General Conditions of Use

Legal notice and general conditions of use

 

JOSETXO PAJARES GARCIA

THE ARROCERIA OF THE MUSSELS BENIDORM

MAIN SQUARE, nº27

03501 Benidorm

Call us: Phone: 628 24 21 99

Email us: info@arroceriadelamejillonera.com  

Applicable legislation

 

The legal notice and the general conditions of use are governed by the following rules:

Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE) (particularly its article 10); 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; and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights; and 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.

 

GENERAL TERMS AND CONDITIONS OF USE

 

JOSETXO PAJARES GARCIA undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

 

Laws that incorporate this privacy policy

 

This privacy policy is adapted to current Spanish and European regulations on the protection of personal data on the Internet. In particular,   respects the following rules:

   

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, Protection of Personal Data and guarantee of digital rights (LOPD-GDD).

 

Royal Decree 1720/2007, of December 21, which approves the Regulation of   development of Organic Law 15/1999, of December 13, 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 the processing of personal data collected at JOSETXO PAJARES GARCIA is: JOSETXO PAJARES GARCIA, with NIF: 48299509S (hereinafter, also Responsible for the treatment). Their contact details are as follows:

 

Address: Plaza Mayor nº27, 03501 Benidorm. Contact telephone: 628 24 21 99, Contact email: info@arroceriadelamejillonera.com

 

Data Protection Officer (DPO)

 

The Data Protection Delegate (DPD, or DPO for its acronym in English) is in charge of ensuring compliance with the data protection regulations to which JOSETXO PAJARES GARCIA is subject. The User can contact the DPO designated by the Data Controller using the following contact information:

 

Registration of Personal Data

 

compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by JOSETXO PAJARES GARCIA through the forms extended on its pages will be incorporated and will be processed in our files in order to facilitate, expedite and comply with the commitments established between JOSETXO PAJARES GARCIA and the User or the maintenance of the relationship established in the forms that the User fills out, or to respond to a request or query from the User. Likewise, in accordance with the provisions of the RGPD and the LOPD-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 their purposes, the treatment activities carried out and the other circumstances established in the GDPR.

 

Principles applicable to the processing of personal data

 

The processing of the User's personal data will be subject to the following principles contained in article 5 of the GDPR:

   

Principle of legality, loyalty and transparency: the User's consent will be required at all times after completely transparent information of the purposes for which the personal data is collected.

 

Principle of purpose limitation: 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.

 

Principle of accuracy: personal data must be exact and always up to date.

 

Principle of limitation of the conservation period: personal data will only be maintained in a way that allows the identification of the User during the   time necessary for the purposes of its treatment.

 

Principle of integrity and confidentiality: personal data will be processed in a way that guarantees its security and confidentiality.

 

Principle of proactive responsibility: 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 by JOSETXO PAJARES GARCIA are only identifying data. 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. JOSETXO PAJARES GARCIA undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.

 

The User will have the right to withdraw their consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.

 

the occasions in which the User must or can provide their data through forms to make inquiries, request information or for reasons related to the content of the   Web Site, they will be informed in the event that Completion of any of them is mandatory because they are essential for the correct development of the operation carried out.

 

Purposes of the processing for which the personal data is intended

 

The personal data   are collected and managed by JOSETXO PAJARES GARCIA in order to facilitate, expedite and fulfill the commitments established between the Website   and the User or the maintenance of the relationship that is established in the forms that the latter fills out or to attend to a request or query.

 

Likewise, the data may be used for commercial personalization, operational, and statistical purposes, and activities specific to the corporate purpose of JOSETXO PAJARES GARCIA, as well as for the extraction, storage of data, and marketing studies to adapt the Content offered to the User. as well as improve the quality, operation and navigation of the Website.

 

the moment the personal data is obtained, the User will be informed about the specific purpose or purposes of the treatment for 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: 2 years, or until the User requests its deletion.

 

the moment in which 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:

   

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 data is intended to be transferred, as well as the existence or absence of an adequacy decision from the Commission.

 

Personal data of minors

 

Respecting the provisions of articles 8 of the GDPR and 13 of the RDLOPD, only those over 14 years of age may grant their consent for the processing of their personal data lawfully by JOSETXO PAJARES GARCIA. 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.

