Legal Information

 

 

 

LEGAL NOTICE


The owner of this website is CARRIER-E MOBILE, S.L. with C.I.F. B98568397, registered address C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia), and with the same address for notification purposes registered in the Registro Mercantil de Valencia, Volume: 9686, Book: 6968, Page: 26, Sheet: V 155855.

Access to and use of the CARRIER-E MOBILE, S.L. website is free of charge and requires the acceptance of the General Conditions of Use contract, with the exception of some services which have their own respective Specific Conditions Contracts. This legal information is supplemented by the CARRIER-E MOBILE, S.L. Privacy and Personal Data Protection Policy.

If they have any questions or wish to contact the company for any reason, users can get in touch with CARRIER-E MOBILE, S.L. using the email address info@hitsmobile.es or the following telephone number +34 6343 01212 or 1212.

 

 

GENERAL CONDITIONS OF WEBSITE USE


A) General Conditions of Website Use.
These general conditions regulate the access to and use of the website www.hitsmobile.es (from here on referred to as 'the site' or 'website'), the use of which implies the use of services from the information society and the company CARRIER-E MOBILE, S.L. with C.I.F. B98568397, registered address C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia), and with the same address for notification purposes registered in the Registro Mercantil de Valencia, Volume: 9686, Book: 6968, Page: 26, Sheet: V 155855.

By the expressions 'site' or 'website', the data, text, graphics, images, animations, music, videos, sounds and other elements included in the website are understood -in a delimiting but not limiting sense – and in general all the independent creations expressed via any media or platform, tangible or intangible that are susceptible or not to intellectual property laws in agreement with the Amended Text of the Intellectual Property Law.

Accessing the site gives the visiting user a series of rights and obligations in order to guarantee that they are able to enjoy the services and content that they find on the site and that CARRIER-E MOBILE, S.L. provides these to the user free of charge.

The visiting user is aware that they access and use site services and content under their sole and exclusive responsibility. The conditions of use can be obtained via the website. The user will use the services and content exclusively for their own private use and/or because there are a customer of CARRIER-E MOBILE, S.L. not making any later use of said services and content for profit or gain, direct or indirect. CARRIER-E MOBILE, S.L. makes the user aware of the following general conditions of use that the user accepts completely and fully simply by their access to the website and/or viewing its contents or using the services contained in the website. If these general conditions are amended, in whole or part, these new conditions will also be understood to be accepted in the manner previously described. However, the website user should view these general conditions periodically to note the different versions that may be included here, although it is recommended that the user views the conditions every time they access or make use of the website services and content.

In cases where users do not accept these general conditions or the specific conditions that regulate the use of a specific service and/or content intended for the website, users should abstain from accessing the website. The user should put in place adequate technical security measures to prevent undesirable acts occurring to their IT system, files or IT teams employed to access the internet and, specifically, the website, being aware that the internet is not entirely secure.

B) Aim of the website.
By accessing the site, the user can enjoy the use of diverse content and services provided by CARRIER-E MOBILE, S.L. or, in other cases, by third parties under the conditions they themselves determine.

In general, the services and content offered via the website are available in Spanish, English and German, without discounting the possibility – dependent on the judgment of CARRIER-E MOBILE, S.L. - to offer them in the rest of the official autonomous languages of Spain, in addition to any other language spoken in the European Union or outside of it. CARRIER-E MOBILE, S.L. can act unilaterally and without prior notice to change the offer, configuration, content and services of the site, as well as the site general conditions and the access to services provided, without affecting those available in the specific conditions that regulate the use of specific services and/or content for CARRIER-E MOBILE, S.L. customers and or/users of the website.

The cost of telephone access or other types of costs associated with accessing the website are the user's sole responsibility.

C) Confidentiality in the automated management of personal user information.
CARRIER-E MOBILE, S.L., guarantees the confidentiality of personal information provided by users and this information will be managed in accordance with the current legislation governing personal data protection: Law 15/99, of the 13th December, Personal Data Protection (LPDP from here on). The personal information collected via the website will be included in a database managed by CARRIER-E MOBILE, S.L. which will offer users, prior to them providing their personal information, access to the Privacy and Personal Data Protection Policy or to any other relevant information, that will allow them to give their informed, specific and unequivocal consent so that CARRIER-E MOBILE, S.L. can proceed to manage users' personal details.

D) Rights and obligations of the user.
The user can:

  1. Access free of charge available site content and services (without prejudice to the technical or specific conditions) without need for prior permission or prior registration for the services and content specifically for the customers of CARRIER-E MOBILE, S.L. which are established in these general conditions and in the specific conditions of said services.
  2. Use the available services and content for their own exclusively private use, without prejudice to the provisions of the specific conditions that regulate the use of a determined service and /or content meant for the customers of CARRIER-E MOBILE, S.L.
  3. Download a single copy of the website to be able to view it offline for personal and non-commercial ends.
  4. Make proper and legal use of the site, in accordance with the current legislation, morality, good practice and public order.

Under no circumstances can the user:

  1. Access or use the services and content of the site for ends that are illegal, injurious to the rights and liberties of third parties, or which can damage, harm or impede in any way the access to these services to the detriment of CARRIER-E MOBILE, S.L. or third parties.
  2. Use the services, their information or that of third parties, totally or in part, to promote, sell, contract, divulge or publicize without the prior and written permission of CARRIER-E MOBILE, S.L.
  3. Introduce information into the website or use the existing services on the site with the goal of threatening – directly or indirectly – the rights – and very specifically fundamental rights and public liberties – of other website users or CARRIER-E MOBILE, S.L., or that incites or promotes criminal, xenophobic, terrorist or degrading acts based on motivations of age, gender, religion or beliefs, or that is of a pornographic, obscene or violent nature or that is against the law, morality or good practice. To this effect, by information the following are understood, - with a delimiting but not limiting character-: text, graphics, images, videos, sounds, drawings, photographs, data, notes and other items.
  4. Include hyperlinks on their own personal or business websites to this website that are not limited solely and exclusively to the homepage of said site.
  5. Use the services and content offered via the site in a way that is contrary to the general conditions and/or the specific conditions that regulate the use of determined services and/or content, and that damages or infringes the rights of other users.
  6. Realize any action that impedes or makes difficult access to the site for users, as well as access from hyperlinks to the services and content offered by CARRIER-E MOBILE, S.L. or by third parties via the website.
  7. Use the website as a means of accessing the internet to commission actions that are illegal or contra the current legislation, morality, good practice and public order.
  8. Employ any type of computer virus, code, software, program, IT or telecommunications equipment that could cause harm or non-authorized alterations to the content, programs or systems accessible via the services and content offered on the website or in the IT systems, files and IT equipment of those using the services and content, or the non-authorized access to any content or services of the website.
  9. Delete or modify in any way the protection or identification devices of CARRIER-E MOBILE, S.L. or their legitimate owners that could contain content hosted on the website, or symbols which CARRIER-E MOBILE, S.L. or third party legitimate owners of the rights incorporated in their creations that are present on this website and which are subject to intellectual or industrial copyright.
  10. Include on websites they are responsible for or own "metatags" which correspond to brands, commercial names or distinctive signs that are the property of CARRIER-E MOBILE, S.L.
  11. Reproduce either totally or in part the website www.hitsmobile.es on another website, they cannot make frames that conceal or modify - in a delimiting but not limiting sense – content, publicity spaces and brands of CARRIER-E MOBILE, S.L. or third parties on the site www.hitsmobile.es or the site accessible via this site, whether their actions are related or not to acts of unfair competition or confusion.
  12. Create frames within a website that they are responsible for or own that reproduce the home page of www.hitsmobile.es and /or the pages accessible via said page, without the prior permission of CARRIER-E MOBILE, S.L.
  13. Include in a website that they are responsible for or own a hyperlink that creates a window or session in navigation software used by the website user in which are included brands, commercial names or distinctive signs of their ownership and via which are shown the home page of www.hitsmobile.es or any of the pages accessible via said page.
  14. Use the brand, commercial names, or any other identifying sign that is subject to intellectual or industrial copyright, without express and written prior authorization from their owner.
  15. Carry out any action which involves the reproduction, distribution, copying, rental, public communication, transformation or any other similar action that involves the amendment or alteration of all or part of the content or services of the site or the economic exploitation of these, without the prior and written permission of CARRIER-E MOBILE, S.L. or the third party who owns the intellectual or industrial copyright pertinent to the service or content of the site except in cases provided for in these general conditions or in the specific conditions that regulate the use of a service and/or content currently on the website.

E) Rights and obligations of CARRIER-E MOBILE, S.L.
CARRIER-E MOBILE, S.L. reserves the following rights:

  1. To change the conditions of access to the site, whether technical or other, unilaterally and without prior user notification, without prejudice to the provisions set down in the specific conditions that regulate the use of a determined service and/or content meant for CARRIER-E MOBILE, S.L. customers and/or website users.
  2. To establish specific conditions, and in certain cases, to set a charge or other requirements in return for access to determined services and/or content.
  3. To limit, exclude or make conditional access for users when they do not give all the correct user guarantees in keeping with the obligations and prohibitions that they have accepted.
  4. To end the supply of a service or content, without right to compensation, when it is illegal or contrary to the general conditions of the site, without prejudice to the provisions set down in the specific conditions that regulate the use of a determined service and/or content meant for website users.
  5. To change, delete or update all or part of the content and services offered via the site, without forewarning, without prejudice to the provisions set down in the specific conditions that regulate the use of a determined service and/or content meant for website users.
  6. To undertake whatever legal or judicial action necessary to protect the rights of CARRIER-E MOBILE, S.L. or third parties who offer their services or content via the site whenever necessary.
  7. To demand the due compensation resulting from improper or illegal use of all or part of the services and content offered via the site.

F) Use of cookies and activity database.
CARRIER-E MOBILE, S.L. can use cookies when a user navigates via the places and pages of the website. Such cookies will be used by CARRIER-E MOBILE, S.L. under the condition and with the ends described in their Privacy and Data Protection Policy.

G) Extent and limits of the responsibility of CARRIER-E MOBILE, S.L.
CARRIER-E MOBILE, S.L., will be exempt from any type of responsibility for harm or damage of any kind in the following cases:

  1. Impossibility or difficulty in connecting to the communications network via which the website is accessible, independent from the type of connection employed by the user.
  2. Interruption, suspension or cancellation of access to the website, both in terms of the availability and functional continuity of the site or its services and/or content, when it is due to a cause beyond the control of CARRIER-E MOBILE, S.L. or is a direct or indirect result of such a cause.
  3. CARRIER-E MOBILE, S.L. assumes no responsibility for services or content, nor for the availability or condition – technical or otherwise - nor the access to these, that are offered by third party service providers, specifically in respect to service providers from the society of information. By service providers from the society of information the physical or judicial persons who provide the following services to the public are understood:
    • Transmission via a communications network of data provided by the service recipient.
    • Access services to said network.
    • Data storage or hosting services.
    • Content or information supply.
    • Services to provide temporary copies of the data provided by users.
    • Facilitation of links to content of search engines.
  4. CARRIER-E MOBILE, S.L. at no time will assume responsibility for any harm or damage that could be caused by the information, content, products and services – in a delimiting but not limiting sense – provided, communicated, hosted, transmitted, exhibited or offered by third parties not owned by CARRIER-E MOBILE, S.L. - including service providers from the society of information – on a website that can be accessed via a hyperlink that appears on this site.
  5. Latter treatment or use of personal details made by third parties not owned by CARRIER-E MOBILE, S.L. or the relevance of the information requested by said third parties.
  6. The quality or speed of access to the site and the technical conditions that the user should meet in order to access the site, its services and/or content.
  7. CARRIER-E MOBILE, S.L. will not be responsible for delays or failures that occur in access to and/or the workings of the services and/or content of the website, due to a case of force majeure. "Case of force majeure" refers to all those causes that are unforeseeable, or though foreseeable are inevitable, and result in the non-fulfillment of any of their obligations. Amongst them, but not exclusively, are strikes, by their own workers and workers of other companies, uprisings or riots, rules made by any civil or military authority, natural disasters such as earthquakes, floods, lightning or fire, wars, lock-outs or any other occurrence of force majeure.
  8. The user of the site will be held personally responsible for any harm and damages of any type caused to CARRIER-E MOBILE, S.L. directly or indirectly, due to the non-fulfillment of any of the obligations set down in these general conditions or other rules that govern the use of the site.

H) Intellectual and industrial property.
The user is aware that the content and services offered via the site – including texts, graphics, images, animations, music, videos, sounds, drawings, photographs, all comments, statements and html code related to these, although this list is not limiting – are protected by the laws of intellectual and industrial copyright. The rights of the author and the economic exploitation of this site belong to CARRIER-E MOBILE, S.L. and/or third parties.

The brands, commercial names or distinctive signs that appear on the website are the property of CARRIER-E MOBILE, S.L. or of third parties and are protected by the current industrial property laws.

The supply of services and the publication of content via the site does not, under any circumstances, imply the ceding, resignation or transfer, total or partial, of the ownership of the corresponding intellectual and industrial copyright by CARRIER-E MOBILE, S.L. and/or their legitimate third party owners.

