Pocoyó

Welcome to Zinkia ´s site! If you are under legal age, please get your dad, mum or guardian to read with you this text. It is really important to understand the security rules to preserve your privacy before starting to surf, play and have fun through our website. This is the reason why we ask you to have an adult to read the site ´s navigation rules.

Last update: December 12, 2012

1. OBJECT:

The following privacy policy (the “Política de Privacidad”) governs the data protection policy and security measures applied by Zinkia Entertainment S.A. and its group of companies (collectively “ZINKIA”) to its websites.

ZINKIA owes in particular various sites and domain names, amongst them www.pocoyo.com, www.pocoyo.es, www.pocoyoworld.com, www.mundopocyo.com, www.pocoyize.com, www.pocoyoaroundtheworld.com, www.zinkia.com, www.zinkia.es derivative and other language sites, and pages affiliated to ZINKIA (collectively the “ZINKIA Sites”).

The use of the ZINKIA Sites automatically confers the condition of user to the person making use of it, which implies the acceptance of and compliance with the Privacy Policy. The user (the “User” or “Users”) is invited to read carefully these terms before accessing the ZINKIA Sites, as well as to consult them regularly. In the event that the User is under legal age and/or does not agree with the referred terms, he/she must not make use of the ZINKIA Sites.

ZINKIA, in its capacity of proprietor and responsible for the automated collection of personal data from its sites, is committed to the compliance of its obligations as controller of such data according to the Organic Law 15/1999, 13 December, of Data Protection (“”) and the Royal Decree 1720/2007, 21 December, approving the regulation developing the Data Protection Organic Law (“RPDP”). The User also agrees to the compliance of its obligations according to the LOPD, RPDP, as well as any other regulation (including any decision from the Spanish Data Collection Agency) which may arise from the activities and uses made through and from the ZINKIA Sites.

2. COMPANY ´S IDENTIFICATION DETAILS:

ZINKIA is a public company, duly registered and established in accordance with the Spanish legislation, with registry number A-82659061. ZINKIA is registered in the commercial registry of Madrid, volume 15.359, sheet 224, section 8, page M-257615, inscription 23.

The contact details for any communication or notification regarding the Privacy Policy are as follows:

3. DATA PROTECTION:

When facilitating their personal data, the Users authorize ZINKIA to safe such information in one or various automated files with the purpose of: improving their access to the contents of the sites; managing or improving the contents and services offered therein; studying the use made from the contents and services offered therein; keeping the correct operation of the sites and sending adverts and other communications which promote directly the site or the purchase of goods or services, either from ZINKIA or any third parties with which ZINKIA may have commercial agreements. ZINKIA shall be responsible for such files.

ZINKIA shall inform the Users of the sites whether it is compulsory or not to provide some of the specific data requested through the form which they must complete to register such pages in order to accede the contents and/ or services therein provided. When completing this information, the compulsory information shall be identified with visual warnings such as emerging windows, asterisks or similar symbols or methods. The Users refusal to provide such personal data, or the completion of insufficient or erroneous data, may result in the impediment to access the contents and/or services offered through the ZINKIA Sites or even interfere with their correct operation.

The User shall be responsible of the trueness and completeness of the submitted data, which he/she may modify when necessary by sending a communication to dataprotection@zinkia.com. ZINKIA shall be exonerated from any harm or result which may arise from the decision not to exercise this obligation by the User.

The User may exercise the rights to access, cancel and modify the data by sending a written communication to the aforementioned social address or by sending an e-mail to: dataprotection@zinkia.com.

The ZINKIA Sites use cookies. The cookies are data files that the website send to the User ´s computer when visiting the page. Companies use cookies for various purposes. For instance, when the User re-enters one of the ZINKIA Sites for which he/she has been registered, the cookies provide the information to the page in order for it to recall who he/she is. The User may instruct the computer to inform him/her when one of these files are generated, or to prevent it.

The confidentiality and security of the information that the User facilitates are important to ZINKIA. In accordance with the LOPD and the RPDP, ZINKIA has adopted technical, administrative and security measures to preserve the User ´s information.

The security measures are regularly revised to assess the need of implementing new technology or protective measures. Notwithstanding the foregoing, the User must understand that even if ZINKIA tries to do its best, no security measure is totally unbreakable or absolutely perfect.

