———————– Legal Notice ——————–

In compliance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), Healthy Branding, S.L. (hereinafter, “DietBox”), Responsible for this online store, makes available to Users the following information, to define their Terms of Use.

In addition to the contents presented here, the specific aspects related to the protection of personal data and the privacy of the users of this website are developed in the Privacy Policy and Cookie Policy pages.

  • Company Name: Healthy Branding S.L.
  • Trade Name: DietBox
  • VAT Number: ESB67350603
  • Registered Address: C/ Campiones Olímpiques, 36 (LA FACT), 08225, Terrasa, Barcelona, Spain
  • Email: hello@mydietbox.com
  • Domain Name: www.mydietbox.com


REGULATORY FRAMEWORK

The activity of this online store is subject to the Spanish and European legal framework, specifically to the following regulations:
• General Data Protection Regulation (GDPR) (EU) 2016/679, of April 27, which regulates the processing of personal data in the countries of the European Union.
• Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD and GDD), a regional regulation (applicable to Spain), which defines and expands many of the concepts and rights present in the GDPR.
• Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), a regulation that affects websites that, in some way, carry out economic activities through electronic means, as is the case with this website.
• Law 03/2014, of March 27, General for the Defense of Consumers and Users (LGDCU), which regulates sales and contracting conditions.

TERMS OF USE AND RESPONSIBILITIES

Any person accessing this website assumes the role of User, committing to strictly observe and comply with the conditions stated herein, as well as any other legal provisions applicable. “DietBox” shall not be liable for damages, whether to itself or to third parties, caused by the improper use of this website by the User.

The following behaviors are strictly prohibited by “DietBox”. If the User engages in any of the acts described below that also constitute a crime, “DietBox” reserves the right to report it to the authorities if the commission of such act is confirmed:

• Introducing or disseminating computer viruses or any other systems capable of causing damage to the physical or logical systems of the domain owner, its providers, or third parties. This prohibition also includes any scripts that may have been inserted.
• Reproducing web content without authorization.
• Accessing (or attempting to) restricted areas of the platform without meeting the required conditions for such access. As well as disclosing information about the operation of the website without the express authorization of its administrators.
• Circumventing (or attempting to) the payment systems established by “DietBox”.

The content of this website cannot, under any circumstances, be considered a substitute for legal advice.

“DietBox” reserves the right to modify any information that may appear in the online store at any time and without prior notice, without any obligation to notify or inform Users of such obligations, with the publication on this website being deemed sufficient.

This website has been reviewed and tested to function correctly without interruption. However, “DietBox” does not rule out the possibility of certain programming errors, occasional unavailability (for example, server crashes, or maintenance thereof), or occurrences of force majeure, natural disasters, strikes, or similar circumstances that may temporarily prevent access to the website.

The User agrees not to use this website or, if applicable, the services or products offered therein, for activities contrary to law, public order, or these terms of use. Therefore, “DietBox” is not responsible for the information and content stored, including but not limited to, in forums, chats, blog generators, comments, social networks, or any other medium that allows third parties to publish content. However, and in compliance with the provisions of articles 11 and 16 of the LSSI-CE, “DietBox” makes itself available to all Users, authorities, and security forces, actively collaborating in the removal or, where appropriate, blocking of all content that may affect or contravene national or international legislation, third-party rights, or morality and public order. If a User believes that there is any content on the website that may be susceptible to such classification, please notify us immediately.

“DietBox” reserves the right to deny or withdraw access to the store without prior notice, at its own discretion or that of a third party, to those Users who breach our Terms of Use.


INTELLECTUAL PROPERTY

The website, including but not limited to its programming, editing, compilation, and other elements necessary for its operation, designs, logos, text, and/or graphics are the property of “DietBox” or, where applicable, have a license or express authorization from the authors.
All contents of the website are duly protected by intellectual and industrial property regulations, as well as registered in the corresponding public registers. Reproduction and/or publication, in whole or in part, of the website, as well as its computer processing, distribution, dissemination, modification, or transformation, are not allowed without the prior written permission of “DietBox”. “DietBox” will ensure compliance with the aforementioned conditions, as well as the proper use of the contents presented on its web pages, exercising all civil and criminal actions that correspond to it in the event of infringement or non-compliance with these rights by the User.
Designs, logos, text, and/or graphics not owned by “DietBox” that may appear on the website belong to their respective owners, who are responsible for any possible controversy that may arise regarding them. In any case, “DietBox” has the express and prior authorization from them. “DietBox” recognizes in favor of its owners the corresponding industrial and intellectual property rights, and their mere mention or appearance on the website does not imply the existence of any rights or responsibility of the Owner over them, nor endorsement, sponsorship, or recommendation by the Owner.

THIRD-PARTY LINKS

The owner of this website participates in affiliate programs for some products and/or services from brands related to the content published on it. “DietBox” undertakes to establish affiliate links exclusively with products and/or services of which it is aware of their quality.

However, we do not commercialize the products and/or services of the referred pages (affiliates), nor do we assume any responsibility for them, their information, its accuracy or legality, or for any effects that may arise from them.

