1.- Website owner. Identification data : The owner of the domain and the website https://fba-hero.com/, as well as all the subdomains and directories included in the website (hereinafter, jointly referred as the “Website”, the “Web” or the “Platform”) is the company  “Servicios Electrónicos de Gestión Administrativa, S.L.”, located at El Campello (Alicante), C/ de Versalles, 3C, C.P. 03.560,  duly registered at the Mercantile Registry of the Alicante province,  Volume 3741, Sheet 157, First inscription, Page A-138003 and C.I.F. B54751110. Contact e-mail: hello@fba-hero.com. Hereinafter, FBA-HERO.

2.-  Use of the Website: FBA-HERO puts at disposal of the user, through the Web different contents in the different sections that compose it, by which, basically information is provided to the user about the products and/or services offered through the Web and which might be acquired electronically in the e-commerce or online shop  to be found in the “PRICING” section of the start menu.

BLOG: The user shall have access to information and articles published by FBA-HERO related to the activity of the sale of products through the Amazon  marketplace, as FBA (Fulfillment by Amazon).

PRICING: In this section, FBA-HERO offers the user different products related to the management and administration of the sales by FBA sellers (Fulfillment by Amazon) through the Amazon platform, with contracting  subject to the terms and conditions of contract published in the Web.

The access to the Web and its use is open and free of charge, but it is subject to the present terms of use, which the user accepts merely by accessing the Web.

The user declares to be of legal age and to have legal capacity necessary to be bound to the present terms, expressly accepting without exceptions that the access and use of the Web, its services and contents is made under his/her lone and exclusive responsibility.

Should the user not agree with the content of the present terms of use, he/she shall abandon the Web, not being able to enjoy the services and/or contents offered though said Web.

At all times, the user agrees to make an adequate use of the Web resources, in accordance with the provisions of the present terms, ethical standards, public order, good practice and current legislation, without damaging or harming the owners of the Website or any third party, so the user commits not to use the contents and/or services  offered through the Web to carry out illicit, unlawful activities or contrary to the good faith or public order; disseminate content or propaganda of a racist nature, xenophobic, pornographic, advocacy of terrorism or undermining human rights; to cause damages in the physical or logical systems of FBA-HERO, of its suppliers or third parties, to introduce or disseminate in the net computer viruses or any other physical or logical system able to cause the aforementioned damages; try to access and, in its case, to use the electronic mail accounts of other users and/or modify or manipulate their messages.

In some pages of the Web, it might occur that the user may participate, being able to remit comments through a form established to such purpose. In that case the user also must respect the applicable regulation, the morality, the good practices, the public order and the present terms of use, remitting only lawful and truthful opinions and comments, related to the theme of the Website, granting FBA-HERO a license as broad as required by the law for the publication of user comments online.

It is absolutely forbidden to send libelous, abusive, injurious, offensive,  insulting, xenophobic, obscene, threatening or discriminatory comments, contents or links, as well as those pursuing an advertising, commercial or promotional purpose of any kind.

FBA-HERO reserves, in any case, the right not to publish or to remove any of the comments sent by any user which is not in compliance with the present terms of use of the Web.

FREE CONSULTANCY: In this section, the user may arrange an appointment via Skype with any of the team members of FBA-HERO which appear published at the Website at the dates and hours displayed as available. To such effect, the user shall provide his/her name and surname, as well as his/her electronic mail address and he/she shall read and in case of agreeing, to accept the terms of use and the privacy policy.

It is possible that the appointment may be cancelled by the FBA-HERO team member for reasons beyond his/her control, giving notice to the user through electronic mail.

3.- User registration:  Neither the registration of the user nor the creation of a customer account are required.

Nonetheless, the user wishing to contract any of the products and/or services offered in the Website, shall provide the following data: Name and surname, company name (in its case), e-mail address, country, mail post address and VAT number for customers registered in the VIES (Vat Information Exchange System), including the two letters corresponding to each country. It is mandatory to fill those fields marked with an asterisk for us to be able to attend the user request. Once all the required data are completed and the terms of use, privacy policy and conditions of contract have been read and accepted, the user may send his/her data to FBA-HERO.

