TERMS AND CONDITIONS

The programme We by Cosentino (hereinafter, “We by Cosentino”), is a Recognition and Collaboration Plan, which is owned by the company COSENTINO, S.A.U., with NIF A-04117297 (hereinafter, “COSENTINO”).

The programme “We by Cosentino” aims to recognise its best collaborators and customers (hereinafter, “Partners”), to which end the members of this programme are provided with a complete range of solutions and tools, aimed at increasing confidence in the Cosentino Group brands. “We by Cosentino” offers members of the programme private access on a one-to-one basis to the global network of professionals coordinated by Cosentino.

  1. Members

“We by Cosentino” may be joined by any legal person that, directly or through a company or other entity, is engaged in activities for the prescription, promotion, development, installation and/or sale of COSENTINO products, is in compliance with these terms and conditions and complies with the requirements of this agreement.

Each Partner shall designate a natural person to be included as a main member in the programme “We by Cosentino” and shall be the contact person for the purposes of any communications to be sent in relation to the programme.

The inclusion of the member in the programme is subject to the acceptance of these terms and conditions, which replace and supersede in their entirety, any previous version thereof. By registering in “We by Cosentino”, it is understood that YOU expressly accept these terms and conditions.

The Member shall have access at all times to the general conditions governing the Programme “We by Cosentino” updated and in force, which can be viewed in their private area at Cosentino, in order to be informed of the Conditions that shall apply to them as Members at any time and which they declare knowledge of.

  1. Running of the program

“We by Cosentino” considers different levels according to the professional segment. This information is provided under “My Benefits” section within this private area.

Once you join the programme, the level is based in the history of the showroom/studio/workshop with Cosentino shall be complied with.

After a calendar year (from 1 January to 31 December), the level can be readjusted according to compliance with the regulations of this programme, to which end the requirements set out in section 5 of this agreement shall be met, to be re-adapted or maintained or to move on to a level with differentiated benefits.

  1. BENEFITS OF THE PROGRAMME

The purpose of the programme is to recognise and/or distinguish the professionals and collaborators of COSENTINO. To that end, joining “We by Cosentino” shall entail the following benefits and obligations:

  1. A) General Benefits.
  2. Access to all the areas of Cosentino Professional’s single user platform, where the professional can find segmented content, information, marketing services and log in to the rewards section.
  3. Access to special offers and exclusive promotional campaigns related to the launch of new products (during the promotional time period), when they comply with the requirements indicated in section number 5.
  4. B) Benefits adapted to each level and/or profile.

According to the level of commitment and the different type of each Partner, they may opt for different benefits. The description of the different levels and benefits can be reviewed in the “My Benefits” section of this Private Area.

B.1 Terms and Conditions regarding the Reward Campaign is found in “My Rewards” section of this Private Area.

  1. COMMITMENT (REQUIREMENTS).

The Cosentino partner recognition programme has a set of priority requirements, which are interconnected with the levels and status of the members that have joined. How We by Cosentino works, is explained under “My Benefits” section in this private area.

The Cosentino partner recognition programme has a first set of priority requirements, which are interconnected with the levels and status of the members that have joined. Secondly, the general requirements of the programme are set out within section 5.2 of this agreement. Said requirements, both specific and general, are mandatory.

  1. GENERAL INFORMATION

Cosentino reserves the right to make changes to these terms and conditions of “We by Cosentino” at any time, safeguarding the rights that the Partners might have acquired.

This agreement shall be valid for ONE (1) YEAR as from the ACCEPTANCE OF THESE TERMS AND CONDITIONS, being renewable for equal time periods, unless expressly terminated by any of the parties at least fifteen (15) days in advance of the end of the initial term.

After a calendar year (from 1 January to 31 December), the level can be readjusted according to the compliance with the regulations of this programme, according to the requirements set out in section 5, to re-adapt, maintain or move on to a level with differentiated benefits and rewards.

In the event that the Customer, at any time, fails to comply with any of the aforementioned requirements, Cosentino may, unilaterally and without prior notification, automatically terminate the Partner’s participation in “We by Cosentino”.

The Partner shall be entitled, at any time, to request from Cosentino the total cancellation of their participation in “We by Cosentino”. The said cancellation shall be effective within FIFTEEN (15) days from the receipt of the respective request by Cosentino.

