Wecustom® is a bespoke graduation management platform that enables the marketing of bespoke products (the "Platform") between the following entities (the "User Entity(ies)"): “Company“ is the entity that acquires from the dealer the customised products for its employee/s or, if applicable, whose order is requested directly by the employee/s. Dealer is the entity that purchases the custom-made products from the Wholesaler and sells them to the Company. “Wholesaler“ is the entity that purchases the custom-made products from the Production Centre and sells them to the dealer. “Optical Centre“ is the entity that carries out the grading of the custom-made products. “Production Centre“ is the entity that manufactures the customised products and sells them to the Wholesaler. "Platform Owner" is the entity that owns WE CUSTOM® and makes it available to the User Entities, that is, the company OPTOR, S.A.U, with registered office at C/ Quintana i Millars, 2 Nave G 08940 Cornellà de Llobregat (Barcelona), with C. I.F. nº A-08634917, telephone +34 932 04 81 10, contact email info@pegaso.es and is registered in the Mercantile Register of Barcelona in Volume 24707, Folio 125 and Section B-43304. By registering on or accessing the Platform, the User Entities declare that they have the legal capacity to carry out the respective procedures in the name and on behalf of their entity and guarantee that the information provided on the Platform is current and accurate. To this effect, the Platform Holder reserves the option to request, at any time, documentation proving these points. In the event that the Platform Holder verifies that the User Entity does not comply with the request, or does not comply with it correctly, the Platform Holder may deregister it, without prejudice to any other damages that such non-compliance may have caused to the other User Entities and to the Platform The registration and/or access to the Platform entails the acceptance of the Terms and Conditions so, before proceeding to its acceptance, please read carefully its content. The Platform Holder reserves the right to modify the Terms and Conditions at any time, in which case, the User Entities will be duly notified.
Use of the Platform
The User Entities undertake to make diligent use of the Platform, in full compliance with the applicable regulations, the Terms and Conditions and, where applicable, any other terms and conditions that the Platform Holder provides for in the Platform, otherwise it may limit, suspend and/or exclude their access to the Platform, adopting any technical measures necessary for this purpose Likewise, the User Entities undertake not to carry out any act aimed at damaging, rendering useless and/or overloading the Platform or preventing, in any way, its normal use and/or operation The Platform Holder makes its best efforts to keep the Platform in good working order, avoiding errors or, where appropriate, repairing them. However, the Platform Owner does not guarantee the availability and continuity of access to the Platform or the absence of errors in its contents, nor that the latter are updated in a timely manner
Industrial and Intellectual Property
All intellectual property rights over the designs, content and/or software of the Platform, in its different versions, as well as the different elements that comprise it (texts, graphics, photographs, videos, sound recordings, etc.), its structure, selection and order, are owned by the Platform Owner or, where appropriate, by its licensors The Platform Holder grants the User Entities a non-exclusive licence of use, without the right of transfer to third parties, limited solely and exclusively for the purposes and functions of the Platform, during the time that they are registered on the Platform. Consequently, the reproduction, transformation, adaptation, distribution, translation, public communication, making available, extraction and/or any other form of dissemination of the Platform that is not expressly authorised is expressly forbidden
Security Measures
The Platform Holder informs the User Entities that it will collect, structure, retain, record and destroy their personal data for the purposes foreseen in the Terms and Conditions. The Platform Holder shall maintain absolute secrecy regarding the personal data hosted on the Platform by the User Entities and guarantees that the persons authorised to process personal data shall expressly undertake to respect confidentiality and to comply with the relevant security measures. The Platform Holder has implemented security measures in accordance with the risk assessment carried out and undertakes not to disclose the data to third parties, unless it has the express authorisation of the User Entities in the legal cases The Platform Holder may communicate the data to other data processors of the User Entities, in accordance with their instructions, in which case, it shall identify, in advance, the entity to which the data must be communicated, the data to be communicated and the security measures to be applied in order to proceed with the communication. In particular, the Platform Holder shall subcontract to the entity DEINFO Servicios Informáticos, S.L. the hosting of the data. If it needs to subcontract the processing to other entities, it shall communicate it to the User Entities, clearly and unequivocally identifying the subcontractor. The subcontracting may be carried out if they do not express their opposition within fifteen (15) calendar days The Platform Holder shall notify the User Entities of data security breaches to the Spanish Data Protection Agency within seventy-two (72) hours of becoming aware of them and, as soon as possible, to the data subjects, when it is likely that the breach poses a high risk