ESCARAPELA

LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE

www.escarapela-online.com

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, www.escarapela-online.com, (hereinafter, Website) is held by: Roberto Murias Rubio, with NIF: 54061211-X, and whose contact details are:

Dirección: St/ Muelle 1, 2ºC        
03400 Villena
Contact phone: 692412845    
Contact email: info@escarapela-online.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).

Escarapela 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 Escarapela may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.

Access to the Website by the User is free and, as a general rule, it 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.

The user

The access, navigation and use of the Website, as well as the spaces enabled to interact between the Users, and the User and Escarapela, such as comments and/or blogging spaces, confers the condition of User, for which they are accepted. , from the start of 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 they visit the Website.

The Escarapela Website provides a wide variety of information, services and data. The User assumes his responsibility 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 Escarapela without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of third parties or the operation of the Website itself.

• The veracity and legality of the information provided by the User in the forms issued by Escarapela for access to certain Content or Services offered by the Website. In any case, the User will immediately notify Escarapela about any fact that allows the improper use of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or or passwords, in order to proceed to its immediate cancellation.

Escarapela 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, Escarapela 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 the establishment of any type of commercial relationship between Escarapela and the User.

Always in compliance with current legislation, this Escarapela Website is aimed at all people, regardless of their age, who can access and/or browse the pages of the Website.

The Website is mainly aimed at Users residing in Spain. Escarapela does not guarantee that the Website complies with the laws of other countries, either totally or partially. If the User resides or is domiciled in another place and decides to access and/or browse the Website, they will do so at their own risk, they must ensure that such access and browsing complies with the local legislation that is applicable to them, not assuming Escarapela any liability that may arise from such access.

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

Escarapela does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. Escarapela will do everything possible for the proper functioning of the Website, however, it is not responsible 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 Escarapela will be responsible for losses, damages or losses 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 virus.

Escarapela is not responsible for any damages that may be caused to users due to improper use of this Website. In particular, it is not responsible in any way for falls, interruptions, lack or defect of telecommunications that may occur.

IV. PRIVACY POLICY AND DATA PROTECTION

Respecting the provisions of current legislation, Escarapela 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. 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 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 the treatment of personal data collected in Escarapela is: Roberto Murias Rubio, with NIF: 54061211-X (hereinafter, also Responsible for treatment). Their contact details are as follows:

Dirección:          _cc781905-5cde- 3194-bb3b-136bad5cf58d_
15 Gabriel Miró St.
San Vicente del Raspeig         
03690 San Vicente Del Raspeig      _cc781905-5cde-bb5d15-3b5bad-3c15-3b5ba8-3c15-3b5bad_
Contact phone: 692412845    
Contact email: info@escarapela-online.com

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 Escarapela through the extended forms on its pages will be incorporated and will be treated in our files in order to facilitate, speed up and fulfill the commitments established between Escarapela 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.

• 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 retention period: 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.

• 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 treated in Escarapela 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. Escarapela 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.

On 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 Website, they will be informed if the completion of any of them is mandatory. because they are essential for the proper development of the operation performed.

Purposes of the treatment to which the personal data is destined

Personal data is collected and managed by Escarapela in order to be able to facilitate, expedite 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 consultation.

Likewise, the data may be used for a commercial personalization, operational and statistical purpose, and activities of Escarapela's corporate purpose, 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.

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: ________, 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:

________

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 Escarapela. 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

Escarapela 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 prevent accidental or unlawful destruction, loss or alteration. of personal data transmitted, 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 securely and confidentially, as the transmission of data between the server and the User, and in feedback, is fully encrypted or encrypted. .

However, because Escarapela 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 of the security of personal data that is likely to pose a high risk to the rights and freedoms of natural persons. Following the provisions of article 4 of the RGPD, a breach of the security of personal data is understood to be any breach of security that causes the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored 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. information.

Rights derived from the processing of personal data

The User has Escarapela 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 Escarapela is treating their personal data and, if so, to obtain information about their specific personal data and the treatment that Escarapela 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 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, 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 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 Escarapela.

• 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-www.escarapela-online.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.

• 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:

Dirección postal:          _cc781905-5cde -3194-bb3b-136bad5cf58d_
15 Gabriel Miró St.
San Vicente del Raspeig         
03690 San Vicente Del Raspeig      _cc781905-5cde-bb5d15-3b5bad-3c15-3b5ba8-3c15-3b5bad_
Email: info@escarapela-online.com

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 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.

Escarapela 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 not be explicitly notified to the User. The User is recommended to consult this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated on June 23, 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 the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD)

V. 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 —in 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.

Cookies are automatic procedures for collecting information regarding the preferences determined by the User during his visit to the Website in order to recognize him as a User, and personalize his experience and use of the Website, and can also, for example, help to identify and resolve errors.

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 Escarapela 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

Escarapela 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?ref=ig

Youtube: https://policies.google.com/privacy?hl=es-419&gl=mx

Google+: https://policies.google.com/technologies/cookies?hl=es

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

LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies

Disable, reject and delete cookies

The User can disable, reject and delete the cookies -totally or partially- installed on their device through the configuration of their browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this sense, the procedures for rejecting and deleting cookies may differ from one 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 —totally or partially— you may continue to use the Website, although the use of some of its features may be limited.

Changes in the Cookies Policy

It is possible that the Cookies Policy of the Website changes or is updated, therefore it is recommended that the User review this policy each time they access the Website in order to be properly informed about how and why we use cookies.

SAW. LINKS POLICY

The User or third party that makes a hyperlink from a web page of another, different, website to the Escarapela 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 Escarapela.

Neither is any false, inaccurate or incorrect statement on the Escarapela Website, nor on 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 Escarapela.

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

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

Escarapela by itself 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 Escarapela.

The User agrees to respect the intellectual and industrial property rights of Escarapela. You can view the elements of the Website or even print, copy and store them on your computer's hard drive or on any other physical medium as long as it is exclusively for your personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was installed on the Website.

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 Escarapela through the contact information in the GENERAL INFORMATION section of this Notice. Legal and General Conditions of Use.

VII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

Escarapela reserves the right to present 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 Escarapela 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.

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