1. Introduction
1.1 www.mixmediaforum.com is committed to safeguarding the privacy of our website visitors and service users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.3 We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website. By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.
2. How we use your personal data
2.1 In this Section we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
2.2 We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, telephone number, network providers, device types, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The sources of the usage data are our analytics tracking systems, call data systems and call reporting and billing systems. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is consent OR our legitimate interests, namely billing for, monitoring and improving our website and services.
2.3 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing, explaining and selling relevant goods and/or services to you. The legal basis for this processing is consent.
2.4 We may process information relating to transactions and telephone calls, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data“). The transaction data may include your contact details, your telephone number, network provider, your card details and the transaction details. The transaction data may be processed for the purpose of supplying and billing for the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
2.5 We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
2.6 We may process certain personal data. This data may include credit and debit card, banking and telephone number details. The source of this data provided by you to process commercial transactions.
2.7 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.8 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
2.9 In addition to the specific purposes for which we may process your personal data set out in this Section, we may also process any of your personal data where such processing is necessary for compliance with a legal or regulatory obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.10 Please do not supply any other person’s personal data to us, unless we prompt you to do so.
3. Providing your personal data to others
3.1 We may disclose your personal data to any member of our group of companies, where such a group exists, (this means where applicable any subsidiaries and holding companies) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
3.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4. International transfers of your personal data
4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
4.2 The European Commission has made an “adequacy decision” with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.
4.3 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
5. Retaining and deleting personal data
5.1 This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We will retain your personal data as follows:
(a) personal data categories will be retained for a minimum period of 2 years, and for a maximum period of 6 years following the date of collection, or the last date at which the data was used in accordance with this policy, whichever is the longer.
5.4 Notwithstanding the other provisions of this Section, we may retain your personal data where such retention is necessary for compliance with a legal or regulatory obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6. Amendments
6.1 We may update this policy from time to time by publishing a new version on our website.
6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
6.3 We may notify you of changes to this policy by email.
7. Your rights
7.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by contacting us.
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
7.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
7.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
7.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.13 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8.
8. About cookies
MIXMEDIA FORUM, SL. with headquarters at Calle Velazquez 94, piso 1, 28006, Madrid, España , wishes to inform you that our web page www.mixmediaforum.com (from now on, the "Website") uses cookies to maintain its correct functioning, analyze users browsing habits and to improve the quality of your navigation.
8.1. What are cookies?
Cookies are text files that are installed on the device from which this page is accessed and automatically store and send information to our server while you are browsing this Website.
Please note that Cookies do not damage nor slow down your device. However, you can delete them at any time, or reject them through the configuration panel or by configuring your browser as detailed later in this policy.
Through the use of cookies, MIXMEDIA FORUM, SL. collects your personal data, therefore MIXMEDIA FORUM, SL. hereby states that it processes personal data in accordance with article 13 of the Regulation (EU) 2016/679 on Data Protection (from now on, "GDPR").
These elements are aimed at improving your browsing experience, allowing you to be remembered on future visits, store your preferences or browse more efficiently, quickly and easily. The specific uses we make of these technologies are described below.
8.2. What type of cookies are used on this Website and what is their purpose?
Below is a detailed list of the cookies we use on our Website, indicating whether they are our own (First-party cookies are sent to the user's device from a computer or domain managed by MIXMEDIA FORUM, SL. and from which the service requested by the user is provided) or from third parties (Third-party cookies are sent to the user's device from a computer or domain that is not managed by MIXMEDIA FORUM, SL., but by another entity that processes the data obtained through cookies), as well as the purpose of the cookies.
In particular, depending on the time they remain active, Cookies can be divided into:
Session Cookies: These are cookies designed to collect and store data while the user accesses a website. They are usually used to store information that is only interesting to keep for the provision of the service requested by the user on one occasion.
Persistent cookies: They are a type of cookie in which the data is still stored in the terminal and can be accessed and processed during a period defined by the person responsible for the cookie, which can range from a few minutes to several years.
Finally, depending on their purpose, cookies can be classified as functional, personalization, analytical or advertising cookies.
