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privacy policy

Last updated: August 2023.

TERMS OF USE AND PRIVACY POLICY FOR THE WEBSITE

These terms and conditions of use, and privacy policy, regulate the use according to Directive-UE-2009/136, dated November 25th, which amends Law 34/2002, last modification 09/05/2023, on Information Society Services and Electronic Commerce of the WEBSITE: https://www.optimaretail.eu, of which OPTIMA RETAIL, SL, with VAT ID: B-66409087, Commercial Registry of BARCELONA, Volume: 44557, Folio: 207, Section 8, Sheet: B 459826, with Registered Address at Carrer de la volta dels garrofers 54, Código Postal: 08340, Localidad: VILASSAR DE MAR, Province: BARCELONA, is the owner.

1. INFORMATION ABOUT THE WEBSITE:

The terms and conditions of use and privacy clauses of the WEBSITE: https://www.optimaretail.eu, of which OPTIMA RETAIL, SL is the administrator, regulate the online booking of our services under the conditions outlined on this website.

OPTIMA RETAIL offers global facility maintenance services worldwide, providing all types of preventive and corrective maintenance services, with guaranteed availability 24 hours/365 days a year, emergency response, and free online management and control platform, including services such as electricity, HVAC, plumbing, painting, locksmith, surveillance, carpentry, cleaning, sound, and masonry, among others.

Due to the content and purpose of the WEBSITE:

1. Users and registered workers on our website who already have access credentials to the INTRANET access form to request our services as customers must have accepted the terms of use and privacy policy of the website.

2. Those who wish to obtain information must fill out the contact form or schedule an online meeting with us.

3. Those requesting a demonstration of our services must fill out the DEMO form.

4. Those seeking to work with us and become part of our professional maintenance team in Retail should submit their Curriculum Vitae in the registration form for consideration in future personnel selection processes.

5. If you are a self-employed individual or a company with demonstrable experience in facility maintenance, you must register in the registration form with the requested data and information.

Files:

The data of registered companies and self-employed individuals applying for collaboration, as well as the personal information and data of those wishing to work with us and clients who provide their data to receive our services, will be included in an automated file for their protection in accordance with RGPD-UE-2016/679, LOPD-3/2018, guaranteeing digital rights, Directive 2009/136/EC for e-commerce, and LSSI-Electronic Commerce-34/2002, with the latest modification on 09/05/2023, Directive 2011/83/UE on consumer rights, and Law 3/2014, of March 27th, amending the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by RD. 1/2007, with the modification dated 03/11/2022.

2. CONSENT OF THE INTERESTED PARTIES:

Data to be processed: Contact and user information.

In compliance with the General Data Protection Regulation EU-2016/679, articles 5, 6, 7, 9, and 13; LOPD 3/2018, guaranteeing digital rights, in its Title II and articles; Directive-UE-2016/943, and Law 1/2019, on Trade Secrets, you are informed that the Data Controller for your personal data, contact, and information is OPTIMA RETAIL, SL, which will process the information of the personal data provided to us by users lawfully, fairly, and transparently in relation to the data subject, for specific, explicit, and legitimate purposes. They will be processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, by applying appropriate technical or organizational measures. The data subject has the right to lodge a complaint with the AEPD Control Authority.

Data security breach under Art. 33 GDPR: In case of a personal data breach, the data controller shall notify the competent supervisory authority pursuant to Article 55 without undue delay and, where feasible, not later than 72 hours after becoming aware of it.

Workers providing their professional information give their consent to OPTIMA RETAIL, SL, to process their personal data and professional information when registering in the REGISTRATION form. This information will include the CV (curriculum vitae), and individuals requesting professional collaboration with us or a demonstration of our services, their personal data will be processed with security and privacy.

Consent of minors: According to Article 6(f) and Article 8(1) of GDPR-UE-2016/679 and LOPD-3/2018, on the protection of minors on the Internet, it is stipulated that the individual must be at least 16 years old for their consent to be considered lawful.

3. REGISTRATION PROCESS:

Once the REGISTRATION process as a job applicant or for requested information is completed, meaning with the acceptance of the terms of use and privacy policy and confirmation of the REGISTRATION process, the administrator of the website, https://www.optimaretail.eu, will communicate the requested information or service to the applicant.

4. NEWSLETTER:

OPTIMA RETAIL, SL, offers a Newsletter for the promotion and information of our services aimed at customers who wish to subscribe using the form provided on the website and by registering with their email address while accepting the Terms of Use and Privacy Policy of our website. This service uses technological solutions provided by OPTIMA RETAIL, SL.

In this regard, by explicitly accepting the Terms of Use and Privacy Policy, the user agrees that their data will be processed for this service.

5. ACCESS TO USER REVIEWS:

The comments posted on this website by customers and users are subject to the provisions of Royal Legislative Decree 24/2021, of November 2nd, amending the consolidated text of the General Law for the Defense of Consumers and Users, approved by Royal Decree-Law 1/2007.