The system offers to the user the possibility to create a customer account, filling the check box provided to the effect and indicating a password of his/her choice, which shall grant access to a dashboard where he/she may view recent orders, manage the invoice address and edit the password details and the account, without having to introduce the data each time he/she wishes to place an order.

4.- Responsibility of the user due to provided data: The user is the lone and exclusive responsible of the data provided to FBA-HERO being update, complete and of course being exact and accurate. FBA-HERO in any case shall be responsible for the  unfulfillment of such requirements in the provided data.

The user shall provide his/her due diligence to avoid the access and/or use of the Website by third parties with his/her own access codes, having also in this case, the exclusive responsibility of the choice, loss, theft or unauthorised use of his/her user name and/or password and the consequences to be derived. It is recalled that the user name and password are personal and non-transferable.

Therefore, the user agrees to communicate immediately to FBA-HERO the loss of the user name and/or password, regardless of its cause, as well as any threat or detriment to its confidentiality, being held liable, otherwise, of any damages caused by the means of verified access through that access codes.

The user may unsubscribe at any moment as registered user of the Web, communicating such fact through electronic mail to the address:  hello@fba-hero.com, provided that there is not current contractual relationship.

5.- Contract of the services and/or products of FBA-HERO: The user wishing to contract any of the services and/or products offered in the Web, shall enter into the   “PRICING” section and place the order in accordance to the Terms & Conditions of contract.

6.- Disclaimer of guarantees and responsibility related to the functioning of the Web: FBA-HERO shall not be, under any case responsible of the occasional and/or temporary lack of operability or availability of the Website related to causes not attributable to FBA-HERO; of the eventual damages to be derived of such lack of operability and/or availability, without prejudice of FBA-HERO making the effort to guarantee the availability and operability of the service; of the eventual errors or shortcomings of security to be produced derived of the utilization on the user part of an outdated or unsecure version of a browser, as well as any other cause only attributable to the user.

7.- Intellectual and Industrial Property: FBA-HERO holds every right over the content, design and source code of the Website, specially, including but not limited to, over the images, photographs, texts, logos, designs, trademarks, brand names, data included in the Web, menu overview, graphs, colours, tools, and so on.

All the programs used for the development of the Website are owned by FBA-HERO or its providers. The aforementioned is protected by the national and international laws relative to the intellectual and industrial property.

It is expressly forbidden the total or partial reproduction, direct or indirect, in any support or form without the authorisation of FBA-HERO, also equally and totally forbidden the copy, reproduction, adaptation, modification, distribution, commercialization, public communication, put at disposal or any other infringement of the national or international regulations in place.

To the effects of being able to preserve the possible intellectual or industrial property rights, in the case of any user or third party considers a violation of his/her legitimate rights has been produced as a result of the introduction of a determined content in the Website, he/she shall notify such circumstance to FBA-HERO, through electronic mail to the address hello@fba-hero.com , stating:

– Personal data of the concerned holder of the rights allegedly infringed. If the claim is presented by a third party different from the concerned, he/she shall provide evidence of the representation to intervene.

– Indication of the contents protected by the intellectual or industrial property rights, and its location on the Website.

– Evidence of the said rights of intellectual or industrial property rights.

– Express statement in which the concerned takes responsibility of the accuracy of the informations provided in the notification.

The legitimacy of the intellectual or industrial property rights corresponding to the contents provided by third parties is of the exclusive responsibility of said parties.

The access to the Website does not grant to the user any right, nor ownership over the intellectual or industrial property rights of the corporate elements.

8.- Linking Policy:

8.1.  Linking from other webs: Those who intend to link or link from a website for another web portal to any of the web pages of FBA-HERO shall be subject to the following conditions:

– It is not allowed the total or partial reproduction of any of the services nor contents of the Website, nor the establishment of deep-links, nor IMG links or image links, nor frames with the FBA-HERO Website without prior express written authorisation.

