LEGAL NOTICE

1) Information about the ownership of the Website

The owner of this Website and service provider is Martínez Otero Contract, S.L., with VAT number: B-36.481.844, whose registered office is at Avenida de Pontevedra, 97 - A Estrada (Pontevedra; Spain).

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The term Website includes, without limitation, the data, texts, graphs, images, animated graphics, thumbnails, musical creations, videos, sounds, drawings, pictures, among others within it, as in general, all creations expressed by any means or support, tangible or intangible, regardless of whether they are liable or not to be part of the Intellectual Property according to the in force Consolidated Text of the Spanish Law of Industrial and Intellectual Property.

2) Use Policy

By accessing this website, the Internet user is solely responsible of the use of it, and it means he/she must acknowledge, accept and agree to the terms and conditions and legal warnings included in the website. He/she must warrant the authenticity and truthfulness of all the data provided to fill in the sign-up forms, as in any other subsequent situation. The Internet user is also responsible for updating the provided information, as long as it reflects an actual situation. The user is responsible for the inaccuracy or lack of truthfulness of the presented data. 

The access to this site implies that the user acquires a series of rights and obligations, in order to guarantee the suitable use of the services and content found within it. The Internet user undertakes to fully respect the rights cited above and the current legal notice by remaining bonded to not to use this content for wrong or forbidden purposes, which could be illegal or violate the in force law to the detriment of Martínez Otero Contract or third parties, or could cause either direct or indirect damages or losses.

3) Ownership of Intellectual Property Rights

The Internet user accepts to undertake Martínez Otero Contract’s ownership of Intellectual Property Rights. The use or access allowance to this Website does not grant the user any rights in or licenses to the Website and its content or any rights upon the brands, trademarks, company names or any other distinctive sign included in the Website. 

Any commercial use of the content of the Website is expressly prohibited. The user will not otherwise sell, copy, transmit, distribute, modify, transmit publicly, transfer, transform or use the content of this website for commercial purposes.

Also, by virtue of the provisions on the current Legal Notice, it is forbidden to reproduce totally or partially the content of this Website without the express consent of Martínez Otero Contract. The access to the content and services on the Website does not confer, in any case, the user with any right in it.

4) Personal Data Protection (Privacy Policy)

In accordance with the Regulation for the Implementation of the European Organic Law of on the Protection of Personal Data (hereinafter referred to as the LOPD 2016/679 or LOPDCP), by the European Parliament and Council from the 27th April 2016 (GDPR), and the Spanish Organic Law 3/2018, from the 5th December, on the Protection of Personal Data and digital rights warranty (LOPDGDD), as detailed below:

Responsible for processing personal data

The responsible for the treatment of personal data shall be the legal entity who defines the purposes and means of the processing of personal data. In other words, the responsible shall decide how and to what end personal data shall be processed.

For the purpose of the current Data Protection Act, the responsible for processing personal data shall be:

 

WHAT KIND OF PERSONAL DATA DO WE PROCESS AND HOW DO WE SECURE IT?

Personal data is formed by all kind of information regarding an identifiable or recognisable natural person 

For the purposes established on this Privacy Policy, the Company will collect and use the personal data specified in every process according to the required services available or the contractual relationship our clients keep with the Company. 

At Martínez Otero Contract, S.L. we will use individuals’ personal data with the utmost confidentiality. We are engaged to ensure the security of every piece of personal information by adopting all the safety standards in our power, physical, technical and organizational.

The individual shall guarantee and be responsible, in any case, of the veracity, accuracy, validity, and authenticity of the personal data provided and will be engaged to keep it up to date.

 

PROCESSING CUSTOMER’S PERSONAL DATA

1. What kind of personal data do we collect?

 

2. To what end do we use your personal data?

We only use the personal data provided for the company’s data management of its customers, in order to keep a balanced commercial relationship, to keep a proper accounting administrative and invoicing management, as well as in compliance with tax obligations.

Also, for advertising purposes and market research, for what we will require the written express consent of the person concerned.

Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or purposes and will be kept until the commercial relationship ends. If the client decides to cancel his/her personal data, it could be kept in our database in compliance with the periods established by the Law in order to do right by the tax and accounting obligations. It shall be deleted from our database as soon as those obligations legally expire or where applicable.

