LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE
I. GENERAL INFORMATION
In compliance with the duty of information provided in Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information data of this website are provided below :
The ownership of this website, https://pascualandco.com, (hereinafter, Website), is held by Beatriz Pascual Gigorro, with NIF: 46857329G and whose contact details are:
C/Solana Alta, 12
Contact email: email@example.com
II. GENERAL TERMS AND CONDITIONS OF USE
The object of the conditions: The Website
The purpose of these General Conditions of Use (hereinafter, Conditions), is to regulate the access and use of the Website. For the purposes of these Conditions, the Website will be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those services or online resources that, where appropriate, are offered to Users (hereinafter, Services).
Beatriz Pascual reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services that may be included in it. The User acknowledges and accepts that at any time Beatriz Pascual may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or in access to them.
Access to the Website by the User is free and, as a general rule, is free without the User having to provide a consideration to be able to enjoy it, except in relation to the cost of connection through the telecommunications network provided. by the access provider contracted by the User.
The use of any of the Contents or Services of the Website may be done through the subscription or prior registration of the User.
Acceptance of the conditions of use
The access, navigation and use of the Website, as well as the spaces enabled to interact between the Users, and the User and Beatriz Pascual, such as the comments, reviews and/or blogging spaces, confers the condition of User, for which reason They accept, from the moment they start browsing the Website, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. Given the relevance of the foregoing, the User is recommended to read them each time he visits the Website.
When customers complete an order in our store, they accepts receiving an email by a third company asking them for a review of their experience with us.
The Beatriz Pascual Website provides a wide variety of information, services and data. The User assumes responsibility for it to make correct use of the Website. This responsibility will extend to:
- A use of the information, Content and/or Services and data offered by Beatriz Pascual without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may cause injury to the rights of third parties or the operation of the Website.
- The veracity and legality of the information provided by the User in the forms issued by Beatriz Pascual for access to certain content or services offered by the Website. In any case, the User will immediately notify Beatriz Pascual about any fact that allows the improper use of the information registered in said forms, such as, but not only, theft, loss, or unauthorized access to identifiers and / or passwords, in order to proceed to its immediate cancellation.
Beatriz Pascual reserves the right to withdraw all those comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic spamming, that attempt against youth or childhood, order or public safety or that, in your opinion, are not suitable for publication.
In any case, Beatriz Pascual will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.
Mere access to this website does not imply any type of commercial relationship between Beatriz Pascual and the User.
The User declares to be of legal age and have sufficient legal capacity to be bound by these Conditions. Therefore, this Beatriz Pascual Website is not directed at minors. Beatriz Pascual declines any responsibility for the breach of this requirement.
III.ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
Beatriz Pascual does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. Beatriz Pascual will do everything possible for the proper functioning of the Website, however, she is not responsible for or guarantees that access to this Website will not be uninterrupted or error-free.
Nor is it responsible or guarantees that the content or software that can be accessed through this Website is error-free or causes damage to the User’s computer system (software and hardware). In no case will Beatriz Pascual be responsible for losses, damages or harm of any kind arising from access, browsing and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.
Beatriz Pascual is also not responsible for any damage that may be caused to users due to improper use of this website. In particular, it is not responsible in any way for the falls, interruptions, lack or defect of telecommunications that may occur.
Conditions of access and use of the portal
The user agrees to use the services and contents of the page in accordance with the provisions of the law, morality, public order and these general conditions of use. Likewise, it undertakes to make an appropriate use of the services and / or contents of the page and not to use them to carry out illicit or constitutive activities of crime and / or that infringe the regulation on intellectual and industrial property, or any other form of legal order applicable.
Rules of participation
a. to offend, insult, discredit or harass other people in any common space of the Web Site. Similarly, the user undertakes not to use the contact tools of other users to perform this type of activity.
b. introduce or disseminate content or propaganda of a racist, homophobic, xenophobic, pedophile, excessively violent nature, that advocates terrorism or that violates human rights.
c. post images of other people without their consent.
d. defame or slander companies, groups, NGOs, or any other group of individuals.
and. plagiarize, copy or use content of other people or media without their consent.
F. impersonate other people, groups or legal entities.
g. carry out commercial exploitation activities, such as the promotion of products and services, without the authorization of Beatriz Pascual; generate spam, transmit unsolicited commercial messages, use the Service as a tool to forward to another website or promote your site by posting multiple and identical messages in different spaces of Beatriz Pascual.
h. duplicate content. That is, copy and publish, with or without author authorization, and in a systematic way, content published on other websites.
i. offer, sell or exchange services and products that the administrators of the Web Site consider, in their sole discretion, to be inappropriate.
j. add any software that hinders the normal functioning of the system or any code, file or program that offers advertising through pop-up windows (POPups). Similarly, the user agrees not to publish content that violates the conditions of use of the advertising services used in the Web Site.
k. improperly use the features of the Web Site to self-promote or improve the positioning of any website in the search engine results.