Under no circumstances can the user make a use of or use the services and content present on the site for any use other than that which is exclusively personal, except in the circumstances set down in the current general conditions of use of this site or in the specific conditions that CARRIER-E MOBILE, S.L. has established to regulate the use of a specific service and/or content offered via the website.

No part of this website may be reproduced, distributed, transferred, copied, publicly communicated, changed, in total or in part, via any manual, electronic or mechanic system or method (including photocopying, recording or any information recovery and storage system), via any medium currently known or that may be invented in the future, without the consent of CARRIER-E MOBILE, S.L. The use, using any method, of all or part of the site content remains subject to the requirement to request prior permission from CARRIER-E MOBILE, S.L. and/or legitimate third parties and the acceptance of the corresponding license, except in cases provided for in these general conditions - recognized and granted to the user - or set down in the specific conditions that CARRIER-E MOBILE, S.L. have established to regulate the use of a determined service and/or content offered via the website.

If action or culpable or negligent omission, direct or indirectly attributable to the website user, causes an infraction of the intellectual or industrial copyright of CARRIER-E MOBILE, S.L. or third parties – whether or not they profit – which occasion damages, losses, community obligations, expenses of any kind, sanctions, coercive measures, fines and other monies arising or deriving from any compensation claim, lawsuit, legal action, dispute or proceedings, whether civil, criminal or administrative, CARRIER-E MOBILE, S.L. will have the right to pursue the user by all legal means at their disposal and demand whatever amount of compensation – including but not limited to compensation for – damages to status and image, general damage and financial loss, publicity costs or any other kind that could result to make amends, charges from legal sanctions or censuring sentences, interest on arrears, the cost of funding all the amounts in which CARRIER-E MOBILE, S.L. may be damaged, the judicial costs and the cost of the defense in any process in which CARRIER-E MOBILE, S.L. may be sued for the aforementioned reasons, for the harm and damages caused due to the actions of omission, without prejudice to whatever other actions rightfully concern them.

I) Hyperlinks.
The use of hyperlinks on the website www.hitsmobile.es can only be authorized by CARRIER-E MOBILE, S.L. via written permission and only and always when the hyperlink conforms to the following conditions established by the current Conditions:

  1. The link should only allow access to the home page of this website.
  2. In order to avoid confusing website users it is forbidden to upload any page belong to the website www.hitsmobile.es in a section of another website divided into frames so that a distortion is created in the presentation of this website confusing internet users ("framing").
  3. Authorization to insert a link does not assume, in any case, consent to reproduce the visual and functional aspects ("look and feel") of this website.
  4. Similarly, the creation of an environment or navigation bar above the pages that make up this site is explicitly prohibited without prior authorization.
  5. Appearance of the link: the hyperlink can only be made up of text. Prior to the use of graphics or logos a license of use should be attained from CARRIER-E MOBILE, S.L. Whatever the case may be, the text should express clearly that it provides a link to the website www.hitsmobile.es. Generally, the appearance, visual effect, location and the characteristics of the hyperlink should show that it itself connects to the website of CARRIER-E MOBILE, S.L. and that it is independent and is not linked by any relationship, nor collaboration, association, sponsorship, working or any other type of relationship, to the website that contains the hyperlink.
  6. Any website that has a hyperlink to the website CARRIER-E MOBILE, S.L. must respect, without exception, these General Conditions of Use of the website www.hitsmobile.es, demonstrated by the use of faithful and accurate hyperlinks and compliance with any applicable legal requirements and the demands of morality and generally accepted good practice.
  7. In particular, the granting of authorization for the inclusion of hyperlinks to this website will be conditional upon the respect for human dignity and liberty. The website where the hyperlink is located must not contain any content or information that is illegal, contrary to morality, good practice or public order, nor may it have content that is contrary to any third party rights.
  8. Finally, it is forbidden to put hyperlinks to the website www.hitsmobile.es on a website with content, references or advice contrary to or incompatible with those that inspire the CARRIER-E MOBILE, S.L. website.

J) Protection of personal information.
When, in order to use some of the website services and prior to their use, users must give CARRIER-E MOBILE, S.L. certain personal details, CARRIER-E MOBILE, S.L. will treat such details with the objectives, and under the conditions, defined in their current Privacy and Data Protection Policy.

K) Duration.
Access to the contents of, and services offered via the site have, provisionally, an indefinite duration. However, CARRIER-E MOBILE, S.L., is authorized to end or suspend access to the site, the services and/or the content thereof at any time, without prejudice to the provisions made in these General Conditions or specific conditions that regulate the use of a determined service and/or content offered to website users.

L) Complete agreement.
These general conditions contain all the conditions agreed by the parties related to their aims. Any commitments or promises – verbal, written or implicit – made prior to these conditions and with the same aims will be considered non-existent. Should any of the affected parties at a particular moment not demand the fulfillment of any of the conditions established in these general conditions or in specific condition that regulate the use of a particular service and/or content provided to the website users, this cannot be interpreted by the other party as them relinquishing their rights to demand their fulfillment at a later date.

M) Nullity and cancellability.
In the case that any clause of these general condition, or any of the particular conditions that regulate the use of a particular service and/or content offered to the customers of CARRIER-E MOBILE, S.L., and/or the website users, becomes cancellable or null, totally or in part, this nullity or cancellability will not affect the validity of other clauses in the conditions which will remain completely effective and valid, with the exception of circumstances in which the party that alleges the nullity or cancellability proves that without the clause that is null or cancellable it is impossible to achieve the objectives that the current conditions seek to meet.

N) Legislation.
These general conditions are governed by Spanish law.

O) Jurisdiction.
The parties, expressly waiving their own jurisdiction, for the resolution of any law suits that may arise, refer to the Courts and Tribunals of Valencia Capital.

 

 

PRIVACY POLICY


1. Introduction.
In keeping with the provisions of the Law 15/1999 of 13 December regarding Personal Data Protection (from here on LPDP) CARRIER-E MOBILE, S.L. wants to make website users aware of the policy with respect to the treatment and protection of the personal details of those persons who voluntarily use email to get in contact with CARRIER-E MOBILE, S.L. or who use any other services on the website that involve the communication of their personal details to CARRIER-E MOBILE, S.L.

CARRIER-E MOBILE, S.L. informs the website user that this privacy policy covers all related aspects of the management of personal details that CARRIER-E MOBILE, S.L. carry out in their capacity as the manager of this process via the CARRIER-E MOBILE, S.L. website. If the user – after reading this document – continues to use the services, they will be demonstrating their express acceptance of this privacy policy and treatment of personal information. In all cases to the contrary CARRIER-E MOBILE, S.L. asks you to leave the website.

The user is informed that any processing of personal details will be governed by the current Spanish legislation regarding data protection, as establish by the LPDP and its complementary rules and amendments. For the purposes of this policy, by data of a personal nature the following will be understood: any information concerning physical persons identified or identifiable – including email data and/or IP address – and by user, any physical person identified or identifiable, who communicates their personal data to CARRIER-E MOBILE, S.L. via the use of whatever service of the organization's website, will be understood.

2. Registered details of the database manager.
CARRIER-E MOBILE, S.L. informs the website user of the existence of the processing of personal data whose manager is CARRIER-E MOBILE, S.L. with registered address C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia), where the personal information that users communicate to CARRIER-E MOBILE, S.L. is collected and stored.

3. Uses of personal data.
The users who access the website of CARRIER-E MOBILE, S.L. are not obliged to give personal information to use the site. However, CARRIER-E MOBILE, S.L. has – including but not limited to – sign-up forms that request the personal details of users for the following specific online services:

  1. Top up credit online.
  2. Check balance.
  3. Consult calls made.
  4. Register as a customer.
  5. Modify the password to access the space for customers.
  6. Consult user's personal details and contact details for user-customer communications and modify these same details.

Likewise, they can also consult specific conditions by clicking on this link. CARRIER-E MOBILE, S.L. does not generally ask for sensitive user information, in accordance with articles 7 and 8 of the LPDP, such as: data related to race or ethnic origin, religious beliefs, criminal record, physical or mental health or sexual orientation. Should we need sensitive information, the prior, informed and express consent of the user will be requested to collect and use this information with the aim of gathering and processing said information. In cases where for whatever reason – and without CARRIER-E MOBILE, S.L. having requested it – said information is communicated by the user voluntarily to the aforementioned organization for whatever reason, said communication will be presumed to be a demonstration of express consent on the part of the user to the processing of their details by CARRIER-E MOBILE, S.L.

4. Information and consent.
When the user does not have commercial interaction with CARRIER-E MOBILE, S.L., they should take into account and be informed that sending an email to CARRIER-E MOBILE, S.L. or the communication from the user to CARRIER-E MOBILE, S.L. of any other personal details entails or implies the giving of their free, unequivocal, specific, informed and express consent for the processing of data to be carried out to the following ends: to deal with and answer the communications received and/or carried out for management related to providing the services the interested user has asked for. If the user is not in agreement with these conditions, please abstain from sending email or communicating your personal details to CARRIER-E MOBILE, S.L.

The personal information will only be used for limited purposes, such as those listed previously and/or in a limiting manner, and should these arise, the interested parties will receive prior and unequivocal notification of the collection and processing of personal data.

In order to be able to provide the services offered via the website, CARRIER-E MOBILE, S.L. requests personal data from the website users via forms. In such cases, CARRIER-E MOBILE, S.L. includes an informative message in the data collection form, where all the conditions of the processing of personal data are shown in accordance with article 5 of the LPDP, in addition to stating whether responding to questions is mandatory or optional, the consequences of obtaining the data or refusing to provide it, the aims of the collection, the possible releases of data that will be carried out and, where necessary, requests for consent for the processing of personal details carried out.

5. Identification of the planned recipients of data from CARRIER-E MOBILE, S.L. from the release or communication of data.
CARRIER-E MOBILE, S.L. plans only to release or communicate data in accordance with article 11.2.c. of the LPDP which should be carried out to meet their obligations with the Public Administration in cases where it is required by the current legislation for each medium, at each moment and for each case, and to other Authorities with jurisdiction in the area of data protection, telecommunications and the society of information, Judges, Fiscal Ministry, Tribunals, Accounting Tribunal or the Public Ombudsman.

Equally, CARRIER-E MOBILE, S.L. will make the user aware of any other type of data release they must carry out. The user will be informed according to the LPDP timescales and in a express, precise and unequivocal way who are the recipients of the information, what the data is being used for, and the nature of the data released, or – in cases where the LPDP states as such – the user's prior, unequivocal, specific and informed consent will be requested.

6. Other recipients of information.
CARRIER-E MOBILE, S.L. advises the user that this organization is solely responsible for and guarantees the confidentiality and security of data and that its processing complies with the current policy governing the personal data collected from users via the website www.hitsmobile.es They take no responsibility for the processing and later uses of personal data that can be made by third party service suppliers from the society of information who could access said details to offer their services or in carrying out their normal activities.

By third party suppliers from the society of information, the following should be understood – but not in a limiting way – those physical or legal persons who provide the following services: (i) Transmission via a communications network of data provided by the recipients of the service. (ii) Access services to the aforementioned network. (iii) Data hosting or storage services. (iv) Supply of content or information.

Similarly, CARRIER-E MOBILE, S.L. will not be held responsible for data processing carried out by third parties who set up hyperlinks with CARRIER-E MOBILE, S.L. nor by website users.

7. Data quality.
CARRIER-E MOBILE, S.L. advises the use that, except in the instance of a legally established representative, no user can use the identity of another person and give their personal details. As a result, the user should always be aware that if they use email they can only include personal details that correspond to their own identity and that are appropriate, pertinent, current, exact and true. For this reason, the user will be the only person held responsible for any harm, direct and/or indirect caused to third parties or to CARRIER-E MOBILE, S.L. by the use of another person's details, or their own details when they are false, erroneous, out of date, inappropriate or irrelevant. Equally, the user who communicates the personal details of a third party will have to answer for their actions given the obligation to inform set down in article 5.4 of the LPDP relating to cases when personal details have not been provided by the affected party themselves and/or the consequences of not have informed them.

8. Details of minors and the infirm.
If the user is a minor or infirm, CARRIER-E MOBILE, S.L. will warn the user of the necessity to have the consent of their parents, teachers or legal representatives in order to supply their personal details. For this reason, CARRIER-E MOBILE, S.L. asks that they do not use the email services if they do not have the permission of their parents, teachers or legal representatives, as CARRIER-E MOBILE, S.L. is not responsible for the actions of minors or the infirm.

9. Data updates.
The user is the only source of personal data, and for this reason CARRIER-E MOBILE, S.L. asks them, so they can keep their records current and up to date at all times in accordance with the principles of the LPDP, to send any change in their personal data to the address provided for users to exercise their right of access, correction, cancellation and objection.

10. Exercising the right of objection, access, correction and cancellation of data.
CARRIER-E MOBILE, S.L. informs the user that they can exercise their right of access, correction, cancellation and objection via written petition to CARRIER-E MOBILE, S.L. at the following address: CARRIER-E MOBILE, S.L., (Ref. LOPD), C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia), or to any address that may replace this address and can be found in the General Register of Data Protection. To this end, the interested party should send the written communication to CARRIER-E MOBILE, S.L., indicating their request or the right they are exercising, with a copy of their DNI or a valid identity accreditation document.

