PROTECTION OF PERSONAL DATA ACCORDING TO THE LOPD
SPIKE AND FREAK, in application of the current legislation on the protection of personal data, informs that the personal data collected through the forms of the website www.spikeandfreak.com are included in the specific automated files of users for the services of SPIKE AND FREAK.
The purpose of the collection and automated treatment of personal data is to maintain the business relationship and the performance of information, know-how, advice and other activities of SPIKE AND FREAK.
These data will only be transferred to those entities that are necessary for the sole purpose of complying with the previously exposed purpose.
SPIKE AND FREAK adopts the necessary measures to ensure the security, integrity and confidentiality of the data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of Natural persons with regard to the processing of personal data and the free circulation thereof.
The user may at any time exercise the rights of access, opposition, rectification and cancellation recognised in the aforementioned Regulation (EU). The exercise of these rights can be made by the user himself via email to: info@spikeandfreak.com or by postal mail at: c/Principado de Asturias 26 4 º I, CP 28231, Las Rozas, MADRID, Spain
The user states that all the data provided by him is true and correct, and commits to keep them updated, communicating the changes through the website or by email to info@spikeandfreak.com
Purpose of the processing of personal data:
For what purpose will we handle your personal data?
In SPIKE AND FREAK, we will handle your personal data collected through the website www.spikeandfreak.com with the following purposes:
1. In case of contracting the goods and services offered through www.spikeandfreak.com, to maintain the contractual relationship as well as the management, administration, information, provision and improvement of the service.
2. Submission of requested information through the forms arranged at www.spikeandfreak.com
3. Send newsletters, as well as commercial promotions and/or publicity of SPIKE and FREAK and the sector if you have registered in our Newsletter.
We remind you that you may oppose the submission of any means of commercial communications at any time by sending an email to the address listed above.
The fields of such records are compulsory, and it is impossible to make the stated purposes if this data is not provided.
How long do you keep the personal data collected?
The personal data provided will be retained while the business relationship is maintained or not requested to be abolished and during the period by which legal liability for the services provided may arise.
Legitimation:
The processing of your data is done with the following legal bases that legitimize it:
1. The request for information and/or the hiring of the services of www.spikeandfreak.com, whose terms and conditions will be made available to the User in any case, prior to an eventual contract.
2. Free, specific, informed and unequivocal consent, while we inform you by putting at your disposal this privacy policy, which, after reading it and if you agree, can be accept by a declaration or a clear affirmative action such as the marking of a check-box ready for the purpose.
In case you do not provide your data or do it erroneously or incomplete, we will not be able to meet your request, as it will be impossible to provide the requested information or to carry out the contract of services.
Recipients:
The data shall not be communicated to any third party other than SPIKE AND FREAK, unless legally required (in which case it shall be made under the provisions of the Regulations on the protection of personal data).
As managers of treatment, we have contracted to the following service providers, having been committed to comply with the normative provisions, of application in matter of data protection, at the moment of their hiring:
- Google Analytics: A Web analytics service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”). Google Analytics uses “cookies”, which are text files located on your computer to help Spike and Freak analyze the use that web users make. The information generated by the cookie about its use (including your IP address) will be directly transmitted and archived by Google.
- Hosting: Strato, located at Pascalstrasse 10, 10587 Berlin, Germany and with NIF: OF 211 045 709, hosts the web and the databases, both the Web and the customers one.
- Mailing Subscription: Mailchimp, with legal name The Rocket Science Group, LLC Sita en 675 Ponce de Leon Ave NE Suite 5000 Atlanta, GA 30308 USA, is the company we use to send communications by mail to our subscribers.
Intellectual Property Rights
SPIKE AND FREAK is the owner of all copyright, intellectual property, industrial, “know how” and many other rights that are related to the contents of the website www.spikeandfreak.com and the services offered in it, as well as the programs necessary for its implementation and related information.
The reproduction, publication and/or non-strictly private use of the contents, total or partial, of the website www.spikeandfreak.com is not allowed without prior written consent.
Intellectual Property of the software
The user must respect the programs of third parties made available to him by www.spikeandfreak.com, even those being free and/or of public disposition.
SPIKE AND FREAK has the necessary exploitation and intellectual property rights of the software.
The user does not acquire any right or license for the service contracted, on the software necessary for the provision of the service, nor on the technical information to follow up the service, exception made of the rights and licenses necessary for the Fulfillment of the services contracted and only during the duration of the same.
