LEGALES

Terms of Use and Privacy

Please read our “Terms of Use and Privacy Policy” carefully for a better user experience.

1.- Owner and Responsible

The owner of this website and responsible for its processing is Factum Balear S.L. (hereinafter Factum Balear Mallorca), with registered office at Calle Balanguera, 12 B, CP 07141, Marratxí, Palma de Mallorca, Balearic Islands, Spain.

NIF: B-16542649
E-mail: info@factumbalear.com
Telephone: 971 47 98 58
Mobile phone: 656 181 840

Factum Balear S.L. is registered in the Mercantile Register of Mallorca, volume 2728, folio 104, section 8, 1st inscription and with page PM 82553.

The use of the website confers the condition of user, and with it you accept the terms and conditions indicated below.

1.2.- Description

Acceptance of Factum Balear Mallorca’s Terms of Use and Privacy Policy is a necessary condition for the use of our website.

These Conditions of Use and Privacy regulate the collection, treatment and use of your personal and non-personal information as a user of Factum Balear Mallorca, as of the effective date shown in the heading. They also indicate the conditions of use of the website and its functions (hereinafter referred to as the Service).

In order to process your personal data, Factum Balear Mallorca complies with the current local and European legislation, as well as its development regulations.

2.- Description and Use of the Service

Factum Balear Mallorca is a company specialising in heated swimming pools that provides innovative and high quality solutions for its clients, carrying out traditional and avant-garde work. Its services include the following:

• Design and traditional pools
• Waterfalls, fountains and ponds
• Swimming pool lighting
• Saunas, thermal baths and steam baths
• Works, reforms and rehabilitations
• Automatic pool covers
• Spas

3.- External links

The website may link to other websites.

However, we do not exercise any control over such sites and their content, which is in fact subject to their own terms and conditions. Nor do we assume any association with or responsibility for them, nor do we guarantee their technical availability, quality, reliability, accuracy or truthfulness.

4.- Intellectual and Industrial Property

The content and information of Factum Balear Mallorca (among others brands, logos, data, text, images or computer code), as well as the hardware or software elements used to provide such content and information, are property of Factum Balear Mallorca or it has the corresponding authorizations for its use.

Therefore, and by virtue of the provisions of national and European regulations on intellectual property, the modification, reproduction, duplication, copying, distribution, sale, resale and other forms of exploitation for commercial or equivalent purposes of the Service and its content is prohibited.

For any other use of the content of the Service you need our prior written consent or, as the case may be, that of the authors of the content.

5.- User Content

You can contribute to the Service by sending us a message to our email address or by using the contact forms available on the Website (“Content”).

We may use your Content in a variety of ways, such as: displaying it on the Website, reformatting it, translating it into other languages, editing it for clarity, correcting errors, promoting it or distributing it.

Therefore, by submitting Content to us you grant Factum Balear Mallorca a worldwide, non-exclusive, free, non-transferable, sublicensable and sublicensable licence to use that Content.

This means that the Content remains yours, but Factum Balear Mallorca, thanks to this license of use, can: a) use, reproduce, modify, adapt, translate, distribute and publish the Content, create derivative works from it, display and exhibit it worldwide, by any known means and for any legitimate purpose; and b) use the name that you submit in connection with that Content.

However, Factum Balear Mallorca reserves the right not to publish any content or information that is false or contrary to the rights of third parties.

6.- Age

With respect to your use of the Site, you represent that you are of legal age and that you have the legal capacity to be bound by this Agreement and to use the Site in accordance with its terms and conditions, which you fully understand and acknowledge.

You represent that all information you provide to access the Service, before and during use, is true, complete, accurate, complete, and accurate.

during your use of the Service is true, complete and accurate.

7.- Data protection

7.1.- Information collected

The personal and non-personal information collected will change depending on your use of the website and its features.

The personal and non-personal information collected will come to us in three ways: 1) information collected automatically, 2) information you voluntarily provide to us, and 3) information provided to us by third parties.

