LEGAL NOTICE INFORMATION SOCIETY SERVICES AND ELECTRONIC COMMERCE LAW

1. IDENTIFYING DATA: In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, Services Information Society and Electronic Commerce, then reflect the following data: the owner of www.marathondiamond.com is MARATHON DIAMOND TOOLS, SL, with CIF B 36,791,382 and address for these purposes in Camiño Chan da Cova, No 35, Villar, 36,815, Redondela (Pontevedra), with email contact: info@marathondiamond.com

2. USERS: The access and/or use of this MARATHON DIAMOND TOOLS, S.L. portal attributes the condition of USER, who accepts, from said access and/or use, the General Conditions of use herein reflected. The aforementioned conditions shall apply regardless of the General Contracting Conditions that may be mandatory.

3. USE OF THE PORTAL: www.marathondiamond.com provides access to a multitude of information, services, programs or data (hereinafter, “the contents”) on the Internet belonging to MARATHON DIAMOND TOOLS, S.L. to which the USER may have access. The USER assumes responsibility for the use of the portal. This responsibility extends to the registration that may be necessary to access certain services or contents.

In such registration, the USER shall be responsible for providing truthful and lawful information. As a consequence of this registration, the USER may be provided with a password for which he/she will be responsible, undertaking to make diligent and confidential use of it. The USER undertakes to make appropriate use of the contents and services that MARATHON DIAMOND TOOLS, S.L. offers through its website, undertaking not to use them for activities that may be unlawful, contrary to public order, national defense or public health.

In any case, MARATHON DIAMOND TOOLS, S.L. reserves the right to modify unilaterally, at any time and without prior notice, the structure and design of the Web site: to modify or eliminate services or contents as well as the conditions of access and/or use of the Web site.

Likewise, MARATHON DIAMOND TOOLS, S.L. reserves the right to modify at any time the present conditions of use, as well as any other particular conditions contained in the website www.marathondiamond.com.

4. PROTECTION OF PERSONAL DATA

In compliance with the provisions of the General Regulation (EU) 2016/679 on Data Protection, we inform the user that the personal data provided voluntarily, by any of our means of collecting information, will be incorporated into the automated processing activities of personal data owned by MARATHON DIAMOND TOOLS, S.L., in order to provide our services, as well as to keep you informed on issues relating to the activity of the company and its services. The fields marked with “*” are mandatory, so the non-completion of these fields will prevent the USER from enjoying some of the services and information offered on the Web. The data contained in them will be treated confidentially.

MARATHON DIAMOND TOOLS, S.L. fully complies with the current legislation on personal data protection, and with the confidentiality commitments inherent to its activity.

MARATHON DIAMOND TOOLS, S.L. has adopted the necessary technical measures to maintain the required level of security, according to the nature of the personal data processed and the circumstances of the processing, in order to avoid, as far as possible and always according to the state of the art, its alteration, loss, processing or unauthorized access. In order to carry out the aforementioned management, it may be necessary to transfer the data to data processors, collaborating companies and public administrations (which may verify the accuracy of the data).

In the event that the USER provides personal data, referring to natural persons other than himself/herself, the USER must, prior to the inclusion, inform them of the content of this clause, in accordance with the provisions of the General Regulation (EU) 2016/679 on Data Protection.

MARATHON DIAMOND TOOLS, S.L. as responsible for the Processing Activity, guarantees the exercise of the rights of access, rectification, deletion, limitation, opposition and portability of the data provided, in accordance with the provisions of the General Regulation (EU) 2016/679 on Data Protection, the USER may exercise the rights at any time, by sending a letter to the registered office, attaching a copy of the ID or Passport.

MARATHON DIAMOND TOOLS, S.L. guarantees that all commercial communications sent to its customers comply with current legislation.

Therefore, in compliance with Law 34/2002 of Services of the Information Society and Electronic Commerce and Law 9/2014 General Telecommunications, the USER is informed that MARATHON DIAMOND TOOLS, S.L. may send by electronic means information about products and services of interest to which you consent.

You may revoke this authorization at any time at info@marathondiamond.com.

