LEGAL NOTICE AND CONDITIONS OF USE OF THE WEBSITE
In order to comply with Article 10 of Law 34/2002 for Information Society and Electronic Commerce Services, we shall inform the Users of the following data:
Company Name: ESTYOFI, S.L.
Company Address: Plaça Tetuán, 30, 08010 Barcelona, (Barcelona)
Tax Identification Number: B08345753
Registration Data: Registro Mercantil de Barcelona, hoja número 86.108/folio 129/tomo 30867 del Libro de Sociedades.
1.- PURPOSE OF THE WARNING
ESTYOFI, S.L. (hereinafter the Provider), as a responsible entity for the website, provides this document to the Users, which regulates the use of the website www.ibiza.sagales.com, by which we intend to comply with the obligations set forth in the Law 34/2002 for Information Society and Electronic Commerce Services (LSSICE or LSSI), as well as informing all Users about the conditions of use of the website.
Through the Web, ESTYOFI, S.L. provides users with access to and use of different services and content made available through the web.
Any person accessing this website assumes the role of User (hereinafter, the User), which consequently implies full and unreserved acceptance of each one of the provisions included in this legal notice, as well as any other legal provisions that are of application.
As a User, you have to carefully read this Legal Notice for all and any of the occasions that you access the web, as there may be modifications, being that the provider reserves the right to modify any type of information that may appear on the web without having to pre-warn or to inform users of these obligations, being only enough the mere publication on the website of the Provider.
2.- CONDITIONS OF ACCESS AND USE OF THE WEB
2.1. Free access and use of the web
The provision of services by ESTYOFI, S.L. is free for all Users. However, some of the services rendered by the provider through the Web are subject to payment of a specific price through the general contract of conditions.
2.2. User registration
In general, the rendering of the Services does not require prior subscription or registration of Users. Even so, ESTYOFI, S.L. conditions the use of some of the services only if the User has previously filled out the corresponding User registration form. Such registration shall be completed in the manner that is expressly indicated in the service section itself.
2.3. Accuracy and truthfulness of the information
All the information provided by the User must be accurate and truthful. For these purposes, the User guarantees the authenticity of the data provided through the forms for the subscription of the Services. The User is responsible to keep all the information provided to ESTYOFI, S.L. permanently updated in a way that it reflects, at all times, their actual situation. In any case, the User will be solely responsible for false or inaccurate statements provided by them, as well as for the damages that may be caused to the provider or third parties consequently.
For the use of the services, minors must always obtain previous consent of their parents, guardians or legal representatives, who are ultimately responsible for all acts performed by such minors under their care. They are also responsible for determining the specific contents to which minors access, that is, in the event a minor access unsuitable content via the Internet, they will have to establish mechanisms in their computers, in particular computer programs, filters and blocks, which are intended to limit the available contents and, in spite that they are not infallible, they are of special utility to control and to restrict the materials to which minors can be exposed.
2.5. Obligation to make a correct use of the Web
The User agrees to use the Website in compliance with the Law and this Legal Notice, as well as in accordance to morality and good customs. For this purpose, the User shall refrain from using the page for purposes that are unlawful or prohibited, and / or injurious to the rights and interests of third parties, and / or that in any way may damage, disable, overburden, deteriorate or prevent the normal use of computer equipment or documents, files and all kinds of content stored on any computer equipment of the provider.
As a particular indication but not limited thereto, the User undertakes not to transmit, disseminate or make available to third parties’ information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any kind of material that:
(a) is contrary, despises or attempts against fundamental rights and public liberties that are recognized by the Spanish Constitution, international treaties and other current applicable laws;
(b) induces, incites or promotes actions that are criminal, degrading, defamatory, violent or, in general, contrary to law, morals and public order;
(c) induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;
(d) is contrary to the rights relating to honour, personal or family privacy or to the person's own image;
(e) in any way prejudices the credibility of the provider or of third parties; and
(f) constitutes illicit, deceptive or disloyal advertising.
