Legal warning

1. GENERAL INFORMATION

In compliance with the duty of information provided in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information about this website is provided below:

The ownership of this website, https://www.midimal.shop, (hereinafter, Website) is held by: HAUS OF WOREVA SL, with NIF: B67333039 and registered in: Barcelona Mercantile Registry with the following registration details: Volume 46654 Folio 33, Sheet B 526763 and whose contact details are:

The ownership of this website, https://www.midimal.shop, (hereinafter, Website) is held by: Victor Salmerón Fernandez, with NIF ES47160353A.

All items for sale on this Website are marketed through: HAUS OF WOREVA SL, with NIF: B67333039 and registered in: Barcelona Mercantile Registry with the following registration details: Volume 46654 Folio 33, Sheet B 526763 and whose contact details are:

Address:

Angel Guimera, 235
08223 Terrassa, Barcelona
Contact telephone number: 936 94 05 06
Contact email: hola@midimal.es

2. GENERAL TERMS AND CONDITIONS OF USE

The purpose of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both static and dynamic, i.e., the navigation tree; and all elements integrated into both the screen interfaces and the navigation tree (hereinafter, Contents) and all online services or resources that it may offer to Users (hereinafter, Services).

Midimal reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services incorporated therein. The User acknowledges and accepts that Midimal may interrupt, deactivate, and/or cancel any of these elements integrated into the Website or access to them at any time.

Access to the Website by the User is free and, as a general rule, free of charge. The User does not have to provide any compensation to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

The use of any of the Content or Services of the Website may be done through prior subscription or registration by the User.

The User

Access, browsing, and use of the Website, as well as the spaces enabled for interaction between Users, and the User and Midimal, such as comments and/or blogging spaces, confers the status of User. Therefore, Users accept, from the moment they begin browsing the Website, all the Conditions established herein, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations, as applicable. Given the relevance of the foregoing, Users are advised to read them each time they visit the Website.

The Midimal Website provides a wide variety of information, services, and data. Users are responsible for proper use of the Website. This responsibility extends to:

• Any use of the information, Content and/or Services and data offered by Midimal that is not contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may imply infringement of the rights of third parties or the operation of the Website itself.

• The veracity and legality of the information provided by the User in the forms provided by Midimal to access certain Content or Services offered by the Website. In any case, the User must immediately notify Midimal of any event that may lead to the improper use of the information entered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, so that they can be immediately cancelled.

Midimal reserves the right to remove any comments and contributions that violate the law, respect for human dignity, are discriminatory, xenophobic, racist, pornographic, spammy, threaten youth or children, public order or safety, or that, in its judgment, are not suitable for publication.

In any case, Midimal will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.

Mere access to this Website does not establish any type of commercial relationship between Midimal and the User.

The User declares that he or she is of legal age and has sufficient legal capacity to be bound by these Terms and Conditions. Therefore, this Midimal Website is not intended for minors. Midimal declines any liability for failure to comply with this requirement.

3. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

Midimal does not guarantee the continuity, availability, or usefulness of the Website, nor of the Content or Services. Midimal will do everything possible to ensure the proper functioning of the Website; however, it is not responsible for, nor does it guarantee, that access to this Website will be uninterrupted or error-free.

Neither does Midimal assume any responsibility nor guarantee that the content or software accessible through this Website is error-free or will cause damage to the User's computer system (software and hardware). Under no circumstances will Midimal be liable for any loss, damage, or harm of any kind arising from access to, browsing in, or use of the Website, including, but not limited to, damage to computer systems or caused by the introduction of viruses.

Midimal is also not responsible for any damages that may be caused to users due to improper use of this Website. In particular, it is not liable in any way for any telecommunications outages, interruptions, failures, or defects that may occur.

4. PRIVACY AND DATA PROTECTION POLICY

In compliance with current legislation, Midimal undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws that this privacy policy incorporates

This privacy policy complies with current Spanish and European regulations regarding the protection of personal data online. Specifically, it complies with the following standards:

• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
• Organic Law 3/2018, of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights.
• Royal Decree 1720/2007, of December 21, approving the Regulation implementing Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
• Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the person responsible for the processing of personal data

The data controller for the personal data collected by Midimal is: HAUS OF WOREVA SL, with Tax Identification Number (NIF): B67333039 and registered in the Barcelona Mercantile Registry with the following registration details: Volume 46654, Page 33, Sheet B 526763 (hereinafter also referred to as the Data Controller). Its contact details are as follows:

Address:

Angel Guimera, 235
08223 Terrassa, Barcelona
Contact telephone number: 936 94 05 06
Contact email: hola@midimal.es

Personal Data Registry

The personal data collected by Midimal, through the forms on its pages, will be entered into an automated file under the responsibility of the Data Controller, and duly declared and registered in the General Registry of the Data Protection Agency, which can be consulted on the website of the Spanish Data Protection Agency (http://www.agpd.es), in order to facilitate, expedite and fulfill the commitments established between Midimal and the User or the maintenance of the relationship established in the forms that the User completes, or to respond to a request or query from the User.

