PRIVACY POLICY

DATA CONTROLLER

This legal notice and information regulates the use of the services of the internet portal under the domain: www.momabikes.com

In compliance with the duty of information established by Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, we hereby inform you that this website is the property of:

MOMA TRADE, S.L.U. (Data Controller), with tax identification number (CIF) B66424045 and registered office at C/ NÀPOLS, 111 – 08013 Barcelona, Spain, registered in the Barcelona Mercantile Register, Volume 44605, Book 19, Page 460937, Entry 1.

Contact email: info@momabikes.com

 

OBJECTIVE

The data controller provides users with this document with which it seeks to comply with the provisions of current legislation on data protection, and in the context of the new regulatory framework established by virtue of 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 of such data (hereinafter the "GDPR"), and the national regulations of Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (hereinafter the "LOPDGDD"), as well as to inform all users of the website of the conditions for the use of the same.

Any individual who accesses this website assumes the role of user, committing themselves to the observance and strict fulfilment of the provisions set forth herein as well as any additional legal provisions that may be applicable. 

The data controller reserves the right to modify any type of information that may appear on the website without there being any obligation to give prior notice or to inform users of these obligations, it being understood that publication of this information on the data controller's website is sufficient.

 

LIABILITY

The data controller is exempt from any type of responsibility resulting from the information published on its website, providing that this information has been manipulated or inserted by a third party.

 

IP ADDRESSES

The website's servers will be able to automatically detect the IP address and domain name used by the user. 

An IP address is a number that is automatically assigned to a computer when it connects to the internet. All this information is recorded in a server activity file, which is duly registered and which allows the subsequent data processing for the sole purpose of obtaining statistical measurements that enable websites to know the number of page printouts, the number of visits made to the web servers, the order of visits, the access point, etc.

 

LINK POLICY

From this website, it is possible for you to be redirected to content from third-party websites. As the data controller cannot always control the content introduced on the website by third parties, it does not assume any liability for such content. In any case, the data controller hereby declares that it will immediately remove any content that may contravene national or international legislation, morality or public order, and will immediately remove the referral to the said website, informing the competent authorities of the content in question. 

The data controller is not liable for the information and content stored, including but not limited to, on forums, chat rooms, blog posts, comments, social networks, or any other medium that allows third parties to publish content independently on the data controller's website. Nevertheless, and in compliance with the provisions of Articles 11 and 16 of the LSSICE, the data controller makes itself available to all users, authorities, and security forces, actively collaborating in the withdrawal or, where appropriate, blocking of all content that may affect or contravene national or international legislation, the rights of third parties, or morality and public order. If the user considers that there is any content on the website that could be susceptible to this classification, please notify the website administrator immediately. 

This website has been reviewed and tested to ensure that it functions correctly. Generally, correct functioning can be guaranteed 365 days a year, 24 hours a day. However, the data controller cannot rule out the possibility of certain programming errors or the occurrence of force majeure, natural disasters, strikes, or similar circumstances that may make it impossible to access the website.

 

DATA PROTECTION

The data controller is deeply committed to complying with the provisions of current legislation on data protection, and in the context of the new regulatory framework established by virtue of 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 of such data (hereinafter the "GDPR"), and the national regulations of Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (hereinafter the "LOPDGDD").

Likewise, the data controller informs that it is in compliance with Law 34/2002 of 11 July on Information Society Services and Electronic Commerce and will seek your consent for the processing of your data for commercial purposes at all times.

 

INTELLECTUAL AND INDUSTRIAL PROPERTY

The website, including but not limited to its programming, editing, assembly, and any other elements necessary for its operation, the designs, logos, text, and/or graphics are the property of the data controller or, where appropriate, have the license or the express authorisation of the owners. 

All of the content of the website is duly protected by intellectual and industrial property regulations. 

Regardless of the purpose for which the content was intended, its total or partial reproduction, use, exploitation, distribution and/or marketing requires the prior written permission from the data controller at all time. Any use not previously authorised by the data controller will be considered a serious breach of the author's intellectual or industrial property rights. 

The designs, logos, text, and/or graphics that do not belong to the company and that may appear on the website belong to their respective owners, who are responsible for any possible controversy that may arise in connection with them. In any case, the data controller has the express and prior authorisation for use from the same. 

The data controller expressly authorises third parties to redirect directly to the specific content of this website and in all cases, should redirect to the homepage of the data controller's website. 

The data controller recognizes the corresponding intellectual and industrial property rights on behalf of their holders, not implying the existence of any rights or responsibility of the data controller over them through their mere mention or appearance on the website, nor any endorsement, sponsorship, or recommendation on its part. 

For all the images in which the design software allows it, the corresponding references to the ownership and corresponding licenses have been included. 

Any kind of observation regarding possible infringements on the intellectual or industrial property rights as well as on any of the contents of the website, can be sent in writing or by email to the addresses indicated in the header.

 

SSL

The data controller has contracted a SSL certificate ("Secure Sockets Layer") for the website. 