7.1.1.- Automatically collected data

This information will consist of:

• That collected through cookies or similar mechanisms stored on your device, always with your consent. See our Cookie Policy for more information.
• The IP from which the connection is made, the type of device used and its characteristics, the version of the operating system, the type of browser, the language, the date, the country, the time of the request, the reference URL or the mobile network used, among others.
• Site usage data and possible errors detected during its use, such as pages not found or erroneous visualisations.

7.1.2.- Data provided voluntarily

This information will consist of:

• The information, personal or not, that may be contained in the messages sent through the contact channels established in the Service, for example your name, email and message.
• The information, personal or not, that could be contained in the messages sent through the channels destined to make enquiries about Factum Balear Mallorca services, for example your name, email and message.
• Personal or non-personal information required to subscribe to the newsletter, such as your email address.
• Your photograph, name, nickname or geolocation if you decide to participate in any of our social media activities.

7.1.3.- Those provided by third parties

This information will consist of:

That provided by social networks or similar services.

7.2.- Rights

We inform you that the completion of the forms is voluntary. However, if you do not fill in the obligatory fields, the use of some functions of the Service will not be possible or will be limited.

The personal data you provide will be included and processed in the Factum Balear S.L. Register of Processing Activities in order to attend to your requests, provide the requested service and keep you informed on matters relating to the company’s activity and services.

You may at any time exercise your rights of access, rectification, suppression, limitation of processing, opposition and portability of your personal data by sending an email to: info@factumbalear.com or to the postal address: calle Balanguera, 12 B, CP 07141, Marratxí, Palma de Mallorca, Balearic Islands, Spain.

In both cases you must identify yourself with your name and surname, as well as a copy of your DNI or national ID, if necessary.

In the event that you have given consent for a specific purpose, you have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal.

Furthermore, if you consider that there is a problem with the way Factum Balear Mallorca is handling your data, you can address your complaints to the appropriate data protection authority, being the Spanish Data Protection Agency the one indicated in the case of Spain.

7.3.- Use of Data

Factum Balear Mallorca will use the collected data to:

• Administer, provide and update the Service (the legal basis being the contract).
• Manage the relationship with the client in the whole process, from the interest expressed in the consultation or viewing of articles in the brand’s establishments or through the website to after-sales service (the legal basis being our legitimate interest in providing the service).
• To deal with the issues you raise, such as queries, complaints, claims and/or suggestions obtained from the channels of contact with the organisation for customer service (the legal basis being our legitimate interest in attending to the requests of our users).
• Analyse the profiles of preferences, activity developed on the website and manage the customer loyalty process (the legal basis being our legitimate interest in carrying out direct marketing activities).
• To send you by email our newsletter and promotional offers of products and services of the organisation, based or not on preferences, as well as the sending of birthday greetings, through physical and/or electronic means (the legal basis being your consent or our legitimate interest based on the previous contractual relationship).

You will be able to unsubscribe from them from the e-mail you receive or by contacting us at info@factumbalear.com. However, you will not be able to unsubscribe from certain correspondence from us, such as messages relating to the security of your data or the terms and conditions of Service.

• To track and account for sales generated from the newsletter, allowing us to determine the origin and consumption of the purchasers (the legal basis being our legitimate interest in quality control of the service and traceability of purchases made).
• To maintain the security of the Service, to investigate illegal activities, to enforce our terms and conditions and to assist law enforcement agencies in their investigations (the legal basis being our legitimate interest in ensuring and maintaining the security of the Service and its users).

Factum Balear Mallorca does not use automated decisions, although it may generate basic profiles of users, the legal basis being our legitimate interest for commercial purposes and to provide personalised offers.

Factum Balear Mallorca may also use user information in the form of aggregated and anonymous data to show to third parties. We may also share statistics and demographic information about users and their use of the Service with third parties. But none of this will allow those third parties to identify you personally.

7.3.1.- In e-mails and contact forms

The website has SSL encryption that allows users to send their personal data securely through standard contact forms.

