Company Name: OPTIM S.A.
Headquarters: C/Espigolera 13, 08960 Sant Just Desvern
ID No. (CIF): A08888521
Customer Service Tel.: +34 93 480 93 93
Domain name: www.optim.vision
1.1 OPTIM S.A., the party responsible for the website, provides users with this document, by means of which it intends to comply with the obligations specified in Act 34/2002 on Information Society and Electronic Commerce Services (LSSI-CE), as well as inform all users of the website about the conditions of use of the site.
1.2 Any person accessing this website and using its services, or supplying his/her data, assumes the role of user and undertakes to rigorously observe and comply with the provisions contained herein, as well as any other legal provisions that may apply.
1.3. These conditions shall be valid for an indefinite period of time and shall be applicable to all contracting carried out through the provider’s website, until the publication of a new version.
1.4 The provider reserves the right to change any kind of information that may appear on the website, without any obligation to give advance notice or inform users about said changes, with publication on the provider’s website being understood to be sufficient.
1.5 As such, regularly reviewing this disclaimer is recommended.
1.6 The provider reserves the right to refuse or restrict a user’s use of and/or access to the website in the event of a breach of these general terms and conditions, with the user not being entitled to receive any compensation or damages on account thereof.
2.- Identity of the Parties
2.1. Party of the first part, the provider identified above, and party of the second part, the user registered on the website and who shall be responsible for the veracity of the personal information supplied to the provider.
3.- Obligations of User
3.1 The user shall be fully responsible for maintaining the confidentiality and appropriate safekeeping of the passwords he/she has, preventing unauthorized third parties from having access to them.
3.2 A series of data is requested from the user for the contracting of services offered through the website. The purpose of the aforementioned request is to make the contracting possible and to carry out the contracted service under the proper conditions. In this respect, the user undertakes to ensure that the data requested and declared are true, complete and accurate, and likewise undertakes to notify the provider as soon as possible of any change that may affect the data, in order to avoid any problems that might arise if the provider has incorrect or out-of-date data.
4.- Exemption from Liability
4.1. The provider:
a) Is exempt from any kind of liability arising from the information published on its website, provided that this information has been manipulated or entered by an outside third party.
b) Cannot guarantee that the use of the website and its services is done in accordance with the law, these general terms and conditions, morality and pubic order; however, it will adopt the measures it deems appropriate at any time in order to comply with the provisions of current legislation.
c) Is not liable for losses or damages of any kind that may arise from the incorrect, illegitimate or illegal use that the user may make of the website or the services or contents that it offers.
d) Reserves the right to block the user’s access to and use of the services on its website at any time and without warning, in the event of breach of the general and specific conditions of use and in the event of acts that are against the law, morality and generally accepted principles of morality and public order.
e) Reserves the right to change these general terms and conditions at any time, respecting the rights acquired by users. Users will be notified of any and all changes as soon as possible. The insertion of new text in the general terms and conditions of this website is considered to be notifying the user of a change. Using the website after any change in the general terms and conditions implies their acceptance by the user.
f) In no case shall the provider be liable for moral damages, loss of profits and/or any direct or indirect damages that the user may suffer.
g) From the customer’s website, it is possible to be redirected to the contents of third party websites. Given that the provider cannot always control the contents entered by third parties on their websites, it does not assume any liability whatsoever with regard to said contents. In any case, the provider declares that it shall proceed to immediately remove any content that could be in violation of national or international law or go against morality or public order, proceeding to remove the redirection to said website and making the competent authorities aware of the content in question.
h) This website has been checked and tested to make sure that it functions properly. In theory, it can be guaranteed to function properly 365 days a year, 24 hours a day. Nevertheless, the provider cannot rule out the possibility that there may be circumstances, such as programming errors, which will cause interruptions in the service in order to perform maintenance work or that there will be occurrences beyond its control, such as force majeure, natural disasters, hacker and cracker activity, strikes or similar circumstances that will make it impossible to access the web page.
i) Under no circumstances may the user make any economic claim for this interruption in service.
5.- Notification of Issues.
If you have any service-related issues, either before or after the purchase is made, you may contact us at firstname.lastname@example.org
6.- Industrial and Intellectual Property
6.1 These pictures and images are exclusive property registered of OPTIM S.A. You are not allowed to use this pictures and images without written authorization from OPTIM S.A. The purchase of OPTIM S.A. Products does not confer the right to display OPTIM’s copyrighted photos on the internet.
6.2 The website, including but not limited to its programming, editing, compilation and other elements required for its operations, the designs, logos, text and/or graphics are the property of the provider, or the provider has a license or the express authorization from the authors, as applicable. All the contents of the website are duly protected by industrial and intellectual regulations, as well as being registered in the relevant public registers.
6.3 Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and commercialization thereof always requires prior written authorization from the provider. Any use that has not been authorized beforehand by the provider shall be considered a serious breach of the author’s industrial or intellectual property rights.
