Legal notes

Legal Notice

Virality Media, S.L. (referred to as the Owner) with ID number B66710815, and address at Carretera Esplugues 47, Esc. D, 5-1, Cornella de Llobregat 08940, Barcelona, is the owner of the Marketplace accessible through the URL: https://growwer.com/ (hereinafter referred to as Growwer or the Marketplace, interchangeably).

For any inquiries, questions, or suggestions regarding Growwer, you can contact us through the following email address: [email protected].

The following are the general conditions that regulate access to the Owner’s website, including the services and functionalities offered there, without prejudice to the application of other different conditions or their modification.

It is recommended to read and review them periodically as there may be modifications to the legal texts.

General Terms of Use

1. Identification of the parties

These General Terms of Use are entered into by the Owner on one part and by you, as a physical or legal person accessing the Marketplace voluntarily, freely, and free of charge, on the other part. These conditions will be applicable regardless of whether or not you contract the services offered on the platform.

2. Purpose of the Marketplace

The purpose of this Marketplace is to create a platform for the sale and hiring of links and posts. Access and browsing of the Marketplace are free, although the contracting of services entails payment of a price, as well as the acceptance of specific Special Conditions and General Contracting Conditions.

3. Obligations of the parties

3.1. Obligations of the Owner

3.1.1. The Owner shall make their best efforts to carry out the necessary procedures to properly manage the advertisements and services offered on the platform.

3.1.2. The Owner shall provide all necessary information and documentation for the provision of services.

3.1.3. The Owner shall comply with these obligations, as well as any other obligations that may be applicable.

3.2. Obligations of the Users 

By accepting these Terms, Users commit to:

1. Be responsible for the truthfulness and authenticity of any data provided for the hiring of selected services.
2. Assume the responsibilities arising from any requirements specified in these Terms.
3. Comply with any other obligations contained in these Terms or any other applicable obligations and assume any liability resulting from non-compliance, holding the Owner completely indemnified.
4. The User undertakes to use the services and content in the Marketplace in accordance with the law and the general and specific terms and conditions agreed upon, and shall refrain from using them to:
   1. Transmit their username and password to unauthorized third parties, and shall immediately notify the provider of any unauthorized access by a User to such information.
   2. Engage in unlawful activities, acts contrary to good faith, customs, morals, or public order.
   3. Engage in activities that constitute a violation of intellectual and industrial property regulations or any other applicable laws.
   4. Reproduce, duplicate, sell, or commercially exploit any content from the Marketplace and/or any information or data to which they may have access through its use.
   5. Disseminate content of a racist, xenophobic, pornographic nature, or content that promotes terrorism and/or violates human rights.
   6. Use the Marketplace for commercial purposes, such as gathering information or content to provide services that may pose clear competition for Growwer or others.
   7. Modify the platform in any way or take actions or use means aimed at simulating its appearance or functions.
   8. Carry out any actions that involve the introduction of computer viruses, worms, trojans, or any other malicious code intended to interrupt, destroy, or limit the functionality of the platform.
   9. Employ reverse engineering techniques and/or decipher, decompile, or use any other system intended to access the source code of the website or any element subject to copyright or underlying intellectual property.

4. Availability of the Marketplace

The Owner aims to improve and expand Growwer, as well as its content and the services offered within it. However, the Marketplace will be displayed as it is at any given time, subject to availability, limitations, and other concurrent circumstances.

5. Specific Registration Conditions

These Specific Registration Conditions are entered into by Growwer on one side, and by the User who has completed the corresponding form to create an account and followed the registration steps indicated in the Marketplace, along with the acceptance of these Specific Conditions.

5.1. Requirements and procedure to create an account

To create an account on the Marketplace it is essential that the User is a validly constituted legal entity or a natural person of legal age in accordance with the provisions of Spanish law.

The Growwer Marketplace has a standard registration without differentiating in the registration if they are Advertisers or Contracting Users; condition that will be given depending on the use made of the Platform.

The User must access the option “Register” or through the URL provided via email, provide name, enter an email and other requested data, backing it up with a password. You must complete all the steps indicated, including reading the information relating to the Privacy Policy and these Conditions.