Beatriz Pascual may, depending on each case, take any of the following moderating measures:
Remove the specific content without prior notice.
Suspend, temporarily or permanently, the appearance of the contents published by the author in any of the public spaces of the Web Site.
Delete the user’s account with all its content.
Beatriz Pascual undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.
Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD).
Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).
Identity of the person responsible for the processing of personal data
The person responsible for processing the personal data collected on the Website is: Beatriz Pascual Gigorro, with NIF: 46857329G (hereinafter, also Data Controller). Her contact details are as follows:
C/Solana Alta, 12
Contact email: firstname.lastname@example.org
Registration of Personal Data
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Beatriz Pascual through the forms extended on its pages will be incorporated and will be treated in our file in order to be able to facilitate, speed up and comply with the commitments established between Beatriz Pascual and the User, or the maintenance of the relationship established in the forms that the User fills out, or to attend to a request or query from the User. Likewise, in accordance with the provisions of the RGDP and the LOOPD-GDD, unless the exception provided for in article 30.5 of the RGPD is applicable, a record of treatment activities is maintained that specifies, according to its purposes, the treatment activities carried out and the other circumstances established in the RGPD.
Principles applicable to the processing of personal data
The processing of the User’s personal data will be subject to the following principles set out in article 5 of the RGPD:
- Principle of legality, loyalty and transparency: the consent of the User will be required at all times prior to completely transparent information on the purposes for which the personal data is collected.
- Purpose limitation principle: personal data will be collected for specific, explicit and legitimate purposes.
- Principle of data minimization: the personal data collected will only be strictly necessary in relation to the purposes for which they are processed.
- Accuracy principle: personal data must be exact and always updated.
- Principle of limitation of the period of conservation: personal data will only be kept in a way that allows the identification of the user for the time necessary for the purposes of its treatment.
- Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
- Proactive responsibility principle: the Data Controller will be responsible for ensuring that the above principles are met.
Categories of personal data
The categories of data that are processed on the Website are solely for identification. In no case are special categories of personal data processed within the meaning of Article 9 of the GDPR.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. Beatriz Pascual undertakes to obtain the express and verifiable consent of the User for the processing of her personal data for one or more specific purposes.
The User shall have the right to withdraw their consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.
At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the treatment to which the personal data will be used, that is, the use or uses that will be given to the information collected.
Personal data retention periods
Personal data will only be retained for the minimum time necessary for the purposes of its treatment and, in any case, only for the following period: 18 months, or until the User requests its deletion.
At the time the personal data is obtained, the user will be informed about the period during which the personal data will be kept or, when this is not possible, the criteria used to determine this period.
Recipients of personal data
The User’s personal data will be shared with the following recipients or categories of recipients:
WORDPRESS.COM (Aut O’Mattic Ltd., ℅ Noone Casey, Grand Canal Dock, 25 Herbert Pl, Dublin, D02 AY86, Ireland, IE 3255131SH).
In the event that the Data Controller intends to transfer personal data to a third country or international organization, at the time the personal data is obtained, the User will be informed about the third country or international organization to which the transfer is held. intention to transfer the data, as well as the existence or absence of an adequacy decision by the Commission.
Personal data of minors
Respecting the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may grant their consent for the processing of their personal data in a lawful manner by Beatriz Pascual. If it is a minor under 14 years of age, the consent of the parents or guardians will be necessary for the treatment and this will only be considered lawful to the extent that they have authorized it.
Secrecy and security of personal data
Beatriz Pascual undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in such a way as to guarantee the security of personal data and to avoid accidental destruction, loss or alteration or illicit transmission of personal data, stored or otherwise processed, or unauthorized communication or access to such data.
The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted in a secure and confidential manner, as the transmission of data between the server and the User, and in feedback, is fully encrypted or encrypted. .
However, because Beatriz Pascual cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a violation occurs. of the security of personal data that is likely to entail a high risk for the rights and freedoms of natural persons. Following the provisions of article 4 of the RGPD, a violation of the security of personal data is understood to be any violation of security that causes the destruction, loss or accidental or unlawful alteration of personal data transmitted, conserved or otherwise processed, or unauthorized communication or access to said data.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform of and guarantee through a legal or contractual obligation that said confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.
Rights derived from the processing of personal data
The User has over Beatriz Pascual and may, therefore, exercise the following rights recognized in the RGPD against the Data Controller:
- Right of access: It is the right of the User to obtain confirmation of whether or not Beatriz Pascual is treating their personal data and, if so, to obtain information about their specific personal data and the treatment that Beatriz Pascual has carried out or carries out, as well as , among others, of the information available on the origin of said data and the recipients of the communications made or planned thereof.
