Legal notices
Legal notice, terms of use, media publishing, affiliate program, privacy and cookies at Growwer.
Section 1
Legal Notice & General Terms of Use
Legal notice
Virality Media, S.L. (hereinafter, the Owner), with Tax ID (NIF) B66710815 and registered office at Carretera Esplugues 47, Esc. D, 5-1, Cornellà de Llobregat 08940, Barcelona, registered in the Barcelona Mercantile Registry, Volume: 45221, Folio: 50, Section: 8, Sheet: 480820, Entry: 1, is the owner of the Marketplace accessible at the URL: https://growwer.com/ (hereinafter, Growwer or the Marketplace, interchangeably).
For any inquiry, question, or suggestion regarding Growwer, you can contact us at the following email address: support@growwer.com.
Set out below are the conditions that generally govern access to the Owner’s website, including the services and features offered there, without prejudice to the application of other different conditions or their modification.
Periodic reading and review are recommended, as changes to the legal texts may occur.
General Terms of Use
1. Identification of the parties
These General Terms of Use are entered into, on the one hand, by the Owner and, on the other, by you, as a User—an individual or legal entity—who voluntarily accesses the Marketplace freely and free of charge. These terms apply whether or not you contract the services offered on the platform.
2. Purpose of the Marketplace
2.1. The purpose of this Marketplace is the creation of a technological intermediation platform that facilitates the contracting of the media publishing services offered by Users, by managing the payment system (wallet), operational validation of engagements, and incident management.
2.2. On Growwer, Advertiser Users (who may be the owners of the media or intermediaries authorized by the owners) may publish and sell media to maximize the visibility of Client Users’ businesses, who will contract the media in order to reach a wider audience, thereby improving the reputation and sales of such businesses.
2.3. Access to and navigation of the Marketplace are free, although offering and contracting services entails payment of a price, as well as acceptance of specific Conditions.
3. Obligations of the parties
3.1. Owner’s obligations. The Owner undertakes to:
- Use its best efforts to carry out the procedures necessary to properly manage the publication of media and services offered on the platform.
- Provide all information and documentation necessary for the provision of the services.
- Comply with these obligations as well as any others that may apply.
3.2. Users’ obligations. By accepting these Conditions, Users undertake to:
- Be responsible for the truthfulness and authenticity of any data provided to contract the selected services.
- Assume the responsibilities arising from any of the requirements demanded by these Conditions.
- Comply with any other obligations contained in these Conditions or any others that may apply, and assume any liability arising from their breach, fully holding the Owner harmless.
The User undertakes to use the services and content on the Marketplace in accordance with the Law and the general and specific terms and conditions agreed, and must refrain from using them to:
- Transmit their username and password to unauthorized third parties, and must immediately notify the provider of any access by an unauthorized User to such information.
- Carry out unlawful activities contrary to good faith, custom, morality, or public order.
- Carry out activities that infringe regulations on intellectual and industrial property or any other rule of the applicable legal system.
- Reproduce, duplicate, sell, or exploit for commercial purposes any content of the Marketplace and/or any information or data accessed in connection with its use.
- Disseminate content of a racist, xenophobic, or pornographic nature, that glorifies terrorism, and/or that violates human rights.
- Use the Marketplace for commercial purposes; for example, gathering information or content to provide other services that may pose clear competition to Growwer or otherwise.
- Modify the platform in any way, or perform actions or use means aimed at simulating its appearance or functions.
- Take any action involving the introduction of computer viruses, worms, Trojans, or any other type of malicious code intended to interrupt, destroy, or limit the platform’s functionalities.
- Employ reverse engineering techniques and/or decrypt, decompile, or use any other system aimed at discovering the source code of the website or any element subject to copyright or underlying intellectual property.
4. Availability of the Marketplace
The Owner strives to improve and expand Growwer, as well as its content and the services offered therein. Nevertheless, the Marketplace will be displayed as it stands at any given time, subject to availability, limitations, and other concurrent circumstances.
5. Specific Registration Conditions
These Specific Registration Conditions are entered into, on the one hand, by Growwer and, on the other, by the User who has completed the corresponding form to create an account and the steps indicated on the Marketplace to carry out registration, together with acceptance of these Specific Conditions.
5.1. Requirements and procedure to create an account. To create an account on the Marketplace, the User must be a validly incorporated legal entity or an individual of legal age in accordance with Spanish law.
The Growwer Marketplace has a standard registration that does not distinguish at sign-up whether the User is an Advertiser or a Client; this status will depend on the use made of the Platform.
The User must access the “Register” option, provide their first and last name, enter an email address and other requested data, backed by a password. They must complete all the indicated steps, including reading the information on the Privacy Policy and these Conditions.