5. USE OF COOKIES: The USER is warned that this website uses cookies. Cookies are small text files that are installed on the USER’s computer browser to record their activity, sending an anonymous identification that is stored in it, in order to make navigation easier, allowing, for example, access to USERS who have previously registered and access to areas, services, promotions or competitions reserved exclusively for them without having to register each time they visit. They can also be used to measure audience, traffic and navigation parameters, session time, and/or to monitor progress and number of entries. MARATHON DIAMOND TOOLS, S.L. will at all times endeavor to establish suitable mechanisms to obtain the USER’s consent for the installation of cookies that require it. Notwithstanding the above, it should be noted that in accordance with the law, it will be understood that (i) the USER has given his/her consent if he/she modifies the configuration of the browser by disabling the restrictions that prevent the entry of cookies and (ii) that the aforementioned consent will not be required for the installation of those cookies that are strictly necessary for the provision of a service expressly requested by the USER (by means of prior registration).

It may happen that some cookies used on this website are not related to MARATHON DIAMOND TOOLS, S.L.. This is due to the fact that some pages of the website have embedded content from third party websites (such as a YouTube video).

Because this content comes from another website, MARATHON DIAMOND TOOLS, S.L. does not control the configuration of these cookies. If you want to change your cookie setting preferences, you should consult the websites of such third parties for information.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY: MARATHON DIAMOND TOOLS, S.L., by itself or as assignee, is the owner of all the intellectual and industrial property rights of its web page, as well as of the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design..), being expressly forbidden its reproduction, distribution and public communication, including the making available of all or part of the contents of this Web page, in any support and by any technical means, without the authorization of MARATHON DIAMOND TOOLS, S.L.

The USER undertakes to respect the intellectual and industrial property rights owned by MARATHON DIAMOND TOOLS, S.L.. The USER shall refrain from deleting, altering, evading or manipulating any protection device or security system installed on the website.

7. DISCLAIMER OF WARRANTIES AND LIABILITY: MARATHON DIAMOND TOOLS, S.L. shall not be liable, under any circumstances, for damages of any kind that may be caused by, but not limited to: errors or omissions in the contents, lack of availability of the Web site or the transmission of viruses or malicious or harmful programs in the contents, despite having taken all the necessary technological measures to prevent it.

Deficiencies in the service, communication networks, problems resulting from the malfunction or use of non-optimized versions of any browser, possible security errors that may occur or possible damage that may be caused to the USER’s computer system, files or documents stored therein, as a consequence of the presence of viruses in the USER’S computer used for the connection to the services and contents of the Web site, telephone breakdowns, interferences, omissions or disconnections in the operative functioning of the electronic system caused by causes beyond the control of MARATHON DIAMOND TOOLS, S.L.; of the knowledge that unauthorized third parties may have of the type, conditions, characteristics and circumstances of access and use that the USERS make of the Web site and of the information and services. The illicit, negligent, fraudulent use, contrary to these General Conditions, to the good faith, to the general accepted uses or to the public order, of the website, its services or contents, on the part of the USERS.

8. MODIFICATIONS: MARATHON DIAMOND TOOLS, S.L. reserves the right to make unannounced changes it deems appropriate on the website, and may change, delete or add content and services provided through the same as the way in which they are presented or located on its website.

9. LINKS: In the event that www.marathondiamond.com contains links or hyperlinks to other Internet sites, MARATHON DIAMOND TOOLS, S.L. shall not exercise any type of control over said sites and content. Under no circumstances shall MARATHON DIAMOND TOOLS, S.L. assume any responsibility for the contents of any link belonging to an external website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity and constitutionality of any material or information contained in any such hyperlinks or other Internet sites.

Likewise, the inclusion of these external connections shall not imply any type of association, merger or participation with the connected entities.

10. RIGHT OF EXCLUSION: MARATHON DIAMOND TOOLS, S.L. reserves the right to block the access of a USER in the event of any indication of fraudulent use of the services offered without prior notice, at its own request or that of a third party, to those users who do not comply with these General Conditions of Use.

11. GENERAL: MARATHON DIAMOND TOOLS, S.L. will pursue the breach of these conditions as well as any improper use of its portal exercising all civil and criminal actions that may correspond to it by law.

12. MODIFICATION OF THE PRESENT CONDITIONS AND DURATION: MARATHON DIAMOND TOOLS, S.L. may modify at any time the conditions determined here, being duly published as they appear here. The validity of the aforementioned conditions will depend on their exposure and will be in force until they are modified by others duly published.

13. APPLICABLE LAW AND JURISDICTION: The relationship between MARATHON DIAMOND TOOLS, S.L. and the USER shall be governed by the Spanish legislation in force and any dispute shall be submitted to the Courts and Tribunals of Redondela.