to the rights and freedoms of natural persons The Platform Holder shall also make available to the User Entities all information necessary to demonstrate compliance with its obligations, as well as for the performance of audits carried out by the User Entities. Once the User Entity unsubscribes from the Platform, the Platform Holder shall proceed to delete the data, and may keep a copy, with the data duly blocked, for as long as legal liabilities may arise Likewise, in relation to the personal data processed through the Platform, each User Entity undertakes to comply with the regulations in force and, in particular, in accordance with the applicable Privacy Policy: a) Data processing carried out by the Company Where applicable, in relation to the data of its employee(s), in particular, it guarantees that it will have complied with the duty of information and that it will have the appropriate legitimisation basis to be able to communicate its data to the dealer and the Wholesaler. In relation to the dealer's data: Purpose: To request the purchase of customised products. Legitimation: The legal basis for the processing of data is the execution of the contractual relationship Data categories: Contact data (email, telephone and address) and economic data to manage orders. Conservation: The data will be kept for the legal period provided for by the regulations in force (especially in tax and accounting matters) after the completion of the order. Addressees: The data may be communicated to financial institutions for the payment of invoices issued by the dealer and, where appropriate, to Public Administrations in accordance with the regulations in force. Rights: The dealer may exercise his rights of access, rectification, deletion, limitation, portability and opposition to the processing at the registered office of the Company. In the event that he/she does not receive a satisfactory response or wishes further information regarding any of these rights, he/she may contact the Spanish Data Protection Agency (www.aepd.es). b) Data processing carried out by the dealer In relation to the data of the Company (and, where applicable, the employee): Purpose: To send you an invitation to process your registration on the Platform, to manage the sale of the customised products requested and, subsequently, to send you informative communications on new products or offers of the products it markets. Data categories: personal identification data (name, surname, ID number, company and position) and contact data (email and telephone) of the workers and, where appropriate, name and surname of the contact person and their email address. Legitimation: The legal basis for sending the invitation is the express consent and, for the management of the sale and subsequent sending of informative communications, the execution of the contractual relationship. Conservation: The data will be kept for the legal period provided for by the regulations in force (especially in tax and accounting matters) after the completion of the order. Addressees: The data may be communicated to courier companies for the delivery of customised products and, where appropriate, to Public Administrations in accordance with the regulations in force. Rights: The Company may exercise its rights of access, rectification, deletion, limitation, portability and opposition to processing at the registered office of the dealer. In the event that you do not receive a satisfactory response or if you would like further information regarding any of these rights, you may contact the Spanish Data Protection Agency (www.aepd.es). In relation to the data of the Measuring Centre: Purpose: To select the most suitable measurement centre to carry out the measurement service for the customised products requested. Data categories: Contact details (business name, address, telephone and email). Legitimation: The legal basis for data processing is the execution of the contractual relationship. Conservation: The data will be kept for the legal period provided for by the regulations in force (especially, in tax and accounting matters) after the completion of the order. Addressees: The data will not be communicated to third parties except under legal obligation. Rights: The Measuring Centre may exercise its rights of access, rectification, deletion, limitation, portability and opposition to processing at the registered office of the dealer. In the event that you do not receive a satisfactory response or if you would like further information regarding any of these rights, you may contact the Spanish Data Protection Agency (www.aepd.es). In relation to the Wholesaler's data: Purpose: To manage the purchase of the customised products requested by the Company. Data categories: Contact details (email, telephone and address). Legitimation: The legal basis for the processing of data is the execution of the contractual relationship. Preservation: The data will be kept for the legal period provided for by the regulations in force (especially, in tax and accounting matters) after the completion of the order. Addressees: The data may be communicated to financial institutions for the payment of invoices issued and, where appropriate, to Public Administrations in accordance with the regulations in force. Rights: The Wholesaler may exercise its rights of access, rectification, deletion, limitation, portability and opposition to the processing at the registered office of the dealer. In the event that he/she does not receive a satisfactory response or requires further information regarding any of these rights, he/she may contact the Spanish Data Protection Agency (www.aepd.es). c) Data processing carried out by the Wholesaler In relation to the dealer's data: Purpose: To manage the sale of