Privacy Policy

 TERMS OF USE AND PRIVACY POLICY

  1. IDENTIFICATIVE DATA: The company Beguerrilla SL., with address at C/Cervantes 24 local 3e in San Juan de Alicante with C.I.F. number.B5497131387, hereinafter referred to as BEFRIKI, is the owner of the website coleccionistas.org, as well as all subdomains and directories included therein (hereinafter referred to as the “Website”).

Without prejudice to the aforementioned registered office, BEFRIKI has the following postal address: Calle Cervantes, 24 local 3E, C.P. 03550, San Juan de Alicante (Alicante).

Contact telephone number: +34 965 658 249

E-mail from contacto:info@frikimonkey.com

  1.  USE OF THE WEBSITE: Any user who accesses and makes use of the Website is considered a user.

USE OF THE WEBSITE: The user is considered to be the one who accesses the Website and makes use of it. Access to the Web is free and open, with no registration required. Both this access and the use of the Website are governed by these terms of use, which the user is obliged to respect and comply with.

The user undertakes to make appropriate and responsible use of the contents and services offered by BEFRIKI through its website, including, but not limited to, not using them for:

Engaging in illegal activities or activities contrary to good faith or public order; disseminating content or propaganda of a racist, xenophobic, pornographic, terrorist or human rights nature; causing damage to the physical and logical systems of BEFRIKI, their suppliers or third parties; introducing or spreading computer viruses or any other physical or logical systems on the network that may cause the aforementioned damage.

As service provider, BEFRIKI is obliged to provide the products and/or services offered on the Web, in accordance with the conditions of contract published on the same, effectively guaranteeing the secrecy of any communications that may exist with the user.

BEFRIKI undertakes to answer any queries and/or complaints that may be made by the user through the e-mail address info@frikimonkey.com.

2.1. Minors and capacity to contract: In order to acquire any product it is required to be of legal age and to have the legal capacity to be bound in accordance with these terms of use, as well as to accept the Conditions of Contract accepting the user that access and use of the Web is done under his sole and exclusive responsibility.

IF YOU ARE A MINOR AND ARE READING THIS, YOU SHOULD LEAVE THE WEBSITE OR INFORM AND CONSULT PARENTS OR LEGAL GUARDIANS, AS THEY WILL BE THE ONES WHO, IF NECESSARY, SHOULD CONTRACT THE PRODUCTS/SERVICES OFFERED ON THE WEBSITE.

If you do not agree to these terms of use, you must leave the Site.

2.2. Registration in the customer account – Notwithstanding the above, the user may create a customer account (called “MY ACCOUNT”) by providing his/her name, surname, an e-mail address and choosing a password, which must be entered again to avoid typing errors.

Through “MY ACCOUNT”, the registered user will have access to a control panel where they can complete and/or update their account information, change their password, modify their shipping and/or billing address, view their orders, etc.

The user name and password are confidential and may not be passed on to third parties. The user must use them with due diligence, keeping them in a safe manner, so that they cannot be used by anyone other than the user himself.

The user is solely responsible for the truthfulness of the data provided, for the choice, loss, theft or unauthorized use of any user name, code or password identification and for the consequences that may result therefrom.

The user may unsubscribe at any time and automatically as a registered user of the Web, by sending an e-mail to: info@frikimonkey.com.

3.- DISCLAIMER OF LIABILITY:

BEFRIKI shall in no case be liable for the inoperability or temporary unavailability of the Website for the performance of specific maintenance, repair, updating or improvement operations of the services, as well as for causes not attributable to it, or for any damages that may result from such lack of operability and/or availability, without prejudice to the fact that BEFRIKI shall do their utmost to guarantee the operability and/or availability of the service.

Likewise, BEFRIKI shall in no case be liable for any errors or security deficiencies that may arise from the use by the user of an outdated or insecure version of a browser, or for any other cause attributable solely to the user or to a third party outside BEFRIKI.

