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General Terms

Contracting Conditions

GENERAL PROVISIONS

These general conditions govern the products and services that NUONET GESTION S.L. (hereinafter, "Nuonet"), with registered office at C/ Labiano 1-3 bajo, 31006 Pamplona (Navarra), Spain, Tax ID B-31876477, and registered in the Mercantile Registry of Navarra, Volume 1215, Folio 12, Sheet NA-24277, offers through the portal rockthesport.com to all users (hereinafter, the "User").

Contracting with Nuonet through the portal necessarily implies full and unreserved reading and acceptance of these general conditions, which govern the terms of service provision. By accepting them, the User acknowledges and declares that they have the legal capacity required by the applicable legislation to enter into this contract. Nuonet reserves the right to set specific contracting conditions for certain services and/or products; in such cases, those specific conditions will prevail over these general conditions and will also complement the provisions of the legal notice. Customers are informed that the general contracting conditions on the portal are offered only in Spanish and, once accepted, will be stored on servers contracted by Nuonet with its processors, and may be accessible from the User's account in the system.

OBJECT

These general conditions govern the contracting by users of the products and services that Nuonet offers through the site rockthesport.com.

DESCRIPTION OF PRODUCTS AND SERVICES

The User can find, next to each product and service offered through rockthesport.com, a detailed description and its characteristics. Nuonet reserves the right to vary the number, quantity, features, scope, content, price, availability, and, in general, any circumstance that may affect the offering of products and services on the site.

PRICE

Whenever a service is classified as a “paid service,” the User agrees to pay the amount indicated alongside its description. Nuonet informs that all prices shown on the website, unless otherwise stated, must be increased by Value Added Tax at the legally applicable rate. Nuonet reserves the right to change the price of products and services at any time; the valid and applicable price for contracting purposes is the one displayed next to each product and/or service at the time of contracting. No right or expectation of right is generated by previous or subsequent offers.

Nuonet informs Users that it is an essential requirement that the User pays the price prior to the provision of the service; effective provision is subject to payment being made, without prejudice to Nuonet’s right of withdrawal and termination of the contract as provided in these general conditions.

In the event of non-payment by the User of any amounts due to Nuonet as consideration for any type of service or product, Nuonet reserves the right to temporarily suspend such service, and also reserves the right to permanently suspend the service at any time, terminating the contract with the User for a cause attributable to the User and reserving the exercise of any legal actions to recover the amounts owed.

Regarding paid registrations to events by Users, Nuonet warns that, once the applicable management fee has been deducted, the remainder is automatically transferred to the event organizers, who assume full responsibility and management of such amounts. If the activity is ultimately not held, for whatever reason, Nuonet will not refund the portion corresponding to management fees nor, where applicable, any costs that may be generated by refunds. The site rockthesport.com is merely a technological platform made available to Users for organizing sports events; the event organizers are solely responsible.

DATA PROTECTION

Nuonet Gestión S.L. (hereinafter, “Nuonet”) will process the data provided by the Customer in accordance with the Privacy Policy available on this website. Nevertheless, for those users/athletes as well as organizers who create a profile, we provide the following additional information.

5.1 Information for users/athletes

In accordance with Articles 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter, “GDPR”), and Articles 6 and 11 of Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (hereinafter, “LOPDGDD”), which regulate the right to information when collecting data, we inform you of the following:

What personal data do we collect?

The personal data that the User may provide:

  • Your identifying data (e.g., name, surname, language and country from which you interact with us, contact details, etc.).
  • Commercial information (e.g., if you are subscribed to our newsletter), subject to the User’s prior consent.
  • Data about your likes and preferences. When we ask you to fill in your personal data to grant access to a functionality or service on the Platform, we will mark certain fields as mandatory because we need them to provide the service or grant access to the requested functionality. Please note that if you decide not to provide such data, you may not be able to complete your registration as a user or enjoy those services or functionalities.
  • Any other information or data that you decide to share with us. In some cases, completing the registration form is mandatory to access and use certain services offered on the website; likewise, failure to provide the requested personal data or failure to accept this data protection policy will make it impossible to subscribe, register, or participate in any promotions where personal data is requested.
Why and for what do we process your data? — Purposes of processing

Depending on the purposes, we will need to process different data, which in general will be, as the case may be, the following:

