LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE
www.motikids.es

I. GENERAL INFORMATION

In compliance with the duty to provide information established 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, www.motikids.es, (hereinafter, Website) belongs to: TINGMAR SOLUCIONES, SL, with Tax Identification Number (NIF): B01790617 and registered in Madrid with the following registration details: Volume 40,887, Folio 110, Page M-725346, whose representative is Alex Fischer, and whose contact details are:

Address:
c/ Pablo Picasso, 10
28222 Majadahonda (Madrid)
Contact phone number: 915714150
Contact email: alex@motikids.es

II. GENERAL TERMS AND CONDITIONS OF USE

The purpose of the conditions:

The Website

The purpose of these General Terms of Use (hereinafter, Terms) is to regulate access to and use of the Website. For the purposes of these Terms, 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, Content) and all those online services or resources that may be offered to Users (hereinafter, Services).

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

Access to the Website by the User is free and, as a general rule, is free of charge without the User having to provide any consideration in order to enjoy it, except in relation to the cost of connection through the telecommunications network provided by the access provider that the User has contracted.

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

The User

Accessing, browsing and using the Website, as well as the spaces enabled to interact between Users, and between the User and Tingmar Soluciones, SL, such as comments and/or blogging spaces, confers the status of User, and therefore, from the moment browsing begins on the Website, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. Given the importance of the above, the User is advised to read them each time they visit the Website.

The Tingmar Soluciones, SL website provides a wide variety of information, services, and data. The User assumes responsibility for making proper use of the Website. This responsibility will extend to:

Use of the information, content and/or services and data offered by Tingmar Soluciones, SL in a manner that is not contrary to the provisions of these Terms, the Law, morality or public order, or that may in any other way imply harm to the rights of third parties or the proper functioning of the Website.

The veracity and legality of the information provided by the User in the forms provided by Tingmar Soluciones, SL for access to certain Content or Services offered by the Website. In any case, the User will immediately notify Tingmar Soluciones, SL about any fact that allows the misuse of the information registered in said forms, such as, but not only, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.

Tingmar Soluciones, SL reserves the right to remove any comments and contributions that violate the law, respect for human dignity, are discriminatory, xenophobic, racist, pornographic, spam, that threaten youth or childhood, public order or safety, or that, in its opinion, are not suitable for publication.

In any case, Tingmar Soluciones, SL 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 imply establishing any type of commercial relationship between Tingmar Soluciones, SL and the User.

Always in compliance with current legislation, this Tingmar Soluciones, SL website is aimed at all people, regardless of age, who can access and/or browse the website pages.

III. WEBSITE ACCESS AND NAVIGATION: EXCLUSION OF WARRANTIES AND LIABILITY

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

Nor does it assume responsibility or guarantee that the content or software that can be accessed through this Website is free from error or will not cause damage to the User's computer system (software and hardware). Under no circumstances will Tingmar Soluciones, SL be liable for any losses, damages or harm of any kind arising from access, browsing and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Tingmar Soluciones, SL is also not responsible for any damages that may be caused to users by improper use of this Website. In particular, it is not responsible in any way for any failures, interruptions, lack or defect of telecommunications that may occur.

IV. PRIVACY AND DATA PROTECTION POLICY

Laws incorporated into this privacy policy

This privacy policy is adapted to current Spanish and European regulations regarding the protection of personal data on the internet. Specifically, it respects the following rules:

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 guarantee of digital rights (LOPD-GDD).

Royal Decree 1720/2007, of December 21, which approves the Regulation for the development of 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 data controller

The controller of the personal data collected in Tingmar Soluciones, SL is: Tingmar Soluciones, SL, with NIF: B85495794 and registered in: Madrid with the following registration details: Volume 25,868, Folio 210, Section 8, Sheet M-466301, whose representative is: Alex Fischer (hereinafter, also the Data Controller). Their contact details are as follows:

Address:
c/ Martinez Villergas, 49
28027 Madrid
Contact phone number: 915714150
Contact email: alex@motikids.es

Registration of Personal Data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Tingmar Soluciones, SL through the forms on its pages will be incorporated and processed in our files in order to facilitate, expedite and fulfill the commitments established between Tingmar Soluciones, SL and the User or the maintenance of the relationship established in the forms that the User fills out, or to attend to a request or query from the User. Furthermore, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is maintained which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the GDPR.

