel recruitment procedures that are open at ARS REI, S.L., to the users that have voluntarily and freely submitted their application, including any type of test and/or interview for such purposes.
• To manage the user accounts registered on the Platform in a comprehensive way.
• To process purchases and orders from the users, whether they are registered or not.
• To adopt as many protection measures as applicable in accordance with current legislation, including potentially making their personal data anonymous, and for this, applying the appropriate techniques available for that purpose. As a result, in this context, users can be made anonymous or provided with a pseudonym to protect their personal data better, in line with what is provided for in the GDPR.
• To apply the relevant security, technical and/or organisational measures to the users’ personal data which are convenient in view of the risks detected regarding their rights at all times by ARS REI, S.L.including personal data encoding and other measures that could include certain processing of the user data on the Platform for them to be protected in a better way.

In the event that you do not agree with such processing purposes, we urge you to leave our Platform immediately. Otherwise, for example, by accepting this policy, or simply to keep using the Platform, prior knowledge of the information contained in this policy, it shall be understood that the user fully accepts the previously notified processing purposes. To these effects, you must also be fully accepting of what is provided for in section 4 of this policy relating to consent and the users’ rights in this context.

• That the legitimate basis for processing is mainly user consent, so that once the user has been informed about this policy, if they accept it or just keep using the Platform, it shall be understood that they provide their clear consent for their data to be processed with the stated purposes. Consequently, if a user doesn’t agree with this policy or the stated processing purposes, as previously indicated, they are urged to stop using and leave the Platform immediately. In the event of users specifically contracting or requesting certain products via the Platform, the main basis for processing will be that relating to the necessary application of pre-contractual measures at the request of the interested party, when applicable, or that relating to the performance of a contract in the event that the user finally contracts the goods or products that correspond.

• That the users’ personal data gathered via the Platform will generally not be handed over to third parties without previously informing them about which specific data is going to be handed over, the identity of the transferee or recipients of their data, their activity and the specific processing purposes that these transferees could use their data for. For this reason, you are informed that your personal data could be handed over to third parties in the following cases and circumstances:

• When it is strictly necessary for merely administrative and internal purposes, to other entities that make up the Group of companies that ARS REI, S.L is a part of (made up by the following companies: ARS REI GERMANY GMBH, with domicile in Ekkebertstr, 29, 79117-Freiburg, Berlin, Germany (DE285795027), ARS REI BELGIUM SPRL, with domicile in Avenue de la Toison d’or 24, 1050-Brussels, Belgium (BE0847907682); ARS REI NETHERLANDS, with domicile in Heiligeweg 41, 1012 XP, Amsterdam (NL851777272F01); ARS REI FRANCE EURL, with domicile in 40 Rue des Francs Bourgeois, 75004-Paris; ARS REI ITALIA SRL, with domicile in Via Santo Tomaso 7, 20121-Milan; ARS REI PORTUGAL UNIPESSOAL LDA, with domicile in Rua Quinta das Borralhinhas, 6, Zona Industrial de Tardariz Lote 6, 4510-206 Sao Pedro da Cova – Gondomar; ARS REI UK Ltd., with domicile in 143 Regent Street, London; ARS REI USA Corp., with domicile in 11 W 36th Street, 6th floor, New York-10018, and ARS REI CANADA Corp., with domicile in 1055 West Georgia Street, 1500 Royal Centre, P.O. Box 11117, Vancouver, BC V6E 4N7), holding legitimate interest in passing this personal data for such purposes within the aforementioned corporate group.
• Likewise, your data could be handed over to the stated corporate Group that ARS REI, S.L is a part of, when the interested party gives consent to do so, and with the purpose of participating in the personnel recruitment procedures in any of the companies that make up the Group.
• In addition to the above, the data of users registered on the Platform who would like to keep a track of their purchases, can be handed over to the companies that make up the Group that ARS REI, S.L is a part of.
• Finally, when the user makes a purchase via the Platform, they are informed that their personal data must be given to the collaborating logistics operator, except if the user has opted to collect the purchased product(s) from a store, with the purpose of being able to manage the actual delivery of the user’s purchase.

Beyond these cases, the personal data of the users will not be given to any third parties, unless user consent has been provided or, where applicable, any other legitimate base for processing is applied according to what is provided for in article 6 of the GDPR like, for example, the due fulfilment of a legal obligation by ARS REI, S.L. (legality of processing).

• That international transfers of their personal data are not generally scheduled, except in the scenarios in the previous point, which is, to the subsidiaries of the corporate Group located in the United States of America and Canada. In any case, the necessary measures in this context are applied in accordance with the GDPR.