Although BEFRIKI has implemented the necessary security measures to ensure the security of the Web, does not control or guarantee the absence of viruses or other elements in the contents of the Web that could cause alterations in the equipment and / or computer system (software and hardware) of the user, or in electronic documents, files or other elements.

BEFRIKI will in no case be responsible for the comments and contributions made by users of the Web through any mechanism or functionality that, where appropriate, allows the participation of third parties (blog, forum, etc.), the user must publish them and assume the consequences arising from such comments, contributions and / or statements. In any case, BEFRIKI reserves the right to withdraw all comments and contributions that they consider unlawful, slanderous, insulting, violating the dignity of the person, discriminatory, racist, pornographic, that violate youth or childhood, public order or security or that in the opinion of BEFRIKI are not appropriate for publication and provided that they have effective knowledge of them.

 

  1.  INTELLECTUAL AND INDUSTRIAL PROPERTY: BEFRIKI have the legitimate ownership or the right to use and exploit the texts, images, logos, distinctive signs, sounds, animations, videos, source code and other content included in the Web, and in this sense, have the consideration of works protected by current intellectual and industrial property legislation.

Any transmission, distribution, reproduction or storage, in whole or in part, carried out for profit or commercial purposes, of the contents of the Website is expressly prohibited, except with the prior and express consent of the owner of the rights.

In order to preserve any possible intellectual or industrial property rights, in the event that any user or third party considers that there has been a violation of their legitimate rights by the introduction of a certain content on the website, they must notify COCRO of this circumstance by e-mail to the address info@frikimonkey.com, indicating:

Personal data of the interested party who holds the rights allegedly infringed. If the complaint is submitted by a third party other than the interested party, he or she must provide proof of the representation with which he or she is acting.

Indication of the contents protected by intellectual or industrial property rights and their location on the website.

Accreditation of the aforementioned intellectual or industrial property rights.

Express declaration in which the interested party is responsible for the veracity of the information provided in the notification.

The legitimacy of the intellectual or industrial property rights corresponding to the contents provided by third parties is the exclusive responsibility of the same.

Access to this website does not grant the USER any right or ownership over the intellectual and industrial property rights of the corporate elements.

 

5. LINKING POLICY:

5.1. Links from other websites: Those who intend to make or make a hyperlink from a website of another Internet portal to any of the websites of BEFRIKI must submit the following conditions:

The total or partial reproduction of any of the services or contents of the website is not permitted without the prior express authorisation of BEFRIKI.

No deep-links, IMG or image links or frames to the BEFRIKI’ website will be established without their prior express authorisation.

No false, inaccurate or incorrect statements will be made about the BEFRIKI’ website, nor about the services or contents of the same. Except for those signs that form part of the hyperlink, the web page on which it is established shall not contain any trademark, trade name, establishment sign, name, logo, slogan or other distinctive signs belonging to BEFRIKI, unless expressly authorised by the latter.

The establishment of the hyperlink does not imply the existence of relations between BEFRIKI and the owner of the website or portal from which it is made, nor the knowledge and acceptance of BEFRIKI of the services and content offered on this website or portal.

BEFRIKI will not be responsible for the contents or services made available to the public on the website or portal from which the hyperlink is made, nor for the information and statements included therein.

5.2. Links to other websites: The website of BEFRIKI may provide the user with links to other websites managed and controlled by third parties, with the exclusive function of facilitating the users’ search for information, content and services on the Internet, without under any circumstances being considered a suggestion, recommendation or invitation to visit them. BEFRIKI does not sell, direct or control the contents, services, information and statements available on these websites.

BEFRIKI does not assume any type of responsibility, not even indirectly or subsidiarily, for damages of any kind that may arise from access, maintenance, use, quality, legality, reliability and usefulness of the contents, information, communications, opinions, statements, products and services existing or offered on the websites not managed by BEFRIKI and that are accessible through this website.

