Privacy policy

PURPOSE
‍
- Carry out the necessary commercial and administrative procedures with web Users.
- Send commercial communications by email, fax, SMS, MMS, social communities, or any other electronic or physical means (if the User has previously given consent).
- Respond to inquiries and/or provide information requested by the User.
- Render services and/or products contracted or subscribed to by the User. 
- Contact to obtain users’ opinion.
- Contact to inform users about changes in the privacy policy, the cookies policy or the legal notice.
- Analyse profiles and usability. 

LAWFULNESS OF RECIPIENTS
‍
- Consent of the affected. 
- Execution of a contract. 
- Legal obligation. 
- Legitimate interest of the data controller.

RECIPIENTS OF INTERNATIONAL TRANSFERS AND ASSIGNMENTS
‍
- User data will not be transferred to third parties except when under legal obligation. International transfers will not be made without the Users’ prior consent.

RIGHTS
‍
- Access, rectification, and cancellation of data, as well as the other rights indicated in the additional information.

STORAGE
‍
- User data will be kept in the processing records of our ownership while its storage is necessary to meet the purpose that motivated its collection as well as during the assistance term of possible legal obligations.

You can consult additional and detailed information regarding Data Protection on our website: 
- Privacy Policy [https://fermat.ws/legal/privacy-policy] 
- Legal Notice [https://fermat.ws/legal/legal-notice]
- Cookies Policy [https://fermat.ws/legal/cookies-policy]
- Terms & Conditions [https://fermat.ws/legal/terms-conditions]