11. "Cookies" and "Beacons".
To assure that the website is well administrated and to facilitate better navigation within the site, CARRIER-E MOBILE, S.L. and the supplier(s) of web services will user "cookies" (small text files stored in the user's web browser) or "web beacons" (electronic images that allow the website to count the number of visitors and users that have entered a particular website and accessed certain "cookies") to stores and collect information. CARRIER-E MOBILE, S.L. will use these tools to track information in their systems and categorize webs users using different criteria such as IP addresses, domains, browser type and pages visited. This information will be reported to the Webmaster of CARRIER-E MOBILE, S.L. who will use it to analyze the number of visitor and users to the different areas of the site and will assure that our site is both useful and effective as an information source.

Both "cookies" and "web beacons" store personal information such as names or email addresses. The majority of browsers allow users to reject "cookies". It is worth mentioning that in specific circumstances access to certain parts of our site may be denied to visitors and users whose browser does not allow the use of "cookies".

12. Adopted security measures related to personal data processing.
CARRIER-E MOBILE, S.L. informs the user that, in accordance with the LPDP and its amendment, it has adopted the technical and organizational measures necessary to guarantee the security of personal details and prevent their alteration, loss, processing or non-authorized access to them taking into account the status of the technology, the nature of the data stored and the risks it is exposed to, whether they come from human action or via a physical or natural medium, and details of a personal nature are only recorded in forms that meet the conditions determined by the Law with respect to their integrity and security and those of the processing centers, premises, equipment, systems and programs. Equally, CARRIER-E MOBILE, S.L. guarantees the user their compliance with the duty of professional secrecy with regards to users' personal details and the duty to keep them.

13. Advice to the user.
CARRIER-E MOBILE, S.L. recommends that users use the latest versions of computer programs for their internet browser given that these have better security measures.

Equally, CARRIER-E MOBILE, S.L. recommends the users use the security measures available to them (secure web servers, cryptography, digital signatures, firewall, etc.) to protect the confidentiality and integrity of their details by whatever means necessary, given the existence of the risk of identity theft or communication violation.

CARRIER-E MOBILE, S.L. reminds users that the internet is not secure. However, different measures exist, and are in development, that allow you to better protect your details. Therefore, use whatever means are at your disposal to protect your details and your communications, such as legally available encryption for confidential email and access codes for your own PC.

CARRIER-E MOBILE, S.L. advises users that whenever they share personal information via the internet via email, newsgroups, discussion forums, etc., to keep in mind that this information can be intercepted and used to ends that are not desired by users. For this reasons, CARRIER-E MOBILE, S.L. recommends that users find out about the confidentiality and privacy policies of the places they visit online.

CARRIER-E MOBILE, S.L. advises users to remember that, except when they use encryption devices, webmail is not secure. Email and discussion forums can be subject to identity theft and falsification, which you should always bear in mind when you use them. If you do not wish to publish you email address, configure your browser so that it does not leave your email address in the web servers of those forums you access.

14. Policy updates.
Occasionally, CARRIER-E MOBILE, S.L. will update this policy regarding privacy and the processing of the personal details of website users.

Any change to this policy will be published and advertised on the website of CARRIER-E MOBILE, S.L. and within the policy itself. Each user should take into account that the processing of their details is controlled – in the cases in which they are communicated to CARRIER-E MOBILE, S.L. - by the rules that are those established and current in the moment that you communicate your personal details to CARRIER-E MOBILE, S.L.

CARRIER-E MOBILE, S.L. reminds the user that, if they – after reading this document – continue to use the site services, they are showing their express acceptance of this privacy and personal data processing policy. In all cases to the contrary, CARRIER-E MOBILE, S.L. asks the user to leave the website.

15. Contact information.
CARRIER-E MOBILE, S.L. welcomes any comments the user may have in relation to this privacy and personal data protection policy. To make such a comment or to make an enquiry relating to the policy, the user can get in touch with CARRIER-E MOBILE, S.L. by electronic media or post to the following address:

info@hitsmobile.es
CARRIER-E MOBILE, S.L., C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia)

 

 

CUSTOMER REGISTRATION


Service Description.
The website www.hitsmobile.es (from here on, the site or website), features areas which only registered users can access where customized customer services are available. Access to these areas is managed by a username and password.

The customer registration service, regulated by the current specific conditions, allows the user to activate a user account to access the private area of the website.

Registering a customer on the website requires the communication, via an electronic form, of information necessary to allow the verification of the customer's identity. User registration is limited to those customers who have contracted telephone services from Hits Mobile and are not suspended from service.

Customer registration procedure.
A customer registration request is made by sending a web form from the website. An SMS is sent to all those customers who meet the defined requirements to sign up as a registered user on the website to their associated mobile phone number. This SMS contains their automatically generated password. The customer can change this password to a new one of their choice when they first log-in.

The username will be the same as the customer's Hits Mobile telephone number.

 

 

CHANGING THE CUSTOMER'S PASSWORD


Service description.
The web www.hitsmobile.es (from here on, the site or the website), features areas which only registered users can access where customized customer services are available. Access to these areas is managed by a username and password.

The change password service, regulated by the current specific conditions, allows users to request a new password to access the private area of the website.

Password change process.
The password change request generates a SMS containing a new randomly generated password which is sent to the user's telephone number. Once they have received this password, the customer can access their private area and change the password to one of their choice.

 

 

CHECK BALANCE/CHECK CALLS


Service description.
The website www.hitsmobile.es ((from here on the site, or the website), features areas which only registered users can access where customized customer services are available.

The check balance/check calls service, regulated by the current specific conditions, allows the user to check their balance information and details of their calls/messages sent/received from the number associated with the customer's account.

In the information shown in the check balance service the quantities are in euros. The amounts will be shown with or without direct or indirect taxes – however, it will always be made clear in each case whether taxes are included or not.

 

 

ONLINE TOP-UP


Service Description.
The online top-up system, regulated by the current specific conditions, allows top-ups of credit on prepaid Hits Mobile cards. The amount of each top-up made by the customer will be a minimum of five (5) euros and a maximum of fifty (50) euros (including taxes) and will be non-refundable in nature.

As a consequence, the accumulated balance available in the account – associated with the SIM card – can only be used to pay for services (voice, SMS, MMS, data and content) and under no circumstances will be returned to the customer by CARRIER-E MOBILE, S.L. in cash in amounts equivalent to the balance available in the account.

Top-up Process.
A customer who wishes to use the service must enter the required information in the form on the top-up page. The following details are all necessary to carry out the top-up and proceed to charging: the details that correspond to the phone number the customer wants to top up, the amount of the top-up, and the details of the bank card they want to use to make the payment.

When the operation has been completed a SMS will be sent to the telephone number showing the top-up amount. This amount will not include direct nor indirect taxes.

 

 

CONTRACT OF GENERAL CONDITIONS FOR PREPAID TELECOMMUNICATIONS SERVICE PROVISION


Intent.
As set out in the current contract, CARRIER-E MOBILE, S.L., with registered address C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia) (from here on the Provider) makes their Telecommunications Service (from here on the Service) available to the Customer, which consists of the means to make and receive telephone calls, send SMS and MMS messages and data, and other supplementary services including tracking management and access to content and value-added services provided directly by the Provider or by third parties, in a pre-paid format, using the network of an authorized operator (from here on the Network Operator). The Service is intended for the Customer as the final user of the Service. The re-selling of telephone traffic is not permitted, nor its marketing by any medium without the prior and express consent of the Supplier. Via the activation of the Service, the Customer accepts and complies with the present conditions.

The Customer receives a SIM card, which the Provider owns, that will allow them to access the Operator's exclusive mobile telephone Service. The Customer will also receive a secret personal identification number that should be entered into a handset from the Provider or in an unblocked handset to be able to use it. The Customer must keep this number confidential. The delivery of the SIM card to the Customer does not imply the transfer of its ownership. Though the Customer can use the SIM card they can only do so in order to access the Service and only during the period in which the service is active in agreement with the provisions of these general conditions. Similarly, the Customer will return the SIM card to the Provider if the Supplier tells them it is necessary or advisable to change it for technical reasons or to improve the service provided. The Provider reserves the right to limit the maximum number of SIM cards and lines that use the Service in favor of one Service owner, or to limit the number of lines associated with one specific tariff. The current General Conditions do not cover the user of SIM cards in mobile handsets other than those previously and expressly authorized by the Provider. Acting under the principle of technology neutrality, it is understood that the SIM card is associated with said personal identification number and a telephone number and all communication realized from this SIM card and/or access code assigned to the Customer will be considered as carried out by this Customer or with their consent, being responsible both under the terms of the current General Condition and the Law. The SIM card from the Provider is able to be topped up during its validity period, before or after the available balance has been exhausted.

In the case of the theft or loss of the Customer's telephone handset which contains the SIM card or its associated security codes or when the Customer becomes aware of or there are signs of unauthorized use of these, the Customer should tell the Provider immediately by calling Customer Services on 1212 (for calls from the Hits Mobile network) or 634 301212 (for calls from off the Hits Mobile network), to request that their account is blocked and the service is temporarily suspended. The Provider will suspend service as soon as possible. Likewise, they will provide the Customer, on their request, with a new SIM card and/or new security codes, with the Customer accepting the costs of said replacement.

Balances, top-ups and validity periods.
The Customer will have an account associated with their number in which their available balance for the use of the Service will be recorded at all times. To check their available balance the Customer can call 1212 (for calls from the Hits Mobile network) or to 634 301212 (for calls from off the Hits Mobile network) or they can check it via the website www.hitsmobile.es. To make calls, send messages or make any other use of the Service that involves the generation of voice or data traffic by the Customer, they will need to have sufficient credit available (in accordance with the relevant tariffs) to cover the supply requested. However, the absence of any credit in the account will not prevent calls to Customer Service 1212 or emergency calls to 112 except in those cases when the Service is temporarily or permanently suspended for the reasons included in this Contract.

The Customer can top up their balance at authorized points of sale, at the ATM networks with which the Provider has agreements, or via the website www.hitsmobile.es by authenticating their identity in the system, and also via other media that will be communicated to the Customer.

The Customer will pay for the Service prior to its use via top-ups. When the Customer uses the service, the charges incurred (in agreement with the applicable tariffs) will be subtracted automatically from their available balance.

Credit is valid for three months from purchase or from the date of the last top-up and calls can be received for a period of two additional months after the aforementioned time periods have lapsed. To prevent deactivation of the SIM card, which entails the loss of the assigned telephone number and the associated credit balance available at that time, the card must be topped up at least once during the period made up of the three months plus the additional two-month grace period.

Those month where the customer don´t do any top up or consumptions, hits will apply a maintenance fee for inactivity by deducing 1,5€ (tax excl.) from the balance of the account.

Balances are non-refundable, in other words, the accumulated balance available in the account can only be used to pay for the Service (voice calls, SMS, MMS, data and content), and under no circumstances will the Provider return quantities in cash to the Customer equivalent to the value of the balance available in the account. When the Customer has started a call or data transmission from their telephone handset and their available balance runs out during the call or transmission this call or data transmission will be terminated immediately. Likewise, when the Customer tries to start a call or data transmission from their telephone handset when they do not have sufficient credit to pay for it (in accordance with the applicable tariffs) it will not be possible to process the traffic requested.

Coverage and quality.
The Provider provides the Service in compliance with the quality levels, parameters and methods established in the current legislation and Contract. However, the Customer recognizes that the coverage and quality of the service are subject to change under exceptional circumstances that may prevent them from reaching the promised quality levels.

The Provider will offer their Service exclusively in the national territory's areas of coverage in which the Network Operator is established at any time, with a commitment to provide the Customer up-to-date information regarding the areas of coverage where the Service is available. Services are provided in the national territory without prejudice to those cases in which the Customer can benefit from the extension of the Service beyond these boundaries, permitted by bilateral agreements that the Provider or Network Operator makes with the operators of different countries. To this purpose international coverage call Services (roaming) provided abroad by operators distinct from the Provider are totally excluded from said compensation and are not charged on their network.

If the Customer suffers temporary service interruption, the Provider will compensate the Customer with a quantity consistent with the average amount charged for all the interrupted services during the three months prior to the interruption, divided proportionally over the time the interruption lasted. In cases where the Customer has been with the Provider for less than three months, the amount used will be the average value of their bills for the months completed, or an estimate of the amount that would be reached in a month projected proportionally from the amount actually spent in the consumption period.

International roaming services offered by third-party operators and not charged by the Provider are specifically excluded from said compensation.

The Provider will pay compensation to the Customer in their prepay account when the service interruption implies an amount of compensation greater than 1 euro.

In cases of interruption as a result of force majeure, the Provider will only automatically compensate the subscriber with a refund of the value of the fees independent of traffic, divided proportionally over the time the interruption lasted. International roaming services offered by third-party operators and not charged by the Provider are specifically excluded from said compensation.

