LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE
l. GENERAL INFORMATION
In compliance with the duty of information established in Spanish Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information about this website are provided below:
The ownership of this website, www.gironajardineria.com (hereinafter, the Website) is shown: JARDINERIA GIRONA, SLU, with NIF: B17656315 and registered in: Mercantile Registry of Girona with the following registration information: Volume 1621, Folio 7, Section 8, Sheet GI27304, Registration 5º, whose representative is: Carles Roca, and whose contact information is:
Address: C / Pere Compte 11, Bajos, 17005 Girona
II. TERMS AND CONDITIONS OF GENERAL 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, it will be understood as a Website: the external appearance of the display interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated both in the display interfaces and in the navigation tree (hereinafter, Contents) and all those online services or resources that, if applicable, offer the Users (hereinafter, Services). JARDINERIA GIRONA reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and of the Contents and Services that may be incorporated in it. The User acknowledges and accepts that at any time JARDINERIA GIRONA may interrupt, deactivate and / or cancel any of these elements that are integrated into or accessed by the Website. Apart from the cost of connection through the telecommunications network provided by the access provider, and that the user has hired, some of the Content or Services offered by JARDINERIA GIRONA or, as the case may be, third parties through the Website may be found subject to the prior contracting of the Content or Service, in which case it will be clearly specified and / or will be made available to the User the corresponding General or Individual Conditions for which this applies. The use of any of the Contents or Services of the Website may be made through the subscription or prior registration of 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 JARDINERIA GIRONA, such as comments and / or blogging spaces, confers the status of User, which is why They accept, from the beginning of navigation through the Website, all the Conditions set forth herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance according to the case. Given the relevance of the foregoing, it is recommended that the User read them each time they visit the Website. The JARDINERIA GIRONA Web Site provides a great diversity of information, services and data. The User assumes his responsibility to make a correct use of the Website. This responsibility shall extend to: A use of the information, Content and / or Services and data offered by JARDINERIA GIRONA 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 same operation of the Website. The veracity and legality of the information provided by the User in the forms extended by JARDINERIA GIRONA for access to certain Contents or Services offered by the Website. In any case, the User will notify JARDINERIA GIRONA immediately of any event that allows the misuse of the information recorded in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and / or passwords, in order to proceed to its immediate cancellation. JARDINERIA GIRONA 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 attack youth or childhood, order or public security or which, in his opinion, would not be suitable for publication.
In any case, JARDINERIA GIRONA will not be responsible for the opinions expressed by the Users through comments or other blogging or participation tools that may exist. The mere access to this Website does not imply any kind of commercial relationship between JARDINERIA GIRONA and the User. The User declares that they are of legal age and have sufficient legal capacity to be bound by these Conditions. Therefore, this website of JARDINERIA GIRONA is not aimed at minors. JARDINERIA GIRONA declines any responsibility for non-compliance with this requirement. The Website is mainly aimed at Users residing in Spain. JARDINERIA GIRONA does not guarantee that the Website complies with legislation of other countries, whether in whole or in part. If the User resides or has their domicile in another place and decides to access and / or browse the Website, they shall do so under their own responsibility, they must make sure that such access and navigation complies with the applicable local legislation, not assuming JARDINERIA GIRONA, liability that can be derived from said access.
III. ACCESS AND NAVIGATION IN THE WEBSITE: RESPONSIBILITY AND EXCLUSION OF GARANTEES
JARDINERIA GIRONA does not guarantee the continuity, availability and usefulness of the Website, nor of the Content or Services. JARDINERIA GIRONA will do everything possible for the proper functioning of the Website, however, it is not responsible nor guarantees that access to this Website will not be uninterrupted or that it is error-free. Nor is it responsible or guarantee that the content or software that can be accessed through this Website, is free of error or causes damage to the computer system (software and hardware) of the User. In no case will JARDINERIA GIRONA be liable for any loss, damage or loss of any kind arising from the access, navigation and use of the Website, including but not limited to those caused by the computer systems or those caused by the introduction of viruses JARDINERIA GIRONA 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 the falls, interruptions, lack or defect of the telecommunications that could occur.
IV. PRIVACY AND DATA PROTECTION POLICIES
In accordance with what is established in current legislation, JARDINERIA GIRONA (hereinafter, also the Website) undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the collected data.
– Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals regarding the processing of personal data and the free movement of such data (RGPD).
– Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD).