3.- EXCLUSION OF GUARANTEES AND LIABILITY
The Provider is exempt from any and all liabilities arising from the information published on our website, provided that this information has been manipulated or introduced by a third party. This website has been revised and tested to work properly. In principle, its correct operation can be guaranteed 365 days a year, 24 hours a day. However, the Provider does not rule out the possibility that there may be certain programming errors, or that there are causes of force majeure, natural disasters, strikes, or similar circumstances that could make it impossible to access the website. ESTYOFI, S.L. does not grant any guarantee and is not liable, in any case, for any and all damages of any kind that may arise from the lack of availability, maintenance and effective operation of the website or its services and contents; of the existence of viruses, malicious programs or harmful contents; of the illicit, negligent, fraudulent use or contrary to this Legal Notice and conditions of use; or the lack of legality, quality, reliability, usefulness and availability of the services provided by third parties and motions available to users on the website. The provider is not liable under any circumstances for any and all damages that may arise from the illegal or improper use of this website.
Under no circumstances the cookies will be used to collect personal information.
For more information, see our Cookies Policy.
From the website, you may be redirected to third-party content. Since it is not always possible to control the content entered by third parties, ESTYOFI, S.L. does not assume any liability regarding these contents. In any case, the Provider states to undertake the immediate withdrawal of any content that may contravene national or international laws, morality or public order, also proceeding to the immediate withdrawal of the redirection to these websites, as well as informing the competent authorities of the content in question.
The Provider is not responsible for the information and stored content that may be included but not limited to forums, chats, blog generators, comments, social networks or any other means that allow third parties to independently publish content of the website of the provider. However, and in compliance with the provisions of art. 11 and 16 of the LSSICE (Information Society and Electronic Commerce Law in Spain), the Provider undertakes to be available for all users, authorities and security forces, as to actively collaborate in the withdrawal or, when necessary, the blocking of all content that may affect or contravene the national, or international laws, rights of third parties or for the purposes of morality and public order. In the event that the user considers that there may be some content that could be susceptible to this classification, they shall notify the administrator of the website immediately.
6.- PERSONAL DATA PROTECTION
7.- SOCIAL NETWORKS
We inform you that ESTYOFI, S.L. may be present in social networks. The processing of the data that the users include in social networks [by becoming followers of the provider in the social networks (and / or realizing any link or connection action through these)] will be governed by this section, as well as by the conditions of use, privacy policies and regulations for access and use of the social networks in question and are previously accepted by the user.
ESTYOFI, S.L. will process your data in order to inform you of the activities, products or services of the provider through these social networks, as well as for any other purpose that the Social Networks regulations allow, but will not be responsible for their Privacy Policies.
The following content publications are prohibited:
- Whereas they are unlawful by national, community or international regulations or that they carry out activities that are allegedly unlawful or contravene the principles of good faith.
- Whereas they threaten the fundamental rights of people, lack of courtesy in the network, annoy or may generate negative opinions on our users or third parties and in general whatever the content that ESTYOFI, S.L. deems inappropriate.
- And in general, whereas they contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual and industrial property rights.
Also, ESTYOFI, S.L. reserves the right to remove, without prior notice from the website or the corporate social network, those contents that are deemed inappropriate.
8.- INTELLECTUAL AND INDUSTRIAL PROPERTY
The website, including but not limited to the programming, editing, compilation and other elements necessary for its operation, the designs, logos, texts, photographs and / or graphics are all property of the Provider or, if necessary, its use is based upon a license agreement or express authorization from behalf of the owner(s). All the contents of the website are duly protected by the rules of intellectual and industrial property.
Regardless of the purpose for which they were intended, the total or partial reproduction, use, distribution and public communication require prior written authorization from the Provider. Any use that is not previously authorized by the Provider will be considered a serious breach of the intellectual or industrial property rights of the owner(s).