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 lawfulness, fairness and transparency: the User's consent will be required at all times after providing completely 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.
Principle of data minimization: the personal data collected will only be 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 the storage period: personal data will only be kept in a form which permits identification of the User for no longer than is necessary for the purposes for which the personal data are processed.
Principle of integrity and confidentiality: personal data will be processed in a way that guarantees its security and confidentiality.
Principle of proactive responsibility: The Data Controller will be responsible for ensuring that the above principles are met.
Categories of personal data

The categories of data processed by Tingmar Soluciones, SL are solely identification 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 processing personal data is consent. Tingmar Soluciones, SL undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.

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

When 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 completing any of them is mandatory because they are essential for the correct development of the operation carried out.

Purposes of the processing for which the personal data is intended

Personal data is collected and managed by Tingmar Soluciones, SL in order to facilitate, expedite and fulfill the commitments established between the Website and the User or to maintain the relationship established in the forms that the latter fills out or to attend to a request or query.

Likewise, the data may be used for commercial purposes, personalization, operational and statistical purposes, and activities related to the corporate purpose of Tingmar Soluciones, SL, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as improve the quality, operation and navigation of the Website.

When personal data is obtained, the User will be informed about the specific purpose or purposes for which the personal data will be processed; that is, the use or uses that will be given to the information collected.

Personal data retention periods

Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 1 year, or until the User requests its deletion.

When personal data is obtained, the User will be informed about the period for which the personal data will be stored or, where that is not possible, the criteria used to determine that period.

Recipients of personal data

The User's personal data will not be shared with third parties.

In any case, at the time personal data is obtained, the User will be informed about the recipients or categories of recipients of the personal data.

Personal data of minors

In accordance with Articles 8 of the GDPR and 13 of the LOPD, only those over 14 years of age may give their consent for the lawful processing of their personal data by Tingmar Soluciones, SL. If the person is under 14 years of age, parental or guardian consent will be required for processing, and it will only be considered lawful to the extent that they have authorized it.

Privacy and security of personal data

Tingmar Soluciones, SL 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 or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized disclosure of or access to such data.

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

However, because Tingmar Soluciones, SL cannot guarantee the impenetrability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to inform the User without undue delay when a personal data breach occurs that is likely to pose a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a personal data breach is defined as any breach of security leading to the accidental or unlawful destruction, loss, alteration, 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, associates, and any person to whom the information is made accessible.

Rights arising from the processing of personal data

The User has rights over Tingmar Soluciones, SL and may, therefore, exercise the following rights recognized in the GDPR against the Data Controller:

Right of access: This is the User's right to obtain confirmation as to whether or not Tingmar Soluciones, SL is processing their personal data and, if so, to obtain information about their specific personal data and the processing carried out by Tingmar Soluciones, SL, as well as, among other things, information available on the origin of said data and the recipients of communications made or planned regarding them.

Right of 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, provided that current legislation does not establish otherwise, to obtain the erasure of their personal data when these 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 it; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data have been unlawfully processed; 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 deleting the data, the Data Controller, taking into account available technology and the cost of implementation, shall take reasonable steps to inform controllers processing the personal data of the data subject's request for erasure of any links to that personal data.

Right to restriction of processing: This is the User's right to restrict the processing of their personal data. The User has the right to obtain restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.

Right to data portability: If processing is carried out by automated means, the User has the right to receive their personal data from the Data Controller in a structured, commonly used and machine-readable format, and to transmit it to another data controller. Whenever technically possible, the Data Controller will 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 have such processing stopped by Tingmar Soluciones, SL.

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 individual decision based solely on the automated processing of their personal data, including profiling, unless otherwise provided by current legislation.