- Right of rectification: It is the right of the User to modify their personal data that turns out to be inaccurate or, taking into account the purposes of the treatment, incomplete.
- Right of deletion (“the right to be forgotten”): It is the right of the User, provided that the current legislation does not establish otherwise, to obtain the deletion of their personal data when they are no longer necessary for the purposes for which they were collected. or treated; the User has withdrawn his consent to the treatment and this does not have another legal basis; the User opposes the treatment and there is no other legitimate reason to continue with it; the personal data has been unlawfully processed; the personal data must be deleted in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its application, must take reasonable measures to inform those responsible for processing the personal data of the interested party’s request to delete any link to those personal data.
- Right to limitation of treatment: It is the User’s right to limit the treatment of their personal data. The User has the right to obtain the limitation of the treatment when he contests the accuracy of his personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has opposed the treatment.
- Right to data portability: In the event that the treatment is carried out by automated means, the User will have the right to receive their personal data from the Data Controller in a structured, commonly used and machine-readable format, and to transmit them to another controller. of the treatment. Whenever technically possible, the Data Controller will transmit the data directly to that other controller.
- Right of opposition: It is the right of the User not to carry out the processing of their personal data or to cease the processing thereof by Beatriz Pascual.
- Right not to be the subject of a decision based solely on automated processing, including profiling: It is the user’s right not to be the subject of an individualized decision based solely on the automated processing of their personal data, including profiling. , existing unless current legislation establishes otherwise.
Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference “RGPD-https://pascualandco.com”, specifying:
- Name, surnames of the User and copy of the DNI. In cases where representation is admitted, identification by the same means of the person representing the User will also be necessary, as well as the document accrediting the representation. The photocopy of the DNI may be replaced by any other legally valid means that proves identity.
- Request with the specific reasons for the request or information to which you want to access.
- Domicile for the purpose of notifications.
- Date and signature of the applicant.
- Any document that accredits the request made.
This application and any other attached document may be sent to the following address and/or email:
C/Solana Alta, 12
Links to third party websites
The Website may include hyperlinks or links that allow access to web pages of third parties other than Beatriz Pascual and therefore are not operated by Beatriz Pascual. The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.
Claims before the control authority
In the event that the User considers that there is a problem or infringement of current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a claim with a control authority, in particular, in the State in which you have your habitual residence, place of work or place of the alleged infringement. In the case of Spain, the competent authority is the Spanish Data Protection Agency (http://www.agpd.es).
V. LINKS POLICY
The installation of these links, directories and search engines on the website is intended to make it easier for Users to search for and access information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them. .
Beatriz Pascual does not offer or market, by herself or through third parties, the products and/or services available on said linked sites.
Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.
Beatriz Pascual will in no case review or control the content of other websites, nor does she approve, examine or endorse the products and services, content, files and any other material on the aforementioned linked sites.
Beatriz Pascual does not assume any responsibility for damages that may be caused by the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by Beatriz Pascual and that are linked on this Site. Web.
The User or third party that makes a hyperlink from a web page of another, different, website to the Beatriz Pascual Website must know that:
The reproduction – totally or partially – of any of the Contents and/or services of the Website is not permitted without the express authorization of Beatriz Pascual.
Neither is any false, inaccurate or incorrect statement about the Beatriz Pascual Website, nor about its Contents and/or Services, permitted.
With the exception of the hyperlink, the website on which said hyperlink is established will not contain any element of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorized by Beatriz Pascual.
The establishment of the hyperlink will not imply the existence of relations between Beatriz Pascual and the owner of the website from which it is made, nor the knowledge and acceptance of Beatriz Pascual of the contents, services and/or activities offered on said website and vice-versa.
VI. INTELLECTUAL AND INDUSTRIAL PROPERTY
Beatriz Pascual by herself or as assignee, is the owner of all the intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will, therefore, be works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and community regulations in this field, as well as the international treaties related to the matter and signed by Spain.
All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making them available, of all or part of the contents of this website, for commercial purposes, are expressly prohibited. in any support and by any technical means, without the authorization of Beatriz Pascual.
In the event that the User or third party considers that any of the Contents of the Website supposes a violation of the rights of protection of intellectual property, they must immediately notify Beatriz Pascual, through the contact details of the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.
VII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION
Beatriz Pascual reserves the right to file civil or criminal actions that she deems necessary for the improper use of the Website and Contents, or for the breach of these Conditions.
The relationship between the User and Beatriz Pascual will be governed by the regulations in force and applicable in Spanish territory. If any controversy arises in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting to the corresponding judges and courts according to law.
Last modified: February 7, 2022