Terms and Privacy Policy
Merca Eleva, SL, in accordance with current regulations on the protection of personal data, informs you that the personal data collected through the forms on the website: https://mercaeleva.com/, are included in the specific automated files of users of the services of Merca Eleva, SL.
The purpose of the collection and automated processing of personal data is to maintain the commercial relationship and to carry out information, training, advisory and other activities specific to Merca Eleva, SL.
This data will only be transferred to those entities that are necessary for the sole purpose of fulfilling the aforementioned purpose.
Merca Eleva, SL takes the necessary measures to guarantee the security, integrity and confidentiality of the data in accordance with 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 on the free movement of such data, and repealing the former LOPD, the new Organic Law 3/2018 of 5 December on Data Protection and Guarantee of Digital Rights (LOPDGDD).
Users may at any time exercise their rights of access, opposition, rectification, cancellation, limitation and portability recognised in the aforementioned Regulation (EU). Users may exercise these rights by sending an email to: info@mercaeleva.com or by writing to: Av. Tarragona, 106, C.P. 08720 – Vilafranca Del Penedes (Barcelona).
The user declares that all the information provided by them is true and correct, and undertakes to keep it up to date, communicating any changes to Merca Eleva, SL.
Purpose of personal data processing:
For what purpose will we process your personal data?
At Merca Eleva, SL, we will process your personal data collected through the Website: https://mercaeleva.com/, for the following purposes:
1. To comply with the company's commercial, labour, corporate and accounting obligations.
2. To send commercial information and newsletters about new services offered on the website and in the sector.
3. To transfer data to third parties with whom contracts have been entered into for this purpose, for commercial, contractual, administrative, marketing and/or operational purposes.
4. To send promotional information electronically.
5. To provide the information requested by the user through the contact form.
We remind you that you may object to receiving commercial communications by any means and at any time by sending an email to the above address.
The fields in these records are mandatory, and it will be impossible to fulfil the stated purposes if this data is not provided.
How long is the personal data collected kept?
The personal data provided will be kept for as long as the commercial relationship is maintained or you do not request its deletion and for the period during which legal liabilities may arise for the services provided.
Legitimacy:
The processing of your data is carried out on the following legal bases that legitimise it:
The request for information and/or the contracting of the services of Merca Eleva, SL, whose terms and conditions will be made available to you in all cases prior to any eventual contracting.
Free, specific, informed and unequivocal consent, insofar as we inform you by making this privacy policy available to you, which, after reading it, if you agree, you can accept by means of a statement or a clear affirmative action, such as ticking a box provided for this purpose.
If you do not provide us with your data or do so incorrectly or incompletely, we will not be able to respond to your request, making it impossible to provide you with the requested information or to contract the services.
Recipients:
The data will not be communicated to any third party outside Merca Eleva, SL, except where legally required.
Data collected by users of the services
In cases where the user includes files with personal data on shared hosting servers, Merca Eleva, SL is not responsible for the user's failure to comply with the GDPR.
Intellectual property rights https://mercaeleva.com/
Merca Eleva, SL is the owner of all copyrights, intellectual property rights, industrial property rights, know-how and any other rights related to the content of the website https://mercaeleva.com/ and the services offered therein, as well as the programmes necessary for its implementation and related information.
The reproduction, publication and/or use of the contents, in whole or in part, of the website https://mercaeleva.com/ for anything other than strictly private purposes is not permitted without prior written consent.
Intellectual property of the software
The user must respect the third-party programmes made available by Merca Eleva, SL, even if they are free and/or publicly available.
Merca Eleva, SL has the necessary exploitation and intellectual property rights for the software.
The user does not acquire any rights or licence for the contracted service, over the software necessary for the provision of the service, nor over the technical information for monitoring the service, with the exception of the rights and licences necessary for the fulfilment of the contracted services and only for the duration of the same.
For any action that exceeds the fulfilment of the contract, the user will need written authorisation from Merca Eleva, SL. The user is prohibited from accessing, modifying or viewing the configuration, structure and files of the servers owned by Merca Eleva, SL, and will be held civilly and criminally liable for any incident that may occur on the servers and security systems as a direct result of negligent or malicious action on their part.
Intellectual property of hosted content
Any use of the services provided by Merca Eleva, SL that contravenes intellectual property legislation is prohibited, in particular:
1. Any use that contravenes Spanish law or infringes the rights of third parties.
2. The publication or transmission of any content that, in the opinion of Merca Eleva, SL, is violent, obscene, abusive, illegal, racist, xenophobic or defamatory.
3. Cracks, programme serial numbers or any other content that infringes the intellectual property rights of third parties.
4. The collection and/or use of other users' personal data without their express consent or in contravention 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 on the free movement of such data.
5. The use of the domain's mail server and email addresses for sending unsolicited bulk mail.
The user is fully responsible for the content of their website, the information transmitted and stored, hypertext links, third-party claims and legal actions relating to intellectual property, third-party rights and the protection of minors.
The user is responsible for complying with the laws and regulations in force and the rules relating to the operation of the online service, e-commerce, copyright, maintenance of public order, as well as universal principles of Internet use.
The user shall indemnify Merca Eleva, SL for any expenses incurred by Merca Eleva, SL in any case where the user is liable, including legal fees and expenses, even in the case of a non-final court decision.
Protection of hosted information
Merca Eleva, SL makes backup copies of the content hosted on its servers, but is not responsible for the loss or accidental deletion of data by users. Similarly, it does not guarantee the total replacement of data deleted by users, as such data may have been deleted and/or modified during the period of time since the last backup.
The services offered, except for specific backup services, do not include the replacement of content stored in backups made by Merca Eleva, SL, when this loss is attributable to the user; in this case, a fee will be determined according to the complexity and volume of the recovery, always subject to the user's prior acceptance.
The replacement of deleted data is only included in the price of the service when the loss of content is due to causes attributable to Merca Eleva, SL.
Commercial communications
In accordance with the LSSI, Merca Eleva, SL will not send advertising or promotional communications by email or other equivalent electronic means of communication that have not been previously requested or expressly authorised by the recipients thereof.
In the case of users with whom there is a prior contractual relationship, Merca Eleva, SL is authorised to send commercial communications regarding products or services of Merca Eleva, SL that are similar to those initially contracted with the customer.
In any case, after proving their identity, users may request that no further commercial information be sent to them through the Customer Service channels.
