Legal notice and general conditions of use
MARIA ANTONIA OVIEDO RIVERO
THE MUSSEL FISH BENIDORM
Road Walk, nº16
03501 Benidorm
Call us: Tel: 628 24 21 99
Send us an email: info@lamejillonera.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, on the 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
MARIA ANTONIA OVIEDO RIVERO undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.
Laws incorporated in this privacy policy
This privacy policy is adapted to current Spanish and European regulations regarding the protection of personal data on the Internet. In Specifically, it 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, on the 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, on the Protection of Personal Data (RDLOPD).
Law 34/2002, of July 11, on Services of the Information Society and Commerce Electronic (LSSI-CE)
Identity of the person responsible for the processing of personal data
The person responsible for processing the personal data collected in MARIA ANTONIA OVIEDO RIVERO is: Maria Antonia Oviedo Rivero, with NIF: 48299509S (hereinafter, also Data Controller). Their contact details are as follows:
Address: Paseo de la Carretera nº16, 03501 Benidorm. Contact phone: 628 24 21 99, Contact email: info@lamejillonera.com
Data Protection Officer (DPD)
The Data Protection Officer (DPD, or DPO for its acronym in English) is in charge of ensuring compliance with the data protection regulations to which MARIA ANTONIA OVIEDO RIVERO is subject. The User can contact the DPO designated by the Data Controller using the following contact details:
Registration of Personal Data
compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by MARIA ANTONIA OVIEDO RIVERO through the forms extended on its pages will be incorporated and will be treated in our files in order to be able to facilitate, expedite and comply the commitments established between MARIA ANTONIA OVIEDO RIVERO 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 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 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.
Principle of purpose limitation: personal data will be collected for purposes determined, explicit and legitimate.
Principle of data minimization: the personal data collected will only be those 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 term of conservation: the 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 treated 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 in MARIA ANTONIA OVIEDO RIVERO 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. MARIA ANTONIA OVIEDO RIVERO 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 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.
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 Site Web, you will be informed if the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.
Purposes of the treatment to which the personal data is destined
The data personal data are collected and managed by MARIA ANTONIA OVIEDO RIVERO in order to facilitate, streamline and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills out or to attend to a request or query.
Likewise, the data may be used for a commercial personalization, operational and statistical purpose, and activities of the corporate purpose of MARIA ANTONIA OVIEDO RIVERO, 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 in which 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: 2 years, or until the User requests its deletion.
the moment 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 recipient categories:
In the event that the Data Controller intends to transfer personal data to a third country or international organization, at the time the data is obtained personal information, 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 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 MARIA ANTONIA OVIEDO RIVERO. 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
MARIA ANTONIA OVIEDO RIVERO undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in a way that guarantees the security of personal data and avoids accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to said data.
However, because MARIA ANTONIA OVIEDO RIVERO 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 this occurs. a personal data security breach that is likely to entail a high risk to the rights and freedoms of natural persons. Following the provisions of article 4 of the RGPD, it is understood by breach of the security of personal data any breach of security that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to said data.
The 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 such 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 data
The User has over MARIA ANTONIA OVIEDO RIVERO 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 MARIA ANTONIA OVIEDO RIVERO is treating their personal data and, if so, to obtain information about their specific personal data and the treatment that MARIA ANTONIA OVIEDO RIVERO has carried out. or perform, as well as, among others, the information available on the origin of said data and the recipients of the communications made or planned for them.
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 incomplete treatment.
Right of deletion ("the right to be forgotten"): It is the User's right, 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 their 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, having Taking into account the technology available and the cost of its application, you must take reasonable measures to inform those responsible for processing the personal data of the interested party's request to delete any link to said 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 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 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 MARIA ANTONIA OVIEDO RIVERO.
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 the 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 web https://rgpd.es/, specifying:
Name, surnames of the User and copy of the DNI. In cases where the representation, it will also be necessary to identify by the same means the person representing the User, 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.
Address for notification purposes.
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:
Postal address: Paseo de la Carretera nº16, 03501 Benidorm, Alicante.
Email: info@lamejillonera.com
Links to third party websites
The Website may include hyperlinks or links that allow access to web pages of third parties other than MARIA ANTONIA OVIEDO RIVERO, and therefore are not operated by MARIA ANTONIA OVIEDO RIVERO. 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 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 Data Protection Agency (http://www.agpd.es).
