Privacy Policy
Protection of personal data according to the LOPD
Kimbo Smart S.L, hereinafter Kimbo, in compliance with current regulations on the protection of personal data, informs that the personal data collected through the forms on the Website: ‘www.Kimbosmart.com’ are included in the specific automated files for users of Kimbo’s services.
The automated collection and processing of personal data are aimed at maintaining the commercial relationship and performing tasks related to information, training, consulting, and other activities typical of Kimbo. These data will only be transferred to entities that are necessary for the sole purpose of fulfilling the previously stated objective.
Kimbo takes the necessary measures to guarantee the security, integrity, and confidentiality of the data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and the free movement of such data.
The user may at any time exercise their rights of access, opposition, rectification, and cancellation recognized in the aforementioned Regulation (EU). The exercise of these rights can be done by the user themselves via email to: ‘info@Kimbosmart.com’ or at the address: Calle Virgen del Águila Nº8 Bajo 41011 Sevilla.
The user affirms that all the data provided by them is true and accurate and agrees to keep it updated by notifying Kimbo of any changes.
Purpose of Processing Personal Data
What purpose will we process your personal data for?
At Kimbo, we will process your personal data collected through the Website: ‘www.Kimbosmart.com’, for the following purposes:
- If contracting the goods and services offered by Kimbo, to maintain the contractual relationship, as well as the management, administration, information, provision, and improvement of the service.
- Sending information requested through the forms available on Kimbo.
- Sending newsletters and commercial communications regarding promotions and/or advertising from Kimbo and the sector.
We remind you that you can oppose the sending of commercial communications at any time and through any channel by sending an email to the address provided above. The fields of these records are mandatory, and failure to provide them will make it impossible to fulfill the expressed purposes.
How long will we keep your personal data?
The personal data provided will be kept as long as the commercial relationship is maintained or until you request its deletion, and for the period during which legal responsibilities may arise from the services provided.
Legitimization
The processing of your data is carried out on the following legal bases that legitimize it:
- The request for information and/or the contracting of Kimbo’s services, whose terms and conditions will always be made available to you prior to any potential contracting.
- The free, specific, informed, and unequivocal consent, as we inform you by making this privacy policy available to you, which you can accept through a declaration or a clear affirmative action, such as marking a checkbox provided for this purpose.
If you do not provide us with your data or provide it incorrectly or incompletely, we will not be able to attend to your request, making it impossible to provide you with the requested information or carry out the contracting of services.
Recipients
The data will not be shared with any third parties outside of Kimbo, unless legally required.
Data Collected by Users of the Services
In cases where the user includes files with personal data on the shared hosting servers, Kimbo is not responsible for the user’s non-compliance with the GDPR.
Data Retention in Compliance with LSSI
Kimbo informs that, as a data hosting service provider and pursuant to Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce (LSSI), it retains the necessary information to identify the origin of the hosted data and the time when the service was initiated for a maximum period of 12 months.
The retention of this data does not affect the confidentiality of communications and may only be used in the context of a criminal investigation or to safeguard public safety, being made available to judges and/or courts or the relevant Ministry.
Data communication to the Security Forces and Corps will be carried out in accordance with the provisions of data protection laws.
Intellectual Property Rights
Kimbo holds all intellectual property rights, industrial property, “know-how,” and any other rights related to the contents of the website ‘www.Kimbosmart.com’ and the services offered therein, as well as the programs necessary for its implementation and related information.
Reproduction, publication, and/or non-private use of the contents, either fully or partially, from the website ‘www.Kimbosmart.com’ are not allowed without prior written consent.
Intellectual Property of Software
The user must respect the third-party software programs provided by Kimbo, even if they are free and/or publicly available. Kimbo holds the necessary exploitation and intellectual property rights of the software.
The user does not acquire any rights or licenses over the software necessary for the provision of the service by contracting the service, nor over the technical information related to service monitoring, except for the rights and licenses needed for the fulfillment of the contracted services and only for the duration of those services.
For any action that exceeds the fulfillment of the contract, the user will need written authorization from Kimbo, and is prohibited from accessing, modifying, viewing the configuration, structure, and files of Kimbo’s servers, assuming civil and criminal responsibility for any incident that may occur on the servers and security systems as a result of negligent or malicious actions on their part.
Intellectual Property of Hosted Content
The use of services provided by Kimbo contrary to intellectual property laws is prohibited, particularly the following:
- Any use that is contrary to Spanish law or infringes on the rights of third parties.
- Publishing or transmitting any content that, in Kimbo’s judgment, is violent, obscene, abusive, illegal, racist, xenophobic, or defamatory.
- Cracks, program serial numbers, or any other content that violates third-party intellectual property rights.
- Collecting and/or using personal data from other users without their express consent or violating the provisions of Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and the free movement of such data.
- Using the domain’s email server and email addresses for sending mass unwanted mail.
The user is fully responsible for the content of their website, the information transmitted and stored, hyperlinks, third-party claims, and legal actions regarding intellectual property, third-party rights, and child protection.
The user is responsible for compliance with current laws and regulations related to the operation of the online service, e-commerce, copyright, maintenance of public order, as well as the universal principles of Internet use.
The user will indemnify Kimbo for any costs incurred by Kimbo’s involvement in a cause attributable to the user, including legal defense fees, even in the case of an undecided judicial decision.
Protection of Hosted Information
Kimbo makes backup copies of the content hosted on its servers; however, it is not responsible for the accidental loss or deletion of data by users. Similarly, it does not guarantee the total restoration of data deleted by users, as the data may have been deleted and/or modified since the last backup.
The services offered, except for specific backup services, do not include the restoration of content stored in Kimbo’s backup copies when the loss is attributable to the user. In such cases, a fee will be determined according to the complexity and volume of recovery, always with prior acceptance by the user.
Restoration of deleted data is only included in the service price if the content loss is due to reasons attributable to Kimbo.
Commercial Communications
In compliance with the LSSI, Kimbo will not send advertising or promotional communications by email or other electronic means that have not been previously requested or expressly authorized by the recipients.
In cases where there is a prior contractual relationship with users, Kimbo is authorized to send commercial communications about products or services similar to those initially contracted. In any case, the user may request that no further commercial information be sent through Customer Service after verifying their identity.