Growwer will confirm the User’s registration on the Marketplace by sending an email, through which the User must confirm their registration and identity via a link or similar provided in the email; access to the site will not be permitted unless the previous step has been completed. Once registration and identity have been confirmed via the link, they will become a Registered User.
If a Registered User does not remember their password, they must click “I forgot my password” and enter the email used for registration in order to reset it.
The Owner reserves the right to check and verify the User’s identity at any time. Failure to meet the requirements set out in this section, or deception regarding identity, entitles the Owner to deactivate such User at any time, releasing the Owner from any liability for such action.
5.2. Obligations of the Registered User. The Registered User has the following obligations:
- Not to register with multiple User accounts on the Marketplace, nor to do so with false data or by impersonating third parties. You are responsible for providing your real data.
- Not to use or attempt to use another User’s account without authorization or consent.
- To be solely responsible for all activities carried out from your personal account on Growwer.
- To safeguard the confidentiality of your access data, as you will be responsible for any harm you or third parties suffer from breaching these Conditions. You are also responsible for what happens in your personal account unless its security has been compromised for reasons beyond your control. Specifically, you must: keep the account up to date; store the chosen password confidentially; be the only User who uses the created account; and not commercialize, sell, or transfer the account to a third party.
- Growwer reserves the right to verify the User’s profile and may delete or suspend the account in the event of breach of these legal texts or any others that apply.
5.3. Modification and cancellation of the User account. At any time, the Registered User may modify the data, addresses, or billing of their personal account, or cancel the account through the user area.
5.4. Specific wallet conditions. The purpose of these Conditions is to govern the acquisition of balance in the Wallet by Users in exchange for the stated financial consideration, subject to prior acceptance of these Conditions. The price will appear in the App in euros, including VAT or any applicable taxes.
To do so, the User must indicate the amount they wish to top up in the wallet and provide all data necessary to complete the transaction. The User must select the chosen payment method. The payment methods currently available are: debit or credit card; PayPal; and bank transfer.
Once the User has provided this data, after reviewing their request and depending on the selected payment method, they must proceed with payment and thereby confirm their intention to contract and formalize the acquisition of balance, subject to prior acceptance of these Conditions.
5.4.1. Obligations of the parties. The Owner undertakes to carry out efficiently and effectively all procedures for acquiring the balance; to send Users all information and documentation necessary for the provision of the services; and to comply with these and any other applicable obligations. For their part, Users undertake to pay, in due time and form, the amounts specified in the contracting process (non-payment releases the Owner from its obligations); to be responsible for the truthfulness and authenticity of the data provided; to assume the responsibilities arising from the required conditions; and to comply with any other applicable obligations, holding the Owner harmless.
5.4.2. Right of withdrawal and refund. As you do not qualify as a consumer and user under consumer protection regulations, withdrawal options will be those indicated on the Marketplace at any given time. Notwithstanding the foregoing, the User may request a refund of the funds held in the wallet at any time, through the features established on the Marketplace or by contacting the Owner. Once the request is received, the amount will be refunded according to the payment method used by the User, where technically possible.
6. Specific Conditions for the Contracting of services by Users
6.1. Growwer as a Marketplace. Growwer is a Marketplace; it does not sell or market any product or service offered on the platform. It is solely a technological intermediation platform that provides Users with a channel through which to offer and contract their services.
Registration on Growwer allows the User, after a special process and acceptance of special legal terms, to publish media (in which case the User is called an Advertiser). Advertisers may be the owners of the media or intermediaries authorized by them. Additionally, the User may contract from Advertisers the services or products they offer (in which case the User is called a Client). As a Registered User, one may also save information about contracted services for future engagements.
6.2. Identification of the parties in contracting by Users. For the purposes of these Specific Conditions, the parties are: (a) Growwer as a technological intermediary in the contractual relationship between the Advertiser and the Client—the contractual relationship regarding goods or services will always be between Advertiser and Client; (b) the Advertiser User, an individual of legal age registered on the Marketplace who completes the steps for publishing media freely and voluntarily, including acceptance of the Media Publishing Terms; and (c) the Client User, an individual of legal age registered on the Marketplace who completes the steps for contracting the services freely and voluntarily, including acceptance of the Terms offered by Advertisers.
6.3. Contracting of services between Advertisers and Client Users. The contracting process for Clients may be carried out through the Marketplace, by identifying as a Registered User via the form established for this purpose, providing the data required at the time of contracting with the Advertiser. Next, to contract with the Advertiser, the User must create a project. They must then choose the Advertiser’s media that most interests them and finally pay for that service.
6.4. Specific Conditions established between Advertisers and Clients.
6.4.1. General. The Specific Conditions are the terms that govern the provision of services by Advertisers in favor of Clients and are accepted at the moment the Client contracts the Advertiser’s services. Growwer is neither responsible for nor controls these Conditions, as they are imposed by the Advertisers. The Owner is neither the owner nor the provider of the services offered on the platform, does not review the media published on Growwer, and is in no case party to the contracting carried out between Advertisers and Clients; it is therefore not liable for any harm or incident arising from the contracting and provision of such services.