Growwer, will confirm to the User his registration in the Marketplace, through the sending of an email, by means of which, the User must confirm his registration and identity through a link or similar provided in the email, without being allowed access to the page if he has not previously completed the previous step. Once he/she has confirmed the registration and identity through the link, he/she will become a Registered User.

5.2. Registered User Obligations

The Registered User has the following obligations:

1. Not to register with several User accounts in the Marketplace, nor to do so with false data or impersonating third parties. You are responsible for providing your real data.
2. Not to use or attempt to use the account of another User, without authorization or consent.
3. Be solely responsible for all activities carried out from your personal account in Growwer.
4. To take care of the confidentiality of your access data, since you will be responsible for any damage suffered or suffered by third parties for breach of these Conditions. You are also responsible for what happens in your personal account unless the security of it has been compromised for reasons beyond your control. Specifically, you must:
5. Keep your account up to date.
6. Keep your chosen password confidential.

iii.Be the only User using the account you have created.

1. Not to market, sell or transfer the account to a third party.
2. Growwer reserves the right to verify the User’s profile, and may delete or suspend the account in case of non-compliance with these legal texts or any other applicable ones.

5.3 Modification and cancellation of the User account

At any time, the Registered User may modify the data, addresses or billing of his or her personal account or cancel the account through the user area.

6. Special Conditions for Contracting 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 only a technological intermediary that provides Users with a channel through which they can offer their services and contract them.

The registration in Growwer allows the User, after a special process and the acceptance of special legal terms, to publish advertisements of their services or products (in which case the User will be called Advertiser).

In addition, the User will be able to contract to the Advertisers the services or products offered by them (in which case the User will be called Contracting). Also, as a Registered User, the User will be able to save the information of the contracted services for future contracting.

6.2. Identification of the parties to the contract by Users.

For the purposes of these Special Conditions, the parties shall be deemed to be the parties:

1. a.Growwer (or the Markteplace, indistinctly) as technological intermediary in the contractual relationship between the Advertiser and the Contracting Party. The contractual relationship with respect to goods or services shall always be between the Advertiser and the Contracting Party.
2. b.The Advertiser User, understood as any natural person of legal age who is registered as a User in the Marketplace accessible through https://growwer.com/y completes all the steps oriented to the publication of advertisements, freely and voluntarily in order to offer their products or services. Hereinafter, whenever they are users Advertisers of the Markteplace, they will be referred to as “Advertisers”.
3. c.The Contracting User, understood as any natural person of legal age who is registered as a User in the Marketplace accessible through https://growwer.com/y completes all the steps aimed at contracting the services, freely and voluntarily, including the acceptance of the Terms of publication of advertisements offered by the Advertisers. Hereinafter, whenever they are users of the web, they will be referred to as “Users” and if they are Recruiters, they will be referred to as “Recruiters”.

6.3. Contracting of services between Advertisers and Contracting Users

6.3.1. Description of the contracting process

The contracting process for the Contracting Parties can be carried out through the Marketplace, by means of the identification as a Registered User through the form established for such purpose, indicating the data required at the moment of contracting with the Advertiser.

Then, the User, in order to contract with the Advertiser, will have to register his domain on which he wants to buy a product, then he will have to choose the Advertiser’s product he is most interested in and finally pay for such service.

6.4. Special Conditions established between Advertisers and Contracting Parties

6.4.1. General information

The Special Conditions are the terms that regulate the provision of services by the Advertisers in favor of the Contracting Parties and are accepted at the time the Contracting Party contracts the Advertiser’s services. Growwer is not responsible for and does not control these Conditions as they are imposed by the Advertisers. Particular Conditions are: the duration, dates, price policies, cancellation and other conditions established in the service object of the contract provided in each advertisement. The Advertisers must commit that the links are permanent or at least have a minimum duration of one year. If the Advertiser fails to comply with the permanence must proceed to the reimbursement of the amount or re-enable the contracted link.

Growwer is not the owner or provider of the services offered on the platform, does not review the ads uploaded to the platform and is not part of the contract between advertisers and contractors in any case, so it is not responsible for any damage or incident arising as a result of the recruitment and provision of such services. It shall have no obligation whatsoever regarding cancelled services or deleted orders, and therefore shall have no obligation to assume any type of reimbursement.