– False, inexact, incomplete or inaccurate statements about the FBA-HERO Website shall not be made, nor about the services or contents of the Web. Except those signs part of the link, the website establishing the link shall not contain any brand, trading name, shop sign, denomination, logo, slogan or other distinctive signs property of FBA-HERO,  barring express authorisation.

– The establishment of the link shall not imply the existence of any relationship between FBA-HERO and the owner of the web page or the portal which performs the linking, nor the understanding and approval of FBA-HERO of the services and contents offered in said web page or portal.

–  FBA-HERO shall not be responsible of the contents or services put at disposal of the public at the web page or portal from which the hyperlink is performed, nor of the informations and statements included in the aforementioned.

8.2 Links to other webs: The FBA-HERO Website may put at disposal of the user links to another websites managed and controlled by third parties, with the exclusive purpose of facilitating the search of information, contents and services at the web to the users, in any case it shall be considered that said websites are managed by FBA-HERO, as FBA-HERO neither commercializes, nor rules, nor previously controls, nor makes its own the contents, services, informations and statements available in said third parties websites.

FBA-HERO shall not undertake any type of responsibility, even in an indirect or subsidiary manner, for the contents, informations, communications, opinions or services linked from those websites not managed by FBA-HERO and resulting accesible through the Web, nor guarantees the absence of viruses or other elements in the aforementioned that may produce alterations in the computer system (hardware and software), in the documents or the files of the user, excluding any responsibility for damages of any kind caused to the user due to this motive.

9.- Unfulfillment. Right of Exclusion: Any unfulfillment of the present terms of use shall be susceptible of prosecution, as well as any improper use of the Web, FBA-HERO shall be able to exercise every legal action available in pursuit of its legitimate interests. FBA-HERO reserves the right to deny or withdraw the access to the Web, without prior notice, at its own request or that of a third party, to those users infringing the present terms of use.

10.- Modification of the present terms: FBA-HERO might modify at any moment the terms set forth herein, being duly published as here presented. Said terms of use shall be in force depending on its exposition and shall be in force until being modified by another terms duly published.

11.- Privacy Policy:

11.1. Purpose of the gathered data and consent to the treatment: The user is informed that, through the different registration forms provided in the Website, data are gathered, to be stored into a file owned by FBA-HERO, duly registered before the Data Protection Spanish Agency, with the exclusive purpose of:

  1. a) Attending the user request and in its case, to maintain, the business relationship derived of the contracting of the products and/or services offered through the Website, as well as the management, administration, information, provision and improvement of such services.
  2. b) Remitting bulletins or newsletters, new entries (posts) of FBA-HERO Blog.
  3. c) Sending commercial communications of promotions and/or advertisement of the Website and the field of purchase of products/services through the Amazon

All fields of said entries marked with an asterisk are mandatory to fill, being impossible to realize the expressed purpose if those data are not provided.

FBA-HERO agrees to keep the utmost reserve and confidentiality about the information being provided and to only use it for the expressed purposes.

Only FBA-HERO, and the designated data processors, shall have access to the user data, and under no circumstances, these data shall be assigned, shared, transferred, nor sold to any third party.

The agreement with the privacy policy, through the filling of the acceptance check box provided to the effect shall be understood to all intents as a provision of express and unambiguous consent of the user to the personal data treatment in the terms provided in the present document.

11.2. Compliance of the applicable regulation: FBA-HERO complies with the guidelines of the Organic Act 15/1999, December 13th of Personal Data Protection (LOPD), the Royal Decree 1720/2007 December 21th which approves the Regulation of development of the said Organic Act (RLOPD) and the rest of the current regulation in force at each moment, ensuring to guarantee a correct use and treatment of the user personal data.

Likewise, FBA-HERO informs about the compliance of the Act 34/2002 July 11th, of Information Society Services and Electronic Commerce and shall request the user his/her agreement to the treatment of his/her electronic mail with commercial purposes at each moment.

11.3 Exercise of Rights of Access, Rectification, Cancellation and Opposition (ARCO rights): That natural person who had provided his/her personal data to FBA-HERO (interested or concerned) might exercise free of charge his/her ARCO rights, meaning, the rights to access, to rectify, to cancel or to oppose regarding to the data stored in its files, which basically consists in the possibility of the user to contact FBA-HERO at any moment to know which data of his/her own are subject to treatment, to rectify errors or to modify any inaccurate or incomplete data, to request its removal if those result inadequate or excessive or to request his/her data not to be treated.

