Terms & Conditions
Last Update: September 4th, 2018
The owner and data controller of this website is Agathe Kempa (from now on AgataCreate), resident of C/ Saluet, number 2/A1, Puerto d’Andratx, postal code 07157, Balearic Islands, Spain, with TAX-ID/NIE number Y3633102-J and VAT-ID/NIF number ESY3633102J.
Contact email: agatacreate(at)gmail.com
The use of this website gives you the condition of “User”. That means that you accept the terms and conditions established below.
2. External Links
It may be possible that the AgataCreate website sends you to other sites, for example Dropbox when you download our free content. However, AgataCreate does not control those sites or its content, which in fact are subject to its own terms and conditions. AgataCreate is not responsible about the quality, truthfulness or accuracy of those sites.
3. Intellectual and Industrial Property
The design of the AgataCreate website and the content, trademarks and logos contained therein are owned by or licensed to AgataCreate, subject to copyright and other intellectual property rights under the law. As a User, you agree to not engage in the use, copying or distribution of any of the website contents other than expressly permitted herein. Any free content provided by AgataCreate, for example the “Freebies”, can only be used for your personal projects. Any commercial use of the free content is not allowed without the express authorization of AgataCreate.
AgataCreate includes a “Shop” section where you can check the products and content available for sale.
However, the “Shop” section works just as a portfolio. For this reason the sales are not done through AgataCreate but the Creative Market platform, according to its licenses and shopping process. Although you can contact AgataCreate about any purchased content, any possible refund request will only be handled by the CreativeMarket platform.
AgataCreate also has an Etsy shop, with it own terms and conditions.
You can subscribe to the newsletter of AgataCreate from any page of the website.
If you consent to it, we will only send you content related to AgataCreate news and content, nothing else. In any case, you will be able to unsubscribe from the list from the email itself or contacting us at agatacreate(at)gmail.com
You agree that you will only use an email from a third person to subscribe to the newsletter if you have express consent from that person.
As far as the law allows, AgataCreate can not be held responsible for: a) any mistakes or omissions in the content of this website; b) the unavailability of the website or; c) the transmission of malware through the content of the website, despite taking all the necessary technological measures to prevent it.
AgataCreate reserves the right to make unannounced changes that it deems appropriate for the website. That means that AgataCreate can change, delete or add content and services provided through the site. In addition, these terms and conditions may be updated. Amendments shall enter into force upon its publication.
This Privacy clause governs the compilation, processing and use of the personal and non-personal information as a User of AgataCreate, from the effective date established in the heading. AgataCreate does not sell your personal information to third parties and will always ask for your consent before using your data on any different purpose of the ones established on this clause. For the processing of your personal data, AgataCreate complies with national and european law, as well as any additional norms. For this reason, AgataCreate adopts the required technical and organizational measures to avoid the loss, modification, improper use, non authorised access and theft of the personal data provided. Always in accordance with the estate of technology, the nature of the data and the risks to which it is exposed.
8.2. Data collected
You can browse the website and use some basic communication features without creating an account. However, if you want to purchase some content, you will have to provide some personal information to provide the order.
The (personal and non personal) information collected by the AgataCreate will change according to that.
The personal and non personal information collected by the AgataCreate will be provided through three different ways: 1) the one collected automatically 2) the one that you provide voluntarily and 3) the one provided by third parties.
8.2.1. The one collected automatically
This information will consist of:
The information compiled by cookies and similar technologies stored in your device, always with your consent. Check out our Cookie clause for more information.
The IP from where you are connecting, the device used and its characteristics, the operating system and web browser used, the language, country, time and date of the request, the reference URL or mobile network used, among others.
Data about your use of the AgataCreate and possible bugs or errors detected during its use.
8.2.2. The one that you provide voluntarily
This information will consist of:
The one required by AgataCreate and Creative Market to purchase one of the products offered through the platform, having to provide your basic profile info. In any case, AgataCreate does not have access to your email or payment info from Creative Market.
The information contained in the messages sent through the contact channels, here or in Creative Market, or when subscribing to our newsletter. For example your name, alias or email.
8.2.3. The one provided by third parties
This information will consist of:
The one provided by payment systems for a credit or debit card, such as the time of the purchase or its amount.