In the event that the user encounters any problems with any of the recommended products or services, “DietBox” assumes no legal or any other type of responsibility, although we will proceed to immediately remove any content that may contravene national or international legislation, morality, or public order, and we will immediately remove the redirection to said website, informing the competent authorities of the content in question.

APPLICABLE LAW AND JURISDICTION

The language of drafting and interpretation of this legal notice is Spanish.
The relationship between “DietBox” and the User is governed in all respects by Spanish law, to which both parties expressly submit in any dispute or question related to this website or the activities carried out on it.
On the other hand, in the event that the user resides outside Spain, “DietBox” and the User submit, with express waiver of any other jurisdiction, to the competent Courts and Tribunals of Spain.

———————– Privacy Policy ——————–

PRIVACY POLICY

“DietBox” is deeply committed to compliance with Spanish and European regulations on the protection of personal data, and guarantees full compliance with the obligations established, as well as the implementation of security measures provided for in the General Data Protection Regulation (GDPR) (EU) 2016/679, of April 27, and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD and GDD, hereinafter LOPD).

In accordance with these regulations, we inform you that the use of our website may require the provision of certain personal data through registration or contact forms, or by sending emails, and that these will be processed by “DietBox”, Data Controller, whose data are:

ACQUISITION AND PROCESSING OF PERSONAL DATA

Personal data is any information relating to a person: name, email, address, phone number, NIF/NIE… Additionally, when a User visits our website, certain information is automatically stored for technical reasons, such as the IP address assigned by their Internet service provider.

“DietBox”, as Data Controller, has the duty to inform Users of its website about the collection of personal data that may be carried out, either by sending an email or by filling out the forms included on the website.

Only the necessary data will be obtained to be able to provide the contracted service, or to be able to adequately respond to the information request made by the User. The data collected are identifying and correspond to a reasonable minimum to carry out the activity. In particular, no specially protected data is collected at any time. Under no circumstances will a different use of the data be made than the purpose for which they were collected.

Contact Forms/Email

Purpose: To respond to your information request made through our contact form(s).

Legitimacy: The legal basis legitimizing this processing is the User’s consent, which can be revoked at any time.

Data Transfer: Personal data will be processed through servers managed by Dinahosting, which will be considered the Data Processor.

Newsletter Subscription Forms

Purpose: Sending communications, some of them commercial, of interest to the Users according to the theme of the website. As established by the LSSICE, “DietBox” undertakes not to send commercial communications without identifying them as such. For these purposes, information sent to customers for the maintenance of an existing contractual relationship, if any, will not be considered commercial communication.

Legitimacy: The legal basis legitimizing this processing is the User’s consent, which can be revoked at any time.

Data Transfer: Personal data will be processed through servers managed by Brevo, which will be considered the Data Processor.

Registration/Client Signup/Contracting Forms

Purposes:

  • Manage your User registration on our website.
  • Manage purchases made.
  • Provide information about the processing and status of purchases.
  • Maintain a historical record of purchases made on our website.
  • Sending communications via email and/or telephone to inform the User of possible incidents, errors, problems, and/or the status of orders.

Legitimacy: The legal basis legitimizing this processing is the execution of a contract.

Data Transfer: “DietBox” will not transfer or disclose your data to any third party, except in cases legally provided for or when strictly necessary for the provision of a service. Specifically, the data may be transferred to:

  • Technological or computer service providers.
  • Payment service providers.
  • Courier and parcel companies.
  • Third parties or intermediaries, as service providers, operating on our behalf (management, consultancy, etc.).

Data transfers will occur while respecting the strictest confidentiality, using necessary measures such as the signing of confidentiality agreements or adherence to their privacy policies established on their respective websites. The User may refuse the transfer of their data to Data Processors by written request, using any of the aforementioned methods.

Furthermore, in cases where necessary, Client data may be transferred to certain organizations in compliance with a legal obligation: Spanish Tax Agency, banking entities, Labor Inspection, etc.


MINORS

Only individuals over 14 years of age may provide personal data on this website. As required by the LOPD and GDD, in the case of minors under 14 years of age, it will be mandatory to obtain consent from their parents or legal guardians before we can process their personal data.

Furthermore, only individuals over 18 years of age may contract our services. In the case of minors under 18 years of age, it will be mandatory to obtain consent from their parents or legal guardians before we can provide the services offered, unless the minor is emancipated.

SECURITY MEASURES

Users of the “DietBox” website are informed that security measures, both technical and organizational, have been adopted to prevent loss, misuse, alteration, unauthorized access, and theft of data. These measures ensure the confidentiality, integrity, and quality of the information contained therein, in accordance with current data protection regulations. Personal data collected in the forms are processed solely by “DietBox” staff or designated Data Processors.

The “DietBox” website also features SSL encryption, enabling Users to securely send their personal data through contact or registration forms on the website.

