Privacy and Data Protection Policy

PRIVACY POLICY

In accordance with Law 34/2002, of July 11, Services Information Society and Electronic Commerce  (Ley  de Servicios de la Sociedad de la Información y de Comercio Electrónico -LSSI),  we inform:

  1. Purpose

Art. 10 LSSI: https://www.toybe.es is an internet domain owned by TOYBE, S.A., with registered office in Polígono Industrial Cantabria, C/ Soto Galo 1 , 26009 Logroño – La Rioja and TAX ID Number A26011825.  The company has registered in the Companies Registry from La Rioja, Folio 144, tomo 57, hoja 297.

For the purposes of this document, the telephone contact number is +34 941 22 40 38 and the contact email is toybe@toybe.es.

This legal notice regulates the use of the domain.

The use of this website means you agree with the conditions included in this Notice. In the case of certain services, content and / or tools offered via this website requiring the application of special conditions, these shall make available to user.

Moreover, TOYBE, S.A. warns that both the content and services of this website and the own conditions of use may be modified without notice.

  1. Conditions of use

The User agrees to provide truthful, accurate and complete information about its identity.

In addition, the user agrees to keep personal DATA update that could be provided to the domain holder; therefore, the DATA subject is solely responsible for the falsehoods or inaccuracies thereof.

In the event of minors they must have the permission of their parents, responsible for the custody of a minor or legal representatives to access to the provided services. TOYBE, S.A. is not responsible in the event of inaccurate or false DATA related with this issue.

The website may only be used for lawful purposes; therefore, the user agrees to make a lawful and fair use under these Terms of Use, and not using the services of the website for conducts against to the Spanish legislation, morality and public order. The user assumes all responsibilities for damages against the holder of this website or third parties that may arise from illegal practices or impermissible activities as the following:

  • To perform without prior approval any manipulation or alteration of this page, the holder of the Website does not assume any liability arising from such manipulation or alteration by third parties.
  • To take any action that could damage, disable, overburden, or impair the website and its services as well as to hinder the normal use and utilization by Users.
  • To introduce and / or use computer software, data, corrupted files, viruses, malicious code, computer or telecommunications equipment or any other, regardless of their nature which can damage this website.
  • To violate the rights of privacy, self-image, confidentiality of communications, intellectual property and industrial property of third parties.
  • To hide and disguise the origin of emails.
  • To use false identities, to supplant the identity of others in the use of this Website or the use of any of its services.
  • To play, distribute, modify or copy the content of this page, unless you have the permission of the holder of this website or being legally entitled for it.
  • To transmit usernames and passwords to unauthorized third parties.

TOYBE, S.A.  is not liable for links to other websites and their existence does not imply that TOYBE, S.A. approves or accepts their contents and services. These other websites are not controlled by TOYBE, S.A. neither covered by this Privacy Policy. If you access to other websites using the links provided, the operators of these websites may gather your personal information. Make sure you are satisfied with the privacy policies of these third-party websites before providing any personal information.

In general, domain holder excludes its liability for any damage that may result from the use of the website, or resulting from the infringement of the rights of intellectual and industrial property by users and / or lack of truthfulness, accuracy, and timeliness of the content. Neither may be required responsibilities to the domain holder due to interruption of services, undesired operations or inability to access the service.

The domain holder is not liable for damages caused by the presence of viruses or other harmful software that could produce alterations in the computer system of the user.

The website, its programs, designs, logos, text and / or graphics are property of the provider of the website or has a proper license or express authorization of the authors.

Any total or partial reproduction, use, exploitation, distribution and marketing, always requires the prior authorization of the domain holder.

The user agrees not to perform any contrary acts to the rights of intellectual and industrial property of the author.

The service provider authorizes third parties to redirect directly to the specific contents of this website but should be redirected to the main website of the provider.

  1. Use of cookies

TOYBE, S.A.  as the holder of this website declares that uses automatic procedures to collect information to save the registry of the Users that visit his website. Click here to access our ‘cookie’s use policy’.

  1. Applicable Law

These Terms shall be governed at all times by the provisions of the Spanish legislation.

 

DATA PROTECTION POLICY OF TOYBE, S.A.  

  1. Who is the Data Controller of your data?

The Data Controller of the data processing referring to the different processes regarding the management of users, clients and potential clients, collaborators and suppliers is TOYBE, S.A. with registered office in POLÍGONO INDUSTRIAL SAN LAZARO, CALLE RODEJON, 41, 26006 LOGROÑO, LA RIOJA and VAT Number A26011825.

For the purposes of our data protection policy, the contact telephone number is 941224038 and the contact email is info@toybe.es.