6.4 The non-provider designs, logos, text and/or graphics that may appear on the website belong to their respective owners, who are liable for any possible dispute that may arise regarding them. In all cases, the provider has the express prior authorization from these owners.
6.5 The user and/or visitor of the website undertakes to respect these rights and, consequently, to not copy, reproduce, change, distribute, transmit, publish, exhibit or represent any of the aforementioned contents of the website through media other than those enabled by it for this purpose, or those that are used legitimately on the Internet and that have been previously authorized, expressly and in writing, by the provider. Moreover, the user and/or visitor undertakes to not carry out any other activity that could infringe the intellectual property rights of the provider, or of the users of the website.
6.6 Any observations or comments regarding possible breaches of industrial or intellectual property rights, as well as regarding any of the website’s contents, can be made to the following email address: email@example.com
7.- Safeguard clause.
7.1.- The potential invalidity or unenforceability of one or more clauses of these general terms and conditions, due to any reason, shall not entail the invalidity or unenforceability of the text as a whole, which shall remain in full force and effect for all other clauses.
8.- Governing law and jurisdiction
8.1.- Applicable law, in the event of any dispute or conflict in the interpretation of the terms that comprise these Conditions of Use and for any questions regarding the services offered by the Website, shall be Spanish law.
8.2.- For the resolution of any disputes that may arise upon using the Website and its services, the parties agree to submit them to the jurisdiction of the judges and courts of the user’s domicile, or the one, in each case, established by procedural and/or consumer and user regulations.
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”) and the implementing regulations thereof, OPTIM S.A. hereby informs all users of the website, optim.vision (the “Website”), about the processing of their personal data, including the data they provided when accessing and using the Website and in their daily relationship with OPTIM.
In general, why will we process your personal data?
- To respond to requests for information submitted via the “Contact” section of the Website.
- To be able to manage your online purchases. Order, payment, delivery, etc.
- To manage subscriptions for receiving our Email Newsletter.
- To notify you when your glasses are available to try on at the store.
What is the legitimate interest for processing your data?
- To respond to requests for information submitted via the “Contact” section of the Website. The consent expressed based on the sent request.
- For sending information / newsletter about KODAK. Your consent / 21.1 LSSI (Spanish Law on Information Society Services) for sending electronic communications.
- To manage your online purchases. Contractual compliance.
- Notification that a model of glasses is available in store to try on. Legitimate interest.
How long will we keep your data?
Generally, the data provided will be kept for the period of time necessary for each of the purposes for which the data is to be used. In any event, for the period of time legally established for each purpose. For the period of time necessary in order to respond to and perform the relevant internal follow-up of the communicated suggestion or observation. For marketing communications sent electronically, your data will be kept indefinitely, until you state otherwise. With regards to the submission of a job application, your data will be kept for one year.
Who are the recipients of your data?
In general, your data will not be communicated to third parties. Your data would only be communicated to third parties on occasions defined by law, or when essential in order to respond to your demands, requests or provision of services.
Other than the aforementioned, third-party Data Processors could have access to your data.
Where do we obtain your data?
The data that we are going to process is that which you provide to us throughout our relationship.
What are your rights when you provide us with your data?
Insofar as OPTIM processes your personal data, you have the right to request:
Access. The data subject will have the right to obtain confirmation, from the controller, about whether or not the data that concerns him/her is being processed, as well as detailed information about certain aspects of the processing that is being carried out.
Rectification. The data subject will have the right to obtain the rectification of inaccurate personal data that concerns them, or the completion of any data about them that is incomplete.
Erasure. The data subject will have the right to request the erasure of their personal data. In any event, erasure will be subject to the limits established in the regulatory standard.
Limitation of processing. The data subject will have the right to request limitation regarding the processing of their personal data.
Objection to processing. In certain circumstances and for reasons related to their particular situation, data subjects may object to the processing of their data. OPTIM will cease to process the data, unless there are compelling legitimate grounds, or in order to exercise or defend against any complaints.
Right to the portability of your data. You will have the right to receive the personal data that concerns you and that you have provided to a controller. The data will be provided in a structured format, for common use and mechanical reading, and you have the right to transmit this data to another controller.
The aforementioned rights may be exercised by sending a signed, written request, addressed to OPTIM, c/espigolera 13, 08960 Sant Just Desvern, or by sending an email to firstname.lastname@example.org
What happens if I do not provide the requested data?
Your refusal to provide all of the identification and contact data indicated as mandatory could result in you being unable to access the service or prevent us from responding to your requests.
Protection of supervisory authorities.
If you deem it appropriate, you can request the protection of the Spanish Data Protection Agency by filing the corresponding complaint. www.agpd.es. C/ Jorge Juan nº 6 28001 Madrid.
OPTIM has adopted the legally required levels of security for protecting personal data, and it has installed all the means and technical measures at its disposal to avoid the loss, improper use, alteration, unauthorised access or theft of the personal data provided to OPTIM. Nevertheless, users must be aware that Internet security measures are not impregnable.