In order to provide you with an overview of all the cookies used on our Website, we have included a table below with all relevant information about cookies, as well as the possibility of managing and configuring their installation.
8.3. How to delete or disable cookies
Should you want to manage the cookies you install or disable any previously accepted cookies you can do so in the configuration panel included above.
However, you can also disable and delete cookies from the settings in your browser. Most web browsers allow you to manage, at any time, your preferences on the use of Cookies. You can set your browser to reject Cookies or delete certain Cookies at your discretion.
To manage and configure cookies the User can access the following links that explain how to manage the use of cookies depending on the used web browser:
https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en
https://support.mozilla.org/en-US/products/firefox/protect-your-privacy/cookies
https://support.microsoft.com/en-en/help/17442/windows-internet-explorer-delete-manage-cookies
https://support.apple.com/en-gb/guide/safari/sfri11471/mac
https://support.apple.com/en-en/HT201265
https://help.opera.com/en/latest/web-preferences/#cookies
You can revoke your consent to the use of cookies in your browser by following the instructions above.
8.4. Updates and changes to the Cookie Policy
MIXMEDIA FORUM, SL. can modify this Cookie Policy to adapt it to any existing legislative or regulatory requirements, as well as to instructions issued by the Spanish Data Protection Agency. For this reason, users are advised to visit this page periodically, in order to be aware of any changes in the Cookie Policy.
Legal information and acceptance
We inform you that the www.mixmediaforum.com (hereinafter, the "Website") is the property of MIXMEDIA FORUM, SL., with CIF CIF: B87592713, with registered office in Calle Velazquez 94, piso 1, 28006, Madrid, España.
The terms and conditions of use set down herein (hereinafter, the "Legal Notice") regulate the access, navigation and use of Website. Anyone who uses Website in any way whatsoever will be considered a user (hereinafter, the "User").
Access, browsing and use of Website implies the express and unreserved acceptance of the Legal Notice which shall have the same validity and effectiveness as any agreement entered into in writing and signed by MIXMEDIA FORUM, SL. and the User. Therefore, Users must read this Legal Notice on the Website carefully each time they intend to use it, as it may be modified without prior notice.
The Website makes available to Users certain information on products and functionalities marketed by third parties which may be subject to particular terms and conditions, regulations and instructions which may replace, complete and/or modify this Legal Notice and that may require the User acceptance.
Its observance and fulfillment will be demanded of any User who accesses, uses or browse the Website. If you do not agree with this Legal Notice, please do not access, browse or use the Website.
The User can contact MIXMEDIA FORUM, SL. through the following email address: [email protected]
Conditions of use of the Website
The use of the Website and its content is completely voluntary and under the responsibility of the User. Access to the Website is free except for the cost of the telecommunications network provided by the provider contracted by the User. Access to the Website does not require the provision of personal data or the User registration.
The Website aims to provide information to Users regarding certain products that have been previously analyzed and rated by MIXMEDIA FORUM, SL. specialists (hereinafter, the "Ratings"). Hence, the Users are allowed to know the characteristics, functionalities, prices, as well as the ratings of such products made by MIXMEDIA FORUM, SL. specialists (hereinafter, the "Products")
Furthermore, the User shall have the possibility to be redirected to the seller's website in case he/she is interested in acquiring the Products. Notwithstanding the above, Users are informed that MIXMEDIA FORUM, SL. does not commercialize or distribute any Product, it only analyzes products commercialized by third companies with whom it has entered into agreements with the purpose to carry out such analyses and from whom it receives a fee for promoting the purchase of its products (hereinafter, the "Partners").
MIXMEDIA FORUM, SL. is not responsible for the veracity of their opinions and Ratings shown, since they are made on the basis of information provided by our partners regarding price, functionalities and technical characteristics of the Products.