In accordance with the Law 34/2001, 11 July, of the Information Society and Electronic Commerce, ZINKIA will not submit to the Users any advertising, commercial or promotional information without the Users´ prior consent or authorization. ZINKIA informs the Users that they are entitled to oppose the receipt of the referred commercial communications. For such purpose, the Users must follow the indications provided when requesting their consent or else notify it in written to dataprotection@zinkia.com. With each commercial submission, ZINKIA provides the Users the appropriate mechanisms to unsubscribe to such communications.

With respect to minors personal data, ZINKIA warranties that such information will not be used for any inappropriate use in view of their age. ZINKIA will consider at every moment their age, together with their understanding, maturity and awareness and will never request economic information or private information related to their families. In addition, ZINKIA will facilitate the means to their parents or guardians to exercise their legal rights to access, cancel, oppose or rectify their data and warns the Users about the convenience of asking their parents or guardians advice before providing any information. ZINKIA tries to prevent that under-14s provide their personal data directly by including specific warnings for their parents or guardians and by confirming by e-mail that the data have been provided by adults. Notwithstanding the above, ZINKIA may require at any moment the written consent from parents or guardians in order to verify their knowledge and authorization to the access of their children to the ZINKIA Sites.

4. CORPORATE INFORMATION:

ZINKIA Sites: www.zinkia.com y www.zinkia.es offer corporate information of ZINKIA, in particular information regarding ZINKIA’s business and affairs, by providing, among others, data directed to ZINKIA’s investors and stockholders (as required pursuant to applicable legislation in force). The information provided in the referred Sites is directed for users of legal age.

5. ONLINE COMMUNITY:

The ZINKIA Sites offer the access to the online community addressed to children and known as “Pocoyo World” (hereinafter the “Pocoyo World Site”). ZINKIA requires minors to provide their parents or guardians´ e-mail address for the access to the Pocoyo World Site. With this address, ZINKIA submits the parents or guardians an electronic communication in which they are informed that the minor has been registered to the Pocoyo World Site. In this way, ZINKIA verifies that the minor had his/her parents/guardians´ consent in the moment of the registry. This e-mail address is related to the users account and permits the access to the Pocoyo World Site.

ZINKIA shall also use this address to regularly submit information to the parents/guardians regarding the company ´s products, services and/or sites, together with any third party promotional information with which ZINKIA may have commercial agreements.

6. ADDITIONAL INFORMATION

The ZINKIA Sites may offer premium/ payment sections and/or services of conditional access to which some adult additional information may be required. ZINKIA warrants that it will not directly collect any banking information from the Users. The communication and payment platforms shall be responsible for preserving the confidentiality of such personal data. For this reason, the Users are invited to consult each of these operators ´s privacy policy before making any payment (i.e. PayPal, Bibi, Allopass, etc). ZINKIA is committed with their Users´ security, for this reason it has commissioned the provision of these electronic services to secure payment platforms. Notwithstanding the above, if the User observes any anomaly in any of these services he/she is invited to contact ZINKIA at his/her earliest convenience. The Users agree and accept that the referred platforms shall in any case be exclusively responsible for the preservation of their banking data and expressly exonerate ZINKIA from any responsibility which may arise from such activities.

7. FORUM, ELECTRONIC CARDS AND COMMUNCIATION SERVICES

To the purposes of this Privacy Policy, “Public Forum” comprises instant messaging services, the publication of messages in forum or blogs, the sending of short messages, mobile messaging and e-mails (including, without limitation, electronic cards), as well as any other service which may be offered in any of the ZINKIA Sites.

The User participating in any forum available through the ZINKIA Sites agrees and accepts to comply with the terms herein established.

The forums from the ZINKIA Sites are addressed to different Users ´ categories. For this reason, the Users must respect the nature of each of them. Those forums which are addressed specifically to children offer the opportunity to communicate through predefined white list messages in order to preserve kids´ privacy and intimacy. ZINKIA advises parents to educate their children in the use of forums. ZINKIA Sites may also operate forums directed to parents and adults.