The obligations undertaken by Cosentino in relation to this programme are subject to timely delivery by the Customer of the data required by the Commercial Department of COSENTINO and the acceptance by the Customer of the Conditions of the Programme.

These terms and conditions shall be governed by Spanish laws and regulations and shall comply with and be executed in accordance with such laws and regulations.

By accepting the terms and conditions of the Program, the Partner represents that it does not breach or contravene any local law or regulation and/or it Conduct Code.

On any matters arising in the interpretation and application of these terms and conditions the parties expressly submit to the jurisdiction of the courts and tribunals of Almería.

  1. CONFIDENTIALITY OF INFORMATION

In general terms, both parties undertake not to disseminate, under any circumstances, the technical information, documents, programs, or any other type of information belonging to the other party, to which they might have had access on account of their participation in the programme “We by Cosentino”, in accordance with the terms of this agreement, unless:

(a) the receiving party can demonstrate that it knew previously the information received;
(b) the information received was or came to be in the public domain without the intervention of the parties;
(c) the receiving party obtains prior written authorisation from the other party for its disclosure;
(d) the information is legally or judicially required; or
(e) the information was developed independently by the receiving party, without the use of confidential information belonging to the other party.

In particular, all of the information and documentation prepared or that was to be prepared, which is delivered or made known to both parties in relation to the programme “We by Cosentino” shall be confidential unless expressly specified otherwise. For such purposes, all of the information related to the programme “We by Cosentino”, of any nature, including but not limited to data, calculations, files, contracts, projects, analysis, processes, etc., in any type of physical or electronic support, provided orally or in writing, that is provided by the parties shall be deemed to be “Confidential Information”.

Notwithstanding the foregoing, the Partner agrees that COSENTINO may disseminate the aforementioned data, reports, results and conclusions only:

(a) for their inclusion, with prior authorisation of the corresponding Partner, in a Referral List with regard to the transformation, placement and/or prescription of Cosentino Group materials. The list shall be available on the private platform.
(b) so that they can be viewed through multiple channels and/or tools of the projects carried out by the Cosentino Partners belonging to the programme “We by Cosentino”.

The obligation of confidentiality shall be extended for five (5) years from the termination of this agreement.

Under no circumstances shall the Partner disclose to COSENTINO confidential information of third parties.

  1. INTELLECTUAL PROPERTY

The Partner, through the delivery of images related to the projects they have carried out, guarantees to COSENTINO, S.A. that they are their author or that they have a license for it. By sending the images the Partner expressly authorises COSENTINO, S.A. to manipulate them, being able at its sole discretion to use and publish their commercial name, as well as the image or images they have provided, brands and logos, in any promotional advertising and dissemination activity, without this use conferring the right to remuneration or any benefit on the part of COSENTINO, S.A.

Consequently, the Partner grants a licence to COSENTINO, S.A. on the intellectual property rights of the reproduction image(s), public communication (including its modality to make it available to the public), distribution and transformation, in its non-exclusive modality, worldwide and for the maximum period allowed by law so that COSENTINO, S.A. may use the said images for any public-promotional activity through any medium (paper, numeric, magnetic, tissue, plastic, etc.) and integrated to any other material (photography, drawing, illustration, painting, video, animations, etc.) known and to be known.

In the same way, in the event that the contents sent that involve intellectual and/or industrial property rights of third parties, the participant grants a licence to COSENTINO, S.A. for use of said brands, designs and/or commercial names with the purpose described in the preceding paragraphs.

For its part, the participant guarantees that it has the necessary permits to grant this licence and that the contents or images provided do not entail any infringement of the legislation in force in the matter, nor the violation of the rights of third parties. The participant shall indemnify and hold COSENTINO, S.A. harmless against any damage or expense incurred on account of any claims that might be filed for such reason.

  1. PRIVACY POLICY

1.- Identity of the Data Controller

The information provided by the USER on any of the forms on the WEBSITE shall be included in one or various files under the responsibility of COSENTINO, S.A. (hereinafter, THE COMPANY), with CIF (Código de Identificación Fiscal [Tax Identification Code]) A04117297 with registered address at Ctra. Baza a Huércal – Overa, Km. 59 – 04860 Cantoria (Almería).