For any action that exceeds the fulfillment of the contract, the user will need written authorization by SPIKE AND FREAK, being always forbidden to the user to access, modify, view the configuration, structure and files of the SPIKE AND FREAK owned servers, then assuming
civil and penal responsibility arising from any incidents that may occur in servers and security systems as a direct consequence of negligent or malicious action on their part.
INTELLECTUAL PROPERTY OF THE CONTENT HOSTED
It is prohibited to use the services provided by SPIKE and FREAK contrary to the legislation on intellectual property and, specially:
• The use that is contrary to Spanish laws or that infringes the rights of third parties.
• The publication or transmission of any content which, in the opinion of SPIKE AND FREAK, is violent, obscene, abusive, illegal, racial, xenophobic or defamatory.
• Cracks, app serial numbers or any other content that violates intellectual property rights of third parties.
• The collection and/or use of personal data of other users without their express consent or contravening the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in the Concerning the processing of personal data and the free movement thereof.
• Use of the domain mail server and email addresses for spamming.
The user has full responsibility for the content of his data, the information transmitted and stored, hypertext links, third party claims and legal actions in reference to intellectual property, third party rights and protection of minors.
The user is responsible regarding the laws and regulations in force and the rules that have to do with the operation of the online service, electronic commerce, copyright, maintenance of public order, as well as universal principles of Internet use.
The User shall compensate SPIKE AND FREAK for the costs generated by the imputation of SPIKE AND FREAK in any cause whose liability is attributable to the user, including legal defense fees and expenses, even in the case of a not definitive court decision .
PROTECTION OF HOSTED INFORMATION
SPIKE AND FREAK makes backup copies of the contents hosted on their servers, however it is not responsible for the loss or accidental deletion of the data by the users. Likewise, it does not guarantee the total replacement of the data deleted by the users, since the aforementioned data could have been deleted and/or modified during the period of time elapsed since the last backup.
The services offered, except for the specific backup services, do not include the replacement of the contents retained in the backups made by SPIKE AND FREAK, when this loss is attributable to the user; In this case, a rate will be determined according to the complexity and volume of the recovery, always prior to the user’s acceptance.
The reposition of deleted data is included only in the price of the service when the loss of the content is due to causes attributable to SPIKE AND FREAK.
COMMERCIAL COMMUNICATIONS
In application of the LSSI. SPIKE AND FREAK shall not send advertising or promotional communications by e-mail or other equivalent electronic means of communication which previously had not been requested or expressly authorized by the recipients thereof.
In the case of users with whom there is a prior contractual relationship, SPIKE AND FREAK is authorized to send commercial communications regarding SPIKE AND FREAK products or services that are similar to those that were initially the subject of a contract with the client.
In any case, the user, after accrediting his/her identity, may request that no more commercial information be obtained through the Customer Service channels.
USE OF COOKIES
“Cookies” are a tool used by web servers to store and retrieve information about their users.
“Cookies” are messages sent by the server to the user’s computer, consisting of text files that are stored in the computer’s memory and that collect information about the pages that are visited, the length of Internet connection, etc. Cookies are re-sent to the server each time the user enters that page. The purpose of the “cookies” from SPIKE AND FREAK is to customize the services we offer, providing information that may be of interest. If you do not want to install a cookie on your hard drive you can configure your computer’s browser to not receive them. However, we note that, in that case, the quality of the website’s operation may be reduced. “Cookies” are associated only with an anonymous user and their computer, and do not provide the customer’s personal data, nor can they read data from their hard drive or read the cookie files created by other vendors.
You can see more information about cookies in the following link:
UNDER AGE USERS
THE COMPANY does not consider the content of its website, as of interest to minors, however, the R.D. 1720/2007 in Article 13.1 contemplates that: “The data of those over fourteen years of age may me treated with their consent, except in those cases in which the law requires for its benefit the assistance of the holders of the parental authority or guardianship “. THE COMPANY does not respond to the data of minors of this age that has been provided without proper information of this fact and have been facilitated without the consent of the parents or guardians.
CHANGING THE PRIVACY POLICY
THE COMPANY reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a doctrinal change, legislative or jurisprudential, from the Spanish Agency of Data Protection (Agencia Española de Protección de Datos). Any modification of the Privacy Policy will be published at least ten days prior to its effective application. Use of the WEB after such changes will imply acceptance of the Website.