1) IDENTIFICATION

This legal notice regulates the use of the website EVERGREEN-ELECTRICA.COM (hereinafter, THE WEBSITE), owned by EVERGREEN ELECTRICA SL (hereinafter, OWNER OF THE WEBSITE). The OWNER OF THE WEBSITE, in compliance with the Law 34/2002, of July 11, of services of the information society and electronic commerce, informs you that:

  • Its corporate name is: EVERGREEN ELECTRICA SL
  • Its commercial name is: EVERGREEN ELECTRICA SL
  • Its CIF is: B93034064
  • Its registered office is at: AVENIDA MATIAS SAENZ DE TEJADA S/N, EDIFICIO FUENGIROLA CENTRO II – ENTREPLANTA OFICINA 5 , FUENGIROLA , (MALAGA) , C.P. 29640.
  • Registered in the Mercantile Registry of: MALAGA, VOLUME 4715, FOLIO 193, BOOK 3623, SHEET MA-103782, REGISTRATION 2ª.

To communicate with us, we offer you different means of contact, which are detailed below:

  • Telephone: 951773477
  • Email: INFO@EVERGREEN-ELECTRICA.COM

All notifications and communications between users and the OWNER OF THE WEBSITE shall be considered effective, for all purposes, when made via postal mail or any other means of those detailed above.

2) USERS

The access and/or use of this portal of the OWNER OF THE WEBSITE, creator of the site, attributes the condition of USER, who accepts, from such access and/or use, the General Conditions of Use reflected here. The mentioned Conditions will be of application independently of the General Conditions of Contracting that in its case are of obligatory fulfillment.

3) USE OF THE PORTAL

The website and its services are free and open access, however, the OWNER OF THE WEBSITE conditions the use of some of the services offered on its website to the prior completion of the corresponding form, to become a user of the portal.

The user guarantees the authenticity and timeliness of all data communicated to the OWNER OF THE WEBSITE and shall be solely responsible for any false or inaccurate statements made.

The user expressly undertakes to make appropriate use of the contents and services of the OWNER OF THE WEBSITE and not to use them for, among others: a. Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, in support of terrorism or, in general, contrary to the law or public order.

b. Introduce into the network computer viruses, or perform actions likely to alter, damage, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of the OWNER OF THE WEBSITE or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of computer resources through which the OWNER OF THE WEBSITE provides its services.

c. Attempt to access the e-mail accounts of other users or restricted areas of the computer systems of the OWNER OF THE WEBSITE or third parties and, where appropriate, extract information.

d. Violate the rights of intellectual or industrial property, as well as violate the confidentiality of the information of the OWNER OF THE WEBSITE or third parties.

e. Impersonate the identity of another user, public administrations or a third party.

f. Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents, unless authorized by the owner of the corresponding rights, or it is legally permitted.

g. Collect data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without your prior request or consent.

4) PRIVACY POLICY

The WEBSITE OWNER wishes to inform the users and clients of its website, the policy carried out regarding the treatment and protection of the personal data of those persons who voluntarily use the contact forms to contact the WEBSITE OWNER, as well as access to its own website, which imply the communication of their personal data to the WEBSITE OWNER.

A.- Identification of the party responsible for the processing: The OWNER OF THE WEBSITE, with Tax Identification Code B93034064, informs the user and client of its website of the existence of an automated activity register of personal data called CUSTOMERS, where the personal data that the user and the client communicate to it in order to manage their request is collected and stored.

B.- Updating of policies: The WEBSITE OWNER will modify, without prior notice, this privacy policy whenever necessary to adapt it to any legislative, regulatory, jurisprudential or administrative change or in order to adapt said policy to the instructions issued by the Data Protection Agency or legitimate object of any modification of this policy, notwithstanding the above, it will be published and warned on the WEBSITE OWNER’s website.

For all of the above reasons, the WEBSITE OWNER recommends that users periodically read these policies in order to be aware of any changes that may be made to them.

C.- Purpose of the Register of activities: The OWNER OF THE WEBSITE does not request on its website, data from Internet users who visit it, except merely identifying data, therefore, the communication of personal data by the user to the OWNER OF THE WEBSITE through its website can only be understood to take place when they voluntarily use the contact form service or other means of communication to contact the OWNER OF THE WEBSITE, given that in these cases the processing of data is inevitable and implicit to the communication system. For these cases and those described in the following section, the entity informs the client that the processing of the data is carried out for the following purposes: To carry out all the formalities related to the preparation of budgets, contracting and provision of services of the OWNER OF THE WEBSITE, to the company to which it belongs or, where appropriate, to the interested party who requests it. As well as attending to and answering the communications received and those of commercial prospecting to keep users informed of possible promotions.