The personal data collected will be subject to automated processing and incorporated into the corresponding files of the activity register and of which the Service is the owner.

In this sense:

• We will receive your IP, which will be used to check the origin of the message in order to provide you with appropriate recommendations (e.g. to present the information in the correct language) and to detect possible irregularities (e.g. possible attempts to cyber-attack the Service), as well as data relating to your ISP.
• You may also provide us with your details by telephone, email and other means of communication as indicated.

7.3.2.- In social networks

Factum Balear Mallorca has profiles in some of the main social networks on the Internet and Factum Balear Mallorca is responsible for the treatment of the data published in them (for example, photos uploaded by Factum Balear Mallorca in which people’s faces appear).

The treatment that Factum Balear Mallorca will carry out with the data within each of the aforementioned networks will be, at most, that which the social network allows to the corporate profiles.

Thus, the Service will be able to inform, when the law does not prohibit it, our followers by any means that the social network allows about its activities, as well as to provide a personalized service to the user.

Under no circumstances do we extract data from social networks, unless we obtain the user’s express consent to do so.

When, due to the nature of social networks, exercising your rights depends on modifying your profile, we will help and advise you to the best of our ability.

7.4.- Retention of data

The following is an indication of how long the data processed by the Service will be kept:

• Disaggregated data will be kept with no deletion period.
• Customer data will be kept for the minimum necessary period of time, which may be up to 5 years:
• 5 years, according to art. 1964 of the Civil Code (personal actions without special time limit).
• 6 years according to Art. 30 of the Commercial Code (e.g. accounting books or invoices).
• Customer data shall be retained until they are deleted. They will also be kept for a period of ten years after the provision of the service in application of the prevention of money laundering regulations.
• Newsletter subscriber data will be retained from the time the user subscribes until the user unsubscribes.
• User data uploaded by Factum Balear Mallorca to its social networks will be kept from the moment the user gives his/her consent, or the data has been uploaded according to Factum Balear Mallorca’s legitimate interest, until he/she withdraws it.

8.- Service providers and others

There are third parties that manage part of the Service.

Factum Balear Mallorca requires them to comply with this Privacy Policy as far as it is applicable to them, as well as having their own. However, Factum Balear Mallorca will not be responsible for their compliance with this policy.

Under some circumstances, Factum Balear Mallorca may share, use or preserve some of the personal information collected with third parties:

• To provide the Service:

Service providers who perform functions on our behalf, such as workshop, payment services, web hosting, business analytics, customer service or marketing. These service providers may collect and have access to information that is necessary for them to perform their functions, but are not permitted to share or use the information for any other purpose.

• To cooperate with law enforcement authorities:

If we believe it is reasonably necessary to satisfy any law, legal process or legitimate interest. In any event, we will only provide information that is strictly required.

9.- Responsibility

To the extent permitted by law, the Service is not responsible for: a) errors or omissions in the contents; b) the lack of availability of the website or; c) the transmission of malware in the contents, despite having taken all reasonable technological measures to prevent it.

10.- Modifications

The Service reserves the right to make any modifications it deems appropriate to its website without prior notice, being able to change, delete or add both the contents and services provided through the same and the way in which they are presented.

On the other hand, these terms and conditions may change at any time. The modifications will come into force from the moment of their publication.

11.- Cookies

Consult our Cookies Policy to find out how we use them.

12.- Security measures

Factum Balear Mallorca adopts all the technical and organisational measures necessary to protect the security and integrity of the personal and non-personal information collected. Both against unauthorized access and against accidental alteration, loss or destruction.

In any case, Factum Balear Mallorca cannot guarantee the absolute security of the information collected, so you must cooperate and use common sense at all times about the information shared.

You understand and acknowledge that, even after deletion, personal and non-personal information may remain visible in cache or if other users have copied or stored it.

13.- Contact us

If you have any questions, please contact us at

E-mail: info@factumbalear.com

Address: calle Balanguera, 12 B, CP 07141, Marratxí, Palma de Mallorca, Balearic Islands, Spain.