  1.  RIGHT OF EXCLUSION: BEFRIKI reserves the right to refuse or withdraw access to the portal and/or the products or services offered without prior notice, at their own request or at the request of a third party, to those users who breach these Terms of Use. All this without prejudice to the exercise of the legal actions that may correspond to BEFRIKI for the breach of these terms and conditions.
  2. MODIFICATION OF THESE TERMS: BEFRIKI may modify at any time the terms herein determined, being duly published as they appear herein. The validity of the aforementioned conditions will depend on their exposure and will remain in force until they are modified by others duly published.
  3. PRIVACY POLICY:

 

8.1. Purpose of the data collected and consent to processing.

Through the different registration forms on the website, data is collected and stored in a file owned by BEFRIKI, with the exclusive purpose of:

i) Maintain the commercial relationship consisting of the contracting for the purchase of the products offered on the website, as well as the management, administration, information, provision and improvement of the services offered.
ii) To send newsletters or bulletins, as well as promotions and/or advertising on the Website.
iii) Likewise, BEFRIKI will treat the data to manage the queries they receive from customers and send advertising and commercial information, by different means, to them, about the company, its activities, products, services, offers, special promotions, Christmas greetings, birthdays, etc., being able to carry out automatic valuations, obtaining profiles and segmentation tasks of its clients, based on the information available to it relating to them, in order to personalize the treatment according to their characteristics and/or needs. The processing of the data for these purposes will be maintained, as long as you maintain any business or contractual relationship with BEFRIKI and even after the termination of such relationships.

All the fields in these records must be filled in, and it is impossible to carry out the stated purpose without providing this information.

Only BEFRIKI, and the data processors designated by it, will have access to your data, and under no circumstances will these data be transferred, shared, transferred or sold to any third party.

The acceptance of the privacy policy, by ticking the box “I have read and accept the privacy policy” will be understood to all intents and purposes as the provision of EXPRESSED AND UNEQUIVIOUS CONSENT of the USER to the processing of personal data in the terms set out in this document.

8.2. Exercise of Rights of Access, Rectification, Cancellation and Opposition (ARCO rights).

Those individuals who have provided their personal data to BEFRIKI may contact her in order to exercise their rights of access, rectification, cancellation and opposition to the data included in their files free of charge.

The interested party may exercise their rights by sending a written communication to BEFRIKI with the reference “Data Protection/COLECTORS”, specifying their data, proving their identity and the reasons for their request at the following address:

Beguerrilla SL

CIF B54971387

C/Cervantes 24 local 3E

03550 San Juan de Alicante

You may also exercise your ARCO rights by sending an e-mail to: info@frikimonkey.com

8.3. Security measures.

BEFRIKI has implemented the necessary technical and organizational measures to ensure the security of the personal data collected and prevent its alteration, loss and unauthorized access and processing, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed, whether from human action or the physical or natural environment. All this in accordance with the provisions of Article 9 of the LOPD and Title VIII of the RLOPD.

Likewise, BEFRIKI have established additional measures in order to reinforce the confidentiality and integrity of the information in their organization, continuously maintaining the supervision, control and evaluation of the processes to ensure respect for the privacy of the data.

8.4. Links

As already mentioned and as a service to our visitors, our website may include hyperlinks to other sites that are not operated or controlled by BEFRIKI. Therefore, BEFRIKI does not guarantee, nor is it responsible for the legality, reliability, usefulness, truthfulness and timeliness of the contents of such websites or their privacy practices. Please be aware that your privacy practices may differ from those of BEFRIKI before providing your personal information to these third-party websites.

8.5. Modification of the Privacy Policy

BEFRIKI reserves the right to modify their Privacy Policy, always in accordance with the applicable regulations, according to their own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency.

Any modification of the Privacy Policy will be published at least ten days prior to its effective application. Your use of the Site following such changes shall constitute your acceptance of such changes.