6.4.2. Pricing policy. Users may hold a balance on the platform. However, the prices and features of the services will depend on what the Advertiser establishes in their section. Any additional item will be indicated on the Growwer page, so that Client Users have access to it before starting the contracting procedure. Prices are shown in Euros, broken down by taxable base and applicable taxes. The Marketplace may include promotions and/or discount codes provided by Advertisers; any modification is subject to their will, without Growwer intervening.
6.4.3. Withdrawal and cancellation policy. The terms for canceling the contracting of a service must comply with the provisions established by the Advertiser in their section. As a general rule, contracted services may not be canceled on the platform unless agreed between the Advertiser and the Client. Likewise, the right of withdrawal does not apply to engagements unless recognized by law; where applicable, it must be exercised against the Advertiser by the Client, without Growwer being liable.
7. Growwer’s disclaimer of liability
7.1. Growwer works to keep the Marketplace’s services and features available at all times. Nevertheless, when you access it, it will be shown according to the availability and limitations present at any given time.
7.2. Despite the Owner’s ongoing efforts to protect its systems and content, full guarantees cannot be offered regarding intrusions or loss of information that may occur, nor can the absence of viruses or other harmful elements be guaranteed. For this reason, the User understands and accepts that situations may arise beyond Growwer’s control.
7.3. The Marketplace may include links to third-party pages or sites unrelated to the Owner, over which it assumes no liability, as it neither approves nor reviews their functions and content. Any User who accesses a link published on the platform does so at their own risk.
7.4. The Marketplace is exempt from all liability arising from misuse by Users, as well as from the breach of the obligations or commitments assumed.
7.5. The main relationship for the services will be between the parties, so the Owner will not be obligated to the Client User beyond invoicing for its own services, not for those offered and performed by the Advertiser.
7.6. The Owner will not be liable for the services, products, links, or posts offered, their content, or the information provided, as it is a technological intermediation platform managed for the contracting of media publishing services offered by Registered Users.
8. Intellectual and industrial property rights
8.1. All intellectual and industrial property rights over the Marketplace and its content (programming, design, applications, graphics, code, text or images, trademarks, trade names, distinctive signs, and other elements, including the Growwer trademark) belong exclusively to the Owner, or it holds sufficient rights and/or authorizations for their exploitation.
8.2. Any reproduction, distribution, public communication, transformation, or any other form of exploitation, even citing the sources, is prohibited unless the prior, express, and written consent of the Owner or of the exclusive holder of the affected rights is obtained.
8.3. Users must hold the rights to any content they upload to the Platform; Growwer is in no case liable for such actions and content.
9. Procedure for notifying infringements and removing content
9.1. If you detect any infringement, please notify us at support@growwer.com as soon as possible.
9.2. Any User whose right over content published on Growwer by another User is infringed may notify the Owner of an infringement, providing all information or documentation that certifies the truthfulness of their request.
9.3. The Owner, after reviewing the notification, may carry out a precautionary removal of the claimed content, or notify the affected User of the claim and request submissions or proof of ownership. Following that procedure, it will decide on the definitive removal of the claimed content.
9.4. The Owner will keep evidence of the entire procedure.
10. Indemnification
10.1. The Owner may sanction any Users who breach the applicable conditions with temporary or indefinite inability to access the Marketplace. Access restriction will in no case entail a right to compensation.
10.2. Any harm, loss, damage, or cost (including attorneys’ and court agents’ fees) arising from a User’s breach and incurred by Growwer must be compensated by the User who caused it. This covers any third-party claim arising from such breaches.
11. Modifications
11.1. These Conditions may be modified and/or updated at any time without prior notice. Modifications take effect upon their publication on the Marketplace.
11.2. The modification will only affect Users who accepted them after such modification.
12. Other matters
12.1. Severability and interpretation. If the competent Authority declares any of these provisions illegal, invalid, or unenforceable, it must be interpreted in the manner closest to the original intent. Such a declaration will not affect the validity of the remaining provisions. The Owner’s failure to demand strict compliance with any of the terms does not constitute a waiver of the right to demand it in the future.
12.2. Language. The applicable language is Spanish. If versions in other languages are provided, it is solely as a courtesy; in the event of contradiction, the Spanish version prevails.
12.3. Governing law and jurisdiction. Relations between the Owner and the User are governed by Spanish law. Where the user qualifies as a consumer and user, disputes will be submitted to the Courts and Tribunals of the User’s domicile. Otherwise, they will be determined by the Courts and Tribunals of Barcelona.