ACCURACY OF DATA

The User declares that all data provided by them are true and correct and undertakes to keep them updated. The User is responsible for the accuracy of their data and shall be solely liable for any conflicts or disputes arising from their falsity. It is important that the User informs “DietBox” of any changes to their personal data to ensure they remain up-to-date.

DATA TRANSFER

“DietBox” will not transfer or communicate your data to any third party, except in cases legally provided for or when the provision of a service requires a contractual relationship with a Data Processor. Thus, the User accepts that some of the personal data collected may be provided to these Data Processors (payment platforms, management companies, intermediaries, etc.), when necessary for the effective provision of a contracted service or purchased product. The User also accepts that, in the provision of services, these may be, totally or partially, subcontracted to other individuals or companies, which will be considered Data Processors, with whom the corresponding confidentiality contract has been agreed upon, or who have adhered to their privacy policies, established on their respective websites. The User may refuse the transfer of their data to the Data Processors, by written request, through any of the means referenced above.

In addition, in those cases where necessary, Customer data may be transferred to certain organizations, in compliance with a legal obligation: Spanish Tax Agency, banking entities, Labor Inspection, etc.


EXERCISE OF USER RIGHTS

The LOPD, GDD, and GDPR grant interested parties the possibility of exercising a series of rights related to the processing of their personal data. To do this, the User must address, providing documentation proving their identity (ID card or passport), by email to hello@mydietbox.com, or by written communication to the address shown in our Legal Notice. This communication must reflect the following information: the User’s full name, the subject of the request, the address, and the supporting data.

The exercise of rights must be carried out by the User themselves. However, they may be carried out by an authorized person acting as the legal representative of the User, by providing the documentation proving such representation.

The User may request the exercise of the following rights:

  • Right to request access to personal data, which is the right to obtain information about whether your own personal data is being processed, the purpose of the processing being carried out, as well as information available about the origin of such data and the communications made or planned regarding them.
  • Right to request rectification, in case the personal data is incorrect or inaccurate, or deletion of data that proves to be inadequate or excessive.
  • Right to request the limitation of its processing, in which case only the data strictly necessary for the exercise or defense of claims will be retained by “DietBox”.
  • Right to object to processing: refers to the right of the data subject to object to the processing of their personal data or to cease such processing in cases where their consent is not necessary for the processing, where they are commercial prospecting files, or where the processing has the purpose of making decisions concerning the data subject and is based solely on automated processing of their data, unless there are legitimate reasons or the exercise or defense of possible claims requires further processing.
  • Right to data portability: in case you want your data to be processed by another company, “DietBox” will provide you with the port

If consent has been given for a specific purpose, the User has the right to withdraw consent at any time, without affecting the lawfulness of the processing based on the consent before its withdrawal.

We undertake to execute all these rights within the maximum legal period (1 month).

If a User believes that there is a problem with the way “DietBox” is handling their data, they can direct their complaints to the Security Officer or the relevant data protection authority, with the Spanish Data Protection Agency being the appropriate authority in the case of Spain.

DATA RETENTION

The personal data of Users who use the contact form or send us an email requesting information will be processed for the strictly necessary time to respond to the information request, or until the consent granted is revoked.

The personal data of the Client will be processed until the contractual relationship ends. The retention period of personal data will be the minimum necessary, and may be retained for:

  • 4 years: Law on Infractions and Sanctions in the Social Order (obligations regarding affiliation, registrations, deregistrations, contribution, salary payment…); Arts. 66 et seq. General Tax Law (accounting books…)
  • 5 years: Art. 1964 Civil Code (personal actions without a special term)
  • 6 years: Art. 30 Commercial Code (accounting books, invoices…)
  • 10 years: Art. 25 Prevention of Money Laundering and Terrorist Financing Law..
  • Indefinitely: disaggregated and anonymized data..

On the other hand, the data of Users who subscribe to the newsletter will be retained indefinitely until the consent granted is revoked.

SOCIAL MEDIA

“DietBox” has profiles on some of the main social media platforms on the Internet (Facebook, Instagram), recognizing itself in all cases as the Data Controller of the data of its followers, fans, subscribers, commentators, and other user profiles (hereinafter, followers) published by “DietBox”. The purpose of the data processing by “DietBox,” when not prohibited by law, will be to inform its followers about its activities and offers, through any means allowed by the social network, as well as to provide personalized customer service. The legal basis legitimizing this processing will be the consent of the interested party, which may be revoked at any time. In no case will “DietBox” extract data from social networks, unless the User’s consent is explicitly and specifically obtained for it (for example, for conducting a contest).


CONFIDENTIALITY

The information provided by the User will always be considered confidential, and it cannot be used for purposes other than those described here. “DietBox” undertakes not to disclose or reveal information about the User’s intentions, the reasons for the advice requested, or the duration of their relationship with them.


VALIDITY

This privacy and data protection policy has been drafted by ExpertosLOPD®, a specialized firm in data protection for online stores, as of March 28, 2023, and may vary depending on changes in regulations and jurisprudence that may occur. It is the responsibility of the data subject to read the updated document in order to know their rights and obligations regarding this matter at all times.