 

Secret and security of personal data

 

JOSETXO PAJARES GARCIA undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of personal data and avoid the _cc781905-5cde-3194- bb3b-136bad5cf58d_ accidental or unlawful destruction, loss or alteration of personal data   transmitted, stored or processed in another way, or unauthorized communication or access to such data.

 

However, since JOSETXO PAJARES GARCIA 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 breach of the security of personal data that is likely to entail a high risk to the rights and freedoms of natural persons. Following the provisions of article 4 of the GDPR,   violation of the security of personal data is understood as any violation of security that causes the destruction, loss or accidental or illegal alteration of personal data transmitted , stored or otherwise processed, or unauthorized communication or access to such data.

 

The personal data will be treated as confidential by the Data Controller, who undertakes to inform and guarantee through a legal or contractual obligation that said confidentiality is respected by its employees, associates, and any person to whom the information is made accessible. information.

 

Rights derived from the processing of personal datayes

 

The User has over JOSETXO PAJARES GARCIA and may, therefore, exercise the following rights recognized in the GDPR before the Data Controller:

   

Right of access: It is the right of the User to obtain confirmation of whether or not JOSETXO PAJARES GARCIA is treating their personal data and, if so, to obtain information about their specific personal data and the treatment that JOSETXO PAJARES GARCIA has carried out or is carrying out. , as well as, among other things, 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 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 have 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 adopt reasonable measures to inform those responsible who are processing the personal data of the request of the interested party to delete any link to that personal data.

 

Right to limitation of treatment: It is the right of the User to limit the treatment of their personal data. The User has the right to obtain the limitation of the treatment when they challenge the accuracy of their personal data; the treatment 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 from the Data Controller their personal data in a structured format, of common use and mechanical reading, and to transmit them to another person in charge. of the treatment. Whenever technically possible, the Data Controller will directly transmit the data 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 their processing by JOSETXO PAJARES GARCIA.

 

Right not to be subject to a decision based solely on automated processing, including profiling: It is the User's right not to be subject to an individualized decision based solely on automated processing of their personal data, including the profiling, existing unless the current legislation establishes otherwise.

   

Thus, the User may exercise their rights by written communication   addressed to the Data Controller with the reference RGPD web https://rgpd.es/,   specifying:

   

Name, surname of the User and copy of the DNI. In the cases in which the   representation is admitted, the 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 the identity.

 

Request with the specific reasons for the request or information to which you want to access.

 

Address for the purpose of notifications.

 

Date and signature of the applicant.

 

Any document that proves the request made.

   

This application and any other attached document may be sent to the following address and/or email:

 

Postal address: Plaza Mayor nº27, 03501 Benidorm, Alicante.

Email: info@arroceriadelamejillonera.com

 

Links to third party websites

 

The Website may include hyperlinks or links that allow access to web pages of third parties other than JOSETXO PAJARES GARCIA, and therefore are not operated by JOSETXO PAJARES GARCIA. The owners of said 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 violation 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, at _cc781905- 5cde-3194-bb3b-136bad5cf58d_ particular, in the State in which he has his habitual residence, place of work or place of the alleged infringement. In the case of Spain, the control authority is the Spanish Agency for Data Protection (http://www.agpd.es).

 

Acceptance and changes to this privacy policy

 

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as that they accept the processing of their personal data so that the Data Controller can proceed to the same in the form, during the terms and for the purposes indicated. The use of the Website will imply the acceptance of its Privacy Policy.

 

JOSETXO PAJARES GARCIA reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Agency for Data Protection. Changes or updates to this Privacy Policy will be explicitly notified to the User.

 

This Privacy Policy was updated on 01/29/2021 to adapt to 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 treatment of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights (LOPD)

 

COOKIES POLICY

 

Access to this Website may imply the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User on the different devices that may be used to navigate so that the server remembers certain information that will be read later and only by the server that implemented it.

Cookies facilitate browsing, make it more user-friendly, and do not harm the browsing device.

 

 

The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website and the sites visited just before and after it. However, no cookie allows it to contact the User's telephone number or any other means of personal contact. No cookie can extract information from the User's hard drive or steal personal information. The only way for the User's private information to become part of the Cookie file is for the user to personally provide that information to the server.

 

Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, for the use of the same, the consent of the User will be necessary. This consent will be communicated, based on an authentic choice, offered by means of an affirmative and positive decision, before the initial, removable and documented treatment.