 

3. What is the legitimization of data processing?

The legal basis for the data processing is the enforcement of an agreement, as well as the compliance of a legal duty by the responsible.

Through the client’s express written consent, the Company will be able to contact him/her by post or e-mail, in order to send him/her commercial communications about our own products which may be interesting for him/her.

 

4. To whom we will communicate your data?

We shall only use the personal data we collect for the purpose it is provided and only share it to the extent you have agreed to. The Company will only disclose personal data to government agencies and authorities where legally required.

Regarding international transfers, the Company will not foresee any transaction of personal data.

 

PROCESSING PERSONAL DATA FROM CONTACTS AND POTENTIAL CUSTOMERS

1. What kind of personal data do we collect?

 

2. To what end do we use your personal data?

We shall only use the personal data provided for the company’s data management of business contacts and potential customers, which we obtain from the contact forms.

Also, for advertising purposes and market research, for what we will require the written express consent of the person concerned.

Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or purposes and will be kept until the commercial relationship ends. If the individual decides to cancel his/her personal data, it will be deleted from our database as soon as those obligations legally expire or where applicable.

 

3. What is the legitimization of data processing?

The legal basis for the data processing is the enforcement of an agreement, as well as the compliance of a legal duty by the responsible.

 

4. To whom we will communicate your data?

The Company will not disclose any customer’s personal data to any other organization.

Regarding international transfers, the Company will not foresee any transaction of personal data.

 

PROCESSING PERSONAL DATA FROM SUPPLIERS

1. What kind of personal data do we collect?

 

2. To what end do we use your personal data?

We only use the personal data provided from our suppliers for the company’s data management, in order to keep a balanced commercial relationship, to keep a proper accounting administrative and invoicing management, as well as in compliance with tax obligations.

Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or purposes and will be kept until the commercial relationship ends. If the supplier decides to cancel his/her personal data, it could be kept in our database in compliance with the periods established by the Law in order to do right by the tax and accounting obligations. Personal data will be deleted from our database as soon as those obligations legally expire or where applicable.

 

3. What is the legitimization of data processing?

The legal basis for the data processing is the enforcement of an agreement, as well as the compliance of a legal duty by the responsible.

 

4. To whom we will communicate your data?

We only use the personal data we collect for the purpose it is provided and only share it to the extent you have agreed to. The Company will only disclose personal data to government agencies and authorities where legally required.

Regarding international transfers, the Company will not foresee any transaction of personal data.

 

PROCESSING PERSONAL DATA FROM JOB APPLICANTS

1. What kind of personal data do we collect?

 

2. To what end do we use your personal data?

We shall only use the personal data obtained from the recruitment process for the company’s data management.

The personal data provided will be retained for a period of 5 years, as long as the person concerned has not withdrawn consent to be able to continue storing their curriculum vitae for future selection processes. If you decide to cancel your personal data, they will be deleted from our database of job candidates.

 

3. What is the legitimization of data processing?

Execution of a contract between the data subject and the controller or to implement pre-contractual measures.

 

4. To whom we will communicate your data?

The Company will not disclose any personal data to third parties.

Regarding international transfers, the Company will not foresee any transaction of personal data.

 

PROCESSING CCTV’S PERSONAL DATA

a. What kind of personal data do we collect?

 

2. To what end do we use your personal data?

We only use the personal data obtained from the CCTV systems installed in our devices for safety reasons.

Personal data processed from the CCTV system shall not be kept for more than a month or as long as applicable by Law.

 

3. What is the legitimization of data processing?

The legal basis for the data processing resides in the satisfaction of legitimate interests pursued by the responsible for this processing.

 

4. To whom we will communicate your data?

The Company will not disclose its employees’ personal data except for government agencies and authorities when legally required by Law Enforcement Agencies.

Regarding international transfers, the Company will not foresee any transaction of personal data.