Acceptance and changes to this privacy policy
It is necessary that the User has read and is in agreement with the conditions on the protection of personal data contained in this Privacy Policy, as well as that he accepts the processing of his personal data so that the Data Controller can proceed to the same in the form, during the periods and for the indicated purposes. The use of the Website will imply the acceptance of its Privacy Policy.
MARIA ANTONIA OVIEDO RIVERO 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 Data Protection Agency. 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 processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD)
COOKIES POLICY
Access to this Website may involve 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 can be used to navigate so that the server remembers certain information that later and only the server that implemented it will read.
Cookies facilitate navigation, make it more user-friendly, and do not damage the navigation 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 be part of the Cookie file is for the User to personally give that information to the server.
Cookies that allow a person to be identified are considered personal data. Therefore, the aforementioned Privacy Policy 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 through an affirmative and positive decision, before the initial treatment, removable and documented.
Own cookies
They are those cookies that are sent to the User's computer or device and managed exclusively by MARIA ANTONIA OVIEDO RIVERO 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 to 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 a third party processes this information for said entities.
Social network cookies
MARIA ANTONIA OVIEDO RIVERO 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 in which these privacy and/or cookie policies can be consulted are indicated below:
Facebook: https://www.facebook.com/policies/cookies/
Twitter: https://twitter.com/en/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/es/privacy-policy
LinkedIn: https://www.linkedin.com/legal/cookie-policy?trkhp-cookies
Disable, reject and delete cookies
The User can disable, reject and delete cookies totally or partially installed on your device through your browser settings (including find, for example, Chrome, Firefox, Safari, Explorer). In this sense, the procedures to reject and delete cookies may differ from one user to another. Internet browser to another. Consequently, the User must refer to the instructions provided by the Internet browser they are using. In the event that you reject the use of cookies in whole or in part, you may continue to use the Website, although you may have limited use of some of its features.
Changes in the Cookies Policy
It is possible that the Cookies Policy of the Website changes or is updated, for this reason it is It is recommended that the User review this policy each time he accesses the Site. Web in order to be properly informed about how and why we use cookies.
LINKS POLICY
It is reported that the Website of MARIA ANTONIA OVIEDO RIVERO 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 owned and/or managed by third parties.
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. .
MARIA ANTONIA OVIEDO RIVERO 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.
MARIA ANTONIA OVIEDO RIVERO 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.
MARIA ANTONIA OVIEDO RIVERO does not assume any responsibility for the 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 MARIA ANTONIA OVIEDO RIVERO and that are linked on this Website.
The User or third party that makes a hyperlink from a web page of another, different, website to the Website of MARIA ANTONIA OVIEDO RIVERO must know that:
The total or partial reproduction of any of the Contents and/or Services of the Website without the express authorization of MARIA ANTONIA OVIEDO RIVERO
Neither is any false, inaccurate or incorrect statement on the MARIA ANTONIA OVIEDO RIVERO Website, nor on its Contents and/or Services, permitted.
Except for the hyperlink, the website on which the hyperlink is established does not will contain no element of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorized by MARIA ANTONIA OVIEDO RIVERO.
The establishment of the hyperlink will not imply the existence of relations between MARIA ANTONIA OVIEDO RIVERO and the owner of the website from which it is made, nor the knowledge and acceptance of MARIA ANTONIA OVIEDO RIVERO of the contents, services and/or activities offered on said site. website, and vice versa.
INTELLECTUAL AND INDUSTRIAL PROPERTY
MARIA ANTONIA OVIEDO RIVERO, 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 medium and by any technical means, without the authorization of MARIA ANTONIA OVIEDO RIVERO
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 MARIA ANTONIA OVIEDO RIVERO through the contact information in the GENERAL INFORMATION section. of this Legal Notice and General Conditions of Use.
LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION
MARIA ANTONIA OVIEDO RIVERO reserves the right to file civil or criminal actions that it deems necessary for the improper use of the Website and Contents, or for the breach of these Conditions.
The relationship between the User and MARIA ANTONIA OVIEDO RIVERO will be governed by the regulations in force and applicable in Spanish territory. If any dispute 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.