DISCLAIMER AND TERMS AND CONDITIONS OF USE OF THE WEBSITE
FLUIDRA S.A., with registered address at Avda. Francesc Macià, nº 60, planta 20, Sabadell (Barcelona), contact telephone number (+34) 937 243 900, contact email firstname.lastname@example.org, and holder of TIN A-17728593 www.fluidra.com (hereinafter, FLUIDRA) is the owner of the website www.thecoolpool.info (hereinafter, THE COOL POOL).
ACCESS AND TERMS AND CONDITIONS OF USE OF THE WEBSITE
The purpose of these Terms and Conditions of Use (hereinafter, the “Terms and Conditions”) is to provide users with information related to THE COOL POOL website, its publications, contents, information on projects, new products and trends, as well as any other information about the pool sector (hereinafter, the “Website”).
This Website is for information purposes only.
Both browsing and accessing the information posted on this Website imply that the User accepts all of these Terms and Conditions without any reservations whatsoever. If you do not accept these terms and conditions, you should refrain from using the Website and its content.
THE COOL POOL may at any time modify these Terms and Conditions without prior notice. Any such modifications shall be posted on the Website so that Users may read them before browsing it.
THE COOL POOL may deny access to the Website by Users who misuse its contents and/or breach any of the conditions that appear herein.
The User undertakes to make responsible use of the Website, as well as of the information posted on it. Its use shall likewise be subject to both the legislation in force, and to these Terms and Conditions.
Legal obligation to make proper use of the Website
Users shall be entirely responsible for the use they make of the information they access while browsing the Website, as well as for any subsequent use made of it.
The User undertakes to use the Website and applications posted on it in compliance with the Law, these Terms and Conditions, any instructions or warnings received, as well as with generally accepted moral and ethical standards, and public order.
The User undertakes to use the Website and its contents for lawful and legitimate purposes, which neither violate the laws in force nor breach the legitimate rights of THE COOL POOL or any third parties, and/or that could cause direct or indirect damages.
Pursuant to the foregoing, content shall be understood to mean, but not limited to: the texts, photographs, graphic displays, images, technology, software, links and other audiovisual or sound contents, in addition to its graphic design and source codes (hereinafter, the “Content/s”), in compliance with the Law, these Terms and Conditions, other notifications, rules of use and instructions brought to your attention, as well as with generally accepted moral and ethical standards, and public order, and, in particular, you hereby undertake to refrain from: reproducing, copying, distributing, making available or in any other way publicly disclosing, transforming or modifying the Contents, unless you have the consent of the owner of the corresponding rights or if permitted by law, or, if applicable, done using the buttons enabled by THE COOL POOL for social media. Furthermore, the User may not delete, manipulate or in any other way alter the copyright and other identifiers of the exclusive rights of THE COOL POOL or any other technical resources established to recognize its brand.
The User undertakes, by way of example but not limited to, not to disclose, disseminate or make available to third parties the information, data, contents, messages, graphic displays, drawings, sound and/or image files, photographs, recordings, software and, in general, any class of materials belonging to this Website, as well as to refrain from carrying out actions that:
- Induce, incite or encourage criminal, slanderous and violent acts or, in general, that are against the Law, generally accepted moral and ethical standards, and public order.
- Are false, ambiguous, untrue, exaggerated or untimely and that could lead to misinterpretations of the subject matter or the intentions or purposes of the disclosing party.
- Are protected by any intellectual or industrial property rights held by third parties, without the User having sought the prior permission from the holders necessary to make use of such rights.
- Constitute, where applicable, unlawful, deceitful or unfair advertising and, in general, that constitute unfair competition or violate the statutory regulations on personal data protection.
- Contain viruses or any other physical or electronic components that could damage or prevent THE COOL POOL’s network, IT system, hardware or software from working properly.
- Give rise to failures in the services offered on this Website due to their characteristics (such as file formats and extensions).
The User shall be held liable for damages of any nature that THE COOL POOL may sustain as a consequence of a breach of any of the obligations to which she/he is subject pursuant to these Terms and Conditions or to the legislation that applies to the use of the Website.