The Customer, during the month following the re-establishment of service after the interruption, must send their compensation request to the Customer Care Service via the channels indicated in these Conditions. When they have received this request, the Provider will make the refund into the Customer's prepay account.

In addition, and in relation to Service quality, the Provider commits to offering the Customer compensation when they experience an interruption to Service of more than eight hours in a natural month. A Customer who wishes to ask for compensation should send their request to the Customer Care Centre, providing identification, their mobile telephone number and accreditation of their personal circumstances, in a maximum of 10 days counted from the moment the Service is re-established, it being essential that they give the date(s) and place(s) where they have been affected by the interruption and the incident number(s)/reference(s) given to them by the Provider when they reported said interruption(s). In cases where the Provider is able to use their systems to confirm the veracity of the information given by the Customer, the Provider will compensate the Customer with an amount equivalent to 50% of the average value of their last three balance top-ups up to a limit of six euros, before indirect taxes. No compensation will be made for Service interruption due to serious breach of contract by the Customer for fraud, payment default, or damages to the network due to the Customer connecting to handsets whose conformity has not been evaluated in accordance with the current rules, or the breech of the established codes of conduct when the Customer is a provider of high rate Services.

Likewise, for reasons of public safety, the Provider has the right to deactivate provisionally the Service in the case of non-receipt or defective receipt of the obligatory personal details requested at the moment of SIM card purchase or if these details are false. In this case, the Provider will inform the Customer that they will deactivate their line definitively if they do not receive the requested details via the communication method used to send this message in five days from this notification.

Without prejudice to the former point, the Provider will put their best efforts into providing the highest quality in all communications related to the Service.

Right to disconnection.
The Customer has the right to request that the Provider disconnects the international call and additional tariff call services by making a call to the Customer Care department on 1212 (for calls made from the Hits Mobile network) or 634 301212 (for calls made from off the Hits Mobile network).

The Provider will carry out this disconnection in a period of 10 days from the date they receive the Customer's request. If said disconnection is not carried out during these 10 days, for reasons that cannot be attributed to the Customer, the Provider will be responsible for the costs associated with the services that the Customer asked to be disconnected.

Prices and promotions.
The corresponding prices and charges will be applied to voice traffic used and data sent by the Customer . These charges will be deducted from the telephone balance in accordance with the Tariffs and other general and/or specific conditions, economic offers or promotions valid at the time the Service is used and that the Provider can establish at their will. Initially, the prices applied will be those that appear in the current tariffs information that is given to the Customer before the Service is provided, and any change to the Provider's prices, if possible, will be communicated to the Customer at least one month before the changes take effect. Any grant, promotion and/or discount offered by the Provider to the Service price is limited by the specific circumstances in which they are offered and/or the moment in which the activation becomes effective without constituting at any time a precedent in favor of the Customer. Higher tariff services cannot be used when the Customer only has promotional free of charge credit from the Provider, nor without any charge to the Customer. For this reason, to use said services, the Customer must first top-up their credit balance. If the Customer is given discounts or tariffs that have time periods or hours of use that are free of charge to the Customer, flat tariffs or a maximum price for a period of time or volume of telephone traffic, these will be incompatible with any system that involves the accumulation, transfer or conversion of calls or traffic, and if these do occur the Provider reserves the right to cease Service provision or charge the Customer for the traffic used and/or not apply the aforementioned free of charge time periods/hours or discounts.

Service information and publicity.
The Provider will supply the Customer with the necessary and appropriate information necessary in order to offer a suitable level of Service provision. This information may be supplied generally via announcements on the Provider's website in the social communication media, via our Customer Care Centre, points of sale or via authorized agents. In cases where the Customer requests information about the provision of the Service the Provider will provide this information free of charge.

Security.
The Customer is responsible for the safekeeping and maintaining the confidentiality of their passwords, access keys, cipher systems or the encryption of communications that are supplied by the Provider. Said security measures can only be used by the Customer.

Complaints Service.
If the Customer has a complaint regarding the Service provision, they should direct their complaint to the Provider's Customer Care Service during a period of one (1) month from the moment in which they become aware of the cause for complaint. The user can contact the Provider by post at the address given in the current Contract or via email at clientes@hitsmobile.es. Likewise the Customer can contact the Customer Care department via the website www.hitsmobile.es.

Moreover, if the Customer has not received a satisfactory response from the Provider in a period of one (1) month, then during the following three (3) months they can contact the Consumer Arbitration Board or the Secretary of State for Telecommunication and the Society of Information. The Customer grants complete validity to the records stored in the Provider's systems related to the conversations between the Provider and the Customer unless proved otherwise. The Customer will find information about the process for presenting complaints, claims and demands on the Provider's website.

Protection of personal data.
In accordance with the Personal Data Protection Law, HCARRIER-E MOBILE, S.L. (herewith HITS), with registered address C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia) informs the Customer, as a subscriber to and/or user of the Service, that the details that they provide us with, as well as those that are generated during their commercial relationship with HITS will, by necessity, be stored in a database of which HITS is responsible, to the following ends: to provide the product and/or activate the service requested; carry out the development, delivery and control of the contractual relationship; carry out billing for the products and/or services requested, respond to queries, complaints or claims, and, in general and in a non-limiting manner, to all the ends associated with the management of the relationship with HITS, as well as for the shipping of any type of related documentation and for the maintenance of a historic record of the commercial relationship during the time periods established in law.

Likewise, in accordance with section 65 of Royal Decree 424/2005 of the 15th April, which ratifies the Amendment concerning the conditions for electronic communication services provision, universal service and user protection, HITS informs the Customer that their details will be stored when necessary for billing and payment, and only during the time period in which the bill can be disputed or the payment can be demanded. These details will be deleted when their storage is no longer necessary.

When the party concerned contacts HITS via the Customer Care Service, HITS can record the ensuing conversation in order to provide a appropriate response to the enquiry, request or claim made by the party concerned. Said recording will also be stored in a database of personal data of which HITS is responsible, with the purpose of guaranteeing the appropriate level of customer care and service provision by HITS. In all cases, the party concerned will be advised at the beginning of the conversation that the recording will be made.

Likewise, HITS informs the Customer that their details, including those taken from the recordings of the Customer Care Service, can be ceded to the competent Public Authorities, whether administrative or Judicial, to the ends stipulated in the current laws that in each case authorize the ceding of details.

The party concerned can, at any time, exercise their rights of access, amendment, cancellation and objection by contacting HITS in writing at the following address CARRIER-E MOBILE, S.L., (Ref. LOPD), C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia) or to any address the substitutes this one and is communicated in the General Register for Data Protection. Likewise, the party concerned must tell HITS of any change to the details they have provided when contracting the Service at the moment in which the change arises.

Contractual compliance and lawful use of the service.
The Customer commits to comply with the conditions expressly stated in the current Contract and make a lawful use of the Service provided in keeping with the principles of good faith, and must not use the Service for any economic gain different to those stated in this Contract, nor use their status as a Customer to carry out business, professional or economic activity whose purpose is to resell the Service provided by the Provider or exploit the Service to any other ends. The breach, or the objective perception (by the Provider) of the risk of breech of the obligations aforementioned will lead to the automatic cancellation of the Contract. The Customer, so that the Provider can deliver an appropriate and secure Service, authorizes the Provider to use filtration technology and other security measures in order to guarantee the Customer's rights and prevent fraud or illegal or irregular use of the Service.

Likewise, the Provider will suspend or deactivate definitively the Service if fraud is suspected, if there is risk of fraud, illegal use of the Service or breach of Contract by the Customer.

Service cessation without profit.
Neither party can cede the current Contract, wholly or partially, to third parties without the previous consent of the other party. To this end, the telecommunications sector companies belonging to CARRIER-E MOBILE, S.L. will not be considered as third parties. The Customer cannot cede the Service provision to third parties to profit themselves or others.

Contract termination.
The Customer and the Provider have the right to terminate the contract due to the general causes of Contract termination.

If the Customer's SIM card has zero (0) credit, from this moment they will be able to receive calls and messages for a period of two (2) more months. To prevent the deactivation of the card it is necessary to top up the card at least once during this two month period. If this does not occur the remaining credit will be lost and the service will be deactivated and it will not be possible to receive either calls or messages. Once the service has been deactivated for a month, the Customer will lose their designated telephone number.

Likewise, following the terms described in the third clause of the General Conditions (Balances, top-ups and validity periods) the absence of top-ups in the established periods will lead to the deactivation of the card, the loss of the designated telephone number and any remaining credit.

Upon the Customer's request, via the Customer Care Service, the Provider can deactivate provisionally the Service in cases of loss or theft of the SIM card or of the telephone handset that incorporates the SIM card.

Also, the Customer has the right to terminate the Contract at any time by communicating their request to do so to the Customer Care Centre.

On the other hand, when a Customer wishes to unsubscribe they have the right to keep the number associated with their line if they request that their number is ported to another mobile telephone operator. This portability request will be considered to be a unsubscribe request and the Provider will process the request under the terms, time periods and conditions established by the laws that are valid at the time the unsubscribe request is made.

The current contract will be dissolved automatically by the Provider if they are not longer able to provide the Service and when they determine the impossibility of continuing provision. The Provider can dissolve the Contract automatically for the breach of any of its conditions and in particular if the Customer abuses the Service provided as specified in the tenth clause of the General Conditions (Contractual Compliance and lawful use of the service), the eleventh clause (Service Cessation without profit) and when the details provided by the customer are false. Under no circumstances will the dissolution or abandonment of the current Contract will exonerate the Customer or Provider from their obligations relating to any terms, such as those contracted when accepting Specific Conditions and others of a similar nature.

For the purposes of any communication the Customer can get in touch with the Provider via their Customer Care Service by calling 1212 (for calls from the Hits Mobile network) or 634 301212 (for calls from off the Hits Network). Likewise, they can contact the Provider via the email address clientes@hitsmobile.es, or the website www.hitsmobile.es or via post using the following address: CARRIER-E MOBILE, S.L., Servicio de Atención al Customer, C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia).

Communication with the Customer.
All the communications Hits must make to the Customer relating to the maintenance, control and development of execution of the current Contract will be carried out by SMS, post and/or email. Said communications may make reference to any information linked to this Contract as well as changes to Contract, Tariffs and/or Services.

Change s to Contract.
Any proposed change the current contractual conditions will be communicated to the Customer by HITS with a minimum of a month's notice, and at the same time they will be informed of their subscriber's right to dissolve the Contract without any penalization if they do not accept the new conditions. It will be understood that the Customer is in agreement with the proposed and notified changes if in the month following the Customer's notification of the condition changes by HITS the Customer has not expressed their non-conformity and/or has used the service after the proposed changes have come into effect.

Prior communication to the Customer of changes can be made, amongst other media, via SMS or in the Customer area on the website www.hitsmobile.es, indicating when the proposed changes come into effect.

Applicable legislation and conflict resolution.
The current Contract will be governed by Spanish Law. In the event of any dispute that might arise from the Customer's acquisition of the product, the parties will defer to the competent Courts and Tribunals in accordance with Spanish Law at that time.

 

 

SPECIFIC CONDITIONS FOR REMOTE SALES


These present conditions regulate the operation and function of the remote sales service of CARRIER-E MOBILE, S.L. and are complementary to the General Conditions for Prepaid Telecommunications Service Provision, the Product Guarantee and the General Conditions of Website Use, available at www.hitsmobile.es

A) SERVICE INTENT
The intent of the HITS MOBILE remote sales service is to market, in Spain and via their remote sales channels, the products and services supplied at any time by HITS MOBILE (the "Service"). If someone uses the Service this use confers upon them the status of a user of the Service (hereafter the "User") and implies their total acceptance of the current specific conditions (the "Specific Condition") along with the General Conditions for Prepaid Telecommunications Service Provision, the Product Guarantee and the General Conditions of Website Use, available at www.hitsmobile.es

The products and services supplied by HITS MOBILE, which can be bought via www.hitsmobile.es or via the telephone numbers established by Hits, are regulated by the General Conditions for Prepaid Telecommunications Service Provision and the Product Guarantee or by any other conditions given to the User. Said conditions must be accepted by Users during the remote purchase process and will be confirmed for the User in a timely manner by HITS MOBILE at the final stages of said purchasing process.

HITS MOBILE reserves the right to change, in a unilateral manner, at any moment and without prior notice, the appearance, configuration and content of the Service and the Specific Conditions whose acceptance is required to use the Service, and that will be applied to all purchases made from this moment on.

B) CONTRACTING PROCESS

Contrating
The contracting of the products and services marketed and offered to Users by HITS MOBILE via the website www.hitsmobile.es or via the telephone numbers established by Hits, will be realized by means of the User completing the different forms presented to them throughout the contracting process and the express acceptance by the User of the current Specific Conditions and all the general conditions applicable to the product and/or service contracted.

In the process of contracting via the website www.hitsmobile.es, the sending of the completed form will end the contracting process and imply the complete acceptance by the User of the sales proposal of HITS MOBILE and the applicable conditions. HITS MOBILE will keep a copy of this form for their records in the electronic support for said contracting.