The individual concerned shall remind that the cancellation shall not be possible when the personal data must be conserved during the planned terms in the contractual relationships between the individual concerned and the entity responsible of the treatment.

The individual concerned might exercise his/her rights through written notice directed to FBA-HERO with the reference “Data protection/FBA-HERO”, specifying his/her data, and the reasons of the request at the following mail post or electronic mail:

FBA-HERO

Servicios Electrónicos de Gestión Administrativa, S.L.

C/ de Versalles, 3C

El Campello (Alicante),  C.P. 03.560

Correo-e: hello@fba-hero.com 

            11.4. Security measures: FBA-HERO implemented the technical and organisational security measures to ensure the security of the gathered personal data and to prevent its alteration, loss and unauthorised treatment and/or access, in line with the current state of technological developments, the nature of the stored data and the risks to which they are exposed, coming from human action or physical or natural environment.

In detail, the FBA-HERO Website has in place a hypertext transfer protocol which is the safe version of http, coding the session with a digital certificate. Said security certificates are known as SSL (Secure Sockets Layer).

11.5. Links: As a service for the visitors, the Web might include hyperlinks to other sites not operated or under the control of FBA-HERO. As such, FBA-HERO shall not guarantee, not takes responsibility of the legality, reliability, usefulness, veracity and actuality of the contents of such websites or its privacy practices. The user is asked  to take into account the possibility of privacy practices being different of the established in the present document, before providing his/her personal data to those sites different to FBA-HERO.

11.6. Modification of the Privacy Policy: FBA-HERO reserves the right to modify its privacy policy, always in accordance to the current regulations or due to legislative,  legal precedent or legal doctrine changes of the Data Protection Spanish Agency.

Any modification of the Privacy Policy shall be published at least ten days before entering into effect. The use of the Web after said changes, shall imply the acceptance of the aforementioned.

11.7. File controller, and data processors: The file controller is the mercantile “Servicios Electrónicos de Gestión Administrativa, S.L.”

As external data processors of FBA-HERO, contracted in accordance to the provisions of the article 12 of the Organic Act 15/1999 of Data Protection are:

– ALL-INKL.COM – New Media Munnich – Owner René Munnich – Hauptstraße 68, D-02742 Friedersdorf Ust-ID: DE212657916, +49 35872 35310, Fax: +49 35872 35330. Electronic mail: info@all-inkl.com, providing hosting services. The privacy policy and the remaining legal details of said company may be checked in the following link:  https://all-inkl.com/datenschutz/

– The Rocket Science Group, LLC  (Trading as “MailChimp”), located at 675 Ponce de León Ave NE, Suite 5000, Atlanta, GA 30308, providing us services of mail marketing campaign creation. The personal data provided through the forms in the Web, are treated for the delivery of commercial or informative communications through the use of the tool provided by said company, implying that the introduced data are transferred to the servers of the aforementioned company, supposes an international transfer of data to the United States, which the user expressly agrees to with the acceptance of the present privacy policy. The privacy policy and the remaining legal details of said company may be checked in the following link: http://mailchimp.com/legal/

Notwithstanding that agreement to the international transfer of data and in accordance with the notice of said company in its privacy policy, MailChimp participates and has certified its compliance with the framework of the agreement  between the US and the European Union denominated Privacy Shield, undertaking the commitment to submit every personal information received from member states of the European Union to the principles derived of the Privacy Shield.

You may obtain further information about the Privacy Shield in the web of the United States Department of Commerce: https://www.privacyshield.gov/welcome

Likewise, you may find a list of the companies member of the Privacy Shield in the following link:  https://www.privacyshield.gov/list

-The companies that, in its case, FBA-HERO outsources the provision of the offered services.

The compliance of the regulations related to personal data has been requested to said companies at the moment of contracting.