Section 2
Media Publishing Terms
1. Identification of the Parties
These Terms govern the publication of media offered through Growwer. The parties involved are: (a) Virality Media S.L. (the Owner), with Tax ID (NIF) B66710815 and registered office at Carretera Esplugues 47, Esc. D, 5-1, Cornellà de Llobregat 08940, Barcelona, owner of the Marketplace accessible at https://growwer.com/, as a technological intermediary in the contractual relationship between the Advertiser and the Client; and (b) the Advertiser User, an individual of legal age registered on the Marketplace who completes the steps for publishing media freely and voluntarily in order to offer their products or services. Under the Consumers and Users Act, Advertisers do not qualify as consumers or users.
2. Purpose
2.1. The purpose of these Conditions is to establish a framework for the sale of media published by Advertisers on Growwer.
2.2. Growwer is a Marketplace that provides its Users with a common space for those who wish to publish and contract media to maximize business visibility. The Owner only provides a technological intermediation platform that facilitates the contracting of the media publishing services offered, by managing the payment system (wallet), operational validation of engagements, and incident management.
3. Media publication process by Advertisers
3.1. Publication process. The process may be carried out through the Marketplace by identifying as a Registered User. Next, the Advertiser must: (a) complete the process as a registered User and access their personal account and seller panel, then select the option to publish media; (b) enter the main URL and other required data (country, type, topic, and post characteristics); (c) verify that the published media matches their intent; (d) choose whether they write the media or it is written by the Owner, adjusting the price accordingly; and (e) the Owner will confirm the correct publication of the media.
3.2. Rules for publishing media.
- The Advertiser must own the published media or be authorized to make it available, expressly declaring this in the publication form.
- They must provide certain data and disclose any deficiency, restriction, and relevant requirements, as well as any other information Growwer requests.
- They are responsible for keeping the media’s information up to date at all times, including date availability.
- A price must be set (including taxes, if applicable) for the media, as well as any additional item included.
- What is provided during the publication process (services, deadlines, etc.) will form part of the Specific Conditions between the Advertiser and the Client.
- It is the Advertiser’s responsibility to be the sole and exclusive owner and provider of the published media, holding all necessary rights, licenses, consents, and disclaimers. If acting as an authorized intermediary, the Advertiser must likewise hold such rights.
- The Owner does not automatically review all media, but reserves the right to remove listings that breach these terms, and may request supporting documentation, suspend media, hide listings, block orders, withhold settlements, cancel operations, or delete accounts where there are reasonable indications of lack of authorization, infringement of rights, misuse of trademarks, or third-party claims.
3.3. Payment policy, commissions, and service features. The Owner will pay the Advertiser the agreed price once the Client has contracted the media and made payment. The Owner will offer Clients the media at the amount set by Advertisers, increased by the commission the Owner will receive for the technological intermediation. The Owner will allocate the agreed amount to the Advertiser’s wallet, and the Advertiser may withdraw the pending balance according to the process indicated on the platform.
3.4. Withdrawal from media publication. Advertisers do not qualify as Consumers and Users. Should they exceptionally hold such status, under Article 103(a) of the Consumers and Users Act, the right of withdrawal cannot be exercised once the provision of services has been fully performed, it being understood that the service is performed as soon as the media is published. Nevertheless, Advertisers may delete published media through the features of their personal account.
4. Advertisers’ obligations
By accepting these Conditions, Advertisers undertake to be responsible for the truthfulness and authenticity of any data provided to Growwer to publish media; to assume the responsibilities arising from the requirements to hold Advertiser status; and to comply with any other applicable obligations, assuming any liability arising from their breach and holding the Owner harmless.
5. Acceptance of the Media Publishing Terms
When the provision of services is carried out entirely through the Marketplace, the Advertiser must read these Terms and expressly accept them by clicking the corresponding consent checkbox, which is unchecked by default, at the end of the publication process. They also apply during the subsequent provision of services between Advertisers and Clients, together with the Specific Conditions established between both parties and the Specific Registration Conditions.
6. Disclaimer of liability
6.1. The performance of the Conditions will be carried out in accordance with what was contracted and according to the platform’s technical and legal possibilities. The Owner’s activity is limited to the intermediation and facilitation of the media published by Advertisers and the operational tasks necessary to contract them.
6.2. The Owner is not responsible for the content and media provided by Advertisers. It will only be liable for damages caused as a result of the engagements when they arise from its willful or negligent action. By way of example, it is not liable for: the usefulness of the contracted services to the User; damages caused by their use where the recommendations were not followed; breach due to force majeure; the unlawfulness of the content provided by the Advertiser; or the Specific Conditions agreed between Advertisers and Clients.
6.3. The Advertiser declares that all media offered is its exclusive property and in no case infringes third-party rights.