Principles applicable to the processing of personal data

The processing of the User's personal data will be subject to the following principles set out in Article 5 of the GDPR:

• Principle of legality, loyalty, and transparency: the User's consent will always be required after fully transparent information about the purposes for which personal data is collected.
• Principle of purpose limitation: personal data will be collected for specific, explicit, and legitimate purposes.
• Data minimization principle: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
• Principle of accuracy: Personal data must be accurate and always up to date.
• Principle of limitation of retention period: Personal data will only be kept in a form that allows the identification of the User for the time necessary for the purposes of its processing.
• Principle of integrity and confidentiality: Personal data will be treated in a manner that guarantees its security and confidentiality.
• Principle of proactive accountability: The Data Controller shall be responsible for ensuring that the above principles are met.

Categories of personal data

The categories of data processed by Midimal are solely identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Midimal undertakes to obtain the User's express and verifiable consent for the processing of their personal data for one or more specific purposes.

The User has the right to withdraw their consent at any time. Withdrawing consent is as easy as giving it. As a general rule, withdrawing consent will not affect use of the Website.

Whenever the User must or may provide their data through forms to make inquiries, request information, or for reasons related to the content of the Website, they will be informed if completion of any of these forms is mandatory because they are essential for the proper development of the transaction.

Purposes of the processing to which the personal data are destined

Personal data is collected and managed by Midimal for the purpose of facilitating, streamlining, and fulfilling the commitments established between the Website and the User, or maintaining the relationship established in the forms the User completes, or to respond to a request or query.

Likewise, the data may be used for commercial purposes, including personalization, operational and statistical purposes, and for activities related to Midimal's corporate purpose. This may also be used for data extraction, storage, and marketing studies to tailor the content offered to the user and improve the quality, operation, and navigation of the website.

At the time personal data is collected, the User will be informed of the specific purpose(s) for which the personal data will be processed; that is, the use(s) to which the information collected will be put.

Retention periods for personal data

Personal data will only be retained for the minimum period necessary for the purposes of its processing and, in any case, only for the following period: 2 years, or until the User requests its deletion.

At the time personal data is obtained, the User will be informed of the period for which the personal data will be retained or, if this is not possible, the criteria used to determine this period.

Recipients of personal data

The User's personal data will be shared with the following recipients or categories of recipients:

• Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland.
• PayPal (Europe) S.à.rl & Cie. SCA, 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
• Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland.
• Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
• Shopify International Ltd., 3rd Floor, Europa House, Harcourt Building, Harcourt Street, Dublin 2, Ireland
• Zoho Corporation Pvt. Ltd. Churchilllaan 11 (17th Floor), 3527 GV Utrecht, Netherlands

If the Data Controller intends to transfer personal data to a third country or international organization, at the time the personal data is obtained, the User will be informed of the third country or international organization to which the data is intended to be transferred, as well as of the existence or absence of an adequacy decision by the Commission.

Personal data of minors

In compliance with Articles 8 of the GDPR and 13 of the RDLOPD, only those over 14 years of age may give their consent for Midimal to lawfully process their personal data. If the data subject is under 14 years of age, the consent of their parents or guardians will be required for processing, and processing will only be considered lawful to the extent authorized by them.

Secrecy and security of personal data

Midimal undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of personal data and prevent the accidental or unlawful destruction, loss, alteration, or unauthorized communication of or access to personal data transmitted, stored, or otherwise processed.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as data transmission between the server and the User, and in feedback, is fully encrypted.

However, since Midimal cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay in the event of a personal data breach that is likely to entail a high risk to the rights and freedoms of natural persons. Pursuant to Article 4 of the GDPR, a personal data breach is understood to mean any breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of or access to personal data transmitted, stored, or otherwise processed.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and guarantee, through a legal or contractual obligation, that such confidentiality is respected by its employees, partners, and any person to whom the information is made accessible.

