Terms & Conditions

     1. General information about the web ower

Its company name is: UNDERTOW LANGUAGE SOLUTIONS, SL.

TIN: ES-B01684471

Its registered office is located at: C/ Malats 25, Planta 2‑3, 08030, Barcelona, Spain.

The company is registered in the Commercial Registry of Barcelona, number 40058530, Volume 47,367, Sheet 203, entry 1, Page B‑549864.

Please contact us for further information at the following:

Tel.: +34 605193353

Email: team@undertowlanguages.com

All communication between users and the UNDERTOW LANGUAGE SOLUTIONS, SL using postal mail or any other of the means listed above shall be considered valid for all purposes.

any other of the means listed above shall be considered valid for all purposes.

     2. General terms and conditions

These general terms and conditions regulate the use of the website www.undertowlanguages.com. The owner of which is UNDERTOW LANGUAGE SOLUTIONS, SL, (hereinafter Undertow).

Any person accessing this website will be considered a user and therefore expressly, wholly, and unreservedly accepts each and every one of the general terms and conditions outlined below, which may be modified in the future.

The user expressly commits to the proper use of the contents and services of the Undertow and agrees not to use these for the following purposes, among others:

a) To disseminate criminal, violent, pornographic, racist, xenophobic, offensive content or content supporting terrorism or generally contrary to the law and public order.

b) To introduce computer viruses in the network or take actions susceptible of altering, damaging, interrupting or generating errors or damage to electronic documents and information or physical and logical systems belonging to the UNDERTOW or third parties; this includes impeding access to the website and its services by other users via mass consumption of the computer resources used by the UNDERTOW to provide its services.

c) To attempt to access e-mail accounts of other users or restricted areas of the computer systems of the UNDERTOW or of third parties and, where applicable, extract information.

d) To violate the intellectual or industrial property rights or the confidentiality of the information of the UNDERTOW or of third parties.

e) To rob the identity of another user, public administrations or a third party.

f) To reproduce, copy, distribute, disclose or use any other means of public communication to transform or change the contents, unless provided with authorization of the owner of the corresponding rights or if permitted by law.

g) To collect information for advertising purposes or to send advertising or communications of any kind for commercial purposes without previous request and authorization.

 

All the contents of the website, such as texts, photographs, charts, images, icons, technology, software, the website graphic design and source code are property of the Undertow and no rights of use of the same are yielded to any user beyond those strictly necessary for correct use of the website.

In sum, the users who access the website can view the contents and, when applicable, make private authorized copies provided that the reproduced contents are not disclosed afterwards to third parties, installed in servers, connected to networks or put to use in any way.

Distribution, modification, transfer or public communication of the contents and any other action that has not been authorized by the owner of the operational rights is prohibited.

Under no circumstance shall the presence of a hyperlink imply the existence of any relationship between the Undertow and the owner of the website where it appears, nor the acceptance or approval by the Undertow of its contents or services All persons that propose establishing a hyperlink must previously request authorization in writing from the Undertow. The hyperlink shall only allow access to the home page of our website and shall refrain from providing false, inaccurate or incorrect statements or particulars about the Undertow or include illicit content, contrary to good practices and public order.

Undertow shall not be held liable for the manner in which each user makes use of the materials placed at their disposal on this website nor of any actions taken derived from the same.

​    3. Liability

Users are liable for any damages which Undertow directly or indirectly suffers as a result of the breach of any of the obligations contained in these general terms and conditions or in laws pertaining to website use.

Undertow does not guarantee the availability or continuity of its website operations or its various services. Where possible, Undertow will give users prior warning of any interruptions.

Undertow will not be held liable for any damages that may be caused as a result of the deficiencies in the contents of this website with regard to truthfulness, accuracy, completeness and/or current validity. Undertow is not liable for any type of damages which may derive from the use of the contents by the users or which are due to a lack of truthfulness, currency, comprehensiveness and/or authenticity of the information given to users by other users about themselves, and specifically but not exclusively, for any type of damages which may arise due to the identity theft of a third party carried out by a user in any type of communication made by means of the portal.

Likewise, Undertow declines all responsibility for the information found outside this website and not directly managed by our webmaster. The purpose of the links that appear in this website is exclusively restricted to inform the user of the existence of other sources capable of expanding the contents included in this website. Undertow does not guarantee and shall not be liable for the operation or accessibility of linked websites; neither does it suggest, invite or recommend visiting the same and shall therefore not be held liable for the results of said action. The Undertow shall not be held responsible for the establishment of hyperlinks by third parties.

     4. Privacy Policy

         4.1. Who is responsible for processing your data?


The entity responsible for processing is identified in Section 1 of this Terms and Conditions.

What information we have about you and how we obtain it?

The categories of personal data from clients and suppliers that we process are as follows:

1. Identification data
2. Mail or electronic mail addresses
3. Commercial information
4. Economic and transaction data

         4.2. Do we ever process data that is especially protected?


All the information mentioned above has been obtained either directly from you through a sales offer, contract proposal, etc. or through your company by providing us with the identification data and other information necessary to carry out the object of the contractual relationship between the parties. It is your obligation or that of your company to provide us with updated information if any changes are made.

         4.5. What legitimate basis is there for processing your data?


The legitimate basis is as follows, depending on the type of data processing.