 

own cookies

 

These are cookies that are sent to the User's computer or device and managed exclusively by JOSETXO PAJARES GARCIA for the best functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies allow the User to be recognized as a recurring visitor to the Website and adapt the content to offer content that meets their preferences.

 

The entity(ies) in charge of supplying cookies may transfer this information to third parties, as long as it is required by law or it is a third party that processes this information for said entities.

 

Social network cookies

 

JOSETXO PAJARES GARCIA incorporates social network plugins, which allow access to them from the Website. For this reason, social network cookies may be stored in the User's browser. The owners of these social networks have their own data protection and cookie policies, being themselves, in each case, responsible for their own files and their own privacy practices. The User must refer to them to find out about said cookies and, where appropriate, the processing of their personal data. For information purposes only, the links where these privacy and/or cookie policies can be consulted are indicated below:

 

Facebook:   https://www.facebook.com/policies/cookies/

 

Twitter:   https://twitter.com/es/privacy

 

Instagram:   https://help.instagram.com/1896641480634370?refig

 

Youtube:   https://policies.google.com/privacy?hles-419&glmx

 

Google+:   https://policies.google.com/technologies/cookies?hles

 

Pinterest:   https://policy.pinterest.com/en/privacy-policy

 

LinkedIn:   https://www.linkedin.com/legal/cookie-policy?trkhp-cookies

 

Disable, reject and delete cookies

 

The User can disable, reject and eliminate cookies totally or partially installed   on his device by configuring his browser (among which   are, for example , Chrome, Firefox, Safari, Explorer). In this sense, the procedures for rejecting and eliminating cookies may differ from one   Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser that he is using. In the event that you reject the use of cookies in whole or in part, you may continue to use the Website, although the use of some of its features may be limited.

 

Cookie Policy Changes

 

It is possible that the Cookies Policy of the Website changes or is updated, therefore it is   recommendable that the User review this policy each time they access the   Web Site with the aim of being adequately informed about how and for what   we use cookies.

 

LINK POLICY

 

It is reported that the JOSETXO PAJARES GARCIA Website makes or may make available to Users link means (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.

 

The purpose of installing these links, directories and search engines on the Website is to make it easier for Users to search for and access the information available on the Internet, without it being considered a suggestion, recommendation or invitation to visit them. .

 

JOSETXO PAJARES GARCIA does not offer or market, by itself 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.

 

JOSETXO PAJARES GARCIA will in no case review or control the content of other websites, nor will it approve, examine or endorse the products and services, content, files and any other material on the aforementioned linked sites.

 

JOSETXO PAJARES GARCIA 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 the websites not managed by JOSETXO PAJARES GARCIA and that are linked in this Website.

 

The User or third party who makes a hyperlink from a web page of another, different, website to the JOSETXO PAJARES GARCIA Website must know that:

 

The total or partial reproduction of any of the Contents and/or   Website Services is not allowed without the express authorization of JOSETXO PAJARES GARCIA

 

Neither is any false, inaccurate or incorrect statement allowed on the JOSETXO PAJARES GARCIA Website, nor on its Contents and/or Services.

 

Except for the hyperlink, the website where 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 JOSETXO PAJARES GARCIA .

 

The establishment of the hyperlink will not imply the existence of relations between JOSETXO PAJARES GARCIA and the owner of the website from which it is made, nor the knowledge and acceptance of JOSETXO PAJARES GARCIA of the contents, services and/or activities offered on said website, and vice versa.

 

INTELLECTUAL AND INDUSTRIAL PROPERTY

 

JOSETXO PAJARES GARCIA by itself or as an 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 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 JOSETXO PAJARES GARCIA

 

 

In the event that the User or third party considers that any of the Contents of the Website constitutes a violation of the rights of protection of intellectual property, they must immediately notify JOSETXO PAJARES GARCIA through the contact information in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

 

LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

 

JOSETXO PAJARES GARCIA reserves the right to present civil or criminal actions that it deems necessary for the improper use of the Website and Contents, or for breach of these Conditions.

 

 

The relationship between the User and JOSETXO PAJARES GARCIA will be governed by current regulations and those applicable in Spanish territory. Should any controversy arise in relation to the   interpretation and/or application of these Conditions, the parties will submit their conflicts to ordinary jurisdiction, submitting to the corresponding judges and courts according to law.