In the process of contracting via telephone, the completion by telephone of the forms and the giving of the required consent by the user will end the contracting process and imply the full acceptance by the User of the applicable conditions. HITS can, with the prior consent of the User, record a copy of said telephone conversations to keep in their archives in the electronic support for said contracting.

Contracting confirmation
On the remote sales process has been finalized, HITS MOBILE will give the User a purchase confirmation that will include in their totality all the conditions applicable to the product and/or service contracted. In cases where the transaction fails for some reason, HITS MOBILE will notify the User, while not being responsible to the User for failed transactions beyond the scope determined by the current applicable legislation.

HITS MOBILE will make said confirmation via an email containing the contracting confirmation and the conditions applicable to the same.

HITS will make available to the User a free-phone number they can call to consult the status of their order.

C) CONDITIONS OF SERVICE USE

The User can:

  1. Access free of charge available Service content (without prejudice to the technical or specific conditions) without need for prior permission or prior registration.
  2. Make proper and legal use of the Service, in accordance with the current legislation, morality, good practice and public order.

Under no circumstances can the user:

  1. Access or use the services and content of the Service for ends that are illegal, injurious to the rights and liberties of third parties, or which can damage, harm or impede in any way the access to these services to the detriment of HITS MOBILE or third parties.
  2. Use the services, their information or that of third parties, totally or in part, to promote, sell, contract, divulge or publicize without the prior and written permission of HITS MOBILE.
  3. Introduce information into the website or use the existing services on the site with the goal of threatening – directly or indirectly – the rights – and very specifically fundamental rights and public liberties – of other website users or HITS MOBILE, or that incites or promotes criminal, xenophobic, terrorist or degrading acts based on motivations of age, gender, religion or beliefs, or that is of a pornographic, obscene or violent nature or that is against the law, morality or good practice. To this effect, by information the following are understood, - with a delimiting but not limiting character-: text, graphics, images, videos, sounds, drawings, photographs, data, notes and other items.
  4. Include hyperlinks on their own personal or business websites to this website that are not limited solely and exclusively to the homepage of said site.
  5. HITS MOBILE reserves the right to adopt the measures they consider necessary in cases where a fraudulent use of the Service occurs.

D) PAYMENT METHODS
The method used to pay for the order will be that chosen by the User during the ordering process from amongst the payment methods allowed by HITS. The User can choose to pay by credit or debit card or to pay upon delivery in cash when they take delivery of their order at the specified.

Payment by credit or debit card.
Payments made by VISA, VISA Electron, MasterCard, Maestro and 4B. The name on the card used to make the payment must be that of the User who has contracted the products and/or services from HITS.

The service for payments by credit card will be managed by a credit company.

HITS renounces all responsibility for the confidentiality and security of the information and data provided by the Customer when paying for their purchases online or via telephone using a credit card, in that the management of said information and data is not exclusively under HITS' control.

Payment on delivery.
Products and/or services from HITS can be paid for in cash when the User receives their order at the specified address.

E) DELIVERY
Once the contracting process has been finalized via the completion of the necessary form and the acceptance of the conditions applicable to the product and/or service contracted, HITS will send the order to the address specified by the User which should be within the Spanish territories (except Ceuta and Melilla). Said order will be delivered by the company "Sociedad Estatal Correos y Telegrafos, S.A. (henceforth "CORREOS").

Within five (5) working days from when the User made the order, HITS will get in touch with the User by telephone to confirm the delivery date.

The order must be received by the User in person. They will have to prove their identity by showing their national identity document (or equivalent) and must sign the delivery docket.

HITS will deliver orders within a maximum of thirty (30) days from the completion of the order.

Estimated delivery time will be between 7 to 10 working days (counted from when HITS contacts the User to arrange delivery) except when the User requests a later delivery date from HITS.

The User recognizes that these delivery times are estimated and that delivery can be delayed due to causes outside of the control of HITS and the Logistics Operator.

It will be understood that the User cancels the contract if they are not at the specified address on either of the two (2) delivery attempts arranged by HITS via the Logistics Operator.

Delivery charges.
Except when specifically agreed otherwise for a particular order, the costs of preparation, packing and delivery of the products and/or services contracted, and likewise, where relevant, that VAT and other applicable taxes, are to be paid by the User, who will pay them with the cost of the product and/or service contracted using the same payment method chosen to pay the product and/or service cost. Unless another cost is specifically agreed, delivery to the User's home or another address specified by the User will be charged at eight euros (8 €) (taxes not included) per order.

F) RIGHT OF CANCELLATION
The User has fourteen (14) natural days from the receipt of the product and/or service to cancel the purchase contract and request a refund. To successfully claim a refund they must comply with all of the following requirements:

 

  1. They must contact HITS via the Customer Care Service by calling 1212 or 634 30 1212 or on clients@hitsmobile.es, indicating their wish to cancel the contract, or via any other contact system provided by HITS to effect said cancellation.
  2. Return the whole product before 14 days. The product should be returned in its original packaging and including all its accessories (charger, battery, etc.) in perfect conditions. Therefore, the phone serial number (IMEI) should match the one that appears in the original box and the one associated to the SIM card sent to the User.
  3. The User must present the original purchase invoice.

Exercising this right will be free for the User, except for the direct cost of returning the product to HITS, which will be paid in full by the User.

Likewise, the User will not be able to exercise their right to cancel the service contracted if they have begun to use said service. In all cases, the User will be considered to have begun using the service if they have made a call, sent a SMS or used data services.

The refund of the cost of the product and/or service will be made within fourteen (14) natural days from the communication of the cancellation of service or from the day HITS receives the product in the conditions established in this clause, preferably by the means of payment that were used for the purchase of the product.

G) SERVICE AVAILABILITY
HITS MOBILE does not guarantee the availability and uninterrupted functioning of the Service, nor its suitability for whatever end or use for any specific activity, nor its infallibility. HITS MOBILE reserves the right to temporarily suspend the Service without prior notice in cases where orders are made to fraudulent ends, suppose unfair competition for HITS MOBILE, are made to manipulate the merchandise or service, for their resale or ends other than the private consumption by the person who requests them. To the full extent permitted by the applicable legislation, HITS MOBILE renounces any responsibility for harm or damages of all kinds that could be caused by the lack of availability or failure in continuity of Service provision, the lack of suitability of the Service for any end or use that Users could have attributed to it and for Service failures.

H) PERSONAL DATA
The User is obliged to give HITS MOBILE true, up-to-date and exact data. Likewise, the user can only communicate to HITS MOBILE data corresponding to their own identity. It is expressly forbidden to provide data belonging to third parties.

In accordance with the Personal Data Protection Law, CARRIER-E MOBILE, S.L. (herewith HITS), with registered address C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia) informs the Customer, as a subscriber to and/or user of the Service, that the details that they provide us with, as well as those that are generated during their commercial relationship with HITS will, by necessity, be stored in a database of which HITS is responsible, to the following ends: to provide the product and/or activate the service requested; carry out the development, delivery and control of the contractual relationship; carry out billing for the products and/or services requested, respond to queries, complaints or claims, and, in general and in a non-limiting manner, to all the ends associated with the management of the relationship with HITS MOBILE, as well as for the sending of any type of related correspondence by post and/or email and for the maintenance of a historic record of the commercial relationship during the time periods established in law. The aforementioned management will be carried out under the established general conditions that HITS MOBILE will, in all cases, give to the User with the services or products contracted.

When the party concerned contacts HITS MOBILE via the Customer Care Centre, HITS MOBILE will record the ensuing conversation in order to provide an appropriate response to the enquiry, request or claim made by the party concerned. Said recording will also be stored in a database of personal data of which HITS MOBILE is responsible, with the purpose of guaranteeing the appropriate level of customer care and service provision by HITS MOBILE. In all cases, the party concerned will be advised at the beginning of the conversation that the recording will be made.

HITS MOBILE informs the User that their personal contact details will be given to the Logistics Operator when necessary for them to deliver the contracted product. Likewise, HITS informs the Customer that the personal details given during the contracting process, including those taken from the recordings of the Customer Care Service, can be ceded to the competent Public Authorities, whether administrative or Judicial, to the ends stipulated in the current laws that in each case authorize the ceding of details. The party concerned can, at any time, exercise their rights of access, amendment, cancellation and objection by contacting HITS MOBILE in writing at the following address C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia) or to any address the substitutes this one and is communicated in the General Register for Data Protection. Likewise, the party concerned must tell HITS MOBILE of any change to the details they have provided when contracting the Service at the moment in which the change arises.

If they wish to do so, the User can find more information concerning the management of personal data by visiting out website and consulting our Privacy Policy.

I) REFUSAL TO GRANT LICENSES
HITS MOBILE does not grant any license or authorization of use of any kind concerning their industrial or intellectual property rights, or concerning any other property of right related to the Service.

J) APPLICABLE LEGISLATION AND CONFLICT RESOLUTION
The relationship between HITS MOBILE and the User will be governed, in all cases, by Spanish law. The current Contract will be governed by Spanish Law. In the event of any dispute that might arise from the Customer's acquisition of the product, the parties will defer to the competent Courts and Tribunals in accordance with Spanish Law at that time.

 

 

CHANGING TAX RATES OF VAT


Purchase at a physical POS
The criterion that determines the taxation is the tax domicile of the POS.
A customer who buys at a PDV with tax domicile in Peninsula/Balearic a pack or a Sim card or any top up will be applied a 21% of VAT on the taxable base.
A customer who buys at a PDV with tax domicile in Ceuta/Melilla a pack or a SimOnly or any top up will be applied a 3%/4% of IPSI on the taxable base.
A customer who buys at a PDV with tax domicile in the Canaries a pack will be applied a 7% of IGIC on the taxable base of the pack and, if he acquires a SimOnly or a top up, will be applied a 7% of IGIC.

Purchase at the Customer Care Service of hits or on the website www.hitsmobile.es
The criterion that determines the taxation is the tax domicile of the customer.
A customer who buys at a PDV with tax domicile in Peninsula/Balearic a pack or a Sim card or any top up will be applied a 21% of VAT on the taxable base.
A customer who buys at a PDV with tax domicile in Ceuta/Melilla a pack or a SimOnly or any top up will be applied a 3%/4% of IPSI on the taxable base.
A customer who buys at a PDV with tax domicile in the Canaries a pack will be applied a 7% of IGIC on the taxable base of the pack and, if he acquires a SimOnly or a top up, will be applied a 7% of IGIC.

 

 

PARTICULAR CONDITIONS OF THE AUTOMATIC TOP-UP SERVICE


The present conditions will regulate the operation and functioning of the automatic top-up service of CARRIER-E MOBILE, S.L. (HITS MOBILE), and will be complementary to the General Terms of Service Provision of Mobile Telecommunications in prepaid modality. The conditions will be available on the website www.hitsmobile.es

A) OBJECT OF SERVICE
The object of automatic top-up service is to enable to the User the recharge of balance to the account associated with his subscriber number. The subscription to this service, defined by the periodicity of the top-up, its amount and a means of payment, will trigger without direct intervention of the User top-up orders in the account associated with the subscriber number through the given means of payment.
HITS MOBILE reserves the right to modify unilaterally, at any time and without prior warning, the presentation, configuration and content of this Service, as well as Particular Conditions required for the Service usage, which will be applicable to subscriptions made from that moment on.

B) CONTRACTING PROCEDURE
Contracting: The contracting of products and services commercialized and made available to Users by HITS MOBILE through the website www.hitsmobile.es or phone numbers established by HITS, or points of sale of distributors network of HITS MOBILE, will be carried out by completing different forms by the User which are presented during all the contracting process and the expressed acceptance by the User of the present Particular Conditions and all the general terms applicable to the contracted service.
Confirmation of the contract: Once the process of contracting the automatic top-up service is completed, HITS MOBILE will supply a confirmation to the User for activating the subscription. HITS MOBILE will carry out this confirmation by sending a confirming SMS of activation of this subscription and of the conditions applicable to it. HITS MOBILE is not responsible regarding the User for the failed transactions beyond the terms and with the scope that the applicable existing legislation determines.

C) SERVICE TERMS OF USE
- The User should make a correct and licit use of the Service, in accordance with the existing legislation, morals, good habits and the public order.
- The User may in no way accede or use the services and the Service contents for illicit and injurious purposes to the rights and freedoms of third parties, that can harm, damage or inhibit by any means, the access to them, to the detriment of HITS MOBILE or of third parties.
- HITS MOBILE will assign a limit of risk to the use of service. This limit will determine the maximum amount of accumulated top-ups in the period of one natural month that the User will be able to acquire through the Service.
- HITS MOBILE reserves the right to take the appropriate measures in cases where evidences of a fraudulent use of Service exist.