Article 20.4 states that commercial practices in which a web entrepreneur provides access to consumer and user reviews on goods and services must include information on whether the entrepreneur guarantees that these published reviews have been made by consumers and users who have actually used or purchased the goods or services. To this end, the entrepreneur must provide clear information to consumers and users about how the reviews are processed.

USERS have the opportunity to write reviews about the activities and services of this website through an explicit form for this purpose. By accepting this Privacy Policy, they agree to share their personal data and image.

The content published, along with the user's name and profile picture, may also appear on third-party websites that use embeddable Google widgets or the Google Maps Platform API and others.

If you do not wish to share your experience, images, videos, or location, do not use this service to post content.

6. ADVERTISING ON THE WEBSITE:

The website: https://www.optimaretail.eu, may host advertising or sponsored content. Advertisers or sponsors are solely responsible for ensuring that the material submitted for inclusion on the website complies with the laws

 that may apply in each case. OPTIMA RETAIL, SL, will not be responsible for any errors, inaccuracies, or irregularities that may be contained in the advertising content or from the sponsors.

7. WITHDRAWAL OR DELETION:

The content of these web registration clauses serves as proof between the job applicant or service information seeker and the website administrator, in accordance with GDPR-UE-2016/679, articles 6, 9(b), and 15 to 21, and LOPDGDD-3/2018, Chapter II, and Law 1/2019 on Trade Secrets. The USER may exercise their right to withdraw from the contract or delete their data by communicating with the website administrator in the manner and form specified.

8. WEBSITE AVAILABILITY:

The website administrator will make every effort to resolve all inquiries and requests from all USERS as quickly as possible.

However, on occasion, and due to causes that are difficult to control by the website administrator, such as human errors or incidents in computer systems, it is possible that the speed provided to USERS may not be adequate to complete the requested registration process.

In the event that registration form submission is unavailable or the process cannot be completed, after submitting the form, the USER will be informed by email of the complete cancellation of their registration, and they will need to re-submit the entire registration process to the desired form.

9. WEBSITE SECURITY:

The website administrator has the highest commercially available security measures in the sector. The secure server establishes a connection so that information is transmitted encrypted using 128-bit to 256-bit algorithms, ensuring that it is only intelligible and comprehensible to the USER's device and the WEBSITE's server. Thus, by using the SSL protocol, "Secure Socket Layer," the predecessor of the TLS protocol, "Transport Layer Security," cryptographic protocols are employed that provide privacy and integrity in secure communications over a communication network, commonly the internet, ensuring that information transmitted over such network cannot be intercepted or altered by unauthorized elements, guaranteeing that only legitimate senders and recipients have access to the communication in an integral manner, ensuring that:

a). The USER is communicating their data to the server center of the website administrator and not to any other party attempting to impersonate it.

b). Data is transmitted encrypted between the USER and the server center of the website administrator, preventing possible reading or manipulation by third parties.

10. ACCESS AND STAY ON THE WEBSITE:

USERS are solely responsible for their behavior when accessing the information on the WEBSITE while browsing it, as well as after accessing it:

The consequences that may arise from using, for prohibited or allowed purposes, in violation of the intellectual property and/or industrial property rights, any content of the WEBSITE, whether produced by the website administrator or published under its name officially.

As well as the consequences that may arise from the contrary use of the content of this document and the detriment of the interests or rights of third parties, or that may damage, disable, or impair the WEBSITE or prevent its normal use by other users.

The website administrator reserves the right to update the contents whenever it deems appropriate, as well as to delete, limit, or prevent access to them, temporarily or permanently, and to deny access to the WEBSITE to USERS who misuse the contents and/or violate any of the terms and conditions contained in this document.

The website administrator informs that it does not guarantee:

a). That access to the WEBSITE and/or linked websites will be uninterrupted and error-free.

b). That the content or software accessed by USERS through the website or linked websites does not contain any errors, computer viruses, or other elements in the content that could produce alterations in their system or in electronic documents and files stored on their computer system or cause other types of damage.

c). The use of information or content from the WEBSITE or linked websites that USERS may make for their personal purposes.

11. MODIFICATION OF TERMS AND CONDITIONS OF USE:

The website administrator reserves the right to modify, at any time, the presentation and configuration of the WEBSITE, as well as these terms and conditions of use and privacy.

Therefore, the website administrator recommends that the USER carefully read the terms and conditions of use and privacy each time they access the WEBSITE.

USERS will always have these terms and conditions of use and privacy in the corresponding registration form or in a well-visible, freely accessible place for any inquiries they wish to make.

12. OUR WEB RESPONSIBILITY:

The website administrator assumes no responsibility derived, by way of example but not limited to:

1. The use that USERS may make of the WEBSITE or linked websites, whether prohibited or allowed, in violation of intellectual and/or industrial property rights.