12.- Cookies Policy:

12.1. Overview: A cookie is a text file that the server of this Website sends to the device (computer, laptop, smartphone, tablet

and so on) of the user accessing the web, to store and recover information about the navigation realized from said equipment. Different types exist:

  1. a) Depending on the managing entity: Depending on which is the entity that manages the equipment or domain from where the cookies are sent and treat the obtained data, we might distinguish:

– Own cookies: Cookies sent to the device of the user from an equipment or domain managed by the publisher himself and from where the service requested by the user is provided.

– Third party cookies: The cookies that are sent to the device of the user from an equipment or domain not managed by the publisher, but by another entity which treats the data obtained through the cookies. In the case of the cookies being installed from an equipment or domain managed by the publisher himself but the information gathered through those being managed by a third party, those shall not be considered as own cookies.

  1. b) Depending on the time period the cookies remain activated: Depending on the period of time those remain activated in the device we may distinguish:

-Session cookies: A type of cookies designed to gather and store data while the user enters into a web page. Those are often used to store information only retained for the provision of the service requested by the user at a single time. (i.e. a list of acquired products).

-Persistent cookies: A type of cookies in which the data remain stored in the device and may be accessed and treated during a defined period by the cookie responsible, and can span from just some minutes to several years.

  1. c) Depending on its purpose: According to the purpose pursued with the use of cookies, we may distinguish:

-Technical cookies: The cookies that allow the user to browse through a web page, platform or application and to use the different options or services thereof such, as example, control traffic and data communication, identify the session, to access to parts of restricted access, remind the elements integrating an order, to perform the purchase process of an order, to perform the request of subscription or participation in an event, to use security elements during the browsing, to store contents for broadcast of video or sound or to share contents through the social networks.

-Personalization cookies: The cookies that allow the user to access the service with some general predefined features depending on a set of criteria in the device of the user such as the language, the type of browser used to access the service, the regional setting from where the user enters into the service and so on.

-Analytic cookies: Cookies allowing the responsible of the aforementioned to track and analyse the behaviour of the users of the website related to the cookies. The information gathered through this type of cookies is used to measure the activity of the websites, application or platform and to elaborate browsing profiles of the users of said sites, applications and platforms, with the purpose of introducing improvements according to the analysis of the data related to the use made by the users of the service.

-Advertising cookies: Cookies that allow the management, as efficiently as possible, of the advertising spaces which, in its case, the published had included in a website, application or platform from where provides the requested service in accordance to a set of criteria like the published content or the frequency in which the advertisement is showed.

– Behavioural advertising cookies:  Cookies that allow the management, as efficiently as possible, of the advertising spaces which, in its case, the publisher had included in a website, application or platform from where provides the requested service. These cookies store information about the behaviour of the users obtained through the systematic tracking of his/her browsing habits, which allows to develop an  specific profile to show advertisement in accordance with it.

Through this link a guide of the cookies edited by the Data Protection Spanish Agency may be accessed.

http://www.agpd.es/portalwebAGPD/canaldocumentacion/publicaciones/common/Guias/Guia_Cookies.pdf

12.2. Cookies used by FBA-HERO: FBA-HERO uses different types of cookies:

  1. a) Own cookies (sent to the device of the user from the domain managed by FBA-HERO): technical and security cookies, which use is not required of prior notice.
  2. b) Third party cookies (those sent to the device of the user from an equipment or domain not managed by FBA-HERO)

Google Analytics: Analytics Cookies

In the following link more information regarding the use Google makes of the Google Analytics cookies:

https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage?hl=es&csw=1

Hotjar: Analytics Cookies: Tool which reveals the behaviour of the Web visitors, combining analysis and feedback, with heat maps, contextual surveys, conversion funnel analysis, all of this anonymised.

More information here: https://www.hotjar.com/privacy

WordPress Stats: WordPress Analytics Cookies.

On the following links more information about the use WordPress makes of the cookies may be found: https://en.support.wordpress.com/stats/ and https://automattic.com/privacy/

New Relic: Analytic Cookies

On the following link more information about the privacy policy of New Relic may be found:https://newrelic.com/privacy

Optimizely: Analytic Cookies: A tool that allows to perform web performance testing, showing different versions of some of the pages of the Website to different groups of users and measuring the results of each version to be able to improve and optimize our contents and functionalities. Optimizely cookies identify unambiguously but in an anonymous manner each device accessing to the web to be able to perform the tests in an efficient manner (for example, not to show different versions of a same page in the same device).