6.4. The Owner will be answerable to the Client but will not be liable for breaches arising from the Advertiser.
6.5. Regarding balance withdrawal, Growwer will only be liable when the damages arise from its willful action. It is not liable for: the User’s errors in processing the withdrawal of funds; the Advertiser’s expectations; breach of these Policies; or the Advertiser’s failure to meet its tax duties.
6.6. The liability assumed by the Owner toward the User in no case includes loss of profit and will be limited, at most and on any account, to the total amount received as redemption.
7. Data protection
7.1. General. The Advertiser must provide their Privacy Policy on Growwer to make it available to Clients. If they wish to use the collected information for other purposes, they must include it in their Privacy Policy or request the user’s consent in accordance with applicable law.
7.2. The Owner as data processor. The Owner acts as data processor, being an intermediary between Advertisers and Clients, with Advertisers being the controllers of the data of the Clients who acquire their media. The Owner will process the data in accordance with the purpose of the relationship and under the Controller’s instructions, adopting appropriate technical and organizational measures, and will refrain from using it for other purposes or disclosing it to third parties except with prior authorization or legal obligation. The Owner undertakes to maintain secrecy and confidentiality without time limit.
The performance of the relationship requires subcontracting part of the services, specifically:
| Subprocessor | Purpose | Data received |
|---|---|---|
| Revolut Bank UAB Vilnius, Lithuania · Tax ID LT100011706713 | Card payment gateway (current default method). | Buyer’s email and payment amount. |
| PayPal (Europe) S.à r.l. et Cie, S.C.A. Luxembourg · Tax ID LU22046007 | Alternative payment method. | PayPal account email and payment data, including settlement emails to sellers. |
| ActiveCampaign, LLC Chicago, USA · EIN 20-0215482 | CRM and email marketing platform. | Email, name, phone, and custom behavior/segmentation fields. |
| Help Scout, PBC Boston, USA | Customer support inbox and live chat widget. | Name, email, phone, company, sign-up date, and the full content of support tickets/chats. |
| Postmark (AC PM LLC) Chicago, USA | Client-side bounce notification widget. | User’s email address. |
| SendGrid (Twilio Ireland Ltd.) Dublin, Ireland · Tax ID IE3335493BH | Transactional email (integration installed, status to be confirmed). | Content of transactional emails, if active. |
| OpenAI Ireland Limited Dublin, Ireland · Tax ID IE4143435AH | Content analysis and AI for SEO/keywords. | Mostly non-personal data; free text entered by sellers during bulk media import. |
| Rollbar, Inc. San Francisco, USA | Error tracking and monitoring. | Authenticated user’s email/name, their role, and incidental personal data in error traces. |
| AWS EMEA SARL Luxembourg · Tax ID LU26888617 | Cloud file storage (S3). | Invoices, wallet documents, user avatars, and draft/briefing files. |
| Google Ireland Limited Dublin, Ireland · Tax ID IE6388047V | reCAPTCHA (anti-fraud/anti-bot) and Tag Manager (tag management). | IP and behavioral signals; user identifier (UUID) and tracking cookies. |
| Hetzner Online GmbH Gunzenhausen, Germany · Tax ID DE812871812 | Hosting provider. | — |
Each subprocessor’s processing will follow the Owner’s instructions; the Owner has entered into a contract with each one to process the data under analogous conditions. Any subprocessor may be replaced by notifying the Controller at least one (1) month in advance. Once the relationship ends, the data will be deleted or returned to the Controller, unless there is a legal obligation to retain it.
8. Indemnification
8.1. Breach by Advertisers may cause harm to the Owner. The User will be obligated to compensate any harm, loss, damage, or cost (including attorneys’ and court agents’ fees).
8.2. If the User’s breaches give rise to claims or proceedings against the Owner, the User must hold it harmless, and the Owner may claim any expense, cost, or damage arising therefrom.
9. Modifications
9.1. These Conditions may be modified and/or updated without prior notice, taking effect upon publication on Growwer.
9.2. The modification will only affect Advertisers who accepted them afterward.
10. Other matters
10.1. Severability and interpretation. If any provision is declared illegal, invalid, or unenforceable, it must be interpreted in the manner closest to the original intent, without affecting the validity of the remaining provisions.
10.2. Language. The applicable language is Spanish. In the event of contradiction with versions in other languages, the Spanish version prevails.
10.3. Governing law and jurisdiction. Relations between the Owner and Advertisers are governed by Spanish law, and disputes will be submitted to the Courts and Tribunals of Barcelona.
Section 3
Affiliate Program Terms
1. Identification of the Parties and purpose
1.1. These Conditions govern participation in the Growwer affiliate program (the Program). The parties involved are: (a) Virality Media, S.L. (the Owner), with Tax ID (NIF) B66710815 and registered office at Carretera Esplugues 47, Esc. D, 5-1, Cornellà de Llobregat 08940, Barcelona, owner of the Marketplace accessible at https://growwer.com/; and (b) the User who joins the Program (the Affiliate), an individual of legal age or a legal entity duly registered on the Marketplace who distributes their affiliate link freely and voluntarily.