8.6. Responsible for the file, and those responsible for processing it.

The person responsible for the data file is Mr. Carlos Bravo Sánchez, in accordance with the provisions of article 12 of the L.O. 15/1999 on Data Protection:

OVH Hispano, S.L., which provides the Hosting services, with CIF B-83834747 and registered in the Mercantile Registry of Madrid, Volume 19514, Book 0, Folio 77, Section 8, Sheet M-342678. The registered office is in Madrid, C/ Princesa nº 22, 2º Dcha., 28008 Madrid. The contact telephone number is 902.106.113 and the e-mail address is soporte@ovh.es. a subsidiary of OVH SAS, with registered offices at 2 rue Kellermann, Roubaix 59100, France.
You can consult the privacy policy and other legal aspects of this company in the following link:

https://www.ovh.es/soporte/documentos_legales/

The Rocket Science Group, LLC (Identified by the trademark “MailChimp”), headquartered at 675 Ponce de León Ave NE, Suite 5000, Atlanta, GA 30308, providing mail marketing campaign creation services. The personal data provided through the forms on the Web, are treated for the sending of commercial or informative communications through the use of the tool that the company provides, which means that the data entered are transferred to the servers of the company, assuming an international transfer of data to the United States, which the user expressly consents to the acceptance of this privacy policy. You can consult the privacy policy and other legal aspects of this company in the following link:
http://mailchimp.com/legal/

Without prejudice to this consent to the international transfer of data and as communicated by this company in its privacy policy, MailChimp participates and has certified its compliance with the framework of the agreement between the U.S. and the European Union called Privacy Shield, having committed to subject all personal information received from member countries of the European Union to the principles derived from Privacy Shield.

More information about Privacy Shield can be found on the U.S. Department of Commerce website:

https://www.privacyshield.gov/welcome

You can also find a list of the companies that have joined the Privacy Shield at the following link:

https://www.privacyshield.gov/list

Put me on hold, S.L., with C.I.F. B- 87.074.977, with registered office in Ronda de la Bunganvilla del Rey nº 131, C.P. 28023, registered in the Mercantile Registry of Madrid, in volume 32,666, folio 20, 1st entry, with page M-588,029 (hereinafter, APLAZAME), which provides the financing service linked to purchases when so selected or chosen by the CUSTOMER during the process of purchasing a product. If the CUSTOMER chooses to postpone payment of the products purchased, he expressly accepts that his data will be communicated to APLAZAME from the moment he has begun to contract the deferred payment service offered by the latter at the time of choosing the method of payment. This acceptance is extended to third parties who have to access the files for the successful completion of the contract.
You can consult the privacy policy and other legal aspects of this company in the following link:

https://aplazame.com/legal/

Transport agencies, which provide transport services for the products offered on the website.
These data controllers have been required to comply with the applicable data protection regulations at the time of their recruitment.

COOKIES POLICY
10.1. General information

A cookie is a file of information that the server of this website sends to the device (computer, laptop, smartphone, tablet, etc.) of the person accessing the page to store and retrieve information about the navigation made from that computer. Different types of cookies can be distinguised:

a) Types of cookies according to the entity that manages them: Depending on the entity that manages the computer or domain from which the cookies are sent and treats the data obtained, we can distinguish:
Own Cookies: These are cookies that are sent to the user’s terminal equipment from a computer or domain managed by the publisher itself and from which the service requested by the user is provided.

Third party cookies: These are those that are sent to the user’s terminal equipment from a computer or domain that is not managed by the publisher, but by another entity that processes the data obtained through cookies. In the event that cookies are installed from a computer or domain managed by the publisher itself but the information collected through them is managed by a third party, they cannot be considered as own cookies.

b) Types of cookies according to the length of time they remain activated:
Depending on the length of time they remain activated in the terminal equipment we can distinguish:

Session Cookies: A type of cookie designed to collect and store data while the user is accessing a website. They are usually used to store information that is only relevant for the provision of the service requested by the user on a single occasion (e.g. a list of products purchased).