         4.3. What is the purpose of processing your data? 


We process the data provided by the data subjects with the aim of managing a series of activities derived from the specific procedures involved in sales, after-sales services, supplier management, service quality, etc. Thus, we will use your data to carry out one of more of the following:

               I. Send information requested by you in the contact form of our website or any other form of contact with our company.
               II. Provide offers of products and services of interest to current and potential clients.
               III. Carry out administrative, fiscal and accounting management of our clients and/or providers.
               IV. Conduct satisfaction surveys, market studies, etc. with the aim of offering more client-oriented offers and optimal service quality, etc.

         4.4. How long do we store your data?


The personal data of individuals associated with potential clients, clients and suppliers that we gather using various contact and/or information gathering forms is safeguarded until its elimination is requested by the data subject. The information provided by our clients and providers are kept for the duration of the mercantile relationship between the parties and always for the minimum period of time required legally, depending on the nature of the information. 

In any event, we will save your personal data for as long as reasonably necessary, considering our needs to respond to matters that may arise or to solve problems, make improvements, activate our services and meet the requirements of applicable legislation. This means that we may keep your personal data for a reasonable period of time even after you have ceased to use our products or our website. After this period of time, all your personal data will be deleted from our systems.

       

         4.5. What legitimate basis is there for processing your data? 

The legitimate basis is as follows, depending on the type of data processing.

              I. Accounting management: Invoice management with clients and/or providers.

              II. Fiscal management: Application of withholdings, bonuses, etc.

              III. Administrative management: Logistics management, warehouse, deliveries to clients, reception of merchandise, etc.

              IV. Marketing: Marketing actions on products or services intended for our clients or persons who have requested                            relevant information in the past, including conducting satisfaction surveys among our clients.

              V. Maintenance, development, and control of the contractual relationship between the parties.

              VI. Maintenance, development, and control of the contractual relationship between the parties. Compliance with legal                    requirements.

              VII. Maintenance, development, and control of the contractual relationship between the parties.

              VIII. Free and unequivocal consent of the data subject (potential clients); note that the withdrawal of this consent                         shall never condition the execution of a contract in force between the parties; legitimate interest of the company                       in promoting and marketing products and services similar to those obtained or requested by data subjects in the                     past.

​         4.6 Who will be the recipients of your data?


We will not yield you personal data to any third party that may intend to use them for direct marketing actions, unless you explicitly authorize us to do so.

You are hereby informed that we may provide your personal data to public administration bodies and competent authorities if legally required to do so or through good faith when we consider it reasonable to do so to comply with legal proceedings, respond to a claim or legal action or protect the rights of the company or its clients and the general public.

We also inform you that your data will not be yielded or communicated to third parties and that the company is solely responsible for their processing and custody.

We will provide your personal data to third parties (for example, to Internet service providers that assist us in the administration of our website or perform the contracted services, computer support and maintenance companies, logistics companies, fiscal and accounting consultancy and management firms, etc.). These third parties are required to apply the same levels of security to your personal data as we do; in addition, whenever necessary they will be bound by legal commitment to keep your data private and safe and use them solely as instructed specifically by the company.

        4.7 Data transfer to other countries?


Data shall not be transferred to other countries.

         4.8. What rights do you have as the data subject? 


All individuals have the right to obtain confirmation as to whether we are processing their personal data or not.

In specific terms, the data subjects can request the right to access their personal data and receive them in a common format that can be read by a computer if processing is performed by electronic means (right to data portability).

The data subjects can also request the right to rectify inaccurate data or, if applicable, that they be deleted if, among other possible reasons, they are no longer needed for the purposes they were gathered for.

In addition, under certain circumstances, the data subjects may request that processing of their data be restricted or exercise their right to object to processing of their data for reasons associated with their personal circumstances. We will cease to process the data unless required to do so due to overwhelming legitimate circumstances, to place or defend claims or in the event of exceptions established by current legislation.

You have the right to withdraw your consent at any time, which will not affect previous lawful processing based on the consent granted prior to its withdrawal.

In addition, the user may exercise the rights at any time by sending a written request to the contact information included in Section 1 of this Terms and Conditions and attaching a copy of their identification card (TIN).

The user also has the right to present a claim before the Spanish Data Protection Agency, especially if they have not been able to exercise their rights satisfactorily. 

http://www.agpd.es/portalwebAGPD/index-ides-idphp.php

Moreover, in compliance with the provisions set forth in Act 34/2002, dated July 11, on Information Society Services and Electronic Commerce, we agree not to send advertising materials via e-mail unless explicitly authorized by the recipient. The user may refuse to receive advertising materials by checking the corresponding box.

4.9 How do you store, use, share and disclose your site visitors' personal information?

 

Undertow’s website is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. 

As well, Vendor and Client portal are hosted in XTRF.eu regulated by European Union law.

     5. Procedure in the Event of Illicit Activities

Should any user or third party consider that there are events or circumstances that reveal illicit use of any contents and/or any illicit activity in the websites included in or made accessible by the website, they must send a notification to Undertow, properly identify themselves, specify the infringement referred to and explicitly state that the information provided in the notification is accurate, under their own responsibility.

Spanish legislation shall apply in all court proceedings that may involve the website owned by Undertow.

     6. Publications

The administrative information provided through the website does not prevail over legal publication of laws, regulations, plans, general provisions and acts that are formally published in the official journals of government administrations, which are the sole valid instrument to confer their authenticity and contents. The information available in this website must be understood solely as a guide without legal validity.