2.- Purpose of the Processing.

COSENTINO shall process the information of the USER with the following purposes: Managing, administering, providing, expanding and improving the services and features of the Platform ‘‘We by Cosentino”. The breakdown of the features is contained in these Terms and Conditions.

Meeting the requests of the USER.

  • Performing statistical studies allowing for the design of improvements in the services provided and customizing the information to be shown to the USER.
  • Managing the contractual or commercial relationship established between COSENTINO and the USER.
  • Providing access to the Rewards Program in which the USER may opt for the rewards catalogue designed to that end.
  • Sending information about the different features of the “Web by Cosentino” Platform, as well as promotional communications such as attendance at special events and promotions. The User may object at any time to receiving this type of communication through their private area (Profile) or in every communication they receive.

The legal basis legitimising the processing of their data is the existing contractual relationship between both parties, as well as the consent given when registering as a USER of the Platform and accepting these Terms and Conditions and the Legitimate Interest of COSENTINO for marketing addressed to the USER purposes.

The data shall be processed while their User remains active on the Platform and subsequently during the time necessary to meet possible legal responsibilities.

3.- Recipients of the Information

We inform that your information shall not be sent to third-parties, except when:

  • The assignment is authorised by law.
  • One of the companies in the COSENTINO GROUP (https://www.cosentino.com/people/around-the-world) is the recipient of such assignment, when it is necessary for the correct development of the relationship maintained with you, or, because you have asked us for a specific product or service, and for legitimate interest, for corporate reasons. Some companies from the COSENTINO GROUP may be located in third-party countries, including countries where local legislation does not require an adequate security level similar to that set out by the Data Protection Agency of Spain.
  • Processing responds to the free and legitimate acceptance of a legal relationship whose development, compliance and control necessarily implies the connection of said processing with third-party files, such as, for example, courier companies for the delivery of the requested samples, the company that shall manage the Rewards Campaign, or any third party that is necessary to meet the request made by the USER.
  • Data may be requested by the Ombudsman, Public Prosecution Service, Judges, Courts, or Spanish Court of Auditors in the exercise of the powers they have been conferred.
  • Likewise, they may be communicated to those suppliers that provide a service to COSENTINO and who need access to your personal data to do so.

4.- Exercise of rights

The USER can exercise their rights of access, correction, cancellation/deletion, objection, limitation, and portability by emailing our Data Protection Officer at gdpr@cosentino.com, or by post at the address indicated above, identifying themselves as a USER of the “We by Cosentino” Platform, attaching a photocopy of their national identity card or its equivalent, and specifying their request.

In addition, should you deem that your right to the protection of your personal data has been violated, you may file a complaint with the Spanish Data Protection Agency (www.agpd.es).

5.- Third-Party Data Provided by the USER

Should the USER provide any personal data of third-parties for any purpose, they guarantee that they informed the data subjects in advance and obtained their consent to their data being communicated to COSENTINO.

THE USER guarantees that the data subjects are of legal age and that the information provided is accurate and faithful.

COSENTINO shall verify the consent of the said data subjects through an initial non-business related email in which the verification of the consent granted on their behalf by the USER shall be requested.

In the event of any liability arising from a breach of these conditions by the USER, the same shall answer for the consequences of the said breach.

9.- COOKIES AND TRACKING FILES

The USER accepts the use of cookies and tracking files of IP addresses whose use allows COSENTINO to collect data for statistical purposes such as: date of the first visit, number of times visited, date of the last visit, URL and domain it originates from, the browser used; and screen resolution.

The USER has the option to prevent cookies being installed, by selecting the corresponding option in their browser program. However, COSENTINO shall not be liable for the fact that their deactivation prevents the proper functioning of the Platform. Further details on the COOKIES are available on our COOKIES POLICY.

  1. SECURITY MEASURES

COSENTINO has implemented the necessary technical and organisational measures to ensure the security of personal data and to prevent their alteration, loss, non-authorised access or processing of the said data, taking into account the state of the art, the nature of the data stored and the risks they are exposed to, whether they originate from human action or from the physical or natural environment.