D) BILLING AND PAYMENT. TEMPORARY SUSPENSION AND DEFINITIVE INTERRUPTION OF THE SERVICE
The form of the payment associated with the service will be the one that the User chooses when passing on the subscription, among the forms of payment allowed by HITS MOBILE. The User may opt for the payment with a credit or debit Card or for direct debit from the saving/current account.
Hits will process the direct debit orders and the required payment invocations for the development of the service.
Direct debit to the credit or debit card. Payments may be made by a VISA, VISA Electrón, MasterCard, Maestro and 4B. The User of service of HITS MOBILE should be the holder of the card, with which the payment is made.
Direct debit to the bank account. Payments may be made by direct debit into a savings or current account. The User of service of HITS MOBILE should be the holder of the account where the direct debit is made.
On the service activation date will be charged an amount of 1€ to verify the activation of the banking direct debit. This amount of 1€ will be credited automatically to the account associated with the User´s phone line.
In case when due to technical reasons it would not be possible to charge the User in the immediate aftermath of the accrual, HITS MOBILE may present the payment of the bill in the next periods. HITS MOBILE may charge for the immediate collection of accrual amounts when: (I) The User exceeds the limits of the agreed credit, (II) the User breaches the present contract or (III) in cases of fraud or risk of default.
The default by the User of the amounts due for using the Service on the dates when the payment should be made according to the bill, will simply an obligation for the User to pay an interest for late payment equal to the statutory interest of the money, increased by two percent (2%), as well as the expenditure incurred in returning of the receipt and the bill. HITS MOBILE may use and execute to obtain the recovery of the amounts due the credit and debit cards data and banking accounts that have been given by the Customer, the available balance associated with his subscription number, or deposits, securities or other established guarantees.
The delay in the total or partial payments by the Customer during a period of time higher than fifteen (15) days from the sending of invoice to the Customer may prompt. prior notice of fifteen (15) days, temporary suspension of the services contracted by the User with HITS MOBILE. The suspension will only affect those services whose payment has been delayed. HITS MOBILE will re-establish the suspended service within the working day following that on which is known that the amount due has been fully paid off.
The delay in the payment of phone service available to the public for a period higher than three (3) months, or the suspension of the Contract on two occasions, for late payments of the Service, will entitle HITS MOBILE to the definitive interruption of the Service and to the corresponding termination of the Contract.
If the Customer had lodged a complaint to the Consumer Arbitration Boards or to the State Secretary of Telecommunications and Information Society, HITS MOBILE will not suspend, neither interrupt the Serivice whilst the coplaint is being processed, as long as the Customer proves reliably the amount due by providing HITS MOBILE with the corresponding proof of payment.
The User accepts expressly the issuance of invoices in electronic form, through electronic means which guarantee the authenticity of the origin and the integrity of the invoice document. The issued invoices in electronic form will have the same effects as the invoice on paper and can be visualized by the Customer through the website of HITS MOBILE (www.hitsmobile.es). The Customer may, at any time, request to HITS MOBILE to receive once again his invoice on paper form.

E) SERVICE AVAILABILITY
HITS MOBILE doesn´t guarantee neither the availability nor continuity in the functioning of the Service, nor its suitability for any purpose or usefulness for the use of any activity in particular and nor its infallibility. HITS MOBILE reserves the right to suspend temporary the Service without need of previous notice. Till the maximum allowed by the applicable rules, HITS MOBILE excludes any liability for damages of any nature that may due to the lack of availability or continuity in the functioning of the Service, to the lack of suitability for determined purpose or utility that Users might attribute to the Service and to Service failures.

F) PERSONAL DATA
The user is bound to provide to HITS MOBILE accurate, current and exact data. Furthermore, the User may communicate to HITS MOBILE data corresponding to his identity being expressly prohibited the provision of data to third parties.
For the purposes of the Organic Law of Personal Data Protection, CARRIER-E MOBILE, S.L. (hereafter HITS MOBILE), established in C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia) informs the User, as subscriber and/or user of the Service, that the data provided as well as those which are generated during the commercial relationship maintained with HITS MOBILE, will be treated necessarily in a file for which this entity is responsible with the following purposes: to supply him with the product and/or activate the required service; to comply with the development, fulfillment and control of the contractual relationship; to carry out the invoicing of products and/or required services, to attend to queries, claims or complaints and, Generally, but not limited, with all those purposes deriving from the management of the relations maintained with HITS MOBILE, as well as for the shipment of any kind of postal and/or electronic correspondence in this regard and for the maintenance of a historic file of commercial relations during the deadlines set by law.
The above processing will be completed in accordance with the general conditions which in any event HITS MOBILE will deliver to the User regarding the contracted services or products. When the data subject contacts HITS MOBILE through Customer Care Service, HITS MOBILE may proceed to record the conducted conversation in order to attend properly the request, inquiry or claim by the data subject. This recording will prompt alike a treatment of personal data under the responsibility of this entity, in order to guarantee the correct attention and provision of the Service by HITS MOBILE. In any event, the data subject will be warned at the start of the conversation about the recording that is going to be made.
Likewise, HITS MOBILE informs you that your personal banking data will be ceded, where appropriate, to the financial institutions for the recovery of the contracted service.
Likewise, your personal data derived from the contracting of the service including those arising from the recordings of Customer Care Service may be ceded to the competent Public Authorities both administrative and Legal for the purposes required under the existing legal rules that in any case the cessions enable. The subject data may at any moment exercise his rights of access, rectification, opposition and cancellation before HITS MOBILE in writing to the following address C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia) or to the replaced one and to be communicated at the General Registry of Data Protection. Likewise, the data subject should communicate to HITS MOBILE any modification of the data given when contracting the Service from the moment when it occurs.

 

 

PARTICULAR CONDITIONS OF LONG TERM CONTRACT IN AUTOMATIC TOP UP SERVICE


The present conditions will regulate the operation and functioning of service of long term contract in the automatic top-up service of CARRIER-E MOBILE, S.L. (HITS MOBILE), and will be complementary to the General Terms of Service Provision of Mobile Telecommunications in prepaid modality, as well as to the Particular Conditions of Automatic Top up Service. The conditions will be available on the website www.hitsmobile.es

A) OBJECT OF SERVICE
The object of long term contract in the automatic top-up service is to enable to the User the acquisition of the handset, or mobile device, indicated on the attached document, at a promotional pricing.
The acquisition by the User of a handset/mobile device at a promotional pricing implies that he commits himself, under the present Document, to remain registered in the mobile Service of HITS MOBILE on the contracted tariffs, with a monthly fee and during the indicated periods in the present document or its annexes. HITS MOBILE reserves the right to modify unilaterally, at any time and without prior warning, the presentation, configuration and content of this Service, as well as Particular Conditions required for the Service use, which will be applicable to subscriptions made from that moment on.

B) CONTRACTING PROCEDURE
Contracting: The contracting of products and services commercialized and made available to Users by HITS MOBILE through the website www.hitsmobile.es or phone numbers established by HITS, or points of sale of network of distributors of HITS MOBILE, will be carried out by filling out different forms by the User which are presented during all the contracting process and the expressed acceptance by the User of the present Particular Conditions and all the general terms applicable to the contracted service.
In the contracting process through web site www.hitsmobile.es, the shipment of the form once it´s filled out will finish the contracting process and will imply the full acceptance by the User of the commercial proposal of HITS MOBILE and the applicable conditions.
HITS MOBILE will save a copy for its own files on an electronic medium of this contracting.
In the contracting process by phone through Customer Care Service (800 654321 or 1212) the filling out by phone of forms and of the consent assertions required to the User will finish the contracting process and will imply the full acceptance by the User of the commercial proposal of HITS MOBILE and the applicable conditions. HITS MOBILE may, with previous consent of the User, record these phone conversations as copy for its own files on an electronic medium of this contracting. In the contracting process at the HITS MOBILE sales point distributors network the filling out of the printed form together with the User´s hand-written signature will imply the full acceptance by the User of the commercial proposal of HITS MOBILE and the applicable conditions.
Confirmation of the contract: Once the process of contracting the automatic top-up service is completed, HITS MOBILE will provide to the User a confirmation for activating the subscription. HITS MOBILE will carry out this confirmation by sending a confirming SMS of activation of this subscription and of the conditions applicable to it. HITS MOBILE is not responsible regarding the User for the failed transactions beyond the terms and with the scope that the applicable existing legislation determines.

C) SERVICE TERMS OF USE
The User must make a correct and licit use of the Service, in accordance with the existing legislation, morals, good habits and the public order.
The User may in no way accede or use the services and the Service contents for illicit and injurious purposes to the rights and freedoms of third parties, that can harm, damage or inhibit by any means, the access to them, to the detriment of HITS MOBILE or of third parties.
HITS MOBILE reserves the right to take the appropriate measures in cases where evidences of a fraudulent use of Service exist.
HITS MOBILE may pass on the customer, through the corresponding amendment of tariffs associated with the service with one-month advance notice, the cost overruns that it would have to assume due to technical, operating, market reasons or to the variation in the costs of suppliers.

D) BILLING AND PAYMENT. TEMPORARY SUSPENSION AND DEFINITIVE INTERRUPTION OF THE SERVICE
The mode of payment associated with the service will be the one the User chooses when passing on the subscription, among the forms of payment allowed by HITS MOBILE. The User may opt for the payment over a credit or debit Card or for direct debit on the saving/current account.Hits will process the direct debit orders and the required payment invocations for the development of the service.
Direct debit on a credit or debit Card. Payments may be made with VISA, VISA Electron, MasterCard, Maestro and 4B cards. The User of service of HITS MOBILE should be the holder of the card with which the payment is made.
Direct debit on the banking account. Payments may be made by direct debit on a savings or current account. The User of service of HITS MOBILE should be the holder of the account where the direct debit is made.
In case when due to technical reasons it would not be possible to charge the User in the immediate aftermath of the accrual, HITS MOBILE may present the payment of the bill in the next periods. HITS MOBILE may charge for the immediate collection of accrual amounts when: (I) The User exceeds the limits of the agreed credit, (II) the User breaches the present contract or (III) in cases of fraud or risk of default.
The default by the User of the amounts due for using the Service on the dates when the payment should be made according to the bill, will imply an obligation for the User to pay an interest for late payment equal to the statutory interest of the money, increased by two percent (2%), as well as the expenditure incurred in returning of bill and unpaid invoice. HITS MOBILE may use and execute to obtain the recovery of the amounts due the credit and debit cards data and banking accounts that have been given by the Customer, the available balance associated with his subscription number, or deposits, securities or other established guarantees.
The delay of the total or partial payments by the Customer during a period of time higher than fifteen (15) days from the sending of invoice to the Customer may prompt prior notice of fifteen (15) days, the temporary suspension of the services contracted by the User with HITS MOBILE. The suspension will only affect those services whose payment has been delayed. HITS MOBILE will re-establish the suspended service within the working day following that on which is known that the amount due has been fully paid off.
The delay in the payment of phone service available to the public for a period higher than three (3) months, or the suspension of the Contract on two occasions, for late payments of the Service, will entitle HITS MOBILE to the definitive interruption of the Service and to the corresponding termination of the Contract.
If the Customer had lodged a complaint to the Consumer Arbitration Boards or to the State Secretary of Telecommunications and Information Society, HITS MOBILE will not suspend, neither interrupt the Service whilst the complaint is being processed, as long as the Customer proves reliably the amount due by providing HITS MOBILE with the corresponding proof of payment.
The User accepts expressly the issuance of invoices in electronic form, through electronic means which guarantee the authenticity of the origin and the integrity of the invoice document. The issued invoices in electronic form will have the same effects as the invoice on paper and can be visualized by the Customer through the website of HITS MOBILE (www.hitsmobile.es). The Customer may, at any time, request to HITS MOBILE to receive once again his invoice on paper form.

E) CAUSES OF NON-COMPLIANCE OF PERMANENCE COMMITMENT.
In case the Customer breaches for any reason the commitment of permanence to which he is obliged in accordance with provisions of present document or its annexes, he has the duty to satisfy HITS MOBILE with an amount as compensation for the subsidy obtained by HITS MOBILE as discount on the price of handset market. It will be deemed that the Customer has breached the commitments of permanence, if there are any of the following circumstances before the committed permanence deadline has passed.

  1. Customer requests the withdrawal of the Service or the Service is unsubscribed.
  2. When he will not pay the corresponding charge to the monthly fee
  3. Interruption or suspension of the Service by request of HITS MOBILE, in the terms and form displayed in the General Conditions of Service of HITS MOBILE
  4. In case of the permanence commitments on tariffs and without prejudice to the above assumptions the client is unregistered for any reason of the contracted tariff or if the tariff stops applying because of withdrawal, cancellation, suspension or interruption of service by request of HITS MOBILE:

All the above is understood without prejudice to what might be agreed in particular condition subsequently between HITS MOBILE and the Customer, if appropriate.

F) EFFECTS OF NON-COMPLIANCE OF PERMANENCE COMMITMENT
With the assumption of a permanence commitment at HITS MOBILE, the Customer commits to remain registered in the contracted Mobile Service of HITS MOBILE during the indicated time in the present document with a monthly fee and the associated price plan.
In case of non-compliance of permanence commitment by the Customer, this is obliged to credit to HITS MOBILE an amount depending to the kind of acquired commitment (monthly fee, months of permanence commitment and associated tariff), as well as the pending time of its compliance as a counter-performance for acquiring of the handset or mobile device at a promotional price. Such amount may be enquired by the Customer by calling the Customer Care Service on 1212. Nevertheless, all the above is understood without prejudice to what might be agreed in particular condition subsequently between HITS MOBILE and the Customer, if appropriate.
The permanence commitment is unique and cannot be overlapped at the time, in such a way that one Customer can only be subject to one permanence commitment at the same time. To request a new permanence commitment will be necessary to cancel the previous permanence commitment.