DATA PROCESSOR
‍Name: BATOU.XYZ INCORPORATED (also the “Provider”)
ID number: 92-1012296
Address: 251 Little Falls Drive Wilmington, New Castle County, Delaware 19808.
Email: legal@batou.xyz
BATOU XYZ INCORPORATED, as the Data Processor for the Website, in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of this data and other current regulations on the protection of personal data, informs you the User that you have implemented the measures of necessary security, of a technical and organisational nature, to guarantee and protect the confidentiality, integrity and availability of data entered.
PURPOSE OF PERSONAL DATA PROCESSING
Your personal data will only be used for the following purposes: To carry out the necessary commercial and administrative procedures with Web Users; To send advertisement commercial communications by email, fax, SMS, MMS, social communities, or any other electronic or physical means, in case the User has expressly consented to receiving commercial communications electronically; To respond to queries and/or provide information requested by the User; To carry out the provision of services and/or products contracted or subscribed to by the User To use your data to contact you, both electronically and non-electronically, to obtain your opinion about the service provided and, To notify you about changes, important developments of the privacy policy, legal notices or cookies policy. Analysis of profiles and usability will be carried out. Client and/or supplier data will be processed, within the contractual relationship that links them with the person in charge, in compliance with the administrative, fiscal, accounting, and working obligations that are necessary under the current legislation. You can revoke your consent at any time by sending a letter with the subject "UNSUBSCRIBE" to legal@batou.xyz.
BATOU XYZ INCORPORATED does not partake in SPAM practices, therefore, it does not send commercial emails that have not been previously requested or authorised by the User. Consequently, in all the communications that you will receive from the provider, the User has the possibility of cancelling his or her express consent to receive our communications. We will not use your personal data for any other purpose than those described except by legal obligation or judicial requirements.
STORAGE OF YOUR PERSONAL DATA
Your data will be kept for the duration of the commercial relationship with us or until you exercise your right to cancellation or opposition, or limitation to processing. However, we will keep certain personal identification and traffic data for a maximum period of 2 years in case it is required by the Judges and Courts or to initiate internal actions derived from the improper use of the website. It will not be subject to decisions based on automated processes that produce effects on your data.
LAWFULNESS OF PERSONAL DATA PROCESSING
The legal basis for data processing is your consent granted to carry out the purposes described above, which will be requested at the time by marking the corresponding box when collecting your data. Failure to provide the personal data requested or failure to accept this data protection policy means that it is impossible to subscribe, register or receive information about the Provider's products and services. In cases where there is a prior contractual relationship between the parties, the legitimacy for the development of administrative, tax, accounting, and labour obligations that are necessary under current legislation will be the prior existence of the commercial relationship established between the parties.
COMMUNICATIONS
Any communication sent will be incorporated into the Information Systems of BATOU XYZ INCORPORATED by accepting these conditions, terms, and policies, the User expressly consents to BATOU XYZ INCORPORATED carrying out the following activities and/or actions, unless the User indicates otherwise: The sending of commercial and/or promotional communications by any means enables informing the Users of the activities, services, promotions, advertising, news, offers, and other information about the services and products related to the activity, providing it has been expressly consented by the User. In the event that the User has expressly consented to the sending of commercial communications electronically by subscribing the NEWSLETTER, the sending of such communications by electronic means informing the Users of the activities, services, promotions, advertising, news, offers, and other information about the services and products of BATOU XYZ INCORPORATED equal or similar to those that were originally the aim of the contract or interest by the User. The storage of personal data during the periods provided in the applicable provisions.
OFFICIAL MEANS OF COMMUNICATION
The User is informed that the means enabled by the company to communicate with Users and others is corporate email. If you send personal information through a means of communication other than those indicated in this section, the Provider will be exempt from liability in relation to the security measures available regarding the medium in question.
ASSIGNMENTS OR TRANSFERS RECIPIENTS
BATOU XYZ INCORPORATED does not carry out any data transfer or communication unless there is a reasonable need to comply with a legal procedure, legal obligation, or prior to obtaining the User's consent. International transfers of your personal data will not be made without your prior consent, without prejudice to blocking or cancelling your account if there may be indications of the commission of a crime by the User. The information provided will only be available to the provider at this time. BATOU XYZ INCORPORATED will not transfer the data collected to third parties unless there is a reasonable need to comply with a legal procedure, legal obligation, or prior obtaining the User's consent.
INTERNATIONAL DATA TRANSFERS
All information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States, United Kingdom or other countries, which may have data protection laws that are different from the laws where you live. When we engage in such transfers, we endeavour to safeguard your information consistent with the requirements of applicable laws. In case your national law provides a higher standard of protection, BATOU XYZ INCORPORATED commits to respect the highest of the data protection standards that may be applicable, regardless it is your national law or the laws of the country in which the data are transferred, processed and/or stored according to this clause.
SECURITY OF YOUR INFORMATION
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorised disclosure, access or data treatment.
RIGHTS OF CONCERNED INDIVIDUALS
As a concerned User, you can request to exercise the following rights before BATOU XYZ INCORPORATED by sending an email to legal@batou.xyz indicating as Subject: "LOPD, ARCO Rights", and attaching a photocopy of your National Identity Document or any analogous document, as indicated by law.
RIGHTS