 

WHICH RIGHTS DO YOU ACQUIRE BY PROVIDING US WITH YOUR PERSONAL INFORMATION?

a. Right to be informed: Individuals shall have the right to be informed about the collection and use of their personal data and they have the right to receive that information in a concise, transparent, intelligible, easily accessible way, with the use of a clear and plain language.

b. Right of access: individuals shall have the right to obtain confirmation that the Company is processing their personal data, a copy of their personal data and other supplementary information. It helps individuals to understand how and why the Company is using their data and check if we are doing it lawfully. The copy of personal data will be free of charge even though it will not be so regarding the extra copies which will be subject to a reasonable cashing based on administrative costs. Speaking for ourselves, we shall require an individual to identify himself/herself or ask for more information necessary to manage their applications or requests.

c. Right to rectification: individuals shall have the right to have inaccurate, non-updated, or incomplete personal data rectified. And individual may also be able to have incomplete personal data completed, although this may involve a supplementary statement to the incomplete data.

d. Right to erasure: individuals shall have the right to have personal data erased in case the personal data are no longer necessary for the purpose which were originally collected or processed for. However, this right is not absolute and only applies in certain circumstances. The Company shall keep them properly blocked in some cases provided by Law.

e. Right to restrict processing: individuals shall have the right to restrict the processing of their personal data in certain circumstances. This means that the organization shall keep the data but we will not be able to use their data but not continue to use them in the following circumstances:

f. Right to data portability: individuals shall have the right to receive personal data they have provided to a controller in a structure, commonly used and machine-readable format. It also gives them the right to request that a controller transmits this data directly to another controller. The right to data portability only applies when our lawful basis for processing this information is consent or for the performance of a contract and the Company is carrying out the processing by automated means.

g. Right to object: individuals shall have the right to object to the processing of their personal data, including profiling. The right to object only applies in certain circumstances. Whether it applies depends on the Company purposes for processing and the Company lawful basis for processing. The Company shall continue processing personal data y we can demonstrate compelling legitimate grounds for the processing or the processing is for the establishment, exercise or defence of legal claims.

h. Right related to automated decision making including profiling: the data subject shall have the right to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her similarly significantly affects him or her, except if that decision is necessary for entering into or performance of a contract between an organisation and the individual, it is authorised by law, or it is based on the individual’s explicit consent. 

i. Right to withdraw consent: In those cases, the Company had obtained the individual’s consent for processing the data regarding certain activities (for instance, in order to send him or her commercial communications), the individual shall withdraw his or her consent immediately. This way, the Company shall refrain from doing this activity for which it had received previous consent unless there is any other reason justifying the continuity of data processing for these purposes, in which case, the Company shall notify the individual.

j. Right to make a complaint before any public authority: individuals shall be entitled to submit a complaint to the Spanish Data Protection Agency (hereinafter referred to as AGPD), located in the address: C/ Jorge Juan 6, 28001 Madrid (Spain), by telephone number: +34 901 100 099 and  +34 912 663 517 (www.agpd.es), or by visiting their website: https://sedeagpd.gob.es/sede-electronica-web/vistas/formQuejasSugerencias/seleccionarQuejaSugerencia.jsf

Likewise, at any time, individuals shall have the right to exercise their rights of access, rectification, erasure and object to the processing of their personal data by sending us a request to the email address: This email address is being protected from spambots. You need JavaScript enabled to view it. or by writing us to Martínez Otero Contract, S.L., Avda. de Pontevedra 97 – A Estrada (Spain). The company would like to remind individuals of the fact that they must attach a copy of their ID cards or equivalent documents to accredit their identity in order to process their applications.

Concerned individuals may obtain additional information about their rights on the AGPD’s website: www.agpd.es.

 

5) Cookies Policy

Martínez Otero Contract reserves the right to use Cookies (small pieces of text used to store information on computers, phones, and other devices) and other technologies, including data we store on your web browser or device. We use cookies on our Website to constantly improve the user’s browsing experience on our Website and to manage online use and access.

We do not use Cookies from third parties to provide or collect personal information from you, the user, in any way, and our Cookies will not be used to identify you or to track your pace while you are surfing our Website.

 

6) Legal Disclaimer and Limitations

Martínez Otero Contract does not accept any responsibility or liability for any consequential, indirect, special, punitive or incidental damages or losses whatsoever with regard to the following:

 

7) Applicable Law and Jurisdiction

These Terms and Conditions are governed by the laws of Spain and will be interpreted in accordance with the Spanish courts.

The Spanish courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.

Both parties, expressly waiving their own jurisdiction, submit to the authority of the appropriate Courts of Law of A Estrada, Pontevedra (Spain).