G) OTHER OBLIGATIONS OF PERMANENCE COMMITMENTS
In any of referred cases of the above paragraph the charge of such amounts will be accrued, for a reason attributable to the Customer, and will be made in addition to the pending amounts corresponding to the contracted service and charges through the balance on the prepaid card, or, if this balance were insufficient, through direct debiting of the bill on the current account shown on the front,
The acquired commitments by the Customer will persist, regardless whether the Customer suffers loss, deterioration or theft, transmits, burdens, cedes, alienates in any form or damages the handset/s that has received in his personal capacity, while the committed permanence commitment has not passed, or while the Customer has not paid the mentioned amounts.

H) GUARANTEES.
HITS MOBILE once received the application for activation by the Customer, and at any time during the validity of the Contract may ask the Customer in order to ensure the compliance of the Customer´s obligations to constitute no cash remunerated deposit or the provision of a bank guarantee.

These measures may be taken, among others, in assumptions as:

  1. The existence of unpaid amounts by the Customer for any current or not current Contract with HITS MOBILE or with third party.
  2. Customer´s repeated delay in payment of his obligations with HITS MOBILE.
  3. The existence of the risk of fraud, late payments or illicit usage of the Service.

In any case, the above list doesn´t prevent or limit the assessment on the part of HITS MOBILE of other similar assumptions which can justify the application of the measures provided for in this General Condition.

I) PERSONAL DATA
The user is bound to provide HITS MOBILE accurate, current and exact data. Likewise, the User may communicate to HITS MOBILE the data corresponding to his identity being expressly prohibited the provision of data to third parties. For the purposes of the Organic Law of Personal Data Protection, CARRIER-E MOBILE, S.L. (hereafter HITS MOBILE), established in C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia) informs the User, as subscriber and/or user of the Service, that the data provided as well as those which are generated during the commercial relationship maintained with HITS MOBILE, will be treated necessarily in a file for which this entity is responsible with the following purposes: to supply him with the product and/or activate the required service; to comply with the development, compliance and control of the contractual relationship; to carry out the invoicing of products and/or required services, to attend to queries, claims or complaints and, generally, but not limited, with all those purposes deriving from the management of the relations maintained with HITS MOBILE, as well as for the shipment of any kind of postal and/or electronic correspondence in this regard and for the maintenance of a historic file of commercial relations during the deadlines set by law. The above processing will be completed in accordance with the general conditions which in any event HITS MOBILE will deliver to the User regarding the contracted services or products.
When the interested party contacts HITS MOBILE through Customer Care Service, HITS MOBILE may proceed to record the conducted conversation in order to attend properly the request, inquiry or claim by the interested party. This recording will prompt alike a treatment of personal data under the responsibility of this entity, in order to guarantee the correct attention and provision of the Service by HITS MOBILE. In any event, the interested party will be warned at the start of the conversation about the recording that is going to be made.
HITS may check the solvency of the Customer by itself or by the party acting on its behalf or interest, through the access to financial institutions reports and/or automated files wherein the personal data have been obtained in accordance with the existing provisions, as well as verify the accuracy of the data supplied by the Customer. The Customer authorizes with the signature of contract the automated treatment and maintenance of these data regarding the financial solvency for statistical purposes and evaluation of solvency and valuation of risk prior to activation of services.
Furthermore, HITS MOBILE informs you that your personal banking data will be ceded, where appropriate, to the financial institutions for the recovery of the contracted service. Likewise, your personal data derived from the contracting of the service including those arising from the recordings of Customer Care Service may be ceded to the competent Public Authorities both administrative and Legal for the purposes required under the existing legal rules that in any case the cessions enable. The interested party may at any moment exercise his rights of access, rectification, opposition and cancellation before HITS MOBILE in writing to the following address C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia) or to the replaced one and to be communicated at the General Registry of Data Protection. Likewise, the interested party should communicate to HITS MOBILE any modification of the data given when contracting the Service from the moment when it occurs.

 

 

PARTICULAR CONDITIONS OF PREPAID PACKAGE SERVICE


The present conditions will regulate the operation and functioning of the Prepaid Package service of CARRIER-E MOBILE, S.L. (HITS MOBILE), and will be complementary to the General Terms of Service Provision of Mobile Telecommunications in prepaid modality, as well as to the Terms and Conditions of Mobile Internet Service. The conditions will be available on the website www.hitsmobile.es.

A) OBJECT OF SERVICE

Through Prepaid Package Service HITS MOBILE makes available to the user the possibility to make national and/or international calls and/or to connect to the internet via GPRS/UMTS (3G) and/or to send SMS and MMS with some special tariff conditions.

The Prepaid Packages of HITS MOBILE include a given volume of SMS and/or MMS and/or data traffic and/or national and/or international voice minutes including connection charge, which the User may use during the validity period of the Package. This validity period will be counted in days, weeks or months from the moment of its activation, and it will be detailed according to the Tariffs and other general and/or particular conditions, offers and promotions in force at the moment of using the Service that the Provider can freely establish.

In order to proceed to the package activation the User should have sufficient balance on his SIM card, as the Package amount will be deducted from that balance.

If the Prepaid Package is renewable, once the validity period is over, the Package will be renewed automatically, renewing therefore the validity period for an identical term to the initial one, as long as the User has enough balance on his SIM card. In case that the User has no sufficient balance so that the Prepaid Package amount cannot be deducted from it, such a Package will be cancelled automatically and will be not proceeded to its renewal, so the service usage made by the User will be charged according to the associated standard tariff.

If the Prepaid Package is not renewable, such a package will be cancelled at the end of its validity period. The contracted traffic volume will expire at the end of the validity of the Package, expiring therefore the volume which has not been used.

The charging will be by event for SMS and MMS, by seconds from the first second for voice usage and it will be made by sessions in 1KB blocks in case of the data traffic.

The excess, once the traffic volume has passed, will be charged additionally and in accordance with the modality contracted by the User associated with this product.

Unless otherwise indicated in the offer, the fee doesn´t include or computes the voice and data in roaming and Premium services, services with additional or special charging. These services will be charged in accordance with the tariff plan that the User has associated with the product.

HITS MOBILE reserves the right to modify unilaterally, at any time and without prior warning, the presentation, configuration and content of this Service, as well as Particular Conditions required for the Service usage, which will be applicable to subscriptions made from that moment on.

B) CONTRACTING PROCEDURE

Contracting: The contracting of products and services commercialized and made available to Users by HITS MOBILE through the website www.hitsmobile.es or phone numbers established by HITS, or points of sale of distributors network of HITS MOBILE, will be carried out by completing different forms by the User which are presented during all the contracting process and the expressed acceptance by the User of the present Particular Conditions and all the general terms applicable to the contracted service.

In the contracting process through the website www.hitsmobile.es the sending of the completed form will finish the contracting process and will mean the full acceptance by the User of the commercial proposal of HITS MOBILE and of the applicable conditions.

HITS MOBILE will save a copy of this contracting for its own files in electronic mean. In the contracting process by phone through Customer Care Service (800 654321 or 1212), the completing by phone of the forms and the declaration of consent required to the User will finish the contracting process and will mean the full acceptance by the User of the commercial proposal of HITS MOBILE and of the applicable conditions. HITS MOBILE may, with previous consent of the User, record these phone conversations of this contracting as copy for its own files on an electronic medium. In the contracting process at the points of sale of the distributors network of HITS MOBILE the filling out of forms required to the User will finish the contracting process and will mean the full acceptance by the User of the commercial proposal of HITS MOBILE and of the applicable conditions.

Confirmation of the contract: Once the contracting process of Prepaid Package is finished, HITS MOBILE will supply a confirmation to the User for activating the subscription. HITS MOBILE will carry out this confirmation by sending a confirming SMS of activation of this subscription and of the conditions applicable to it. HITS MOBILE is not responsible regarding the User for the failed transactions beyond the terms and with the scope that the applicable existing legislation determines.

C) SERVICE TERMS OF USE

The User should make a correct, responsible and licit use of the Service, in accordance with the existing legislation, morals, good habits and the public order.

The User may in no way accede or use the services and the Service contents for illicit and injurious purposes to the rights and freedoms of third parties, that can harm, damage or inhibit by any means, the access to them, to the detriment of HITS MOBILE or of third parties.

HITS MOBILE reserves the right to take the appropriate measures in cases where evidences of a not responsible or fraudulent use of Service exist.

D) SERVICE AVAILABILITY

HITS MOBILE doesn´t guarantee neither the availability nor continuity in the functioning of the Service, nor its suitability for any purpose or usefulness for the use of any activity in particular and nor its infallibility. HITS MOBILE reserves the right to suspend temporary the Service without need of previous notice. Till the maximum allowed by the applicable rules, HITS MOBILE excludes any liability for damages of any nature that may due to the lack of availability or continuity in the functioning of the Service, to the lack of suitability for determined purpose or utility that Users might attribute to the Service and to Service failures.

E) PERSONAL DATA

The user is bound to provide to HITS MOBILE accurate, current and exact data. Furthermore, the User may communicate to HITS MOBILE data corresponding to his identity being expressly prohibited the provision of data to third parties. For the purposes of the Organic Law of Personal Data Protection, CARRIER-E MOBILE, S.L. (hereafter HITS MOBILE), established in C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia) informs the User, as subscriber and/or user of the Service, that the data provided as well as those which are generated during the commercial relationship maintained with HITS MOBILE, will be treated necessarily in a file for which this entity is responsible with the following purposes: to supply him with the product and/or activate the required service; to comply with the development, fulfillment and control of the contractual relationship; to carry out the invoicing of products and/or required services, to attend to queries, claims or complaints and, Generally, but not limited, with all those purposes deriving from the management of the relations maintained with HITS MOBILE, as well as for the shipment of any kind of postal and/or electronic correspondence in this regard and for the maintenance of a historic file of commercial relations during the deadlines set by law. The above processing will be completed in accordance with the general conditions which in any event HITS MOBILE will deliver to the User regarding the contracted services or products.

When the data subject contacts HITS MOBILE through Customer Care Service, HITS MOBILE may proceed to record the conducted conversation in order to attend properly the request, inquiry or claim by the data subject. This recording will prompt alike a treatment of personal data under the responsibility of this entity, in order to guarantee the correct attention and provision of the Service by HITS MOBILE. In any event, the data subject will be warned at the start of the conversation about the recording that is going to be made.

Likewise, HITS MOBILE informs you that your personal banking data will be ceded, where appropriate, to the financial institutions for the recovery of the contracted service. Likewise, your personal data derived from the contracting of the service including those arising from the recordings of Customer Care Service may be ceded to the competent Public Authorities both administrative and Legal for the purposes required under the existing legal rules that in any case the cessions enable. The subject data may at any moment exercise his rights of access, rectification, opposition and cancellation before HITS MOBILE in writing to the following address C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia) or to the replaced one and to be communicated at the General Registry of Data Protection. Likewise, the data subject should communicate to HITS MOBILE any modification of the data given when contracting the Service from the moment when it occurs.

 

 

PARTICULAR CONDITIONS OF PAY MONTHLY PLAN SERVICE


The present conditions will regulate the operation and functioning of the Pay Monthly Plan with automatic top up service of CARRIER-E MOBILE, S.L. (HITS MOBILE), and will be complementary to the General Terms of Service Provision of Mobile Telecommunications in prepaid modality, as well as to the Terms and Conditions of Mobile Internet Service, as well as to the Particular Conditions of the Automatic Top-Up. The conditions will be available on the website www.hitsmobile.es.

A) OBJECT OF SERVICE

Through Pay Monthly Plan Service HITS MOBILE makes available to the user the possibility to make national and/or international calls and/or to connect to the internet via GPRS/UMTS (3G) and/or to send SMS and MMS with some special tariff conditions.

The User should pay a fee on a monthly basis which will give him the right to use a given volume of SMS and/or MMS and/or data traffic and/or national and/or international voice minutes including connection charge. The User should pay this amount whether he exceeds the contracted traffic volume or not, expiring the volume which has not been used. The charging will be by event for SMS and MMS, by seconds from the first second for voice usage and it will be made by sessions in 1KB blocks in case of the data traffic.

The excess, once the data volume has passed, will be charged additionally. Unless otherwise indicated in the offer, the fee doesn´t include or computes the voice and data in roaming and Premium services, services with additional or special charging, either video calls, or messages (SMS, MMS). These services will be charged in accordance with the tariff plan that the User has associated with the product.

HITS MOBILE reserves the right to modify unilaterally, at any time and without prior warning, the presentation, configuration and content of this Service, as well as Particular Conditions required for the Service usage, which will be applicable to subscriptions made from that moment on.

B) CONTRACTING PROCEDURE

Contracting: The contracting of products and services commercialized and made available to Users by HITS MOBILE through the website www.hitsmobile.es or phone numbers established by HITS, or points of sale of distributors network of HITS MOBILE, will be carried out by completing different forms by the User which are presented during all the contracting process and the expressed acceptance by the User of the present Particular Conditions and all the general terms applicable to the contracted service.

