Privacy Policy

OBJECT

The following General Conditions of Use, Privacy Policy and Sale (hereinafter, the “General Conditions”) regulate the use of the website www.pollyanna.ad (hereinafter, the website) that Pollyanna SA (from now on “Pollyanna”), makes it available to people who access its website in order to provide information on products and services, their own and / or of third party collaborators, and facilitates access to them, as well as contracting services and goods by means of the same (all this denominated jointly the “Services”).

Pollyanna, with registered office at C / de l’Aigüeta, 14, AD500, Andorra la Vella – Principality of Andorra, is a public limited company that owns this website, the use of which is regulated by NRT number A-700.747-F. To contact Pollyanna, you can use the email address listed above, as well as the email address pollyanna@pollyanna.ad.

Due to the very nature of the website, as well as its content and purpose, practically all the navigation that can be carried out by it must be done with the condition of Customer, which is obtained with the procedures acquired within the website. Therefore, the aforementioned condition of Customer implies adherence to the general conditions in the version published at the time of accessing the Website. Pollyanna reserves the right to modify, at any time, the presentation and configuration of the website, as well as these General Conditions. For this reason, Pollyanna recommends that the Client read carefully each time he accesses the Website.

In any case, there are pages of the website that are accessible to the general public, in respect of which Pollyanna also wishes to comply with its legal obligations, as well as to regulate their use. In this sense, users who access these parts of the website agree to be subject, by accessing to said pages, to the terms and conditions set out in these General Conditions, insofar as this may apply to them.

Finally, due to the nature of this website, changes to the content of these General Conditions may be modified or included. Therefore, the Customer, as well as other users who do not enjoy this condition, are obliged to access these General Conditions each time they access the Website, assuming that the corresponding conditions that are in force at the time are applicable in the moment  of access.

 

ACCESS AND SECURITY

 

Access to the Services requires the prior registration of users, once they accept the general conditions, becoming considered Customers.

The Customer ID will consist of their email address and a password. To access the Customer’s own account, it will be necessary to include this identifier, as well as a password that will be at least 4 characters long.

The use of the password is personal and non-transferable, and the transfer is not permitted, even temporarily, to third parties. In this sense, the Customer agrees to make diligent use and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.

In the event that the Customer knows or suspects the use of his password by third parties, he must modify it immediately, in the manner stated on the Website.

 

CORRECT USE OF SERVICES

The Customer undertakes to use the Services diligently, correctly and lawfully and, in particular, by way of example and not limitation, he undertakes not to:

use the Services in a manner, for purposes or effects contrary to the law, morals and generally accepted good customs or public order;

reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless you have the permission of the holder of the corresponding rights or this is legally permitted;

perform any act that may be considered a violation of intellectual or industrial property rights belonging to POLLYANNA or third parties;

use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for direct sales or any other kind of commercial purpose, unsolicited messages addressed to a plurality of people with independence of its purpose, as well as to market or disseminate this information in any way;

The Customer will be liable for any damages of any kind that Pollyanna may suffer, on occasion or as a result of the breach of any of the obligations set out above as well as any other not included in these general conditions and / or those imposed by law in relation to the use of the Website.

Pollyanna will at all times ensure compliance with the current legal system, and will be entitled to interrupt, at its discretion, the Service or exclude the Customer from the website in case of alleged commission, complete or incomplete, of any of the crimes or offenses under the current Penal Code, or in the event of any conduct that in Pollyanna’s opinion is contrary to the General Conditions, the General Conditions of Contract that operate for this website, the Law, the rules established by Pollyanna or its collaborators or may disturb the proper functioning, image, credibility and / or prestige of Pollyanna or her collaborators.

PROPERTY RIGHTS

All contents of the website, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of Pollyanna or third parties, the rights in this regard are legitimately held Pollyanna, being therefore protected by national and international law.

It is strictly forbidden to use all elements subject to industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation.

Violation of any of the aforementioned rights may constitute a violation of these provisions, as well as a crime punishable under Articles 270 et seq. Of the Penal Code.