6.4.2. Pricing Policy

The prices and characteristics of the services will depend on what is established by the Advertiser in its section and will be part of the Particular Conditions subscribed between Advertisers and Contracting Parties.

Any additional concept will be included by Growwer, so that the Contracting Users will have access to a single final price before starting the contracting procedure. Prices are shown in Euros. Before contracting any of the selected services we will show you the prices broken down according to the taxable base and applicable taxes at any time.

It is possible that the Marketplace includes promotions and/or discount codes provided by the Advertiser Users. Such circumstances will be reflected on the screen, as well as the eventual applicable conditions, if any. Since such promotions or discounts are set by the Advertisers, any modification is subject to the will of the same, without Growwer intervene in such modifications.

6.4.3. Cancellation and withdrawal policy

The terms of cancellation of the contracting of a service shall be in accordance with the provisions of the Advertiser in its section shown at all times in the Marketplace, which shall form part of the Particular Conditions subscribed between Advertisers and Contracting Parties.

In general, it is not possible to cancel the services contracted on the platform, unless this has been agreed between the Advertiser and Contracting Party. Such issues must be communicated to the Advertiser.

Likewise, the right of withdrawal shall not apply to contracts unless it is recognized by law. If applicable, this right must be exercised against the Advertiser by the Contracting Party, without Growwer being responsible or liable in any case for such exercise.

7. Growwer’s disclaimer

7.1. Growwer works to ensure that the services and functionalities of the Marketplace are always available. However, when you access the Marketplace, it will be displayed according to the availability and limitations at any given time.

7.2. Despite the Owner’s continuous effort to protect the systems and contents included in the platform, for which purpose it uses the usual security standards on the Internet, it is not possible to offer full guarantees in relation to intrusions or loss of information that may occur. Likewise, the absence of viruses or other harmful elements on the platform or on third-party websites that may cause alterations in the User’s computer system, both software and hardware, cannot be guaranteed. For this reason, the User assumes and understands that there are situations that may be beyond the control of Growwer.

7.3. The Marketplace may include links to pages or sites of third parties outside the Holder, for which it does not assume any responsibility by not approving or reviewing their functions and contents. The User who accesses any link published on the platform does so at his own risk, without the Holder assuming any responsibility for it.

7.4. Likewise, the Marketplace is exempt from any responsibility derived from a bad use of the same on the part of the Users, as well as for the breach of the obligations or commitments assumed by virtue of these conditions or any other applicable.

7.5. Similarly, the main relationship of the services will be between the parties, so Growwer will not be obliged to the Individual User to invoice for its own services, not for those offered and performed by the Advertiser.

7.6. Growwer shall not be responsible for the services, products, links or posts offered, their content or the information provided or any issues related to the contracting processes as it is a mere technological intermediary.

8. Intellectual and industrial property rights

8.1 All intellectual and industrial property rights on the Marketplace and its contents, including programming, design, applications, graphics, codes, text or images, trademarks, trade names, distinctive signs and other elements present therein belong exclusively to the Holder, including the Growwer brand, or has sufficient rights and/or authorizations for its exploitation.

8.2. As a consequence of the foregoing, any reproduction, distribution, public communication (including making available), transformation or any other form of exploitation, not even quoting the sources, is prohibited, except with the prior, express and written consent of the Proprietor or the exclusive owner of the rights concerned.

8.3. It is also reported that Users must own the rights to any content they upload to the Platform, not being in any case Growwer responsible for such actions and content.

8.4. If you detect any infringement, please notify us at [email protected] as soon as possible.

9. Indemnification

9.1. The Proprietor may sanction any of the Users who violate the applicable conditions, with the impossibility of accessing, temporarily or indefinitely to the Marketplace. The duration of the sanction will depend on the type of infraction committed. The restriction of access will not entail in any case the right to compensation.

9.2. Any damage, injury, loss or cost (including legal fees and / or attorneys) arising from a breach by the User of these Conditions or any other that may be applicable, incurred by Growwer must be compensated by the User who caused it. This includes any third party claims arising from such breaches.

