Terms and Conditions

Terms and Conditions

1. OWNERSHIP OF THE TOUS WEAR APP:

In compliance with Law 34/2002, Information Society Services and E-Commerce (LSSICE) [Servicios de la Sociedad de La Información y del Comercio Electrónico], we inform you that ownership of the Tous Wear app belongs to TOUS WATCHES, S.L., Av Diagonal 463 B 1, 08036, Barcelona, a legally incorporated company in Spain, with TIN No. B64836752 and registered with the Trade Registry of Barcelona.

Tous Watches, S.L, TIN No. B64836752, at Av Diagonal 463 bis, 6ª planta, 08036 Barcelona (hereinafter TOUS WATCHES or the Entity) will be responsible for processing the data. For proper management in processing your personal data, TOUS WATCHES has appointed a Data Protection Director you can contact to resolve any questions you may have. They may be contacted via email at lopd@grupocadarso.com. You can contact TOUS WATCHES via email at clientes@grupocadarso.com or by telephone at 900 802 803, for any questions.

2. THE APPLICATION’S PURPOSE AND SCOPE:

The purpose of these General Terms and Conditions of Contract and Use is to regulate the provision of information provided on the Tous Wear app. Browsing with the app implies that, as a user, you accept, without any reservations, each of these General Terms and Conditions of Contract and Use. TOUS WATCHES may modify the app without prior notice, to make any changes or modifications it deems necessary for the app’s proper functioning.

3. INFORMATION PROVIDED IN THE APP:

We have made every effort to ensure that information contained in the app is truthful and free of typographical errors.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY:

All content published in the app, especially the design, texts, graphics, logos, icons, buttons, as well as software, trade names, brands or industrial drawings, and any other trademarks for industrial and commercial use, are subject to the intellectual and industrial property laws of TOUS WATCHES, or third-party owners that have duly authorized their inclusion in the app.

In no case will it be understood that any license is granted, waiver or transmission executed, or full or partial assignment of these rights. Nor any right or expectation of right conferred, in particular, alteration, exploitation, reproduction, distribution or public communication about said contents without prior express authorization from TOUS WATCHES, or corresponding owners.

Therefore, use of TOUS WATCHES’ Tous Wear app for public or commercial purposes is strictly prohibited, so that exploiting, reproducing, distributing, modifying, communicating publicly, assigning, transforming or using the app’s content will not be possible. Introducing hyperlinks to our app for commercial purposes on app sites not affiliated with TOUS WATCHES is expressly forbidden. In all cases, hyperlinks on app sites not affiliated with us will not imply the existence of commercial or trade relations with the owner of the app site where the hyperlink is established, nor acceptance of its content or services on the part of TOUS WATCHES.

5. RESPONSIBILITY OF TOUS WATCHES:

Access to the app will be voluntary, therefore the user is responsible for any direct or indirect effect that use of the app causes, including but not limited to, any adverse financial, technical and/or legal results, as well as fraud in the expectations generated by our app, the user agreeing to hold TOUS WATCHES harmless for any claims arising, directly or indirectly, from such events. TOUS WATCHES is not responsible for any damages to users’ devices and computer equipment which may arise from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in this electronic system’s operational functioning due to causes beyond the control of TOUS WATCHES, and which impede or delay the app’s provision of service or browsing; nor delays or blockages in its use caused by Internet failure or overload, or other electronic systems; nor for the impossibility of providing service or access for causes not attributable to TOUS WATCHES app, due to the user, third parties or in cases of force majeure. In general, TOUS WATCHES does not control the manner in which users make use of its app.

Specifically, TOUS WATCHES is not liable for users utilizing the app contrary to law, these General Terms, morals and generally accepted customs and public order, not even if they do so diligently and prudently.

6. CUSTOMER AND USER OBLIGATIONS:

In general terms, the user agrees to comply with these general conditions, as well as the special notices or instructions for use contained in them, always acting in accordance with the law, good customs and the good faith required, employing due diligence and refraining from using the app in any way that may prevent, damage or impair its normal functioning, the property or rights of TOUS WATCHES, its providers, the rest of the users or any third party, in general. The Tous Wear app user agrees:

1. To provide truthful information about the data requested on the user registration form.

2. Not to introduce, store or disseminate any information, on or from the app, that is defamatory, libelous, obscene, threatening, or xenophobic, or incites violence on the grounds of race, gender, ideology, religion, or that in any way violates the morals, public order, fundamental rights, public freedoms, honor, privacy or image of third parties, and current regulations in general.

3. Not to introduce, store or disseminate data, virus or code by means of any program page, or any other electronic or physical device, that is likely to cause damage to the app, any of its services, to any of TOUS WATCHES’ equipment, systems or networks, any other user, TOUS WATCHES’ providers or any third party in general.

4. Not to carry out advertising or business development activities by means of the app; not to use the contents and information thereof to send advertising or messages for any other commercial purpose; or collect and store the personal data of third parties.

5. Not to use false identities or substitute the identity of another in using the app.

6. Not to destroy, alter, use, disable or damage the data, information, programs or electronic documents that TOUS WATHCES, its providers or third parties use.

7. Not to introduce, store or disseminate, by means of the app, any content that infringes on intellectual or industrial property, business secrets or, in general, any content that, in accordance with the law, does not have the right to be made available to third parties

Privacy and Data Protection Policy

Information

The information received by TOUS WATCHES via this app site will be treated with the utmost reserve and confidentiality in accordance with current regulations. TOUS WATCHES informs the user that the personal data that may be provided by means of this app site will be processed under the responsibility of TOUS WATCHES for the purpose of managing the services provided through this Internet portal. TOUS WATCHES may use the identification and contact information of users to keep them informed about the activities, products and services of TOUS WATCHES, as well as other Grupo Cadarso companies or entities related to said group of companies which could be of interest to them. This information may also be used for commercial or financial purposes, personalization, operational and statistical purposes, and activities belonging to its corporate purpose. TOUS WATCHES being expressly authorizing to extract and store data and marketing studies for the purpose of adapting its offers to the particular user’s profile. By providing your information through the forms included in the app, you are giving your consent to process it pursuant to the conditions set forth in the informative clause.

Data Retention

The information provided will be kept as long as you do not ask that the activity cease, in other words the commercial relationship is maintained, during the years necessary to comply with legal obligations or until it is no longer necessary or relevant for the purpose for which it was collected or registered.

Recipients

Data will not be transferred to third parties except in cases in which there is a legal obligation, even though it is shared with other Grupo Cadarso watch distribution companies, a group to which TOUS WATCHES belongs.

Access, Rectification, Objection and Cancellation Rights

You can request access to your personal data at any time, as well as its rectification, objection and cancellation. To do this, you should contact TOUS WATCHES by mail at Avda. Diagonal, 463 bis, 1ª planta, 08036 Barcelona, or via our contact page.

Security in the Handling, Computer Processing and Safekeeping of Data

TOUS WATCHES declares and guarantees that it maintains personal data protection security levels in accordance with current legislation. To this end, it has established a Personal Data Protection Management System in order for everyone to determine and implement the technical and organizational means available to them to avoid loss, misuse, alteration, unauthorized access and theft of data provided by users, notwithstanding that reporting security means on the Internet is not infallible.

You have the right to withdraw any consent you have given at any time, without it affecting the lawfulness of handling based on consent prior to its withdrawal. You can exercise the rights described above by emailing lopd@grupocadarso.com. Finally, you can submit a claim to the Spanish Data Protection Agency (Agencia Española de Protección de Datos), especially when you have not been satisfied in exercising your rights. You can contact them via their website at www.agpd.es.