Those customers who have submitted observations, opinions or comments on the Website through the e-mail service or by any other means, in cases where this is possible due to the nature of the Services, are understood to authorize Pollyanna the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for all the time of protection of copyright that is foreseen legally and without territorial limitation. It is also understood that this authorization is free of charge.

Claims that may be lodged by customers in connection with possible breaches of intellectual or industrial property rights in any of the Services on this website should be addressed to the following email address: pollyanna@pollyanna.ad .

 

EXCLUSION OF WARRANTIES AND LIABILITY

Notwithstanding the terms and conditions set forth in the general terms and conditions relating to the procurement of goods contained on this website, Pollyanna is not responsible for the veracity, accuracy and quality of this website, its services, information and materials. These services, information and materials are presented “as is” and are accessible without warranties of any kind.

Pollyanna reserves the right to interrupt access to the website, as well as the provision of any or all of the Services provided through it at any time and without notice, either for technical reasons, security, control, maintenance, power failure or any other justifiable cause.

Consequently, Pollyanna does not guarantee the reliability, availability or continuity of its Website or the Services, so the use of the same by the Customer is carried out at its own risk, without, in any way, they may demand responsibilities from Pollyanna in this regard.

 

Pollyanna will not be liable in the event of interruptions to the Services, delays, errors, malfunction of the same and, in general, other inconveniences that have their origin in causes beyond the control of Pollyanna, and / or due to malicious actions or fault of the Client and / or has as its origin causes of fortuitous events or major forces. Without prejudice to the provisions of article 1105 of the Civil Code, shall be included in the concept of Force Majeure, in addition, and for the purposes of these General Conditions, all those events that occurred outside the control of Pollyanna, such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of public authorities, those others produced as a result of natural phenomena, blackouts, etc. and the attack of hackers or third parties specializing in the security or integrity of the computer system, provided that Pollyanna has taken reasonable security measures in accordance with the state of the art. In any case, whatever the cause, Pollyanna will not assume any liability for direct or indirect damages, emergent damages and / or for lost profits.

Pollyanna excludes any liability for damages of any kind that may be due to the lack of veracity, accuracy, completeness and / or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the Website as well as for the Services provided or offered by third parties or entities. Pollyanna will endeavor to update and rectify as much as possible the information hosted on its Website that does not comply with the minimum guarantees of veracity. However, it will be exonerated from liability for its non-updating or rectification as well as for the contents and information discharged into it. In this sense, Pollyanna has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by customers or collaborators, except in cases where required by current legislation or when required by a judicial authority a competent administrator.

Similarly, Pollyanna excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alteration in computer systems as well as in documents or systems stored in them.

Pollyanna is not responsible for the use made by the Customer of the Services of the Website or its passwords, as well as any other material thereof, infringing the intellectual or industrial property rights or any other rights of third parties.

The Client undertakes to hold Pollyanna liable for any damage, injury, penalty, expense (including, without limitation, attorneys’ fees) or civil, administrative or other liability that Pollyanna may suffer in connection with non-compliance or partial or defective compliance on its part with the provisions of these General Conditions or in the applicable legislation, and, in particular, in relation to its obligations relating to the protection of personal data contained in these conditions or established in the LOPD and development regulations.

LINKS TO OTHER WEBSITES

Pollyanna does not warrant or assume any liability for damages suffered by access to Third Party Services through connections or links from the linked sites or on their accuracy or reliability. The function of the links that appear in Pollyanna is exclusively to inform the Customer about the existence of other sources of information on the Internet, where you can expand the Services offered by the Portal. Pollyanna will not be liable in any way for the result obtained through these links or for the consequences arising from customer access to them. Third Party Services are provided by them, so Pollyanna cannot and does not control the legality of the Services or their quality. Accordingly, the Customer must exercise extreme caution in the assessment and use of existing information and services in third party content.

 

GATHERING AND PROCESSING OF PERSONAL DATA

At the time the user decides to register on our website or transfer their personal data to Grup Pollyanna through other means made available to them, the data strictly necessary for the purpose for which the section is intended will be requested. .