Persistent Cookies: These are a type of cookie in which the data is still stored in the terminal and can be accessed and processed for a period defined by the person responsible for the cookie, which can range from a few minutes to several years.

c) Types of cookies according to their purpose:
Technical Cookies: These are those that allow the user to navigate through a web page, platform or application and use the different options or services that exist on it, such as, for example, controlling traffic and data communication, identifying the session, and accessing restricted access areas, remember the elements that make up an order, make the purchase process of an order, make the request for registration or participation in an event, use security elements during navigation, store content for video or sound broadcasting or share content through social networks.

Personalization Cookies: These are those that allow the user to access the service with some general characteristics predefined according to a series of criteria in the user’s terminal, such as the language, the type of browser used to access the service, the regional configuration from which the service is accessed, etc.

Analysis (or analytical) cookies: Cookies that allow the person responsible for them to track and analyse the behaviour of the users of the websites to which they are linked. The information collected through this type of cookies is used to measure the activity of the websites, application or platform and to create navigation profiles of the users of these websites, applications and platforms, in order to make improvements based on the analysis of the data used by the users of the service.

Advertising Cookies: These are those that allow the management, in the most efficient way possible, of the advertising spaces that, where appropriate, the publisher has included in a web page, application or platform from which the requested service is provided based on criteria such as the edited content or the frequency with which the ads are displayed.

Behavioural advertising cookies: These are those that allow the most efficient management of the advertising spaces that, where appropriate, the publisher has included in a web page, application or platform from which the requested service is provided. These cookies store information on the behaviour of users obtained through the continuous observation of their browsing habits, which allows them to develop a specific profile to display advertising based on it.

In this link you can access the cookie guide published by the Spanish Data Protection Agency.
b) Types of cookies according to the length of time they remain activated:
Depending on the length of time they remain activated in the terminal equipment we can distinguish:

Session Cookies: A type of cookie designed to collect and store data while the user is accessing a website. They are usually used to store information that is only relevant for the provision of the service requested by the user on a single occasion (e.g. a list of products purchased).

Persistent Cookies: These are a type of cookie in which the data is still stored in the terminal and can be accessed and processed for a period defined by the person responsible for the cookie, which can range from a few minutes to several years.

c) Types of cookies according to their purpose:
Technical Cookies: These are those that allow the user to navigate through a web page, platform or application and use the different options or services that exist on it, such as, for example, controlling traffic and data communication, identifying the session, and accessing restricted access areas, remember the elements that make up an order, make the purchase process of an order, make the request for registration or participation in an event, use security elements during navigation, store content for video or sound broadcasting or share content through social networks.

Personalization Cookies: These are those that allow the user to access the service with some general characteristics predefined according to a series of criteria in the user’s terminal, such as the language, the type of browser used to access the service, the regional configuration from which the service is accessed, etc.

Analysis (or analytical) cookies: Cookies that allow the person responsible for them to track and analyse the behaviour of the users of the websites to which they are linked. The information collected through this type of cookies is used to measure the activity of the websites, application or platform and to create navigation profiles of the users of these websites, applications and platforms, in order to make improvements based on the analysis of the data used by the users of the service.

Advertising Cookies: These are those that allow the management, in the most efficient way possible, of the advertising spaces that, where appropriate, the publisher has included in a web page, application or platform from which the requested service is provided based on criteria such as the edited content or the frequency with which the ads are displayed.

Behavioural advertising cookies: These are those that allow the most efficient management of the advertising spaces that, where appropriate, the publisher has included in a web page, application or platform from which the requested service is provided. These cookies store information on the behaviour of users obtained through the continuous observation of their browsing habits, which allows them to develop a specific profile to display advertising based on it.