Rights arising from the processing of personal data

The User has the following rights recognized in the GDPR over Midimal and may therefore exercise them against the Data Controller:

• Right of access : This is the User's right to obtain confirmation as to whether or not Midimal is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Midimal has carried out or is carrying out, as well as, among other things, information available about the origin of said data and the recipients of any communications made or planned for them.
• Right to rectification : This is the User's right to have their personal data modified if it is inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure ("the right to be forgotten") : This is the User's right, unless otherwise provided by current legislation, to obtain the erasure of their personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis for this; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data have been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to erasing the data, the Data Controller, taking into account available technology and the cost of its implementation, must take reasonable measures to inform the controllers processing the personal data of the interested party's request to erase any links to those personal data.
• Right to restriction of processing : This is the User's right to restrict the processing of their personal data. Users have the right to obtain restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make legal claims; and when the User has objected to the processing.
• Right to data portability : Where processing is carried out by automated means, the User shall have the right to receive their personal data from the Data Controller in a structured, commonly used, and machine-readable format and to transmit them to another data controller. Whenever technically feasible, the Data Controller shall transmit the data directly to that other controller.
• Right to object : This is the User's right to prevent the processing of their personal data or to stop the processing of their data by Midimal.
• Right not to be subject to a decision based solely on automated processing , including profiling : This is the User's right not to be subject to an individualized decision based solely on automated processing of their personal data, including profiling, unless otherwise provided by current legislation.

Therefore, the User may exercise their rights by means of written communication addressed to the Data Controller with the reference "RGPD-https://www.midimal.shop", specifying:

• User's name, surname, and copy of ID. In cases where representation is permitted, identification by the same means will also be required for the person representing the User, as well as the document proving the representation. The photocopy of the ID may be replaced by any other legally valid means that proves identity.
• Request with the specific reasons for the request or information to which you wish to access.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document that supports the request you make.

This application and any other attached documents may be sent to the following address and/or email address:

Postal address:

Angel Guimera, 235
08223 Terrassa, Barcelona
Contact email: hola@midimal.es

Links to third-party websites

The Website may include hyperlinks or links that allow access to websites of third parties other than Midimal, and therefore not operated by Midimal. The owners of these websites will have their own data protection policies, and they are, in each case, responsible for their own data files and privacy practices.

Complaints to the supervisory authority

If the User believes there is a problem or a violation of current regulations in the way their personal data is being processed, they will have the right to effective judicial protection and to file a complaint with a supervisory authority, particularly in the state where they have their habitual residence, place of work, or where the alleged violation occurred. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes to this privacy policy

The User must have read and agreed to the terms and conditions regarding the protection of personal data contained in this Privacy Policy, and must accept the processing of their personal data so that the Data Controller can process it in the manner, during the timeframe, and for the purposes indicated. Use of the Website implies acceptance of its Privacy Policy.

Midimal reserves the right to modify its Privacy Policy, at its sole discretion, or in response to legislative, jurisprudential, or doctrinal changes from the Spanish Data Protection Agency. Users will be explicitly notified of any changes or updates to this Privacy Policy.

This Privacy Policy was updated on October 22, 2019 to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

5. COOKIE POLICY

Access to this Website may involve the use of cookies. Cookies are small amounts of information stored in the browser used by each User—on the various devices they may use to browse—so that the server remembers certain information that will later be read only by the server that implemented it. Cookies facilitate browsing, make it more user-friendly, and do not harm the browsing device.

Cookies are automatic procedures for collecting information related to the preferences determined by the User during their visit to the Website in order to recognize them as a User and personalize their experience and use of the Website. They may also, for example, help identify and resolve errors.

The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website, and the sites visited just before and after the visit. However, no cookie allows the same cookie to contact the User's phone number or any other means of personal contact. No cookie can extract information from the User's hard drive or steal personal information. The only way for the User's private information to become part of the Cookie file is if the User personally provides that information to the server.

Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this regard, the User's consent will be required for their use. This consent will be communicated, based on an authentic choice, offered through an affirmative and positive decision, prior to initial processing, removable, and documented.

Own cookies

These cookies are sent to the User's computer or device and managed exclusively by Midimal to ensure the Website functions optimally. The information collected is used to improve the quality of the Website and its content, as well as the User's experience. These cookies allow the User to be recognized as a repeat visitor to the Website and adapt the content to offer content tailored to their preferences.

Third-party cookies

These are cookies used and managed by third-party entities that provide Midimal with services requested by the latter to improve the Website and the user experience when browsing the Website. The main purposes for which third-party cookies are used are to obtain access statistics and analyze browsing information, that is, how the User interacts with the Website.

The information obtained refers to, for example, the number of pages visited, the language, the location from which the User accesses the IP address, the number of Users accessing the website, the frequency and repeat visits, the duration of the visit, the browser used, the operator, or the type of device used to visit. This information is used to improve the Website and identify new needs in order to offer Users optimal Content and/or service. In all cases, the information is collected anonymously, and Website trend reports are prepared without identifying individual users.