The data you provide us will be incorporated into our Clients file, owned by the Pollyanna Group, in order to be able to attend to and properly process the consultation requests received; the management, administration, provision, expansion and improvement of the services in which it is decided to subscribe, register, or use the adaptation of these services to the preferences and tastes of users, the study of the use of the services by users, the design of new services related to these services, the sending by traditional and electronic means of technical, operational and commercial information on products and services offered by Group Pollyanna, currently and in the future. The archive is registered with the Andorra Data Protection Agency under the title Clients.

 

By pressing the send button or sending a physical support with your data, the user is giving his express and unequivocal consent to the processing of his data, as well as the transfer to companies in the same group. Grup Pollyanna will send registered users, by means of electronic communications (e-mail, SMS) news and promotions related to business activities, to all users who have previously authorized it through the Newsletter sections and other channels made available to them.

Pollyanna Group has taken the necessary measures to ensure the security of personal data as well as prevent its alteration, loss, processing or unauthorized access, in accordance with the provisions of Qualified Law 15/2003, of December 18, protection of personal data.

At any time, users have the right of access, opposition, rectification or deletion, according to articles 15, 22, 23, 24 of Law 15/2003 qualified on the protection of personal data, of 18 December. These rights can be exercised before the Pollyanna Group Customer Service, at c / l’Aigüeta 14 in Andorra la Vella – Principality of Andorra.

Only in order to offer a better service through this page and in order to facilitate its use, the following data can be collected: number of pages visited, number of visits, and the activity and frequency of use by users. This data may be used for the sole purpose of obtaining anonymous statistical information on the use of the website or to monitor its technical operation.

This privacy policy applies solely and exclusively to the data collected on this website www.pollyanna.ad.

Under no circumstances are cookies used to acquire the user’s personally identifiable information or to register their IP addresses. The use of cookies is reserved exclusively to make it easier for the user to access the website and to compile statistics.

The privacy of all information provided, both by the user through the means of requesting personal data and accessible through the website, is regulated by Law 15/2003 qualified personal data protection, of December 18, and by the regulations that develop it.

The information and material contained on this website have been controlled to be accurate: however, this information and material is provided without any express or implied warranty. Pollyanna Group assumes no responsibility for any errors or omissions in this information and material. Grup Pollyanna reserves the right in its sole discretion to modify, alter, add or remove portions of these Privacy Policies at any time. We recommend that you review this policy each time you visit the Pollyanna Group website.

 

CONDITIONS OF ACCESS TO THE WEBSITE

Access to the Pollyanna Group website is free. The user agrees and guarantees to make use of the website in accordance with the provisions established in these conditions, the provisions of the applicable regulations, as well as with regard to morals and good customs.

In this sense, the user agrees to: Not to use any of the services, products and / or contents that Pollyanna Group makes available to you, by means or for illicit purposes, or expressly prohibited, to refrain from performing any activity that may damage, overload, impair or impede the normal activity of the Pollyanna Group website.

In the event that the user causes damage to third parties by the use of any product, service, content or tool provided on the website, or to make improper use, the user expressly exonerates Grup Pollyanna from any liability that may be imputed.

To this end, the user will assume the sole and exclusive responsibility that may arise as a result of the above. Grup Pollyanna, in order to guarantee the rights in compliance with these conditions and respect for current legislation, may:

Temporarily interrupt the service without prior notice and at any time.

Modify the conditions of provision of products, services, contents and / or tools.

Modify the content of the services that make up the website, without having to communicate this in advance.

Communicate to the competent bodies that act in the exercise of their powers, conduct, activities or allegedly illegal data of which Grupo Pollyanna is aware.

 

APPLICABLE LAW AND JURISDICTION

For all interpretative or litigious issues that may arise, Andorran law shall apply and in the event of a dispute, both parties agree to submit, waiving any other jurisdiction that may apply, to the jurisdiction of the courts and tribunals of the Principality of Andorra.