Access rights: allows the interested party to know and obtain information about their personal data submitted to processing. Right to rectification or deletion: it allows to correct errors and modify the data that proves to be inaccurate or incomplete. Right to cancellation: allows data that turns out to be inadequate or excessive to be deleted. Right to opposition: the right of the interested party to not carry out the processing of their personal data or to cease it. Limitation of personal data processing: involves the marking of personal kept data, with the purpose of limiting its future processing. Portability of the data: facilitation of the data subject to processing to the interested party, so that he or she can transmit it to another person in charge, without impediments. The right not to be subject to automated individual decisions (including the elaboration of profiles): the right not to be the subject of a decision based on automated processing that produces effects or significantly affects the User. As a User, you have the right to withdraw consent given at any time. The withdrawal of consent will not affect the lawfulness of the process carried out before the withdrawal of consent. You also have the right to submit a claim to the supervisory authority if you believe that your rights may have been violated in relation to the protection of your personal data.
ADDITIONAL INFORMATION
INFORMATION WE COLLECT
The data collected by the responsible party is the following: Those that Users provide through the different services offered on the website Those included in the different forms provided on the website Data collected through "cookies" for browsing experience improvement as reported in the cookies policy [https://fermat.ws/legal/cookies-policy]. The refusal to supply the obligatory data will result in the impossibility to minister to the particular request in question. You state that the information and data you provide us are accurate, current and true. We ask that in case of modification, communicate such actions immediately so that the information under process is updated at all times and does not contain errors. Through this Privacy Policy we inform you that the photographs that are posted on the website are property of BATOU XYZ INCORPORATED, including those of minors, of which, in order to obtain these, prior consent of the parent, tutors, or legal representatives has been obtained by signing the forms made for that purpose by the centres in which matters regarding minors are regulated. However, the parents, guardians, or representatives of minors, as holders of the exercise of rights of these, and always by previous formal requirement in writing, may indicate the refusal to use the image of the minor; in this case, the image will be shown pixelated.
SOCIAL NETWORKS
We inform you that BATOU XYZ INCORPORATED may have a presence on social networks. The processing of data that is carried out concerning the people who become followers on social networks (and/or carry out any link or connection action through social networks) of the official pages of BATOU XYZ INCORPORATED will be governed by this section, as well as those conditions of use, privacy policies, and access regulations that belong to the social network that is appropriate in each case and previously accepted by the User. BATOU XYZ INCORPORATED will process your data with the purpose of correctly managing your presence on social networks, informing you of the provider's activities, products, or services, as well as for any other purpose that the regulations of the social networks allow. The publication of the following content is prohibited: That are presumably unlawful by national, community, or international regulations or that they carry out activities that are presumably unlawful or contravene the principles of good faith. That threaten the fundamental rights of people, lack courtesy in the network, annoy or may generate negative opinions to our Users or third parties and in general whatever the content that BATOU XYZ INCORPORATED deems inappropriate. In general that contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection, and intellectual and industrial property rights. Likewise, BATOU XYZ INCORPORATED reserves the right to remove, without notice from the website or the corporate social network, those contents deemed inappropriate. Communications sent through social networks will be incorporated into a file owned by BATOU XYZ INCORPORATED, and may send you information of interest. In any case, if you send personal information through the social network, BATOU XYZ INCORPORATED will be exempt from liability in relation to the security measures applicable to this platform, which is the Users’ responsibility to know, by checking the corresponding conditions particular to the network in question.
SECURITY MEASURES
The information you provide will be processed confidentially. The Provider has adopted all the technical and organisational measures and all the levels of protection necessary to guarantee the security in the processing of the data and to avoid its alteration, loss, theft, processing or unauthorised access, according to the state of technology and nature of the stored data. Likewise, it is also guaranteed that the processing and registration in files, programs, systems or equipment, premises and centres comply with the requirements and conditions of integrity and security established in the current regulations.
LANGUAGE
The language applicable to this Privacy Policy is English. Therefore, in case there is any contradiction in any of the versions provided in other languages, the English version will have prevalence.
PUBLICATION OF YOUR TESTIMONIAL
In the event that the User wants to publish their testimonial on the web, we inform you that the information provided will be processed to address the proposed suggestions, experiences, or opinions regarding the products and/or services to be published on the website and thus be able to help other Users. The data will be kept as long as there is a mutual interest to maintain the end of the agreement and when it is no longer necessary for this purpose, it will be deleted with adequate security measures to guarantee the pseudonymization of the data or total destruction of the data. The testimonials will be published on our website. The only personal data that will be published about the testimonial will be your name.
CHANGES IN THE PRESENT PRIVACY POLICY
BATOU XYZ INCORPORATED reserves the right to modify this policy to adapt it to new legislation or jurisprudence dispositions (case law).
LEGISLATION
For all purposes, the relationship between BATOU XYZ INCORPORATED and the Users of its telematics services, present on this Website, are subject to the estate of Delaware legislation and jurisdiction to which the parties expressly submit, being competent for the resolution of all conflicts arising or related to their use the Courts and Tribunals of the city of Dover (Delaware).
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