• That under article 30 of the Spanish Code of Commerce, in the event of the user being a client of ARS REI, S.L. , when the relationship between the parties has finished, their personal data could be retained by ARS REI, S.L. for a minimum of 6 years by application of article 30 of the Spanish Code of Commerce. When it is not a client, their user data will be retain for the time that is strictly necessary to grant them the appropriate use, access and enjoyment of the goods or products available via the Platform that they require or visit, all of which, in line with what is provided for in this privacy and cookies policy and the applicable legislation in each case, with it being able to be retained for a maximum of three years for the potential clearing of responsibilities arising out of data processing that corresponds, in line with the current regulations in this context.

• That they may exercise their rights of access, rectification, deletion, limitation of processing, data portability and opposition, by contacting the following email address in writing [email protected] with the Ref. “Exercise of Rights” with a copy of the national identity document or equivalent identification document (passport, NIE....). In the event of considering that their personal rights are not duly met, they may submit a complaint before the competent authority, in this case, the Spanish Data Protection Agency.

4. CONSENT FROM THE INTERESTED PARTY

By accepting this policy, the user grants their clear, free and informed consent for their personal data to be processed for the processing purposes stated in section 3 of this privacy and cookies policy. Specifically regarding cookies, it must be as particularly provided for in section 7 of this policy.

The user will have the ability to choose the processing and destination of their data, according to specific interests and needs in each case, so that, when the processing is based on consent, they will have the right to withdraw it at any time, although this withdrawal will not affect the legality of previous processing by ARS REI, S.L. in any way.

In any case, ARS REI, S.L. could block the usage of the Platform and its services, content and functionalities if the user does not accept this policy, or does not provide consent for the processing of their personal information, in accordance with what is provided for in it.

The acceptance of this policy is independent from the potential acceptance of the specific legal terms and conditions that could govern the users’ contracting the goods and products available via the Platform.

5. SECURITY

ARS REI, S.L. has adopted and applies the security levels that are required by the applicable legislation regarding personal data under its responsibility, according to the corresponding risk approach made, and aims to deploy and/or apply organisation or technical means and measures of additional protection for strengthening the general security of processing with personal data, systems, communications environment and corporate organisation, as well as to guarantee the adequate protection against unauthorised or illicit processing and against its loss, destruction or accidental damage (principle of integrity and confidentiality). However, the user must be aware that the security measures online are not, in any way, impenetrable and they respond to the state of the technique at all times and their cost of application.

To that effect, they will especially consider the application criteria and security measures and other security obligations associated to the GDPR, with special attention paid to what is provided for in article 32 of the GDPR.

6. OBLIGATION OF SECRECY AND CONFIDENTIALITY

ARS REI, S.L. is committed to fulfilling with the obligation of secrecy and confidentiality regarding the information and personal data provided by the users on the Platform, and it is under its control and responsibility, in accordance with the applicable legislation and the risk approach that corresponds at all times.

7. COOKIES POLICY

As established in Recital 30 of the GDPR, individuals can be associated to identifiers online provided by their devices, applications, tools and protocols, like internet protocol addresses, session identifiers in the form of “cookies” or other identifiers, like radio frequency identification labels. This can leave tracks behind that particularly, when combined with unique identifiers and other data received by the servers, can be used to create profiles for the individuals and identify them. For this reason, ARS REI, S.L. has a cookies policy in line with the applicable legislation.

7.1. Applicable law:

Article 22 of Law 34/2002 from 11 July on Information Society Services and Electronic Commerce, regarding the rights of the recipients of marketing messages by email, the service providers can only use data storage and recovery devices on the recipient’s terminal equipment, when they have given their prior informed consent.

For that purpose, these final recipients and users must be granted clear, full information about their use, and in particular about the purposes for the data processing, in compliance with what is provided for in the personal data protection legislation. Therefore, when it is technically possible and efficient, the recipient’s consent to accept the processing of their data could be enabled through use of the navigator’s appropriate parameters or other applications.

The above will not impede the possible storage or access of a technical nature from the purpose of sending a message through an electronic messaging network or, where strictly necessary, for providing an information society service that is expressly requested by the recipient.

7.2. User consent and cookies: general rules and exceptions.

Generally, when the installation and/or usage of cookies involves processing personal data, be they personal or third party cookies, session or persistent cookies, ARS REI, S.L., as the company for the processing, will grant the necessary information in this context and will gather the prior informed consent from the user to install and/or use them.