The Users are obliged to use the contents and services in a diligent, legal, correct and licit manner and, in particular, undertake to abstain from, but not limited to (a) using the contents in a manner and for purposes that are contrary to the law, morality and generally accepted good customs or public order; (b) transmitting or disseminating information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general, any obscene, offensive, vulgar material or material that induces criminal, denigrating, defamatory, infamous, violent or, in general, contrary to the law, morality and generally accepted good customs or public order; (c) reproduce, copy, or distribute the contents, as well as allow public access to them through any form of public communication, or transform or modify them, unless you have the authorization of the owner of the corresponding rights or it is legally permitted; (d) violate intellectual or industrial property rights belonging to MIXMEDIA FORUM, SL.; (e) use the services and contents in such a way that it may damage or overload the Website; (f) carry out fraudulent transactions or transactions that may facilitate illicit or fraudulent conduct of any kind; and (g) use the contents and services and, in particular, the information of any kind obtained through the Web Site for any kind of advertising purpose.
The Users shall be liable for the damages of any nature that MIXMEDIA FORUM, SL. could suffer, directly or indirectly, as a consequence of the breach of any of the obligations derived from this Legal Notice or from the law in relation to the Website.
Liability
MIXMEDIA FORUM, SL. reserves the right to interrupt access to the Website, as well as the provision of any or all of the contents provided through it at any time and without prior notice, whether for technical, security, control or maintenance reasons, or due to power failures or any other justified cause.
Consequently, MIXMEDIA FORUM, SL. does not guarantee the reliability, availability or continuity of the Website or its contents, so the use of them by the Users is carried out at their own risk, without, at any time, being able to demand responsibilities for the discontinuity or lack of availability of its services.
MIXMEDIA FORUM, SL. excludes any responsibility for damages of any nature that may be due to the lack of veracity and accuracy of the information, opinions, analysis and Ratings provided on the Website, nor for the contents provided or offered by third parties or entities. Furthermore, in no event, MIXMEDIA FORUM, SL. guarantees the fulfillment of the applicable legislation of the Products, regarding the rights of intellectual property and any applicable law. Particularly, MIXMEDIA FORUM, SL. will not be responsible for the use that the minors can do of the information provided on the Website.
MIXMEDIA FORUM, SL. will try as far as possible to update and rectify any information hosted on the Website that does not meet the minimum guarantees of accuracy. Nevertheless, it will be exonerated of responsibility by its non-updating or rectification, as well as by the contents and information spilled in the same one.
MIXMEDIA FORUM, SL. will not be responsible in case of interruptions of the service, delays, errors, malfunction of the same and, in general, other inconveniences that have their origin in causes that escape of the control of MIXMEDIA FORUM, SL., and/or due to a fraudulent or guilty action of the Users and/or have their origin in causes of Force Majeure. Without prejudice to the established in the article 1105 of the Civil Code, it will be understood included in the concept of Force Majeure, in addition, and to the effects of the present Legal Notice, all those events occurred out of the control of MIXMEDIA FORUM, SL., such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those others produced as a consequence of natural phenomena, blackouts, etc., and the attack of hackers, crackers or other third parties to the security or integrity of the computer system. In any case, whatever its cause, MIXMEDIA FORUM, SL. will not assume any responsibility either for direct or indirect damage, consequential damage and / or lost profits.
MIXMEDIA FORUM, SL. excludes any responsibility for the damages and prejudices of all class that can be due to the presence of virus or to the presence of other harmful elements in the contents that can produce alteration in the computer systems, as well as in the documents or systems stored in the same ones.
MIXMEDIA FORUM, SL. is not responsible for the use that the Users make of the Content of the Web site, as well as of any other material contained in the Web site, that can suppose a violation of any national or international regulation, of the rights of intellectual or industrial property or any other right of third parties. Likewise, it is not responsible for the possible security errors that could be produced by the fact of using non-updated versions of browsers, or for the consequences that could be derived from the malfunctioning of the browser, either by inadequate configuration, presence of computer viruses or any other cause beyond MIXMEDIA FORUM, SL.'s control.
Links to third parties (outgoing links)
The Website contains links to other websites belonging to third companies that commercialize the Products analyzed by MIXMEDIA FORUM, SL. (hereinafter, "Linked Sites"). In these cases, MIXMEDIA FORUM, SL. acts as a service provider in accordance with article 17 of the Law 34/2002, of 11 July, of Services of the Society of Information and Electronic Commerce (hereinafter, the "LSSI") and will only be responsible for the contents and services provided in the Linked Sites in the measure that it has effective knowledge of the illegality or that the goods or rights of third parties can be damaged and has not deactivated the link with due diligence.