D.- Consent: It is informed that, when the user does not maintain commercial relations with the WEBSITE OWNER, and sends an e-mail or communication to the WEBSITE OWNER, indicating other personal data, said user will be giving his/her free, unequivocal, specific, informed and express consent for the processing of his/her personal data by the WEBSITE OWNER, for the purposes set out above, as well as to attend to his/her communication or send documentation.

For the same purposes, the WEBSITE OWNER informs that, if the client sends an e-mail or communicates to the WEBSITE OWNER their personal data by reason of the position they hold in a company, whether as administrator, manager, representative and/or any other position as a contact person in the company, it will be understood that such communication entails the provision of their free, unequivocal, specific, informed and express consent for the processing of their personal data by the WEBSITE OWNER, for the purposes set out above.

E.- Identification of the recipients: Those for whom the OWNER OF THE WEBSITE intends to carry out transfers or access to data on behalf of third parties.

The OWNER OF THE WEBSITE only intends to make transfers or communications of data that, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (hereinafter RGPD), must be made in order to meet its obligations to the Public Administrations, Bodies or persons directly related to the OWNER OF THE WEBSITE, in those cases where this is required in accordance with the legislation in force in each area and at any given time or in those cases in which it has expressly consented.

Likewise, the OWNER OF THE WEBSITE informs the user that any other transfer of data that must be made, will be made known to him/her when the RGPD so provides, informing him/her expressly, precisely and unequivocally of the recipients of the information, the purpose for which the data will be used, and the nature of the data transferred, or where appropriate, when the RGPD so provides, prior specific and informed unequivocal consent will be requested from the user,
.

However, the WEBSITE OWNER informs the user and the client that any processing of personal data is subject to the legislation in force in Spain on data protection, established by the RGPD and its complementary and development regulations. In this sense, the WEBSITE OWNER is only responsible for and guarantees the confidentiality of the personal data requested by the user through the website.

F.- Quality of the data: The OWNER OF THE WEBSITE warns the user, that except for the existence of a legally constituted representation, no user can use the identity of another person and communicate their personal data, so the user at all times must take into account that, can only include personal data corresponding to their own identity and that are adequate, relevant, current, accurate and true. For this purpose, the user shall be solely liable for any direct and/or indirect damage caused to third parties or to the OWNER OF THE WEBSITE, by the use of personal data of another person, or their own personal data when they are false, erroneous, not current, inadequate or inappropriate. Likewise, the user who uses the personal data of a third party shall be liable to the latter for the obligation of information established in the RGPD for when the personal data have not been collected from the interested party, and/or for the consequences of not having informed him/her.

G. Exercise of the rights of access, rectification, limitation of processing, portability, cancellation, opposition to processing and deletion of data: The OWNER OF THE WEBSITE informs the user of the possibility of exercising their rights of access, rectification, limitation of processing, portability, opposition to processing and deletion of their data as well as the right to lodge a complaint with the Control Authority by writing to the OWNER OF THE WEBSITE at the following address: AVENIDA MATIAS SAENZ DE TEJADA S/N, EDIFICIO
FUENGIROLA CENTRO II – ENTREPLANTA OFICINA 5 or by post to INFO@EVERGREEN-ELECTRICA.COM, enclosing in both cases your ID card or identity card.

H.- Use of forms for the collection of personal data: In the contact forms on the website, where personal data are collected, the user must expressly consent, prior to sending them, to the acceptance and knowledge of the privacy policy by completing the ‘I have read and accept the privacy policy’ check box, the content of which can be accessed via the attached link that will send you this legal notice. If the check box is not ticked by the user, the data contained in these forms will not be sent.

I.- Security measures adopted in relation to the processing of personal data: The WEBSITE OWNER informs the user that, in accordance with the provisions of the RGPD, it has adopted the necessary technical and organisational measures to guarantee the security of personal data and to avoid its alteration, loss, unauthorised processing or access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed. Likewise, the OWNER OF THE WEBSITE guarantees the user the fulfilment of the duty of professional secrecy with respect to the personal data of users and the duty to protect them.

J.- More information about privacy policy: If you want more information about our privacy policy you can click on the following link on our website: Privacy policy.