The designs, logos, texts and / or graphics that are unrelated to the provider and that may appear on the website, are property of their respective owners, being themselves responsible for any possible dispute that may occur in their regard. In any case, the Provider has express and prior authorization from such owners.
The Provider acknowledges, in favor of the owners, their corresponding industrial and intellectual property rights, by which their mentioning or appearance on the website, does not imply the existence of any rights or any liability of the Provider on them, as well as endorsement, sponsorship or recommendation by the same.
To make any kind of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, you may communicate with the Provider through the contact email above.
9.- APPLICABLE LAW AND JURISDICTION
For the resolution of disputes or issues related to this website or the activities that are developed therein, they shall be governed by the laws applicable in Spain, to which the parties expressly submit, being the Courts of Barcelona the competent entities that shall resolve all disputes that derive or are related to the use performed by such parties.
RESPONSIBLE FOR TREATMENT
Identity: ESTYOFI, S.L. (also the lender)
Postal address: Plaça Tetuán, 30, 08010 Barcelona, (Barcelona)
ESTYOFI, S.L.,as responsible for the Website, in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (RGPD) and in the State Organic Law 3/2018 of December 5 LOPD_GDD, related to the protection of natural persons regarding the processing of personal data and to the free movement of such data and other regulations in force regarding the protection of personal data, and by Law 34/2002 of July 11, Services of The Information and Electronic Commerce Society (LSSICE) informs you that it has implemented the necessary technical, organizational and security measures to guarantee and protect the confidentiality, integrity and availability of the data introduced.
PURPOSE OF TREATMENT
Your personal data will only be used for the following purposes:
- Perform the necessary commercial and administrative steps with the users of the web;
- Send commercial communications by email, fax, SMS, MMS, social communities or any other electronic or physical means, in case the User has expressly consented to the sending of commercial communications by electronic means by subscription of the NEWSLETTER;
- Respond to queries and / or provide information required by the User;
- Perform services and / or products contracted or subscribed by the User
- Use your data to contact you, both electronically and non-electronically, to obtain your opinion about the service provided and,
- Analysis of profiles and usability will be carried out.
- The data of clients and / or suppliers will be treated, within the contractual relationship that links them with the responsible, in compliance with the administrative, fiscal, accounting and labour obligations that are necessary under the current legislation.
You can revoke your consent at any time by sending a letter with the subject "Low" to firstname.lastname@example.org .
According to the LSSICE, ESTYOFI, S.L. does not carry out SPAM practices, therefore, it does not send commercial emails that have not been previously requested or authorized by the User. Consequently, in all the communications that will be received from the provider, the user has the possibility of cancelling his express consent to receive our communications. We will not treat your personal data for any other purpose of those described except for legal obligation or legal requirement.
CONSERVATION OF THE DATA
Your data will be preserved during the period that the commercial relationship with us lasts or you exercise your rights of cancellation, opposition, or limitation to the treatment. However, we will retain certain personal identification and traffic information for a maximum period of 2 years in the case required by the Judges and Courts or to initiate internal actions derived from the improper use of the website.
It will not be the object of decisions based on automated treatments that produce effects on your data.
LEGITIMATION OF TREATMENT
The legal basis for the processing of the data is your consent granted to carry out the purposes mentioned, which will be requested at the time of marking the corresponding box when collecting your data.
Failure to provide the requested personal data or not accepting this data protection policy results in the impossibility of subscribing, registering or receiving information about the Lender's products and services.
In cases where there is a prior contractual relationship between the parties, the legitimacy for the development of the administrative, fiscal, accounting and labour obligations that are necessary under the current legislation will be the prior existence of the commercial relationship established between the parties. In cases where there is a prior contractual relationship between the parties, the legitimacy for the development of the administrative, fiscal, accounting and labour obligations that are necessary under the current legislation will be the prior existence of the commercial relationship established between the parties.