Likewise, in the data processing referring to the different processes regarding the management of users, clients and potential clients, collaborators and suppliers, we inform you that there are no entities responsible for the treatment.

  1. What kind of data do we have about you and how have we obtained them?

The categories of personal data that is TOYBE, S.A., deals with about its users are:

  • Identification personal data
  • Postal or electronic email, telephone contact number
  • Commercial information
  • Economic and transaction data

All the above mentioned data we have obtained or directly from you through the presentation of a commercial offer, contractual proposal, etc. or through your company to provide us with identification data and other information necessary to carry out the purpose of the contractual relationship between the parties. It will be an obligation of yours or your company to provide us with the updated data in case of modification.

Regarding data on job candidates, we have obtained your personal data by submitting a CV on your behalf or obtaining your application through the services of an employment portal. In the latter case, you have authorized said transfer of your personal data to our company when inserting your curricular data in the employment portal.

  1. How long will we keep your data?

The personal data related to individuals linked to potential customers, customers and suppliers that TOYBE, S.A. collects through the different contact and / or information collection forms will be kept as long as the deletion is not requested by the interested party. The personal data provided by our customers and suppliers will be kept while the commercial relationship between the parties is maintained, respecting in all cases the minimum legal terms of conservation according to the matter.

In any case, TOYBE, S.A. will keep your personal data for a period of time that is reasonably necessary, taking into account our needs to respond to issues that arise or solve problems, make improvements, activate new services and meet the requirements required by applicable law. This means that we can keep your personal data for a reasonable period of time even after you have stopped using our products or have stopped using this website. After this period, your personal data will be deleted from all systems of TOYBE, S.A..

  1. What is the legal basis for processing your data?

In TOYBE, S.A. we process the personal data provided by data subjects in order to manage different activities derived from specific procedures performed in sales, after sales service, supplier management, candidate management, quality of services, etc. In this way, we will use your data to carry out some of the following actions based on the respective legal basis:

 

PURPOSE OF THE PROCESSING ACTIVITY LEGAL BASIS
Surveillance and control of access to facilities Legitimate interest of the responsible
Management of data protection rights of the interested parties Regulatory obligation
Accounting, fiscal, administrative and billing of clients management Execution (pre) contract; Regulatory obligation
Management of information requests through web forms or social networks Consentimiento del afectado
Gestión de las solicitudes de información gestión  comercial de clientes sobre sugerencias y opiniones que llegan a través de contacto vía medios  digitales: Consent of the affected
Processes of search, evaluation and selection of candidates Consent of the affected
Tax, accounting and administrative management with suppliers Execution (pre) contract; Regulatory obligation
Accounting, fiscal, administrative and billing of clients management Execution (pre) contract; Regulatory obligation
Fiscal, accounting and administrative management with professional collaborators, commission agents, etc. Execution (pre) contract; Regulatory obligation

 

Regarding legal basis mentioned above, you are obliged to provide personal data. In the event that you do not provide your personal data, your contract can not be executed or comply with legal obligations or derived from official authority.

We will not elaborate commercial profiles based on the information provided and consequently we will not make automated decisions about you based on a commercial profile.

  1. To which recipients will your data be communicated?

TOYBE, S.A. will never share your personal data with any third parties that intends to use them in their direct marketing actions, except in the case that you have expressly authorized us to do so.

We inform you that we can provide your personal data to Public Administration bodies and competent authorities. In those cases that TOYBE, S.A. receives a legal requirement by said Authorities or in cases that acting in good faith, we consider that such action is reasonably necessary to comply with a court process; to answer any claim or legal claim; or to protect the rights of TOYBE, S.A. or its customers and the general public.

We inform you that your data or data of third parties communicated by you (spouses, children, etc.) will not be transferred or communicated to third parties except legal obligation, being the company the only responsible for their treatment and custody.

TOYBE, S.A. can provide your personal data to third parties (for example, Internet service providers that help us manage our website or carry out the contracted services, support companies and IT maintenance, logistics companies, agencies and tax and accounting advice, etc.). In any case, these third parties must maintain, at all times, the same levels of security as TOYBE, S.A. in relation to your personal data and, when necessary, are bound by legal commitments in order to keep your personal data private and secure, and in order to use only the information following specific instructions from TOYBE, S.A..

 

Data Processor: third party that provides services to our entity, data processing is done under our instructions and responsibility.

Sub Data Processor: third party that provides us services indirectly by providing services to our Data Processor. The Sub Data Processor obeys the work instructions given by the main Data Processor and consequently is under the control of our entity as Data Controller.

Data Assignee: third party that obtains the data based on a legal authorization, need to facilitate the provision of a service or the consent of the interested party. Once the data has been communicated, the transferee becomes the Data Controller with respect to the assigned data.