Those that exclusively allow the communication between the user’s computer and the network and, strictly, those used to provide a service requested by the user are the only ones excluded from this consent. For example, the so-called “technical cookies” would be excluded (e.g. those needed to use the platform or application); as would “the personalisation or configuration cookies” (e.g. which allow the page to recognise the user’s language, etc.); and “the security cookies” (e.g. detecting erroneous and repeated connection attempts to a site), personalisation or configuration cookies” (e.g. which allow the page to recognise the user’s language, etc.); and “the security cookies” (e.g. detecting erroneous and repeated connection attempts to a site)

7.3. Are cookies used on the Platform? What are they?

On the Platform cookies are used, in other words, files or devices that are downloaded onto the terminal equipment of the user (personal computer, smart phone, tablet, terminal and mobile devices, etc.), regardless of its nature, and with the main purpose of guaranteeing that the Platform works correctly (remembering the selected language and other similar functions). Thus, and without prejudice to what is below, cookies will generally allow use of the Platform, as well as certain uses and services available on it, so you are advised that disabling or blocking them could affect your proper or extended use of it.

7.4. Which cookies do we use on the Platform?

The cookies can be personal or third-party. The personal cookies are the ones that are sent or that serve the user’s terminal equipment from the Platform (editor) being managed by it, whilst third-party cookies are those that are sent or that serve the user’s terminal equipment from other domains or computers that are not managed by the Platform (editor), but by another entity that processes the data obtained by way of the cookies.

Likewise, the previous cookies can be session cookies or persistent cookies. The first ones are a type of cookies designed to gather and store data whilst the user accesses the Platform with the main purpose of storing information that is only retained to provide the service requested by the user on one occasion. However, with the second ones, the data is kept on the user’s terminal and can be accessed and processed for a fixed period by those responsible for the cookie.

The cookies can also be technical by allowing the user access through the Platform and the use of the different options or services available on it, for example, controlling the traffic and communication of data, identifying the session, accessing restricted access areas, remembering the elements that make up a contractual request, using security elements during navigation, storing content to broadcast videos or sound or sharing content via social networks.

They can also be personalisation cookies, referring to those that allow the user to gain access to the services with some predefined features depending on certain criteria associated to their own terminal, for example, the type of browser they use to access the service, the regional configuration of the area they access the service from, etc.

In the same way, they can have a statistical or informative purpose for the editor regarding the personal use that the users make of their Platform and the content or services available on it.

Below, there is an informative summary chart of the specific cookies that ARS REI, S.L uses at the moment on the platform:

7.5. Who uses cookies?

The information that is gathered via the cookies that are served via the Platform can be used, both by the owner of it and by a third party that provides a service to this owner.

7.6. Cookies management and configuration

From the information provided in this policy, we offer you information about how you can manage the cookies used on the Platform using the different options that the most popular browsers offer.

You can manage the use of cookies, including blocking them, which will depend on the browser installed on your computer. You can obtain more information about how to manage them by clicking on the following links:

• Google Chrome
• Mozilla Firefox
• Microsoft Internet Explorer

8. VALIDITY AND MODIFICATION OF THE PRIVACY AND COOKIES POLICY

This policy is valid from 16th May 2018. ARS REI,S.L. reserves the right to modify this policy, to adapt it to future legislative, doctrinal or jurisprudential changes applicable, or for technical, operational, commercial, corporate or business reasons, previously and reasonably informing the users of the changes that occur, when possible. In any case, it is recommendable to read this policy in detail every time that you access the Platform, as any modifications will be published in it. Likewise, ARS REI, S.L. will be able to inform the users personally and before the scheduled changes in this policy, before they come into force and where it is technically and reasonably possible, particularly when they regard registered users or ARS REI, S.L. clients.

9. LEGAL CONTACT.

Protecting your rights is important to ARS REI, S.L., so if you have any issue or suggestion that you would like to inform us of regarding this policy, please do not hesitate to contact us via the following email address: [email protected]

10. APPLICABLE LAW AND JURISDICTION

Generally, any controversies or conflicts will be preferentially subjected by the parties to the knowledge of them for the purposes of reaching an agreed, amicable solution, using the channel of legal contact (or data protection delegate if assigned) for these purposes, stated in section 9 of this policy, for what concerns ARS REI, S.L. In the event that this is not possible, meeting the criteria contained in the GDPR for determining the jurisdiction of the leading or main authority for the knowledge of any conflict, controversy or complaint regarding this privacy and cookies policy, at least through administrative proceedings, it is reported that this authority will be the Spanish Data Protection Agency (AEPD), with the obligation to meet what is provided for in article 56 of the GDPR in all cases. With regards the right to effective judicial protection against ARS REI, S.L. in these cases, it will also be as provided for in article 79.2 of the GDPR, with the obligation to exercise the corresponding action before the Spanish Courts as ARS REI, S.L. is a company based in Spain. In any case, the applicable legislation will be Spanish legislation.