the customised products requested and, subsequently, to send informative communications about new products or offers of the products it markets. Data categories: Contact details (email, telephone, address) and current account number. Legitimation: The legal basis for the processing of data is the execution of the contractual relationship. Conservation: The data will be kept for the legal period provided for by the regulations in force (especially, in tax and accounting matters) after the completion of the order. Addressees: The data may be communicated to courier companies for the delivery of customised products and, where appropriate, to Public Administrations in accordance with the regulations in force. Rights: The dealer may exercise his rights of access, rectification, deletion, limitation, portability and opposition to processing at the Wholesaler's registered office. In the event that he/she does not receive a satisfactory response or requires further information regarding any of these rights, he/she may contact the Spanish Data Protection Agency (www.aepd.es). In relation to the Company's data: Purpose: To manage the sale of customised products requested by the dealer. Data categories: Contact and measurement data of the worker included in the order and, where applicable, contact data (email, telephone and address) of the Company. Legitimation: The legal basis for the processing of data is the execution of the contractual relationship. Conservation: The data will be kept as long as their deletion is not requested. Target recipients: The data will not be communicated to third parties except as required by law. Rights: The Company may exercise its rights of access, rectification, deletion, limitation, portability and opposition to the processing at the registered office of the Wholesaler. In the event that you do not receive a satisfactory response or if you would like further information regarding any of these rights, you may contact the Spanish Data Protection Agency (www.aepd.es). In relation to the data of the Measurement Centre, the processing arising from the subcontracting of the measurement service shall be regulated in the Contract signed between the Parties In relation to the data of the Production Centre: Purpose: To manage the purchase of customised products. Data categories: Contact data (email, telephone and address) and economic data to manage orders. Legitimation: The legal basis for the processing of data is the execution of the contractual relationship. Conservation: The data will be kept for the legal period provided for by the regulations in force (in particular, in tax and accounting matters) after the completion of the order. Addressees: The data may be communicated to financial institutions for the payment of invoices issued by the Production Centre and, where appropriate, to Public Administrations in accordance with the regulations in force. Rights: The Production Centre may exercise its rights of access, rectification, deletion, limitation, portability and opposition to processing at the registered office of the Wholesaler. In the event that you do not receive a satisfactory response or you would like further information regarding any of these rights, you may contact the Spanish Data Protection Agency (www.aepd.es). d) Data processing carried out by the Production Centre In relation to the Wholesaler's data: Purpose: To manage the sale of the customised products requested. Data categories: Contact details (email, telephone and address). Legitimation: The legal basis for the processing of data is the execution of the contractual relationship. Preservation: The data will be kept for the legal period provided for by the regulations in force (especially, in tax and accounting matters) after the completion of the order. Addressees: The data may be communicated to courier companies for the delivery of customised products and, where appropriate, to Public Administrations in accordance with current regulations. Rights: Wholesalers may exercise their rights of access, rectification, deletion, limitation, portability and opposition to processing at the registered office of the Production Centre. In the event that he/she does not receive a satisfactory response or wishes further information regarding any of these rights, he/she may contact the Spanish Data Protection Agency (www.aepd.es).
Security Measures
The Platform Holder has implemented the necessary technical and organisational security measures to guarantee the security of your personal data and prevent its alteration, loss, processing and/or unauthorised access, 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 from the physical or natural environment
Liability
The Platform Holder shall be exempt from any liability and/or claims arising, directly or indirectly, in connection with the marketing of the custom-made products and their grading, characteristics and defects. The Platform Holder shall not be liable for any damages and/or losses that may arise from the improper use of the Platform by the User Entities, for the lack of implementation of its updates or new versions, for Internet crashes and/or interruptions, for any infringement arising from the use of the Platform that does not comply with current legislation, the Terms and Conditions and any other applicable ones
Unsubscribe
In order to unsubscribe from the Platform, the User Entities must communicate this by e-mail to support@wecustom.com.
Applicable Law and Jurisdiction
The Terms and Conditions shall be governed by and construed in accordance with Spanish law In the event of any conflict or discrepancy arising in the interpretation and/or application of the Terms and Conditions, the competent courts shall be those of the city of Barcelona (Spain)