8.3. Rights and purposes
You should know that the fulfillment of any form is voluntary. In any case, the unfulfillment of the required fields could limit or make impossible the use of AgataCreate. The personal data that you provide us will be collected and processed by AgataCreate, identified in clause 1. This way, your requests can be attended, the service provided and you will be informed through electronic means about our activity and services.
At any moment, you can exercise your rights of access, rectification, erasure, restrict processing, data portability and objection of your personal data through email at: agatacreate(at)gmail.com or via postal mail at: C/ Saluet, number 2/A1, Puerto d’Andratx, postal code 07157, Balearic Islands - Spain. In both cases, we will need your name and surname, as well as a copy of your national ID document.
Here you can find the forms to exercise these rights.
In the event that you have granted consent for a specific purpose, you have the right to withdraw the consent at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal.
In addition, if you consider that there is a problem with the way in which AgataCreate is handling your data, you can direct your claims to the corresponding data protection authority.
8.4. Use of the Data
The data provided to AgataCreate will be used:
To attend your requests (being our legitimate interest the lawful basis).
To process your purchases and payments (being the contract the lawful basis).
To send you through email, if you have previously consent to it, our newsletter and content (being your consent the lawful basis).
You will be able to unsubscribe from those emails through the email itself or contacting us at: agatacreate(at)gmail.com.
8.5. Data retention
Here you can check for how long we keep the personal data collected by AgataCreate:
The disaggregated data will be preserved without a deletion period.
The data from your purchases is processed by Creative Market.
The subscribers' data to the newsletter will be kept from the moment the user subscribes until they unsubscribe.
The data of users uploaded by AgataCreate to pages and profiles in social networks will be kept from the moment the user offers his consent until he/she withdraws it.
8.6. Instagram page
AgataCreate is responsible for the content of its Instagram page.
Which user data Instagram collects is not known to AgataCreate. AgataCreate does not gain full access to such collected user data or any user profiles. AgataCreate can only access public profile information. Which information you share as public can be adjusted via your Instagram settings.
AgataCreate receives from Instagram anonymous statistics about the usage of our page. For example, the following anonymous information will be provided to AgataCreate:
Follower: number of persons following AgataCreate – including growth and development over a defined time frame.
Range: Number of people who see a specific contribution. Number of interactions on a post. For example, you can deduce which content in the community is better than other.
Advertisement performance: In we use ads, how much does AgataCreate cost a click? How many people have seen an ad?
Demography: Average age of visitors, sex, place of residence, language.
Those statistics are used to steadily improve our Instagram online content and to better respond to the interests of our users. We cannot link statistical data with the profiles of our fans or individual users. You can use your Instagram settings to decide in which form you would display targeted advertisements.
AgataCreate receives via Instagram personal data if you actively transmit your data by sending a personal Instagram message. We use the provided data (e.g. name, surname, VIN) to respond to your query. Your data will be saved for this purpose in our CRM system.
AgataCreate also receives via Instagram personal data of you if you are using a pre-filled web form. This form uses data of your profile. To send the data to us you actively have to click a “Send” button.
9.1. What is a cookie?
A cookie is a text file that is sent to the web browser on your computer, mobile or tablet and used to store and retrieve information about your browsing habits. For example, as a way to remember your username and password or the language in which you want to check the website.
9.2. What type of cookies are there?
According to the sender
First party cookies: These ones are sent to your browser from our computers or web domain.
Third party cookies: These ones are sent to your browser from a computer or web domain that we do not manage directly, but from a collaborating third party as for example Google.
According to its lifetime
Session Cookies: These ones just remain on your device until you leave the website.
Persistent Cookies: These ones remain on your device for a certain period of time, so every time you visit our website your browser can access them. These cookies stop working past a certain date.
According to its purpose
Technical Cookies: These ones improve the browsing and the performance of the site.
Personalized Cookies: These ones allow us to remember your personalized choices every time you visit the site.
Analytic Cookies: These ones can measure and statistically analyze the use of the website.
Cookies used by AgataCreate:
9.3. How to configure and disable cookies
You can allow, block or delete cookies installed on your device from your web browser. If you do not allow the installation of cookies on your device, it may worsen the browsing experience of this site. Here you can find how to configure cookies in each browser:
In case of contradiction between the English and Spanish versions of the terms and conditions, the English version will be preferred.
11. Law and arbitration
Unless noted otherwise, this contract is subject to Spanish Law and the parties will be subjected to a legal arbitration with the Chamber of Commerce and Industry from Majorca.