In the event that Users consider that there is a Linked Site with illegal or inappropriate content, they may notify MIXMEDIA FORUM, SL. at the contact address indicated in the first section of this Legal Notice, indicating: (a)name of the company: name, address, telephone number and e-mail address; (b)a description of the facts that reveal the illicit or inadequate character of the Linked Site; and (c)an express declaration that the information contained in the communication is exact. In no case does this communication imply the obligation to remove the corresponding link, nor does it imply, as provided in the LSSI, effective knowledge of the activities and/or contents indicated by the communicator.
MIXMEDIA FORUM, SL. does not know the contents and services of the Linked Sites, since once they are developed for the third parties, it is the third parties who manage their own Web Sites, and therefore it is not responsible for the damages produced by the illegality, quality, out-of-date, unavailability, error and uselessness of the contents and/or services of the Linked Sites, nor for any other damage that is not directly attributable to MIXMEDIA FORUM, SL., except in the mentioned article 17 of the LSSI. If Users decide to visit and/or use any of the Linked Sites, they will do so at their own risk, and will have to take the appropriate protection measures against viruses or other harmful elements.
Links to the website (inbound links)
Third parties are not allowed to introduce links from their own web pages to the Website unless they have the express consent of MIXMEDIA FORUM, SL..
In the case that a third party is authorized to use the Website, this use will be done respecting the limitations and purposes provided in the authorization itself. In this case, MIXMEDIA FORUM, SL. will be able to request, at any time and without needing to provide the reasons for such request, that any link to the Website be removed, after which the person responsible for the linking website must proceed immediately to remove it.
Intellectual and industrial property
All intellectual and industrial property rights over the contents available on the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, for public or commercial purposes, unless prior, express and written authorization has been obtained from the owners of the corresponding rights.
It is strictly forbidden to use all the elements contained on the Website that are the object of industrial and/or intellectual property for commercial purposes, as well as to distribute, modify, alter or decompile them. At no time, unless expressly stated otherwise, access, navigation or use of the Website and/or its contents gives the User any right to distinctive signs included in it.
In the event that the User sends information of any kind to MIXMEDIA FORUM, SL. through any of the channels enabled for this purpose, the User declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual or industrial property rights, commercial secrets (“know-how”) or any other rights of third parties, and that said information is not of a confidential nature or harmful to third parties.
The User recognizes to assume the liability over his/her actions, rendering MIXMEDIA FORUM, SL. unharmed in relation to any communication or information provided to MIXMEDIA FORUM, SL. by the User. This waiver applies without any restriction to the accuracy, legality, originality and ownership of the relevant communications or information.
Any claims made by the User in relation to possible breaches of the rights of intellectual and/or industrial property on the contents of the Website must be sent to the following email address: [email protected]
Data Protection
MIXMEDIA FORUM, SL. does not process any personal data of the Users, therefore the Website is not subject to 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.
Use of Cookies
The Website uses cookies. Users have the option to prevent the generation of cookies by checking the corresponding menu option in their browser, however, if they choose to disable the use of cookies, the operation of the Website may be affected. MIXMEDIA FORUM, SL. uses its own and third party cookies to measure and analyse the use of the website and to improve its services.
Miscellaneous
Any clause or provision of this Legal Notice that is or becomes illegal, invalid or unenforceable shall be excluded from this Legal Notice and shall be deemed inapplicable to the extent of such illegality, invalidity or unenforceability, and shall be replaced by another that most closely resembles the previous one, but shall not affect or prejudice the remaining provisions, which shall remain separate from any illegal, invalid or unenforceable clause or provision and shall instead remain in full force and effect.
Applicable law and jurisdiction
The relationship between MIXMEDIA FORUM, SL. and the User will be governed by the Spanish regulations in force and any controversy will be submitted to the Courts and Tribunals of the User's address.