2. Any damages and losses to USERS caused by the normal or abnormal operation of the content search and location tools and/or access to the WEBSITE, or the errors or problems that may arise in the development or implementation of the technical elements provided by the WEBSITE.

3. The content of those pages that USERS may access through links included on the WEBSITE, whether authorized or not. The website administrator will not be responsible in any case when:

a. Errors or delays occur in accessing the WEBSITE by the USER when entering their data in the registration form, slow or impossible reception of the registration confirmation by recipients, or any anomaly that may arise when these incidents are due to problems on the Internet network, fortuitous events, or force majeure, and any other unforeseen contingency beyond the good faith of the website administrator, such as,

b. Errors or incidents that may occur in communications, deletions, or incomplete transmissions, so it cannot be guaranteed that the services of the website will be constantly operational.

c. Errors or damage caused to the website by inefficient use and bad faith by the USER.

d. The inoperability or problems with the email address provided by the USER for sending information.

In any case, the website administrator is committed to solving any problems that may arise

 and to providing all necessary support to the USER to reach a quick and satisfactory resolution of the incident.

Additionally, the website administrator has the right to carry out promotional campaigns to encourage the registration of new users to its online service.

13. INTELLECTUAL AND INDUSTRIAL PROPERTY:

The website administrator holds all rights to the content, design, and source code of this page and WEBSITE.

USERS are informed that these rights are protected by current Spanish and international legislation on intellectual and industrial property, Royal Legislative Decree 1/1996, of April 12, last modification on 03/30/2022, Directive-UE-2019/790 of the European Parliament and of the Council of April 17, 2019, on copyright and related rights in the digital single market.

The website administrator informs that it does not grant any license or implicit authorization on intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the content included on the WEBSITE: https://www.optimaretail.eu.

14. NULLITY:

In the event that any clause of these terms and conditions of web use is declared null and void, the rest of the clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these terms and conditions.

15. APPLICABLE LAW AND ARBITRATION:

These terms and conditions of use are governed by the applicable Spanish legislation. To resolve any dispute or conflict that may arise, the parties submit to the jurisdiction of the courts of MATARÓ, Judicial District of CABRERA DE MAR, the place of origin of the entity, OPTIMA RETAIL, SL, owner of the WEBSITE, unless the law imposes another jurisdiction.

15.1. DISPUTE RESOLUTION:

By Law 7/2017, in its Article 40.5, which incorporates into the Spanish legal system Directive 2013/11/UE, and Regulation-UE-524/2013 of the European Parliament and of the Council, in its Article 5.1, which contains provisions on alternative dispute resolution in consumer matters: Online Dispute Resolution Platform (click here).

16. DATA PROTECTION AND PRIVACY POLICY:

USERS agree to navigate the WEBSITE and use its content in good faith.

In compliance with the provisions of GDPR-UE-2016/679, LOPDGDD-3/2018, LSSI-34/2002, and Law 11/2022 on General Telecommunications, we inform you that completing any form on the WEBSITE: https://www.optimaretail.eu, or sending an email to any of our mailboxes implies acceptance of this privacy policy, as well as authorization to the website administrator to process the personal data provided by interested parties, and this data will be incorporated into a file owned by OPTIMA RETAIL, SL, Data Controller and/or website administrator.

The data of USERS will be used to send information about service activities via email, both online and offline, by the website administrator.

By merely visiting the WEBSITE, USERS do not provide personal information and are not obliged to do so.

Exercise of rights:

OPTIMA RETAIL, SL, informs of the possibility of exercising the rights of access, which allows the website user to know what personal data the website administrator has, and in such a case, it will respond within 30 days, provided it keeps the data, rectification, opposition, deletion, limitation, and portability. These rights can be exercised by any means that provides proof of sending and receipt to the address of the website administrator or to the email: info@optimaretail.es, by providing a photocopy of the ID card or alternative documentation proving your identity.

Sending your data through the form(s) on our website is contingent upon your acceptance of these terms of use through a checkbox at the bottom of the form or webpage.

In accordance with the provisions of Law 34/2002, on Services of the Information Society and Electronic Commerce in its article 21, we request your consent to send advertising communications that we consider may be of interest to you, by email or by any other equivalent electronic means of communication, which you will accept by accepting these terms of use through a checkbox at the bottom of the form or webpage.

To modify, update, or cancel your personal data, the USER will write from the email of their account to info@optimaretail.es, with the subject that they request.

LSSI-CE AND DATA PROTECTION CERTIFICATES;

OPTIMA RETAIL, SL, owner of the website: https://www.optimaretail.eu, is advised on current electronic commerce and data protection regulations such as GDPR-UE-2016/679, LOPDGDD-3/2018, LSSI-CE-34/2002, and General Telecommunications Law 11/2022 by GRUP QUALIA. Therefore, a certificate in digital image format is granted to it so that it can display it on its website.

Updated August 9, 2023.

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