10. Modifications

10.1. The present Conditions may be modified and/or updated at any time without prior notice. The modifications made will come into force as soon as they are published in the Markteplace, regardless of the means and form used for this purpose.

10.2. The modification will only affect Users who have accepted them after such modification.

11. Other issues

11.1. Safeguard and interpretation

If the Competent Authority declares any of these provisions to be illegal, invalid or unenforceable, this shall imply that the same shall be interpreted in the manner closest to the original intention of such provision. In any case, such declaration with respect to one or more clauses shall not prejudice the validity of the remaining clauses.

The non-requirement by the Holder of strict compliance with any of the terms of these Conditions, does not constitute and may not be interpreted in any case as a waiver by the Holder to require it in the future.

11.2. Language

The language applicable to the present Conditions is Spanish. If versions in other languages, such as English, are provided, it will only be for the User’s convenience. In case of contradiction, the Spanish version shall prevail.

11.3. Legislation and jurisdiction

The relationship between the Holder and the User shall be governed by Spanish law and any discrepancies or disputes regarding these Conditions, will depend on whether the user has the status of consumer and / or user in accordance with applicable law.

Being a consumer and / or user disputes shall be submitted to the Courts and Tribunals of the User’s domicile. In case of not having such condition, the conflicts will be determined in the Courts and Tribunals of Cornellá de Llobregat.

Affiliate Program

Política de privacidad

Privacy Policy

The responsible for the processing of the data collected is Virality Media, S.L. (hereinafter, the Holder) with NIF B66710815, and address at Carretera Esplugues 47, Esc. D, 5-1, Cornella de Llobregat 08940, Barcelona, is the owner of the Marketplace accessible through the URL: https://growwer.com/.

This Privacy Policy regulates the collection and processing of personal data provided by Users when they access, browse or use the features of the Markteplace.

Data collection, purposes, basis of legitimacy and retention periods:

Contact: The User can contact us through the forms provided on the Marketplace. They will need to provide their email address, as well as the reason, subject, or question. Growwer will use this information to process the inquiry and communicate with the User.

The legal basis for the processing of such data is based on the consent of the User.

The term of conservation of the data for this purpose will be one year, unless other terms are applicable.

User Registration: By registering in the Marketplace, it will be necessary for the User to provide their identification data, such as name, telephone, tax data, email and bank details for the processing of the registration on the platform and allow access to the functionalities of their personal account. The registration in Growwer allows to publish advertisements (Advertiser user) and to contract services (Contracting user).

The legal basis for the processing of such data is based on the consent of the User.

Your data will be kept as long as you are registered and have not exercised the deregistration of the platform.

Publication and contracting: Users may publish and contract the different services offered by Advertisers on the platform. To do so, they must complete the required steps, providing the necessary data to process the management of the advertisement created, as well as bank or credit card details at the time of contracting the same. The contracting users can contract with the advertisers by providing their data. The data are provided directly by these users to the Advertiser, being Growwer a mere intermediary.

Notwithstanding the foregoing, Growwer will process the data of transactions and agreements between Advertisers and Contracting Parties in order to ensure the proper functioning of the intermediation and manage the commissions that may arise from its services, all as a processor. Therefore, this processing is based on the contractual execution of the intermediation between the parties. For its part, the legal basis for the processing of data relating to the publication of the advertisement is based on the contractual relationship entered into between the user Advertiser and Growwer for publishing ads on its platform.

The retention period of the data relating to the recruitment will be appropriate to comply with contractual obligations and, in any case, up to five years for tax purposes and to cover any liabilities, unless other terms are applicable. The data related to the advertisement will be kept as long as the advertisement is published and the service has not been terminated or the advertisement has not been removed from the Marketplace.

Newsletter: The User may, if desired, provide their identification data and email address to subscribe to news, promotions and news Growwer, to receive regular communications in your email or mobile device (if any).

The legal basis for the processing of such data is based on the consent of the User.

We will keep the data as long as you remain registered in our newsletter sending system, then we will block them for three years for reasons of prescription of legal actions and after that period we will delete them.

At any time you can revoke your consent through the links provided or by writing to [email protected].