RELEASE OF LIABILITY OF FLUIDRA
THE COOL POOL may only be held liable as provided by Law at any given time. In respect of the following forms of conduct, THE COOL POOL may not be held liable for:
- The use that the Users may make of the materials on this Website, and/or websites to which there are links, whether prohibited or permitted, that are in breach of the intellectual and/or industrial property rights of the contents of this Website or those of third parties.
- The potential damages the Users may sustain caused by search tools working normally or incorrectly, the organization or localization of the contents and/or access to the Website and, in general, the errors or problems that may arise in the development or implementation of the Website’s technical components or software provided to the User.
- The contents on any web pages that the Users may access from links posted on the Website, whether authorized or not.
THE COOL POOL is unable to vouch for the accuracy of the information posted on the Website and, therefore, it may not be held liable for any potential damages or inconvenience caused to Users arising from any inaccuracies on it.
The Users undertake to browse the Website and use its content in good faith.
Pursuant to the provisions of articles 13 and following of Regulation (EU) 2016/679, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), we hereby inform you that the personal data you provide us with by filling any of the forms on this Website or sending us an email to any of our inboxes:
- Shall be processed in the strictest confidence, added to the databases held by FLUIDRA S.A. and collected for the following purposes:
- To send notifications related to the Website’s content.
- To send marketing messages about our products and services.
- To register Users and send them our contact form.
- To handle and reply to your queries and questions.
- That the data controller is Fluidra S.A. with registered office at Avda. Francesc Macià, 60, Planta 20,08208, Torre Millenium, Sabadell (Barcelona).
- Just by visiting the Website, the Users do not provide any personal details whatsoever nor are they obliged to provide any.
- That we shall keep the personal data provided by Users on record throughout the time our relationship lasts, unless your data must be stored following its termination due to subsequent legal requirements.
The right to access, rectify, cancel and contest data
Users may at any time may exercise their rights of access, rectification, erasure, restriction of processing, portability of data and to object as provided for by law by addressing their request to do so in writing to the data controller FLUIDRA, S.A. with the subject line “Personal Data” to Avda. Francesc Macià, 60, planta 20, 08208, Torre Millenium, Sabadell, Barcelona or by sending an email with the same subject line to email@example.com.
You are hereby informed that you may exercise your right to submit complaints to the competent supervisory authority, namely, the Spanish Data Protection Agency at www.agpd.es
Should Users so wish, they may configure their browsers to prevent the installation of cookies on their hard drive, for which we recommend they consult their browser’s instructions and manuals.
INTELLECTUAL AND INDUSTRIAL PROPERTY
FLUIDRA holds all of the rights on the content, design, and source code of the Website and, in particular but not limited to, on the photographs, images, texts, logos, designs, trademarks, brand names and data that appear on the Website.
The Users are hereby informed that all such rights are protected by current Spanish and international laws on intellectual and industrial property.
The total or partial reproduction of the Website, even via a hyperlink, or any of its contents is strictly prohibited, unless express consent to do so has been given by FLUIDRA in writing.
Likewise, copying, reproducing, adapting, modifying, distributing, marketing, publicly disclosing and/or committing any other acts that involve a breach of the Spanish and/or international laws currently in force, in addition to the use of the contents of the Website, is strictly prohibited, unless prior express authorization to do so has been given by FLUIDRA in writing.
FLUIDRA hereby informs the Users that it does not grant licenses nor does it give its implicit consent on the intellectual and/or industrial property rights or on any other rights or property directly or indirectly related to the contents posted on the Website.
GUIDELINES ON SECURE USE:
Do not use links attached to the emails or web pages of third parties to access this Website. From time to time, the indiscriminate mass distribution of emails from false email addresses are detected, whose sole purpose is to obtain the Users’ confidential information. This technique is known as PHISHING. THE COOL POOL declines all liability in this respect.
APPLICABLE LEGISLATION AND JURISDICTION
The access and use of the Website shall be governed and interpreted according to Spanish law. In the event of any conflicts or disputes in the interpretation or application of these terms and conditions or in the utilization of the Website, the Courts and Tribunals, if applicable, that shall hear the case shall be those provided for in the laws in force on matters of competent jurisdiction, which in this case, given that end users are involved, shall be that of the User’s place of residence.