  • Manage your registration as a user of the platform: Processing your data is necessary to execute the terms governing the use of the Platform. If you choose to access or log in via a social network, the basis for processing your data is the consent given when authorizing the transfer of your data from the social network.
  • Development, performance, and execution of the sales or services contract: Processing your data is necessary for executing the contract. Some processing associated with the purchase process may be activated only upon your request/authorization, such as storing payment card data for future purchases, scanning purchase tickets (App Wallet), or informing you about product availability. In those cases, the basis for processing is your consent. We consider we have a legitimate interest to carry out checks to detect and prevent possible fraud when you make a purchase.
  • Customer service: We consider we have a legitimate interest to handle requests or inquiries you submit through the different contact channels. When the inquiry relates to managing incidents concerning your order or the product/service acquired through the Platform, processing is necessary for contract execution. When your inquiry relates to exercising rights or claims, processing is based on our legal obligations.
  • Marketing: The lawful basis for processing your data for marketing purposes is the consent you give (e.g., to receive personalized information through various channels, push notifications, participation in promotions, or publishing your photos on the Platform or our social channels). To show you personalized information, we consider we have a legitimate interest to build a profile with information we have about you (browsing, preferences, purchase history) and personal data you provided (e.g., age range or language).
  • Usability and quality analysis: We consider we have a legitimate interest to analyze the Platform’s usability and the User’s satisfaction level to improve the User experience and provide a higher-quality service.

The personal data obtained as a result of registering as a user will be part of the Record of Processing Activities (RAT), which will be periodically updated in accordance with the GDPR. All relevant security measures have been adopted.

Users are informed of the possibility of withdrawing consent, where granted for a specific purpose, without affecting the lawfulness of processing based on consent before its withdrawal.

What is the legal basis for processing your data?

Processing your data may be based on the following legal bases:

  • Explicit consent of the data subject to manage the provision of the service and/or sale of the product, for contact forms, and to process data for purposes aligned with the company’s activity.
  • Explicit consent of the data subject to send commercial information.
  • Compliance with legal obligations regarding fraud prevention, communication with public authorities, and third-party claims.
How long do we keep your data?

Data processing for the described purposes will be maintained for the time necessary to fulfill the purpose of collection, as well as to comply with legal obligations arising from processing, without prejudice to retention necessary for the formulation, exercise, or defense of potential claims and/or whenever permitted by applicable law. We undertake to cease processing when the retention period ends and to duly block the data in our databases.

Who are the recipients of your data?

As a general rule, NUONET will not transfer personal data to third parties, except in situations where it is mandatory by law or when a service has been outsourced for the company’s normal operation. Such transfers will be communicated to the data subject through consent clauses established by data protection regulations.

NUONET seeks to guarantee the security of personal data when sent outside the company and ensures that third-party service providers respect confidentiality and have appropriate measures to protect personal data. In some cases, the law may require disclosure of personal data to public bodies or other parties; only what is strictly necessary will be disclosed. Personal data obtained may also be shared with other group companies.

When you select the event in which you wish to participate, your data are collected by the companies, clubs, or organizations that promote the sports events and in which you register as a participant. Your personal data are processed and stored by those companies, which, like us, are obliged to comply with data protection regulations. You may exercise your rights with us or with the event organizer.

Where is your data stored?

Generally, data are stored within the EU. For data sent to third parties outside the EU, we ensure that they provide an adequate level of protection.

What rights do you have and how can you exercise them?

Users may exercise the rights of access, rectification, erasure and objection, and the right not to be subject to automated individual decision-making, in relation to data processed, according to current data protection regulations.

To exercise these rights, the User must send a written communication, providing documentation proving their identity (ID card or passport), to: NUONET GESTION, S.L., C/LABIANO 1 BAJO, 31006 PAMPLONA (NAVARRA), or to the address that may replace it in the General Data Protection Register. This communication must include: the User’s name and surname, the request, address, and supporting data. Rights must be exercised by the User; however, they may be exercised by a person authorized as the User’s legal representative, in which case documentation proving such representation must be provided.

You can also exercise your rights by sending us an email at info@rockthesport.com with valid proof under law such as a photocopy of your ID or equivalent, indicating in the subject “DATA PROTECTION.” If you contact us from the email address used for registration, that will serve as valid proof of ownership.

Another communication channel is our Data Protection Officer: Vialmedia Data Management via email at dpo@vialmedia.es.

You also have the right to effective judicial protection and to lodge a complaint with the supervisory authority, in Spain the Spanish Data Protection Agency, if you consider that the processing of personal data infringes the regulation.

Who is responsible for the accuracy and truthfulness of the data provided?

The User is solely responsible for the accuracy and correctness of the data provided, releasing NUONET from any liability in this regard. Users guarantee and are responsible, in any case, for the accuracy, validity, and authenticity of the personal data provided, and undertake to keep them duly updated. The User agrees to provide complete and correct information in the registration or subscription form.

How do we process minors’ personal data?

As a general rule, NUONET does not use minors’ data in its services, since they are aimed at adults. If minors’ data are processed for specific services, the consent of parents or legal guardians will be requested for collection and, where appropriate, for automated processing of data under the terms established by applicable regulations.

What security measures do we apply to protect your personal data?

NUONET has adopted the legally required security levels for the protection of personal data and endeavors to install any additional technical measures within its reach to prevent loss, misuse, alteration, unauthorized access, and theft of personal data provided to NUONET.

How do we use cookies?