1.2. The purpose of these Conditions is to establish the framework under which the Affiliate promotes Growwer by means of a personal tracking link (the Affiliate Link) and receives, where applicable, a commission for the Users who register through that link (the Referrals).
1.3. The Affiliate acts on their own behalf and independently. These Conditions do not create any employment, corporate, agency, franchise, or representation relationship between the Affiliate and the Owner, nor do they entitle the Affiliate to undertake obligations on behalf of Growwer. Under the Consumers and Users Act, Affiliates do not qualify as consumers or users within the scope of the Program.
2. Joining the Program and acceptance
2.1. To take part in the Program, an active Growwer account is required, together with express acceptance of these Conditions by ticking the checkbox established for this purpose, which is unchecked by default. Acceptance implies having fully read and understood this Section and the rest of the Legal Notices.
2.2. Joining the Program is free of charge. The Owner reserves the right of admission and may deny or revoke access to the Program on justified grounds, in particular where there are indications of fraud, prior breach, or reputational risk.
2.3. The Affiliate is responsible for the truthfulness and updating of the data provided, as well as for safeguarding their access credentials.
3. Affiliate Link, cookie, and Referral attribution
3.1. Affiliate Link. The Owner makes available to the Affiliate a personal and non-transferable link that identifies the Users who access Growwer through it. The Affiliate Link may not be assigned, resold, or used by third parties other than the Affiliate.
3.2. Tracking cookie. Attribution is carried out by means of a cookie with a duration of seven (7) calendar days from the moment the User accesses the Affiliate Link. Accordingly, the User will be deemed a Referral provided that they complete their registration on Growwer within that period. The processing of this cookie is governed by Section 5, Cookie Policy.
3.3. Attribution rules. Attribution is determined exclusively on the basis of the Owner’s technical records, which will prevail for all purposes. The following, among others, will not give rise to attribution: (a) registrations occurring after the seven (7) day period has elapsed; (b) Users who already held a Growwer account beforehand; (c) registrations in which the User has deleted, blocked, or prevented the installation of the cookie, or has accessed from a different device or browser; and (d) self-referrals and linked accounts as set out in clause 6. Where several links concur, attribution will correspond to the last valid link recorded before sign-up.
3.4. No guarantee of results. The Owner does not guarantee any minimum number of visits, registrations, top-ups, or earnings arising from the Program, nor the uninterrupted availability of the tracking systems.
4. Commission: amount, split, accrual, and payment
4.1. Amount. The Program pays twelve per cent (12%) of the amount of the first wallet top-up actually made by each Referral, excluding VAT and other indirect taxes. Only the first top-up of each Referral is rewarded: subsequent top-ups do not generate any commission.
4.2. Configurable split. The percentage set out in clause 4.1 constitutes the total distributable amount. The Affiliate may freely decide, through the configuration features available in their account, what part of that percentage they retain as their own commission and what part is passed on to the Referral in the form of a bonus or promotional balance. Under no circumstances may the sum of both items exceed the total percentage set out in clause 4.1.
4.3. Applicable split. The split configured by the Affiliate at the moment the Referral completes their registration will apply. Subsequent changes to the configuration will take effect only in respect of Referrals acquired thereafter, with no retroactive effect.
4.4. Accrual. The commission accrues and is credited automatically at the moment the Referral completes their first top-up and it is effectively confirmed by the payment provider. No commission will accrue on top-ups that are cancelled, reversed, refunded, or affected by a chargeback; where the commission has already been credited, the Owner may adjust the Affiliate’s balance by the corresponding amount.
4.5. Method of payment. Commissions are credited to the Affiliate’s buyer wallet on Growwer. The balance arising from commissions may be used to contract services and make purchases within the platform. Unless the Owner expressly enables otherwise, such balance is neither refundable nor redeemable for cash.
4.6. Tracking. The Affiliate has a panel in their account where they may consult the accumulated amount, the total number of Referrals, the number of Referrals who have topped up, and the detail of the first top-ups made, with their date and amount. This information is provided for informational purposes and may be adjusted in accordance with clause 4.4.
4.7. Claims. Any discrepancy relating to the attribution or calculation of commissions must be reported to support@growwer.com within thirty (30) calendar days from the date of the disputed accounting record. Once that period has elapsed, the settlements will be deemed accepted.
5. Promotion obligations and permitted uses
5.1. The Affiliate may distribute their Affiliate Link through their own lawful channels, such as social networks, blogs, video tutorials, newsletters to subscribers who have given their consent, live webinars, messaging channels, podcasts, or other analogous formats.
5.2. The Affiliate must clearly and unambiguously identify the promotional or advertising nature of their communications, in accordance with applicable rules on advertising, unfair competition, and information society services.