Blog: The User can make comments on the blog Growwer, so that the data provided will be processed for the purpose of managing the publication on the Website.

The legal basis for the processing of such data is based on the consent of the User.

Your comments will remain permanently on the Website unless you request their deletion.

Commercial communications: Once the User is registered in the Marketplace, Growwer may process your data to send commercial communications by email to inform you about new services offered.

The legal basis for this treatment will be the consent of the User.

The data will be kept for this purpose for as long as the User remains registered in the Marketplace and has not unsubscribed through the link contained in each of the commercial communications.

Cookies: The Website has technology for the implantation of files called cookies in the equipment that is used to access and browse the platform. Cookies can be blocked or disabled at any time through the browser settings. For more information, please see our Cookies policy.

The legal basis for the processing of such data is based on the consent of the User.

Exercise of rights

Also, the User may revoke consent to treatment, exercising the rights of access, rectification, deletion, portability, opposition and limitation to treatment, by informing Growwer through an email to [email protected] or indicating it to the address above, indicating as subject “Data Protection”. On special occasions, we may ask the User to prove his identity by means of an official document, for example to prevent access to his data by third parties.

Finally, the User will be able to communicate any modification in writing or to request the cancellation, indicating it in any of the addresses provided.

At any time, the User may file a complaint with the Spanish Data Protection Agency to enforce their rights.

Modification of the Privacy Policy

Growwer reserves the right to modify at any time its privacy policy, respecting the current legislation on data protection and after due notice to the data subjects.

Language applicable to this privacy policy

The language applicable to this Privacy Policy is Spanish. Any version of the same in a different language is offered for the convenience of the User and to facilitate its understanding. However, this Privacy Policy will always be governed by its Spanish version.

In case of contradiction between the Privacy Policy in any language and its Spanish version, the Spanish version shall prevail.

Cookies Policy

This Cookie Policy applies to the website accessible through the URL https://growwer.com/ (or the Website), owned by Virality Media, S.L. with NIF B66582305 (hereinafter Growwer) and domiciled at Carretera Esplugues 47, Esc. D, 5-1, Cornella de Llobregat 08940.

Accessing and browsing the Website involves the use and downloading of own and third party cookies on the terminal equipment (computer, tablet, smartphone…) with which you access and browse it, in order to allow and optimize your navigation, as well as to analyze some behaviors during navigation, with the sole purpose of analyzing our services and show you advertising related to your preferences based on a profile developed from your browsing habits.

We encourage you to read this Cookie Policy carefully to learn more about the use of this technology by Growwer.

1. What are cookies?

Cookies are small data files that are received on your terminal from the Website visited and are used to record certain browsing interactions on a website, mobile application, etc., storing data that can be updated and retrieved from your terminal. These files are stored on the user’s computer or terminal and contain generally anonymous data that is not harmful to your computer. They are used to remember your preferences when you return to that website, such as the language selected in a previous navigation, access data or personalization of the page.

Cookies can also be used to record anonymous information about how a visitor uses a website. For example, from which other web page has accessed, or if you have used a “banner” advertising to reach it.

2. Consent

When accessing the Growwer Website, certain information about the use of this technology will be provided through the device or terminal equipment used, and we will ask you to give us your consent to this.

Please note that some cookies may be necessary for the operation of the Website and, if you refuse this consent, access to the Website may be prevented or may not function properly.

You may withdraw your consent to the use of this technology at any time. See section “4. How to change your cookie settings” of this Cookie Policy for more information.

3. Cookies used on our Website

We use cookies strictly necessary and essential to analyze our services and/or to show you personalized advertising based on a profile drawn up from your browsing habits on the Website, using secure areas, personalized options, etc.

The Website also contains links to external pages. Growwer does not control the cookies used by these external sites. However, for more information on cookies from social networks or other external websites, the user can go directly to their own cookie policies.