NUONET’s website and social networks use cookies to optimize and personalize browsing. Cookies are information files stored on the User’s device; the information collected via cookies is used to facilitate browsing and optimize the experience. Data collected through cookies may be shared with their creators, but the information will not be associated with personal data or data that could identify the User. If the User does not wish to have cookies installed, they can configure their browser to prevent installation. For more information, please see our Cookie Policy.

5.2 Information for organizers

In compliance with Articles 24 to 28 of the GDPR, processing of personal data on behalf of a controller requires a private contract with the corresponding legal requirements. Since Nuonet must access personal data files for the services contracted, such processing will be carried out under the following terms:

Access by Nuonet to the controller’s data shall not be considered a data disclosure. Nuonet will only process the data according to the controller’s instructions and solely to fulfill the assignment under the present contract so that the processor can provide the agreed services. Under no circumstances may Nuonet apply or use the personal data/files for purposes other than those provided in this contract.

Nuonet is obliged to implement the technical and organizational measures referred to in Article 28 GDPR, guaranteeing the security and integrity of personal data and preventing alteration, loss, processing, or unauthorized access, considering the state of the art, the nature of the data, and the risks to which they are exposed. Once the contractual service is completed and the relationship between the parties ends, the personal data used by Nuonet must be destroyed. The same applies to any media or documents containing personal data.

Nuonet will process, on behalf of the organizer and following the organizer’s documented instructions in this contract, the personal data necessary to provide the registration and data storage service for the organizer and its participating users. The purpose is access to and processing of personal data to provide the contracted services. International Data Transfers may only be carried out if the requirements set by the Spanish Data Protection Agency or applicable regulations are met and, where appropriate, with the controller’s authorization.

Termination of the service relationship will oblige the processor (NUONET) to retain personal data provided by the controller whenever there is a legal obligation to do so. Once that period has ended, the information must be destroyed along with any media or documents containing personal data.

The Organizer is responsible for: conducting, where appropriate, a data protection impact assessment; making any necessary prior consultations; ensuring compliance with data protection regulations by the processor; providing the right to information at data collection; supervising processing, including inspections and audits. Nuonet may, on behalf of the controller and within the established timeframe, respond to data subjects’ requests to exercise rights of access, rectification, erasure, objection, restriction, portability, and not to be subject to automated individual decision-making for the data under this assignment.

Organizer contact with Nuonet: info@rockthesport.com | Phone: +34 948 23 23 38 | Via the contact tab on the online platform.

ABOUT SPORTS EVENTS

Any User who creates any type of event or activity, whether as “Athlete” or “Organizer,” must do so in accordance with the following rules:

  • They must be sports activities whose practice is legally permitted. The User must obtain the necessary permits from the competent authorities before creating the event or activity and is responsible, where applicable, for arranging insurance and adopting the corresponding health measures.
  • The User must provide truthful and accurate data regarding all the characteristics and development of the event, and about themselves as organizer or athlete, especially contact details.
  • If personal data are required for event management and the processing falls within the scope of applicable data protection law, the User must collect and process such data in accordance with the law, especially regarding informed consent, data quality, and information on data subjects’ rights. It must be made absolutely clear that Nuonet is never the file controller; only basic-level data may be collected; and, as file controller, the organizer will inform users in advance of their rights.
  • If minors or incapacitated persons are allowed to register, the necessary consent must be obtained for activities and events, pursuant to the Civil Code and other applicable rules.
  • Any graphic material used must respect intellectual and industrial property laws, expressly releasing Nuonet from any liability in this regard.

VALIDITY OF THE OFFER

This contractual offer is not permanent and is determined by the publication on the website of the services and the technical feasibility of providing them, as well as, where applicable, the stock of any products offered. Nuonet may establish temporary campaigns or promotions for certain products and/or services, in which case the validity of the offer is determined by the campaign/promotion period.

NOTIFICATIONS

For any matters arising from this contract, Nuonet may contact the User via any means provided during website registration. Likewise, Nuonet provides the following postal address for all notifications relating to this contract: C/ Labiano 1-3 bajo, 31006 Pamplona (Navarra), Spain.

MODIFICATION

Nuonet reserves the right to modify these general conditions without prior notice to Users; the conditions published on the website at any given time shall govern contracting between the parties.

TERMINATION OF THE CONTRACT

Nuonet and the User may unilaterally terminate the Contract at any time without the need for justified cause. If the User withdraws from the contract and had advanced any amount, they will not be entitled to a refund, and such amount will remain in favor of Nuonet. Conversely, if Nuonet withdraws from the contract, it will refund, where appropriate, the amount corresponding to the unused proportional part of the price paid by the User. Nuonet may terminate the Contract in the event of breach by the other party, without prejudice to any claim for damages that may apply.

VALIDITY OF THE CONDITIONS

If any clause of these conditions is declared unlawful and unenforceable by the competent authority, such circumstance shall not affect the validity of the remainder of the contract.

APPLICABLE LAW

These general conditions shall be governed by Spanish law.

JURISDICTION

For any matters arising from this contract, the parties, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of the city of Pamplona.