5.3. The Affiliate will refrain from making statements about Growwer, its prices, features, or results that do not correspond to the official information published by the Owner, and may not guarantee results, rankings, or returns.
5.4. The use of Growwer’s distinctive signs, logos, and graphic materials is limited to the purpose of promoting the Program, in accordance with any guidelines provided by the Owner, and such use does not imply any assignment of industrial or intellectual property rights. The Owner may require the immediate cessation of any use of its trademark.
6. Prohibited practices
The following is expressly prohibited, by way of example and without limitation:
- Self-referral, understood as the Affiliate registering through their own Link, as well as the creation of duplicate, fictitious, or commonly controlled accounts for the purpose of generating commissions.
- Sending unsolicited commercial communications (spam), mass messaging without prior consent, and any practice contrary to data protection and information society services regulations.
- The use of tracking manipulation techniques, such as cookie stuffing, hidden iframes, automatic redirects, adware, browser extensions, automated traffic, or any means that artificially alters attribution.
- Bidding on the Growwer trademark or its variants, typographical errors, and associated combinations on paid advertising platforms, as well as registering domains, profiles, or accounts liable to cause confusion as to their official nature.
- Offering discounts, coupons, rebates, or incentives other than those expressly enabled by the Owner in accordance with clause 4.2.
- Distributing the Affiliate Link on sites or channels containing unlawful, violent, sexual, discriminatory, or hate-inciting content, unregulated gambling, or content that infringes third-party rights.
- The assignment, sale, or commercialization of the Affiliate Link, as well as participation in link exchange networks or schemes for fraudulent purposes.
7. Tax obligations
7.1. The Affiliate is solely responsible for complying with the tax, accounting and, where applicable, social security registration and contribution obligations arising from the amounts received under the Program, in accordance with the rules applicable to them based on their residence and status.
7.2. The amounts indicated in clause 4.1 are understood to exclude VAT and other indirect taxes. Where applicable law so requires, the Affiliate must provide the tax documentation and information requested by the Owner, and the Owner may suspend the payment of commissions until it is received.
7.3. The Owner may apply any withholdings or payments on account that are legally required.
8. Data protection
8.1. The Affiliate’s personal data will be processed by the Owner as data controller, for the purposes of managing their participation in the Program, calculating and paying commissions, preventing fraud, and complying with applicable legal obligations, on the basis of the performance of the contractual relationship, the Owner’s legitimate interest, and regulatory compliance. Section 4, Privacy Policy, applies.
8.2. The Affiliate will not have access to their Referrals’ personal data beyond the aggregated information and the first top-ups shown in their panel, and this does not confer on them the status of controller or processor in respect of such data.
8.3. Where the Affiliate distributes their Link by means of communications addressed to their own contacts or subscribers, they will be the controller of such data and must have a valid legal basis, duly inform the data subjects, and handle the exercise of their rights, holding the Owner harmless against any claim arising from such communications.
8.4. The Affiliate may disable email notifications relating to the commissions received from the communications management panel of their account, without this affecting operational or legal communications.
9. Suspension, fraud, and termination
9.1. Where there are reasonable indications of breach of these Conditions or of fraudulent activity, the Owner may adopt, proportionately, any of the following measures: temporarily suspend the Affiliate Link, withhold pending commissions as a precaution for as long as necessary to verify them, cancel improperly generated commissions, adjust the wallet balance, exclude the Affiliate from the Program, or cancel their account.
9.2. The Owner may request from the Affiliate any documentation or information necessary to verify the source of the traffic and the validity of the Referrals.
9.3. Exclusion from the Program on the grounds set out in clause 9.1 will not give rise to any right to compensation in favor of the Affiliate.
10. Duration, voluntary withdrawal, and modifications
10.1. Participation in the Program is of indefinite duration. The Affiliate may withdraw at any time through the features of their account or by notifying support@growwer.com, retaining the commissions validly accrued up to that moment.
10.2. The Owner may modify or update these Conditions, as well as the percentages, split mechanics, cookie periods, and other Program parameters, taking effect upon publication on Growwer. Modifications will not affect commissions already accrued beforehand.
10.3. The Owner may suspend or terminate the Program as a whole, giving reasonable advance notice through the Marketplace or by email, and settling the commissions accrued up to the effective termination date.
11. Disclaimer of liability and indemnification
11.1. The Owner will only be liable for damages caused as a result of a willful or negligent act directly attributable to it. By way of example, it will not be liable for: interruptions or technical incidents in the tracking system not attributable to its willful misconduct or negligence; loss of attribution arising from the configuration of the User’s browser or device; the Affiliate’s earnings expectations; or the content published by the Affiliate to promote their Link.
11.2. The Owner’s total liability toward the Affiliate on any account arising from the Program will be limited, at most, to the amount of the commissions validly accrued and unpaid, and loss of profit is excluded in all cases.
