1- COSENTINO WE
The Cosentino We programme (hereinafter, “Cosentino We”) is a Recognition and Collaboration programme owned by the company COSENTINO, S.A.U., with Tax Identification Number (Número de Identificación Fiscal, NIF) A-04117297, with registered address for these purposes at Ctra. Baza a Huércal – Overa, Km. 59 – 04850 Cantoria (Almería) and the companies of the Cosentino Group (hereinafter, “COSENTINO”).
The “Cosentino We” programme aims to recognise its best collaborators and customers (hereinafter, “Partners”) by providing members of this programme with a complete range of solutions and tools, aimed at increasing confidence in the COSENTINO brands. “Cosentino We” offers programme members private access on a one-to-one basis to the global network of professionals coordinated by COSENTINO.
“Cosentino We” may be joined by any legal person who, directly or through a company or other entity involved in activities of prescription, promotion, development, installation and/or sale of COSENTINO products, agrees to these terms and conditions and complies with the requirements of this agreement.
Each Partner shall appoint a person who shall be included as a member in the “Cosentino We” programme and shall be the contact person for the purpose of any communication 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 with “Cosentino We”, YOU expressly agree to these terms and conditions.
The Member shall have access at all times to the general conditions governing the “Cosentino We” Programme, 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 that they declare to know.
3- GENERAL INFORMATION
Cosentino reserves the right to make changes to these terms and conditions of “Cosentino We” at any time, safeguarding the rights that the Partners may 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 1st January to 31st December), the level may be readjusted according to compliance with the rules of this programme, in accordance with the requirements set out in section 5, to readjust, 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 notice, automatically terminate the Partner’s participation in “Cosentino We”.
The Partner shall be entitled, at any time, to request from Cosentino the total cancellation of their participation in “Cosentino We”. Said cancellation shall be effective within FIFTEEN (15) days from 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 Sales 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.
The Partner hereby declares that the execution of these Programme terms and conditions does not breach or contravene any applicable regulations or rules and/or its internal Code of Conduct.
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.
4. CONFIDENTIALITY OF INFORMATION
In general terms, both parties undertake not to disseminate, under any circumstances, the technical information, documents, programmes, or any other type of information belonging to the other party, to which they may have had access on account of their participation in the “Cosentino We” programme, in accordance with the terms of this agreement, unless:
(a) the receiving party can demonstrate that they had prior knowledge of the information received;
(b) the information received was or became publicly available without the intervention of the parties;
(c) the receiving party obtains prior written authorisation from the other party for 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 information and documentation prepared or to be prepared, which is delivered or disclosed to both parties in relation to the “Cosentino We” programme shall be confidential, unless expressly specified otherwise. For such purposes, all information relating to the “Cosentino We” programme, of any nature, including but not limited to data, calculations, files, contracts, projects, analyses, processes, etc., in any type of physical or electronic format, either orally or in writing, which 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 from the corresponding Partner, in a Referral List with regard to the transformation, placement and/or prescription of Cosentino Group materials.
(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 “Cosentino We” programme.”
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.
5- 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, and may, at its sole discretion, 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 any remuneration or 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.
6.1.- 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, COSENTINO), with CIF (Código de Identificación Fiscal [Tax Identification Code]) A04117297 with registered address at Ctra. Baza a Huércal – Overa, Km. 59 –04850 Cantoria (Almería).
6.2.- Purpose of the Processing
COSENTINO shall process the information of the USER with the following purposes:
- To manage, administer, provide, expand and improve the services and features of the ‘‘Cosentino We” Platform. The breakdown of the features is contained in these Terms and Conditions.
- To meet the requests from the USER.
- To perform statistical studies allowing for the design of improvements in the services provided and to personalise the information to be shown to the USER.
- To manage the contractual or commercial relationship established between COSENTINO and the USER.
- To provide access to the Points Programme in which the USER may opt for the rewards catalogue designed for this purpose.
- To send information about the different features of the “Cosentino We” 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.
6.3.- 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 countries, including countries where local legislation does not require an adequate security level similar to that set out by the Spanish Data Protection Agency.
- 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 Points Campaign, or any third party that is necessary to meet the request made by the PARTNER.
- The data may be requested by the Ombudsman, Public Prosecutor’s Office, Judges, Courts, or the Spanish Court of Auditors in the exercise of the powers that they have been conferred.
The data may also be sent to those suppliers who provide a service to COSENTINO and who need access to your personal data to do so.
6.4.- Exercise of rights
The PARTNER can exercise their rights of access, correction, cancellation/deletion, objection, limitation, and transfer by emailing our Data Protection Officer at email@example.com, or by post at the address indicated above, identifying themselves as a PARTNER of the “Cosentino We” Platform, attaching a photocopy of their national identity card or its equivalent, and specifying their request.
In addition, should you consider 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).
6.5.- Third-Party Data Provided by the PARTNER
Should the PARTNER provide any personal data of third parties for any purpose, they guarantee that they informed the data subjects in advance and obtained their consent for their data to be communicated to COSENTINO.
The PARTNER guarantees that the data subjects are of legal age and that the information provided is accurate and truthful.
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 PARTNER shall be requested.
In the event of any liability arising from a breach of these conditions by the PARTNER, they shall be liable for the consequences of such breach.
6.6.- Cookies and Tracking Files
The PARTNER may choose to prevent cookies from being installed by selecting the appropriate option in their browser software. However, COSENTINO shall not be liable for the fact that their deactivation prevents the proper functioning of the Platform. Further details about COOKIES are available in our COOKIES POLICY.”
6.7.- Security Measures
COSENTINO has implemented the necessary technical and organisational measures to ensure the security of personal data and to prevent their alteration, loss, unauthorised 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 from human action or from the physical or natural environment.