Therefore, the User may exercise their rights by sending a written communication to the Data Controller with the reference "GDPR-www.motikids.es", specifying:

User's first name, surname, and copy of ID. In cases where representation is allowed, it will also be necessary to identify the person representing the User by the same means, as well as the document proving the representation. The photocopy of the ID card may be replaced by any other legally valid means that proves identity.

Request with the specific reasons for the request or information to which access is sought.

Address for notification purposes.
Date and signature of the applicant.
Any document that proves the request being made.
This application and any other attached documents may be sent to the following address and/or email:
Postal address:
c/ Pablo Picasso, 10
28222 Madrid
Email: alex@motikids.es

Complaints to the supervisory authority

If the User believes that there is a problem or infringement of current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a complaint with a supervisory authority, in particular, in the State in which they have their habitual residence, place of work or place of the alleged infringement. 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

It is necessary that the User has read and agrees to the conditions on the protection of personal data contained in this Privacy Policy, and that they accept the processing of their personal data so that the Data Controller can proceed with it in the manner, for the periods and for the purposes indicated. Use of the Website implies acceptance of its Privacy Policy.

Tingmar Soluciones, SL reserves the right to modify its Privacy Policy based on its own criteria or due to a legislative, jurisprudential, or doctrinal change from the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will be explicitly notified to the User.

This Privacy Policy was updated on January 2, 2020 to comply with 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) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD)

V. COOKIES POLICY

Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User —on the different 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 make browsing easier and more user-friendly, and they do not harm the browsing device.

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 immediately before and after it. However, cookies do not allow contact through the User's telephone number or any other personal contact method. 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 be included in the Cookie file is for the user to personally provide 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 necessary for their use. This consent will be based on a genuine choice, given through an affirmative and positive decision before initial processing, revocable, and documented.

First-party cookies

These are cookies that are sent to the User's computer or device and managed exclusively by Tingmar Soluciones, SL for the better functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies allow us to recognize the User as a returning visitor to the Website and adapt the content to offer content that matches their preferences.

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

Disable, reject and delete cookies

The User can disable, reject and delete cookies —total or partial— installed on their device by configuring their browser (including, for example, Chrome, Firefox, Safari, 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 you reject the use of cookies —in whole or in part— you may still be able to use the Website, although your 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 properly informed about how and why we use cookies.

VI. LINKS POLICY

The User or third party who creates a hyperlink from a web page of another, different website to the Tingmar Soluciones, SL Website should know that:

Reproduction —in whole or in part— of any of the Website Content and/or Services is not permitted without the express authorization of Tingmar Soluciones, SL.

No false, inaccurate or incorrect statements about the Tingmar Soluciones, SL Website, or about its Content and/or Services are permitted.

With the exception of the hyperlink, the website in which said hyperlink is established shall not contain any element from this Website that is protected as intellectual property under Spanish law, unless expressly authorized by Tingmar Soluciones, SL.

The establishment of the hyperlink will not imply the existence of relationships between Tingmar Soluciones, SL and the owner of the website from which it is made, nor the knowledge and acceptance by Tingmar Soluciones, SL of the content, services and/or activities offered on said website, and vice versa.

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

Tingmar Soluciones, SL, either on its own behalf or as an assignee, owns all intellectual and industrial property rights of the Website, as well as 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.). They will therefore be works protected as intellectual property by the Spanish legal system, and both Spanish and Community regulations in this field, as well as international treaties relating to the matter and signed by Spain, will apply 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, in any medium and by any technical means, is expressly prohibited without the authorization of Tingmar Soluciones, SL.

If the User or a third party considers that any of the Website Content constitutes a violation of intellectual property rights, they must immediately notify Tingmar Soluciones, SL through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Terms of Use.

VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Tingmar Soluciones, SL reserves the right to take any civil or criminal action it deems necessary for the misuse of the Website and Content, or for non-compliance with these Terms and Conditions.

The relationship between the User and Tingmar Soluciones, SL will be governed by the regulations in force and applicable in the Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Conditions, the parties will submit their disputes to the ordinary jurisdiction, submitting to the judges and courts of Madrid - Spain.


Created: December 2, 2019
Last modified: February 20, 2026