11.3. The Affiliate will hold the Owner harmless against any claim, penalty, damage, loss, or cost (including attorneys’ and court agents’ fees) arising from the breach of these Conditions or of the rules applicable to the promotion of their Affiliate Link.
12. Other matters
12.1. Severability and interpretation. If any provision is declared illegal, invalid, or unenforceable, it must be interpreted in the manner closest to the original intent, without affecting the validity of the remaining provisions.
12.2. Language. The applicable language is Spanish. In the event of contradiction with versions in other languages, the Spanish version prevails.
12.3. Governing law and jurisdiction. Relations between the Owner and Affiliates are governed by Spanish law, and disputes will be submitted to the Courts and Tribunals of Barcelona.
Section 4
Privacy Policy
Data controller
The party responsible for processing the data collected is Virality Media, S.L. (hereinafter, the Owner), with Tax ID (NIF) B66710815 and registered office at Carretera Esplugues 47, Esc. D, 5-1, Cornellà de Llobregat 08940, Barcelona, owner of the Marketplace accessible at the URL: https://growwer.com/.
This Privacy Policy governs the collection and processing of the personal data provided by Users when they access, browse, or use the Marketplace features.
Data collected, purposes, legal basis, and retention periods
Contact. The User can contact us through the forms established for this purpose on the Marketplace, providing their email address as well as the reason, subject, or question. Growwer will use this data to handle the query and contact the User. The legal basis for this processing is the User’s consent. The retention period for this purpose is one year, unless other periods apply.
User registration. By registering on the Marketplace, the User must provide identification data such as name, phone number, tax data, email, and bank details in order to process registration and enable access to their personal account. Registration on Growwer allows publishing media (Advertiser User) and contracting services (Client User). The legal basis is the User’s consent. The data is kept for as long as you remain registered and have not deregistered from the platform.
Publication and contracting. Users can publish and contract the different services offered by Advertisers, completing the required steps and providing the data necessary to manage the created listing, as well as bank or credit card information when services are contracted. Client Users contract with Advertiser Users by providing their data directly to the Advertiser, with Growwer acting as a mere intermediary. Notwithstanding the above, Growwer will process the data of transactions and agreements between Advertisers and Clients in order to ensure the correct functioning of the intermediation and to manage the commissions arising from its services, acting as data processor; this processing is based on the contractual performance of the intermediation between the parties. The legal basis for processing the data related to publishing a listing is the contractual relationship between the Advertiser User and Growwer. Contract-related data is retained as necessary to meet contractual obligations and, in any case, for up to five additional years for tax procedures and to cover possible liabilities, unless other periods apply. Data related to a listing is kept for as long as it was published and the service has not ended or the listing has not been removed from the Marketplace.
Newsletter. The User may, if they wish, provide their identification data and email address to subscribe to Growwer’s news and promotions and periodically receive communications by email or mobile device (where applicable). The legal basis is the User’s consent. We keep the data for as long as you remain subscribed to our newsletter system; afterward we will block it for three years for statute-of-limitations reasons and then delete it. You may withdraw your consent at any time via the links provided or by writing to support@growwer.com.
Blog. The User can post comments on the Growwer blog; the data provided will be processed to manage publication on the Website. The legal basis is the User’s consent. Your comments will remain on the Website permanently unless you request their deletion.
Commercial communications. Once registered on the Marketplace, Growwer may process the User’s data to send commercial communications by email about news regarding the services it offers. The legal basis is the User’s consent. The data is kept for this purpose for as long as the User remains registered and has not unsubscribed through the link contained in each communication.
Cookies. The Website uses technology to place files called cookies on the equipment used to access and browse the platform. Cookies can be blocked or disabled at any time through your browser settings. For more information, see our Cookie Policy. The legal basis is the User’s consent.
Exercise of rights
The User can withdraw consent to processing and exercise their rights of access, rectification, erasure, portability, objection, and restriction of processing by informing Growwer via email to support@growwer.com or by mail to the address indicated above, using “Data Protection” as the subject. On occasion, we may ask the User to prove their identity through an official document, for example to prevent third-party access to their data. Finally, the User may notify any modification in writing or request cancellation at any of the addresses provided. At any time, the User may file a claim with the Spanish Data Protection Agency (AEPD) to assert their rights.
Modification of the Privacy Policy
Growwer reserves the right to modify its privacy policy at any time, respecting the data protection legislation in force and subject to due communication to the data subjects.
Language applicable to this Privacy Policy
The language applicable to this Privacy Policy is Spanish. Any version of it in a different language is offered for the User’s convenience and to facilitate understanding; however, this Privacy Policy will always be governed by its Spanish version. In the event of contradiction between the Privacy Policy in any language and its Spanish version, the Spanish version prevails.