Specifically and according to their purpose, Growwer uses the following types of cookies on the Website:

1. Preference or customization cookies: allow the user to adapt the Growwer website to some general pre-established characteristics such as language, the browser used or the region from which it is accessed.
2. Technical Cookies: they serve the task of providing fluidity and comfort while browsing the page, as well as to ensure the proper functioning of the Website and provide it with security. They are also used to manage the spaces and enable advertising content on the Website. For example, those used for session maintenance, response time management, performance or validation of options, etc.
3. Analysis or measurement cookies: they allow to obtain information oriented to the statistical analysis of the use that users make of the page. Thus, they allow to know the preferences of the users in order to improve the offer of services and to limit the advertising impacts. For example, by analyzing the search terms used by users to reach the page, studying the geographical area to which most users belong or limiting the appearance of repeated advertisements on the Website.
4. Behavioral advertising cookies: allow the management of existing advertising spaces on the page so that each user is offered advertising content according to their browsing habits and preferences, as well as other information provided during navigation.

In the event that you choose not to accept cookies, we will not download any, except those that the standard allows us (such as language customization cookies or technical).

Below is a list that groups the cookies used in Growwer, indicating the type, origin, purpose, as well as a link so that the user can access the Cookies Policies of the different websites of origin.

In addition to cookies, we and the companies listed above may use “tracking pixels” (also known as web beacons or pixel tags). These are small transparent images that are integrated into the Web Site itself (and therefore are not stored on your computer), and allow us to verify aspects such as the number of visitors to a particular page or the technical configuration of the browser of users accessing it. The purposes for which they are used are analogous to those described in the table above.

4. How to change cookie settings or revoke consent

You can withdraw your consent to the use of cookies at any time. To do this you can disable or block the downloading of cookies through the specific functions of the browser you use. We provide below a list of instructions and links on the steps to follow for the activation, deactivation, deletion and management of cookies depending on each browser:

• Safari With Safari open, click Safari > Preferences > Privacy > Cookies and website data and choose the desired option. For more information, https://support.apple.com/kb/ph21411?
• Safari para iOS 11 In Safari, click on Settings > Privacy and security > Block all cookies. For more information, https://support.apple.com/es-es/HT201265
• Google Chrome With Google Chrome open, click on the Chrome menu icon > Settings > Show advanced options > Privacy > Content settings > Cookies and configure it, according to your preferences. For more information, https://support.google.com/chrome/answer/95647
• Google Chrome para Android e iOS With Google Chrome open, click on the Chrome menu icon > Settings > Show advanced options > Privacy > Content settings > Cookies and configure it, according to your preferences. For more information, https://support.google.com/chrome/answer/95647
• Internet Explorer 11 Click on the Internet Explorer icon in the taskbar > Tools > Internet Options > Privacy and customize your cookie settings according to your preferences. For more information, http://windows.microsoft.com/es-es/internet-explorer/delete-manage-cookies#ie=ie-11
• Internet Explorer Mobile With Internet Explorer Mobile open, click on More > Settings and customize the cookie settings according to your preferences. For more information, http://www.windowsphone.com/es-es/how-to/wp7/web/changing-privacy-and-other-browser-settings.
• Microsoft Edge In the browser, click on More > Settings > Advanced settings > Privacy and services > Cookies and choose the desired option. More information at https://privacy.microsoft.com/es-es/windows-10-microsoft-edge-and-privacy
• Mozilla Firefox With Firefox open, click the Menu button > Preferences > Privacy & Security > History > Use Custom History Settings and customize the cookie settings according to your preferences. For more information, http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we
• Mozilla Firefox Mobile With Firefox open, click the Menu > Settings > Privacy > Cookies button and customize the cookie settings according to your preferences. For more information https://support.mozilla.org/es/kb/habilitar-o-deshabilitar-cookies-en-firefox-para-android
• Opera With Opera open, click on Settings > Options > Advanced > Privacy and security > Content settings > Cookies and customize the cookie settings according to your preferences. For more information, https://help.opera.com/en/latest/web-preferences/#cookies

These browsers are subject to updates or modifications, so if the above information or links are outdated, or if your browser is not on this list (Konqueror, Arora, Flock, etc.) or if you cannot find a way to manage cookies, please check with the official website or contact us.

If you have any questions, please do not hesitate to write to us at the following e-mail address: [email protected] or if you prefer, you can write to us at Carretera Esplugues 47, Esc. D, 5-1, Cornellá de Llobregat 08940, to the attention of Virality Media, S.L.