5) INTELLECTUAL AND INDUSTRIAL PROPERTY

Pursuant to the provisions of the current legislation regulating Intellectual Property, the reproduction, distribution and public communication, including making available, of all or part of the contents, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, of this website, for commercial purposes, in any format and by any technical means, are expressly prohibited without the authorization of the WEBSITE OWNER. All the contents of the website constitute a work whose ownership belongs to the OWNER OF THE WEBSITE, without being understood as assigned to the user any of the exploitation rights over them, beyond what is strictly necessary for the correct use of the web.

In short, users accessing this website may view the contents and make, where appropriate, authorised private copies provided that the elements reproduced are not subsequently transferred to third parties, nor are they installed on servers connected to networks, nor are they subject to any type of commercial exploitation.

Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the website are the property of the OWNER OF THE WEBSITE, without it being understood that the use or access to the same attributes any right over the same to the user.

The establishment of a hyperlink does not imply in any case the existence of a relationship between the WEBSITE OWNER and the owner of the website in which it is established, nor the acceptance and approval by the WEBSITE OWNER of its contents or services. Those persons who intend to establish a hyperlink must request prior written authorisation from the WEBSITE OWNER. In any case, the hyperlink will only allow access to the home-page or home page of our website, and must also refrain from making false, inaccurate or incorrect statements or indications about the WEBSITE OWNER, or include illegal content, contrary to good customs and public order. The OWNER OF THE WEBSITE is not responsible for the use that each user makes of the materials made available on this website nor for the actions carried out on the basis of the same.

6) EXCLUSION OF WARRANTIES AND LIABILITY

The content of this website is of a general nature and is for information purposes only, and access to all content is not fully guaranteed, nor is its completeness, correctness, validity or timeliness, nor its suitability or usefulness for a specific purpose. The OWNER OF THE WEBSITE excludes, to the extent permitted by law, any liability for damages of any kind arising from:

a. The impossibility of access to the website or the lack of truthfulness, accuracy, completeness and/or timeliness of the content, as well as the existence of vices and defects of any kind in the content transmitted, disseminated, stored, made available to those who have accessed through the website or the services offered.

b. The presence of viruses or other elements in the contents that may cause alterations in computer systems, electronic documents or user data.

c. Failure to comply with the law, good faith, public order, traffic practices and this legal notice as a result of incorrect use of the website. In particular, and by way of example, the OWNER OF THE WEBSITE is not responsible for the actions of third parties that violate intellectual and industrial property rights, trade secrets, rights to honor, personal and family privacy and one’s own image, as well as regulations on unfair competition and illegal advertising.

7) MODIFICATION OF THESE CONDITIONS AND DURATION

The OWNER OF THE WEBSITE may modify the conditions set forth herein at any time, and these will be duly published as they appear here. The validity of the aforementioned conditions will depend on their exposure and will remain in force until they are modified by others that are duly published.

8) LINKS

The OWNER OF THE WEBSITE declines any responsibility for information found outside this website and not managed directly by our webmaster. The function of the links that appear on this website is exclusively to inform the user about the existence of other sources that may expand the content offered by this website. The OWNER OF THE WEBSITE does not guarantee or accept responsibility for the operation or accessibility of the linked sites. It does not suggest, invite or recommend visiting them, and therefore will not be responsible for the results obtained. The OWNER OF THE WEBSITE is not responsible for the establishment of hyperlinks by third parties.

9) RIGHT OF EXCLUSION

The OWNER OF THE WEBSITE reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or that of a third party, to those users who fail to comply with these General Conditions of Use of the Portal.

10) GENERAL INFORMATION

In the event that any user or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or the performance of any activity on the web pages included or accessible through the website, they must send a notification to the OWNER OF THE WEBSITE, duly identifying themselves, specifying the alleged infractions and expressly declaring, under their own responsibility, that the information provided in the notification is accurate.

11) PUBLICATIONS

The administrative information provided through the website does not replace the legal publication of laws, regulations, plans, general provisions and acts that must be formally published in the official journals of public administrations, which constitute the only instrument that attests to their authenticity and content. The information available on this website should be understood as a guide.

12) APPLICABLE LAW AND JURISDICTION

These conditions shall be governed or interpreted in accordance with Spanish law in all matters not expressly stated. The provider and the user agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the Courts and Tribunals of the user’s domicile. In the event that the user is domiciled outside of Spain, the provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the domicile of the OWNER OF THE WEBSITE.