Any communication sent will be incorporated into the information systems of ESTYOFI, S.L. By accepting these conditions, terms and policies, the User expressly agrees that ESTYOFI, S.L. perform the following activities and / or actions, unless the User indicates the opposite:
• The sending of commercial and / or promotional communications by any means enabled informing the Users of the activities, services, promotions, publicity, news, offers and other information about the services and products related to the activity.
• In the event that the User has expressly consented to the sending of commercial communications by electronic means through the subscription of NEWSLETTER, the sending of these communications by electronic means informing the Users of the activities, services, promotions, publicity, news, offers and other information about the services and products of ESTYOFI, S.L. Equals or similar to those initially subject to hiring or interest by the User.
• The preservation of the data during the periods stipulated in the applicable provisions.
OFFICIAL MEANS OF COMMUNICATION
The user is informed that the means enabled by the company to communicate with customers and others affected is the corporate phone, business mobile phones and corporate email.
If you are Sending personal information through a means of communication other than those indicated in this section, THE COMPANY will be exempt from liability in relation to the security measures available to the medium in question.
DESTINATERS OF CESSIONS OR TRANSFER
ESTYOFI, S.L. does not carry out any assignment or communication of data unless there is a reasonable need to comply with a judicial procedure, legal obligation or after obtaining the consent of the user.
Nor will international transfers of your personal data without your prior consent without prejudice to block or cancel your account if there can be indications of the commission of a crime by the user. The information provided will be only the one available at this time by the lender.
ESTYOFI, S.L. will not transfer the data collected to third parties unless there is a reasonable need to comply with a judicial procedure, legal obligation or after obtaining the consent of the user. The information that you provide us both through this website and through the application will be hosted on our servers.
RIGHTS OF INTERESTED PEOPLE
As a user-interested party, you can request the exercise of the following rights before ESTYOFI, S.L. by submitting a letter to the postal address of the heading or by sending an email to email@example.com , indicating as Subject: "DATA PROTECTION: AFFECTED RIGHTS", and enclosing a photocopy of your DNI or any analogous means in law , as the law indicates.
• Right of access: Allows the interested party to know and obtain information about their personal data subject to treatment.
• Right of rectification or deletion: It allows to correct errors and modify the data that are inaccurate or incomplete.
• Cancellation right: It allows the data to be inadequate or excessive to be deleted.
• Right of opposition: Right of the interested party to not carry out the processing of his personal data or cease in the same.
• Limitation of the treatment: It entails the marking of the personal data conserved, with the end to limit its future treatment.
• Data portability: Facilitation of the data subject to treatment to the interested party, so that it can be transmitted to another person responsible, without impediments.
• Right not to be the object of automated individual decisions (including the drawing of profiles): Right not to be the object of a decision based on the automated treatment that produces effects or affects significantly.
As a user, you have the right to withdraw your consent at any time. The withdrawal of consent will not affect the legality of the treatment carried out before the withdrawal of consent.
You also have the right to file a complaint with the control authority if you believe that your rights may have been violated in relation to the protection of your data (agpd.es).
The data collected by the person responsible are the following:
- Those that users provide through the different services offered on the website
- Those included in the different forms provided on the website
- Data collected through "cookies" for the improvement of browsing experience as reported in cookies policy.
The refusal to provide the obligatory data will imply the impossibility of taking care of the specific request in question. You have to indicate that the information and the information you provide us is accurate, current and truthful. Please be advised that in case of modification, immediately inform the same so that the information in treatment is always updated and does not contain errors. If you hire the service / purchase the product through our web page [LSSI_Web] we will ask you to provide us with information about you, including your name, contact details and credit or debit card information.
We inform you that ESTYOFI, S.L. may have a presence on social networks. The processing of the data that is carried out by the people that follow the social networks (and / or perform any link or action through the social networks) of the official pages of ESTYOFI, S.L. will be governed by this section, as well as by those conditions of use, privacy policies and access regulations that belong to the social network that proceed in each case and previously accepted by the user.