In the contracting process through the website www.hitsmobile.eswww.hitsmobile.es the sending of the completed form will finish the contracting process and will mean the full acceptance by the User of the commercial proposal of HITS MOBILE and of the applicable conditions.

HITS MOBILE will save a copy of this contracting for its own files in electronic mean.

In the contracting process by phone through Customer Care Service (800 654321 or 1212) the filling out by phone of forms and of the consent assertions required to the User will finish the contracting process and will mean the full acceptance by the User of the commercial proposal of HITS MOBILE and the applicable conditions. HITS MOBILE may, with previous consent of the User, record these phone conversations as copy for its own files on an electronic medium of this contracting. In the contracting process at the HITS MOBILE sales point distributors network the filling out of the printed form together with the User´s hand-written signature will imply the full acceptance by the User of the commercial proposal of HITS MOBILE and the applicable conditions.

Confirmation of the contract: Once the contracting process of the pay monthly plan service is finished, HITS MOBILE will supply a confirmation to the User for activating the subscription. HITS MOBILE will carry out this confirmation by sending a confirming SMS of activation of this subscription and of the conditions applicable to it. HITS MOBILE is not responsible regarding the User for the failed transactions beyond the terms and with the scope that the applicable existing legislation determines.

C) SERVICE TERMS OF USE

The User should make a correct, responsible and licit use of the Service, in accordance with the existing legislation, morals, good habits and the public order.

The User may in no way accede or use the services and the Service contents for illicit and injurious purposes to the rights and freedoms of third parties, that can harm, damage or inhibit by any means, the access to them, to the detriment of HITS MOBILE or of third parties.

HITS MOBILE reserves the right to take the appropriate measures in cases where evidences of a not responsible or fraudulent use of Service exist.

D) BILLING AND PAYMENT. TEMPORARY SUSPENSION AND DEFINITIVE INTERRUPTION OF THE SERVICE

The form of the payment associated with the service will be the one that the User chooses when passing on the subscription, among the forms of payment allowed by HITS MOBILE. The User may opt for the payment with a credit or debit Card or for direct debit from the saving/current account. Hits will process the direct debit orders and the required payment invocations for the development of the service.

Direct debit to the credit or debit card. Payments may be made by a VISA, VISA Electrón, MasterCard, Maestro and 4B. The User of service of HITS MOBILE should be the holder of the card, with which the payment is made.

Direct debit to the bank account. Payments may be made by direct debit into a savings or current account. The User of service of HITS MOBILE should be the holder of the account where the direct debit is made.

In addition to the monthly fee corresponding to the contracted Pay Monthly Plan, the User will indicate in the contract what amount he wants that HITS MOBILE charges on his bank¬ing account (through the Automatic Top Up service) as credit to cover the usage of the services not included in the contracted Pay Monthly Plan and the excesses in the event of the contracted voice and/or data volume being exceeded.

In the case when due to technical reasons it would not be possible to charge the User in the immediate aftermath of the accrual, HITS MOBILE may present the payment of the bill in the next periods. HITS MOBILE may charge for the immediate collection of accrual amounts when: (I) The User exceeds the limits of the agreed credit, (II) the User breaches the present contract or (III) in cases of fraud or risk of default.

The default by the User of the amounts due for using the Service on the dates when the payment should be made according to the bill, will mean an obligation for the User to pay an interest for late payment equal to the statutory interest of the money, increased by two percent (2%), as well as the expenditure incurred in returning of bill and unpaid invoice. HITS MOBILE may use and execute to obtain the recovery of the amounts due the credit and debit cards data and banking accounts that have been given by the Customer, the available balance associated with his subscription number, or deposits, securities or other established guarantees.

The delay of the total or partial payments by the Customer during a period of time higher than fifteen (15) days from the sending of invoice to the Customer may prompt prior notice of fifteen (15) days, the temporary suspension of the services contracted by the User with HITS MOBILE. The suspension will only affect those services whose payment has been delayed. HITS MOBILE will re-establish the suspended service within the working day following that on which is known that the amount due has been fully paid off.

The delay in the payment of phone service available to the public for a period higher than three (3) months, or the suspension of the Contract on two occasions, for late payments of the Service, will entitle HITS MOBILE to the definitive interruption of the Service and to the corresponding termination of the Contract.

If the Customer had lodged a complaint to the Consumer Arbitration Boards or to the State Secretary of Telecommunications and Information Society, HITS MOBILE will not suspend, neither interrupt the Serivice whilst the coplaint is being processed, as long as the Customer proves reliably the amount due by providing HITS MOBILE with the corresponding proof of payment.

The User accepts expressly the issuance of invoices in electronic form, through electronic means which guarantee the authenticity of the origin and the integrity of the invoice document. The issued invoices in electronic form will have the same effects as the invoice on paper and can be visualized by the Customer through the website of HITS MOBILE (www.hitsmobile.es). The Customer may, at any time, request to HITS MOBILE to receive once again his invoice on paper form.

E) SERVICE AVAILABILITY

HITS MOBILE doesn´t guarantee neither the availability nor continuity in the functioning of the Service, nor its suitability for any purpose or usefulness for the use of any activity in particular and nor its infallibility. HITS MOBILE reserves the right to suspend temporary the Service without need of previous notice. Till the maximum allowed by the applicable rules, HITS MOBILE excludes any liability for damages of any nature that may due to the lack of availability or continuity in the functioning of the Service, to the lack of suitability for determined purpose or utility that Users might attribute to the Service and to Service failures.

F) PERSONAL DATA

The user is bound to provide to HITS MOBILE accurate, current and exact data. Furthermore, the User may communicate to HITS MOBILE data corresponding to his identity being expressly prohibited the provision of data to third parties. For the purposes of the Organic Law of Personal Data Protection, CARRIER-E MOBILE, S.L. (hereafter HITS MOBILE)), established in C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia) informs the User, as subscriber and/or user of the Service, that the data provided as well as those which are generated during the commercial relationship maintained with HITS MOBILE, will be treated necessarily in a file for which this entity is responsible with the following purposes: to supply him with the product and/or activate the required service; to comply with the development, fulfillment and control of the contractual relationship; to carry out the invoicing of products and/or required services, to attend to queries, claims or complaints and, generally, but not limited, with all those purposes deriving from the management of the relations maintained with HITS MOBILE, as well as for the shipment of any kind of postal and/or electronic correspondence in this regard and for the maintenance of a historic file of commercial relations during the deadlines set by law. The above processing will be completed in accordance with the general conditions which in any event HITS MOBILE will deliver to the User regarding the contracted services or products.

When the data subject contacts HITS MOBILE through Customer Care Service, HITS MOBILE may proceed to record the conducted conversation in order to attend properly the request, inquiry or claim by the data subject. This recording will prompt alike a treatment of personal data under the responsibility of this entity, in order to guarantee the correct attention and provision of the Service by HITS MOBILE. In any event, the data subject will be warned at the start of the conversation about the recording that is going to be made.

Likewise, HITS MOBILE informs you that your personal banking data will be ceded, where appropriate, to the financial institutions for the recovery of the contracted service. Likewise, your personal data derived from the contracting of the service including those arising from the recordings of Customer Care Service may be ceded to the competent Public Authorities both administrative and Legal for the purposes required under the existing legal rules that in any case the cessions enable. The subject data may at any moment exercise his rights of access, rectification, opposition and cancellation before HITS MOBILE in writing to the following address C/ Corretger 63. Parque Empresarial Táctica - 46980 Paterna (Valencia) or to the replaced one and to be communicated at the General Registry of Data Protection. Likewise, the data subject should communicate to HITS MOBILE any modification of the data given when contracting the Service from the moment when it occurs.

 

 

NOTIFICATION OF CHANGE OF RESPONSIBLE AND PERSONAL DATA PROTECTION REGIME


In terms of data protection we remind you that the new responsible of the files is CARRIER-E MOBILE, S.L. (hereafter HITS) and for exercising your rights of access, correction, cancellation and opposition under the Law 15/1999 of 13 December regarding Personal Data Protection you may address:

  • By post on:
    CARRIER-E MOBILE, S.L., (Ref. LOPD), C/ Corretger 63, Parque Empresarial Táctica - 46980 Paterna (Valencia)
  • By email on:
    protecciondatos@hitsmobile.es

Below we indicate you your personal data protection regime which replaces the agreed one to date.

Additionally we would like to take this opportunity to request your consent for the processing of your personal data by HITS for the purposes indicated in the mentioned regime. Said consent shall be understood to have been given unless otherwise indicated within 30 days of receipt of this notification, by communication to each of the above indicated addresses and means. In all cases, you can revoke said consent in the same way and at any time after the indicated deadline.

From this moment on the personal data protection regime will be updated or modified, where appropriate and unless the regulations currently in force require doing it otherwise, by publishing it on the web site of HITS, prior notification to interested parties, by any means legally admissible and sufficiently in advance, informing that the new applicable regime since the corresponding date is available on the web of HITS (www.hitsmobile.es).

Personal Data Protection Regime.
In accordance with the Personal Data Protection Law, CARRIER-E MOBILE, S.L. (herewith HITS), with registered address C/ Corretger 63, Parque Empresarial Táctica - 46980 Paterna (Valencia) informs the Customer, as a subscriber to and/or user of the Service, that the details that he provides us with, as well as those that are generated during his commercial relationship with HITS will, by necessity, be stored in a database of which HITS is responsible, to the following ends: to provide the product and/or activate the service requested; carry out the development, delivery and control of the contractual relationship; carry out billing for the products and/or services requested, respond to queries, complaints or claims, and, in general and in a non-limiting manner, to all the ends associated with the management of the relationship with HITS, as well as for the shipping of any type of related documentation and for the maintenance of a historic record of the commercial relationship during the time periods established in law.

Likewise, in accordance with section 65 of Royal Decree 424/2005 of the 15th April, which ratifies the Amendment concerning the conditions for electronic communication services provision, universal service and user protection, HITS informs the Customer that his details will be stored when necessary for billing and payment, and only during the time period in which the bill can be disputed or the payment can be demanded. These details will be deleted when their storage is no longer necessary.

When the party concerned contacts HITS via the Customer Care Service, HITS can record the ensuing conversation in order to provide an appropriate response to the enquiry, request or claim made by the party concerned. Said recording will also be stored in a database of personal data of which HITS is responsible, with the purpose of guaranteeing the appropriate level of customer care and service provision by HITS. In all cases, the party concerned will be advised at the beginning of the conversation that the recording will be made.

Likewise, HITS informs you that your details, including those taken from the recordings of the Customer Care Service, can be ceded to the competent Public Authorities, whether administrative or Judicial, to the ends stipulated in the current laws that in each case authorize the ceding of details.

INFORMATIVE COMMUNICATION
In keeping with the provisions of the Law 15/1999 on Personal Data Protection (LPDP), the Law 34/2002 on Information Society Services and Electronic Commerce (LISSEC), and the Royal Decree 424/2005, which approves the Regulation of Universal Service, CARRIER-E MOBILE, S.L. (hereafter HITS), established in C/ Corretger 63, Parque Empresarial Táctica - 46980 Paterna (Valencia) informs the User, as subscriber and/or user of the Service, that in case that you are interested in HITS processing your personal data, including those of traffic and billing, for sending of advertising information related to both products and services marketed by third entity concerning telecommunication services by either post or email or equivalent medium, as well as the provision of services with added value by HITS, we need your prior and informed consent.

For this purpose, except otherwise indicated by ticking this box within 30 days and stating your refusal to personal data processing and sending it to us to the following address C/ Corretger 63, Parque Empresarial Táctica - 46980 Paterna (Valencia), HITS will process your personal data, including those of traffic and billing, with the aim to send you commercial and advertising communications by post as described in the above paragraph and commercial communications by email or equivalent medium related to both products and services marketed by HITS similar to those that were initially subject to contracting by the interested party and products and services marketed by third entities in the indicated terms.

Similarly and except otherwise indicated by ticking this box within 30 days and stating your refusal to personal data processing and sending it to us to the following address C/ Corretger 63, Parque Empresarial Táctica - 46980 Paterna (Valencia), HITS will process your traffic and billing data with the aim to provide services with added value as described previously. In this regard and according to the stated regulation, we inform you that the data which will be subject of processing will be the result of traffic and billing such as usage, destinations, top ups and time slots, the services for which the processing is made will be the services of information and content, and that this processing will be in force as long as the given consent isn´t revoked or no termination of contract is made under the terms set forth in the general terms and conditions of the service.

If at the end of the indicated period subsequent to the reception of this communication you have not stated to the contrary either through return and ticking of the corresponding boxes or by contacting our customer care service through the phone number 1212 (for calls made from Hits mobile network) or 634 301212 (for calls made from outside of Hits mobile network), or by email at protecciondatos@hitsmobile.es, it will be considered that you consent your data processing for the indicated purposes. Nevertheless, we inform you that you may revoke the given consent at any time without retroactive effect and object the processing of your personal data both for sending of commercial promotions through the indicated medium and for the provision of services with added value by HITS.