In this link you can access the cookie guide published by the Spanish Data Protection Agency.

http://www.agpd.es/portalwebAGPD/canaldocumentacion/publicaciones/common/Guias/Guia_Cookies.pdf

 

10.2. Cookies used by BEFRIKI

BEFRIKI use various types of cookies:

a) Own Cookies (sent to the user’s terminal equipment from the domain managed by BEFRIKI): technical and security cookies
b) Third party cookies (those that are sent to the user’s terminal equipment from a computer or domain that is not managed by BEFRIKI):
From Google Analytics: Analytical Cookies

Further information on Google’s use of Google Analytics cookies can be found at the following link:

https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage?hl=en&csw=1

Social plugins (Facebook, YouTube, Twitter, LinkedIn, Instagram, Google+, etc.) that track web user activity. Specifically, Facebook Custom Audience cookies, which are used to target ads at a user who has visited a specific page on the Web. This is basically Facebook Retargeting, i.e. behavioral advertising cookies.

Social networks: Cookies from external social networks: used to allow visitors to interact with the content of different social platforms (Facebook, YouTube, Twitter, LinkedIn, Instagram, etc.) and generated only for users of these social networks. The conditions of use of these cookies and the information collected are regulated by the privacy policy of the corresponding social platform.

More information:

https://www.facebook.com/help/cookies/

https://www.google.com/intl/es_en/policies/technologies/types/

https://support.twitter.com/articles/20170521-el-uso-que-hace-twitter-de-cookies-y-tecnologias-similares#

https://www.instagram.com/legal/cookies/

https://about.pinterest.com/es/cookies-pinterest

10.3. Information on how to block cookies, how to disable and/or block cookies

The user can – at any time – manage the use of cookies through the browser installed in his terminal. In the following links you can find information about which cookies the user has installed in his browser, allow their installation, block or delete them from his computer:

Chrome, from:

http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647

Explorer, from:

http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-internet-explorer-9

Firefox, since:

http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we

Safari, from: http://support.apple.com/kb/ph5042

Opera, from: http://help.opera.com/Windows/11.50/es-ES/cookies.html

There are third-party tools available online that allow users to detect cookies on each website they visit and manage their deactivation.

Web browsers are the tools responsible for storing cookies and from this place the user can exercise their right to delete or deactivate them. Neither this website nor its legal representatives can guarantee the correct or incorrect handling of cookies by the aforementioned browsers.

In some cases it is necessary to install cookies so that the browser does not forget the user’s decision not to accept them.

The acceptance of this cookie policy implies that the user has been informed in a clear and complete way about the use of data storage and recovery devices (cookies) as well as that BEFRIKI have the user’s consent for the use of the same as established in Article 22 of Law 34/2002 of July 11, 2002 on Information Society Services and Electronic Commerce (LSSI-CE).

If you have any questions or concerns about this cookie policy, please do not hesitate to contact us via email at info@frikimonkey.com

LEGISLATION AND JURISDICTION.
These terms of use and privacy policy shall be governed by Spanish law.

Any litigious matter that concerns the products contracted through the Web will be resolved through the Courts and Tribunals that are territorially competent in accordance with current legislation.

12. SHIPPING RATES: The applicable rate for each shipment will be the one published on each product sheet.

CUSTOMS INFORMATION: When the CUSTOMER places an order for products on the Web to be delivered in Ceuta, Melilla, the Canary Islands, or in a country outside the European Union, the CUSTOMER may be obliged to pay import duties, taxes or duties, which will be charged at the time the package arrives at its destination. Any additional amount due to customs clearance shall be borne by the CUSTOMER. BEFRIKI has no control over such amounts. Customs policies vary significantly from country to country, so for more information, please consult with the relevant customs office prior to making the purchase. In addition, when placing an order through the Web, the law formally considers the customer as the importer, and you must therefore comply with all applicable laws and regulations in the country in which you receive the product. It is also noted that international shipments are subject to inspection and opening by customs authorities.