The User accepts that all information submitted to a ZINKIA Site through any forum will be sent using the Internet. In consequence, the confidentiality of the information contained in such message cannot be preserved. The User expressly accepts that the forum and services from the ZINKIA Sites are of a public nature, not private. ZINKIA warns the User of the risk of providing personal information through these services, such as the publication of messages in the forum or in instant messaging conversation, to which other persons may access or make use of them. ZINKIA cannot warrant the security of the information disclosed by the User in such services and if he/she does so, it will be done under the User ´s sole responsibility. ZINKIA recommends Users to provide alias, nicknames or similar in such forums and invites participants not to provide any personal data to avoid that ill-natured persons make use of such information.

The Users will be solely responsible of the content of the messages submitted to the forums. ZINKIA is not responsible for the contents and opinions published in the forums. The User is, in consequence, the sole and exclusive responsible of the content of the messages published with his/her user name and of the use of the information contained in such forum. ZINKIA reserves the right to eliminate and/or modify the content of any such message of forum, at any time and at its sole discretion.

ZINKIA warns all Users about some precautions to be adopted before accessing a forum. Users accessing a forum shall not, for instance, presume that the other participants are who their claim to be, know what they claim to know, are related with whom they claim to be related. The information from the forum may not be reliable and it is not advisable to take important decisions, such as commercial and investment relations, based solely or principally on information that the User cannot verify. ZINKIA cannot be responsible for the content or the completeness of such information and does not assume any responsibility over any commercial, investment or other similar decision based in such information.

ZINKIA reserves the right to eliminate the content from the instant messaging, the published messages and the e-mails not relating to the subject being discussed at the respective forum.

Some of the ZINKIA Sites allow the sending of electronic cards. The User must solely use the electronic cards or the mobiles messages with non-commercial purposes. In order to send a card or message of this kind, he or she must provide ZINKIA with an e-mail address or with a mobile phone. It is absolutely forbidden to send such cards and mobile messages through massive mailings or automated programs. The electronic cards and mobile messages must not contain inappropriate language or contents from third parties and may not promote illegal activities. The electronic cards and mobiles messages which do not comply with these rules must not be sent, and the User shall be responsible for making use of them. The User shall also be responsible for providing the recipient ´s e-mail and undertakes that it has obtained the prior consent from such person. ZINKIA shall access such address solely for the purpose of sending such message or card, without maintaining any such data for any other purposes. The User must avoid sending any such message through the ZINKIA Sites without the recipients consent.

8. USE OF THE INFORMATION:

The personal data collected through the ZINKIA Sites are incorporated in one or various automated files which have been registered before the Spanish Data Protection Agency.

ZINKIA shall use the data collected through the ZINKIA Sites for the following purposes:

In the event that ZINKIA transfers part of its business, or when merging or transforming its group of undertakings, ZINKIA shall be entitled to transfer the personal data to the new grouping, as permitted by the applicable legislation. In any event, the User expressly accepts the incorporation of his/her personal data to the files owned by ZINKIA or by any of the companies owned by its grouping. In addition, the User agrees that ZINKIA may commission to third parties the processing of his/her personal data for a better provision of the services being offered through the ZINKIA Sites, in accordance with the legal obligations contained in the LOPD and the RPDP and the purposes herein provided.

9. NOTE FOR PARENTS:

Internet offers a world of fun opportunities to kids. The participation and advise of their parents and adults are essential to warrant the kids a secure experience through the Internet. For this reason, we invite adults to share the navigation experience with their kids. We especially advice parents and guardians to access at all times the ZINKIA Sites with their kids and to participate in all the games and fun which they offer.

10. TERM:

ZINKIA may modify this Privacy Policy at any time with the purpose of introducing commercial improvements, or to make any adaptation required by any new piece of legislation or instructions required by the Spanish Data Protection Agency. The User is therefore advised to consult it periodically.

11. GENERAL:

If any of the rules of this Privacy Policy was to be declared void, wrongful or inapplicable, such term shall be understood as not published without affecting the validity and effectiveness of the remaining terms.

The decision of ZINKIA not to enforce any of these terms shall not be interpreted as a waiver of the Privacy Policy or any of its rules by ZINKIA.

12. APPLICABLE LAW AND JURISDICTION:

The present Privacy Policy is governed by Spanish legislation and shall be interpreted according to it. Any controversy derived from this Privacy Policy shall be submitted to the Spanish Courts. The Users expressly renounce to their applicable forum and agree to present any action or claim before the courts and tribunals of Madrid (Capital) in Spain.