You can obtain more information about cookies, privacy information, or consult the description of the type of cookies used, their main characteristics, expiration period, etc. in the following link(s):

The entity(ies) responsible for supplying cookies may transfer this information to third parties, provided that this is required by law or a third party is processing this information for said entities.

Social media cookies

Midimal incorporates social media plugins, which allow access to these networks from the Website. For this reason, social media cookies may be stored in the User's browser. The owners of these social networks have their own data protection and cookie policies, and are, in each case, responsible for their own files and privacy practices. The User should refer to them to learn about these cookies and, where applicable, the processing of their personal data. For informational purposes only, the links where these privacy and/or cookie policies can be consulted are provided below:

• Facebook: https://www.facebook.com/policies/cookies/
• Twitter: https://twitter.com/es/privacy
• Instagram: https://help.instagram.com/1896641480634370?ref=ig
• Youtube: https://policies.google.com/privacy?hl=es-419&gl=mx
• Google+: https://policies.google.com/technologies/cookies?hl=es
• Pinterest: https://policy.pinterest.com/es/privacy-policy
• LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies

Disable, reject and delete cookies

The User may disable, reject, and delete cookies—in whole or in part—installed on their device through their browser settings (which include, for example, Chrome, Firefox, Safari, and Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Therefore, the User should refer to the instructions provided by the Internet browser they are using. If they reject the use of cookies—in whole or in part—they may continue to use the Website, although their use of some of its features may be limited.

Changes to the Cookie Policy

The Website's Cookie Policy may change or be updated, so it is recommended that the User review this policy each time they access the Website in order to be adequately informed about how and why we use cookies.

6. LINKS POLICY

Users are hereby informed that the Midimal Website provides or may provide users with linking media (such as, but not limited to, links, banners, buttons), directories, and search engines that allow users to access websites belonging to and/or managed by third parties.

The installation of these links, directories, and search engines on the Website is intended to facilitate Users' search for and access to information available on the Internet, and cannot be considered a suggestion, recommendation, or invitation to visit them.

Midimal does not offer or market, either itself or through third parties, the products and/or services available on such linked sites.

Likewise, it does not guarantee the technical availability, accuracy, truthfulness, validity, or legality of sites not owned by it that may be accessed through the links.

Midimal does not, under any circumstances, review or control the content of other websites, nor does it approve, examine, or endorse the products and services, content, files, and any other material found on such linked sites.

Midimal assumes no liability for any damages that may arise from access to, use of, the quality or legality of the content, communications, opinions, products and services of websites not managed by Midimal and linked to this Website.

The User or third party who creates a hyperlink from a web page of another, different, website to the Midimal Website must know that:

Reproduction—in whole or in part—of any of the Content and/or Services of the Website is prohibited without the express authorization of Midimal.

Any false, inaccurate or incorrect statements about the Midimal Website, or its Contents and/or Services, are also prohibited.

With the exception of the hyperlink, the website on which said hyperlink is established will not contain any element of this Website protected as intellectual property by Spanish law, unless expressly authorized by Midimal.

The establishment of a hyperlink does not imply the existence of any relationship between Midimal and the owner of the website from which it is created, nor does it imply Midimal's knowledge and acceptance of the content, services and/or activities offered on said website, and vice versa.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

Midimal, either itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as of the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). Consequently, these works are protected as intellectual property by Spanish law, and both Spanish and European regulations in this field, as well as international treaties relating to the subject matter signed by Spain, are applicable to them.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution, and public communication, including making available, of all or part of the contents of this website for commercial purposes, on any medium and by any technical means, without the authorization of Midimal, is expressly prohibited.

The User agrees to respect Midimal's intellectual and industrial property rights. Users may view the elements of the Website or even print, copy, and store them on their computer's hard drive or any other physical medium, provided that this is done exclusively for their personal use. However, the User may not delete, alter, or manipulate any protective device or security system installed on the Website.

If the User or a third party believes that any of the Website Content constitutes a violation of intellectual property rights, they must immediately notify Midimal using the contact information in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

8. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

Midimal reserves the right to take any civil or criminal action it deems necessary for improper use of the Website and Content, or for non-compliance with these Terms.

The relationship between the User and Midimal shall be governed by the regulations in force and applicable in Spain. Should any dispute arise regarding the interpretation and/or application of these Terms and Conditions, the parties shall submit their disputes to ordinary jurisdiction, submitting to the appropriate courts and tribunals.

Last modified: November 24, 2022