An SSL certificate allows for the protection of all personal and confidential information that can be processed on a website, regardless of the information being transmitted, like, for example, from any of the contact forms on the website to the server or the data introduced to subscribe to newsletters or access protected areas, etc. 

The website address will appear in green, activating the "https" protocol that allows secure connections from a web server to the user's browser. 

 

PRIVACY POLICY

MOMA TRADE, S.L.U. informs website users of its policy regarding the processing and protection of users' and customers' personal data that may be collected by browsing its website.

 

Data controller:

MOMA TRADE, S.L.U.

Tax ID (CIF): B66424045

Registered address: C/ NÀPOLS, 111 - 08013 BARCELONA, SPAIN

Registration data: Barcelona Mercantile Register, Volume 44605, Book 19, Page 460937, Entry 1 

Contact email:

info@momabikes.com     

 

Purpose of personal data processing: The data will be used to maintain a commercial relationship with the user. The planned processing operations are as follows:

– to send commercial marketing messages by email, fax, SMS, MMS, social networks, or any other electronic or physical means, present or future, which makes it possible to carry out commercial communications. These communications will be produced by the data controller and related to its products and services or those of its collaborators or suppliers with whom it has reached a marketing agreement. In this case, third parties will never have access to this personal data.

– to process orders, queries, or any type of request made by the user through any of the contact methods made available to them.

– to send the website's newsletter. 

Data retention criteria: The personal data provided will be kept until the interested party requests its deletion, exercising their rights over the data, and at all times in compliance with the legal limitation periods applicable to them. 

Legitimacy: The legal basis for the personal data processing is based on the express consent of the person concerned or, where appropriate, for the execution of a contract and/or service. The right to withdraw consent may be exercised at any time without affecting the lawfulness of the processing based on consent prior to its withdrawal.

Recipients: The data will be used by the data controller. The data controller may also legitimately communicate personal data to data processors for the execution of a contract or for the provision of a service for the data controller, consequently following the data controller's instructions at all times and ensuring the same levels of security. 

Rights: The user has the right to:

  • request access to their personal data that is being processed and to receive such information in writing by the means requested.
  • request the correction of inaccurate personal data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purpose for which it was collected.
  • request restrictions on the processing of their data.
  • oppose the processing of their personal data where appropriate, in which case their data will not be processed further other than for legitimate reasons.
  • personal data portability when the processing is based on consent and is carried out by automated means. The data will be delivered in a structured format that is commonly used and machine readable.
  • withdraw any consent given.
  • file a complaint with the Spanish Data Protection Agency. 

Users can exercise the aforementioned rights by using the following mailing or email address, duly identifying themselves and clearly stating the right to be exercised:

MOMA TRADE, S.L.U.

Mailing address: C/ NÀPOLS, 111 - 08013 BARCELONA, SPAIN

Email address: info@momabikes.com

 

Origin of the data: The personal data will be provided by the interested party on an absolutely voluntary basis. Failure to provide certain data or answers to questions that may be presented in the registration process or in the various electronic forms presented to the user may make it impossible to access certain services for which it is essential to have personal data. In this case, the data controller will inform the user of the obligatory and/or necessary nature of providing personal data for the purpose of providing the service. 

The data controller ensures the confidentiality of your personal data and guarantees its security, adopting the necessary measures to avoid its alteration, loss, and unauthorised processing or access. 

If you are under 18 years of age, you are not allowed to use the forms on our website. 

Users, by entering their data into the contact forms or submitting them to the download forms, expressly and freely accept that their data is required for the data controller to be able to deal with their request, and the inclusion of their data in the remaining fields is voluntary. 

The user guarantees that the personal data provided is true and is responsible for communicating any changes to the same. 

All of the data requested by the website is necessary to provide optimal service to the user. In the event that all the data is not provided, there is no guarantee that the information and services provided by the data controller will be completely adapted to the user's needs. 

In accordance with the provisions of the applicable regulations on personal data protection, the data controller is in compliance with all the provisions of the GDPR and LOPDGDD regulations for the processing of the personal data for which it is responsible, which are processed in a lawful, honest, and transparent manner in relation to the interested party and which are adequate, relevant, and limited to what is necessary for the purposes for which they are processed. 

The data controller guarantees that it has implemented appropriate technical and organisational policies to apply the security measures established by the GDPR and the LOPDGDD in order to protect the rights and freedoms of its users and has provided them with the appropriate information so that they can exercise these rights.

 Security breaches

The data controller will report any security breach affecting the database used by this website or affecting any of its third-party services to any and all persons whose data may have been affected and to the appropriate authorities within 72 hours of detecting the breach.

 

APPLICABLE LAWS AND JURISDICTION

For the settlement of all disputes or questions relating to this website or the activities carried out therein, Spanish legislation shall apply, for which the parties expressly submit themselves to the Courts and Tribunals of Barcelona, which will have the jurisdiction to settle all disputes arising from or relating to the use of this website.

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