On the following link more information about the use of cookies of Optimizely may be found:

https://www.optimizely.es/opt_out/

DoubleClick by Google: Google Advertising Cookies: used for audience research, obtaining information about the browsing, gathering data anonymously to be able to offer advertisement related to the performed browsing.

On the following link more information regarding the use Google makes of the DoubleClick cookies:

https://support.google.com/adsense/answer/2839090?hl=es

Facebook Custom Audience: FacebookAdvertising and behavioural advertising Cookies, which purpose is to direct advertisement to the user about the products or services previously visited by the user in a given page of the Web.

On the following link more information regarding the use Facebook makes of the Facebook Custom Audience cookies:

https://www.facebook.com/privacy/explanation

Social Plugins: Analytic Cookies (Facebook, YouTube, Twitter, LinkedIn, Instagram, Google+, and so on) which track the activity of the users of the Web.

            Social networks: External social networks Cookies: to allow the visitors to intercat with the content of different social platforms (Facebook, YouTube, Twitter, LinkedIn, Instagram, etc.) and generated exclusively for the users of said social networks. The terms of use of these cookies and the gathered information are regulated by the privacy policy of the corresponding social platform.

More information:

https://www.facebook.com/help/cookies/

https://www.google.com/intl/es_es/policies/technologies/types/

https://support.twitter.com/articles/20170521-el-uso-que-hace-twitter-de-cookies-y-tecnologias-similares#

https://www.instagram.com/legal/cookies/

https://about.pinterest.com/es/cookies-pinterest

Google Tag Manager: Google Tag Manager is a tag management system allowing to update the tags and code snippets of a website or mobile applications in an  easy and quick manner, like the aimed to traffic analysis and to optimize the marketing campaigns. It may add and update custom tags, from third parties of from Adwords,  Google Analytics, Firebase Analytics and Floodlight from the user interface of Tag Manager instead of changing the code of the websites.

More information at:

https://support.google.com/tagmanager/answer/6102821?hl=es

https://www.google.com/policies/privacy/

12.3. Information about blocking or disabling cookies: The user may- at any moment- manage the use of cookies through the installed browser in his/her device. On the following links information may be found about what cookies are installed in the user browser, to allow its installation, blocking or erasing from his/her equipment:

Google Chrome, at: http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647

Explorer, at: http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-internet-explorer-9

Firefox, at: http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we

Safari, at:       http://support.apple.com/kb/ph5042

Safari Mobile, at: https://support.apple.com/es-es/HT201265

Opera, at: http://help.opera.com/Windows/11.50/es-ES/cookies.html

Edge, at: https://privacy.microsoft.com/es-ES/windows-10-microsoft-edge-and-privacy

There are third party tools, available online, allowing the users to detect the cookies at each visited website and to manage the disabling.

The web browsers are the tools with the task to store the cookies and from this place the user may exercise his/her right to erase or deactivate the cookies. Neither this Web nor his/her legal representatives may guarantee the correct or incorrect handling of the cookies on the part of the aforementioned browsers.

In some cases it is necessary to install cookies so the browser does not forget the user decision not to accept the cookies.

The acceptance of the present cookies policy implies that the user has been informed clearly and completely about the use of storing and data recovering devices (cookies) and also that FBA-HERO is granted the consent of the user for the use of cookies as established in the article 22 of the Act 34/2002, July 11th,  of Information Society Services and Electronic Commerce (LSSI-CE).

For any doubt or inquiry regarding this cookies policy the user may reach FBA-HERO through the following electronic mail address: hello@fba-hero.com

  1. Governing law and jurisdiction: The present terms of use and privacy policy shall be governed by the Spanish law.

In case of dispute or controversy related to the application or interpretation of such terms and policies, the parts shall subject to the competent Courts in accordance to the current legislation.