ESTYOFI, S.L. will treat your data in order to properly manage your presence in the social network, informing you of activities, products or services of the provider, as well as for any other purpose that the regulations of Social Networks allow. The publication of contents is prohibited if:
- They are presumably illicit by the national, communitarian or international norms or that they carry out activities presumably illicit or contravene the principles of the good faith.
- They attack the fundamental rights of the people, they are free of courtesy in the network, annoy or may generate negative opinions in our users or third parties and in general whatever the contents that ESTYOFI, S.L. considers inadequate.
- And in general, if they contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual or industrial property rights.
Likewise, ESTYOFI, S.L. reserves the right to withdraw, without prior notice of the website or the corporate social network, those contents that are considered inadequate.
The communications sent through the social networks will be incorporated into a file owned by ESTYOFI, S.L., being able to send you information of interest.
You can access more information, as well as consult the companies that are part of ESTYOFI, S.L., through the following link: www.empresa.com/politicadeprivacidad.
In any case, if you are. Sending personal information through the social network, ESTYOFI, S.L. It will be exempt from liability in relation to the security measures applicable to the present platform, having the user in case of wanting to know them, consult the corresponding particular conditions of the network in question.
The data you provide us will be treated confidentially. The Lender has adopted all the technical and organizational measures and all the levels of protection necessary to guarantee the security in the treatment of the data and to avoid its alteration, loss, theft, treatment or unauthorized access, according to the state of the technology and nature of the stored data. Likewise, it is also guaranteed that the treatment and registration in files, programs, systems or equipment, premises and centres meet the requirements and conditions of integrity and security established in the current regulations.
In the event that the user sends his CV through our website, we inform you that the data provided will be treated to participate in the selection processes that may exist, carrying out an analysis of the profile of the applicant for the purpose of selecting the best candidate for the vacant position. We inform you that this is the only official procedure to accept your resume, so that resumes sent by a different procedure will not be accepted. In the case of any modification of the data, please communicate it in writing as soon as possible, in order to keep your data duly updated.
The data will be kept for a maximum period of one year, after which the data will be deleted, guaranteeing a total respect to the confidentiality of both the treatment and its subsequent destruction. In this sense, after the aforementioned term, and if you wish to continue participating in the selection process, please send us your resume again.
The data may be processed and / or communicated to the companies belonging to our group during the time of preservation of their curriculum and for the same purposes as previously reported.
SUBSCRIPTION TO THE BLOG
In the case that the user subscribes to the blog, we inform you that the data provided will be processed to manage their subscription to the news blog with an update notice and that they will be preserved while there is a mutual interest in keeping the end of the treatment. When it is no longer necessary for such purpose, they will be removed with appropriate security measures to ensure pseudonimization of the data or its total destruction. Data will not be communicated to third parties, except in case of legal obligation.
PARTICIPATION IN FORUMS
PUBLICATION OF ITS TESTIMONY
In the event that the user wishes to post their opinion on the website, we inform that the data provided will be treated to meet the suggestions suggested, experiences or opinions regarding the products and / or services to be published on the website and thus be able help other users. The data will be preserved while there is a mutual interest in maintaining the end of the treatment and when it is no longer necessary for such purpose, they will be removed with adequate security measures to guarantee pseudonization of the data or its total destruction. The testimonials will be published on our website. The only personal data that will be published of the testimonial will be his/her name.
ESTYOFI, S.L. reserves the right to modify this policy to adapt it to legislative or jurisprudential novelties.
In general, the relationships between ESTYOFI, S.L. with the Users of their telematic services, present in this Web, are subject to the Spanish legislation and jurisdiction to which the parties expressly submit themselves, being competent for the resolution of all conflicts derived or related to their use the Courts and Tribunals of Barcelona.