 

  1. What are your rights as affected or interested person?

Anyone has the right to obtain confirmation on whether TOYBE, S.A.is processing personal data concerning him/her, or not.

In particular, data subjects can request the right of access to their personal data, as well as receive them in a structured, commonly used and machine-readable format (right to data portability).

Likewise, data subjects may request the right to rectify inaccurate data or, if appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes that were collected.

In addition, in certain circumstances, the data subjects may request the limitation of the processing of their data, or in certain circumstances and for reasons related to their particular situation, data subjects may exercise their right to object their personal data. TOYBE, S.A. will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims or in those exceptions established in the applicable regulations.

Likewise, we inform you that you have the right to erasure the given consents at any time, without affecting the legality of the processing based on the prior consent to its withdrawal.

Likewise, the user is informed that at any time he / she can exercise the aforementioned rights by writing to us using the contact data that appear in Section 1, ‘Data Controller’ of the present Personal Data Protection Policy, attaching a copy of a personal identification document.

Likewise, you can send us an email to the following address: info@toybe.es.

You will also have the right to bring and action before the Spanish Data Protection Agency, especially when you have not obtained satisfaction in the exercise of your rights.

Agencia Española de Protección de Datos

C/ Jorge Juan, 6

28001 – Madrid

Phone: +34 901 10 00 99 / +34 912 66 35 17

  1. Protection of personal data in use of the web page’s users.

In accordance with the current Regulation (EU) 2016/679, TOYBE, S.A. informs that the personal data of the users of the website will be treated for the processing activity indicated in each form of data collection from our website on behalf of TOYBE, S.A. Said processing of your data will be processed because of your consent. By clicking on the “SEND” button, the User consents to the processing of his/her personal data by TOYBE, S.A..

Also, we inform you that except legal obligation or express consent on your part TOYBE, S.A. will not comunicate your data to third parties.

Likewise, the Data Subject is informed that at any time he or she may exercise the rights of access, rectification or erasure of data as well as having other rights recognized in this document and regulated in Regulation (EU) 2016/679, notifying them to POLÍGONO INDUSTRIAL SAN LAZARO, CALLE RODEJON, 41, 26006 LOGROÑO, LA RIOJA, e-mail:  info@toybe.es.

Furthermore, in accordance with the provisions of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, TOYBE, S.A. undertakes not to send advertising through email without having previously obtained the explicit consent of the recipient. The Data Subject may oppose the sending of advertising by checking the corresponding box.

  1. Other information of interest about our privacy policy

8.1. Security measures

TOYBE, S.A. adopts the security levels required by the European and Spanish regulations in force in data protection taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing, as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing.

8.2. Data processing of minors

Under the Regulation (EU) 2016/679 and the LOPDGDD 3/2018, minors over 14 years of age can give their consent to the contracting of services of the information society, such as registration in a forum, the completion of a contact form, etc. However, it will be the responsibility of TOYBE, S.A. to verify the accuracy of the indicated age by the minor.

For the processing of data minors below the age of 14, such processing shall be lawful only if and to the extent that consent is given or authorized by the holder of parental responsibilities over the child.

8.3. Modifications of our Data Protection and Privacy Policy

Please, note that TOYBE, S.A. may update or change this Data Protection Policy for Clients, Suppliers and Users. Please check this section regularly to see what changes may have existed and how they may affect you.

8.4. Why is it necessary to accept this Data Protection and Privacy Policy?

This section of the Data Protection Policy for Clients, Suppliers and Users of the TOYBE,S.A. website provides you in an easy accessible way all the necessary information so that you can know the type of personal data that TOYBE, S.A. maintain on Clients, Suppliers and Users, the purposes pursued, the rights that data protection regulations recognize you as a data subject and how to exercise those rights. Therefore, with the deliberate sending of your personal data through our means of contact and / or with the beginning of the commercial relationship with our company, we consider that you acknowledge and accept the processing of your personal data as described in this policy. This personal information will only be used for the purposes for which you have provided it or certain national or regional regulations enable us to do so.

In any case, we must warn you that a refusal on your part to provide certain requested information could hinder the development of the contractual relationship between the parties with possible serious consequences at the time of providing the various benefits contemplated in the commercial contract with the contracting party.

If you have any questions regarding this section of Personal Data Protection Policy for Clients, Suppliers and Users of TOYBE, S.A. please contact the company using the address provided in the first section ‘Data Controller’ and We will be happy to assist you and answer any additional questions you may want to ask.

  1. Applicable legislation

These conditions shall be governed at all times by the provisions of Spanish and European legislation on the protection of personal data and privacy.