-The 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 responsible for the processing of the personal data
The person responsible for the processing of the personal data collected in JARDINERIA GIRONA is JARDINERIA GIRONA, SLU, provided with NIF-B17656315 and registered in the Mercantile Registry of Girona with the following registration data: Tom 1621, Folio 7, Section 8, Sheet GI27304, Registration 5th, whose representative is Carles Roca (hereafter, Head of treatment). Your contact information is as follows: Address: C / Pere Compte 11, Baixos, 17005 Girona Telephone: 972232723 E-mail: firstname.lastname@example.org
Data Protection Officer (DPD)
The Data Protection Officer (DPD or DPO) is responsible for ensuring compliance with the data protection regulations to which JARDINERIA GIRONA is subject. The User may contact the DPD designated by the Responsible for the treatment using the following contact information: email@example.com; 972232723. Registry of Personal Data The personal data collected by JARDINERIA GIRONA, by means of the forms extended in its pages, will be introduced in an automated file under the responsibility of the Person in charge of the treatment, and duly declared and registered in the General Registry of the Agency of Protection of Data that you can check on the website of the Spanish Data Protection Agency (http://www.agpd.es), in order to facilitate, speed up and fulfill the commitments established between JARDINERIA GIRONA and the User or to keep the relation that is established in the forms that this fills it, or to attend a request or consultation of this one. Principles applicable to the processing of personal data The processing of the personal data of the User will be subject to the following principles included in article 5 of the RGPD: -Principle of legality, loyalty and transparency: the consent of the User will be required at all times with completely transparent information of the purposes for which the personal data are collected. – Principles of limitation of the purpose: personal data will be collected for specific, explicit and legitimate purposes. -Principle of data minimization: the personal data collected will be only the strictly necessary ones in relation to the purposes for which they are dealt with. -Principle of accuracy: personal data must be accurate and always up-to-date. – Principle of limitation of the term of conservation: the personal data will only be maintained so that the identification of the User is allowed during the time necessary for the purposes of its treatment. – Principle of integrity and confidentiality: personal data will be treated in such a way as to guarantee their security and confidentiality. -Principle of proactive responsibility: the person in charge of the treatment will be responsible to ensure that the previous principles are fulfilled.
Personal data categories
The data categories that are dealt with in JARDINERIA GIRONA are both identification data and special categories of personal data within the meaning of article 9 of the RGPD. Special categories of personal data are understood as those that reveal the ethnic or racial origin, political opinions, religious or philosophical convictions, or union affiliation, and the treatment of genetic data, biometric data aimed at identifying the way Univocal to an individual, data related to health or data related to the sexual life or sexual orientation of a natural person. For the treatment of the special categories of personal data, the explicit consent of the User will be necessary in any case for one or more specific purposes. Legal basis for the processing of personal data The legal basis for the processing of personal data is consent. JARDINERIA GIRONA is committed to collecting the express and verifiable consent of the User for the treatment 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 so easy to withdraw consent as you give it. As a general rule, the withdrawal of consent will not condition the use of the Website. In cases where the User should or may provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, they will be informed in case the filling of any of them is compulsory because they are essential for the correct development of the operation carried out.
Purposes of the treatment to which the personal data are intended The personal data are collected and managed by JARDINERIA GIRONA in order to facilitate, speed up and fulfil the commitments established between the Website and the User or the maintenance of the relationship that is established in the forms that it completes or by to attend a request or query. Likewise, the data may be used for commercial purposes of personalization, operation and statistics, and activities related to the corporate purpose of JARDINERIA GIRONA, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as improving the quality, operation and navigation of the Website. When the personal information is obtained, the User will be informed about the purpose or specific purposes of the treatment to which the personal data will be used; that is, of the use or uses that will be given to the collected information. Periods of retention of personal data The personal data will only be retained for the minimum time necessary for the purposes of its treatment and, in any case, only during the following term: 30 years, or until the User requests its suppression. When the personal information is obtained, the User will be informed about the term during which the personal data will be retained or, where this is not possible, the criteria used to determine this term. Recipients of personal data The personal data of the User will be shared with the following recipients or categories of recipients: JARDINERIA GIRONA, SLU with domicile in C / Pere Compte 11, Baixos, 17005 Girona In the event that the Person in charge of the treatment intends to transfer personal data to a third country or international organization, at the moment when personal data is obtained, the User will be informed about the third country or international organization to which it is it intends to transfer the data, as well as the existence or absence of a Commission adjustment decision.
Personal data of minors In compliance with what is established in articles 8 and 13 of the RDLOPD, only those over 14 can consent to the processing of their personal data in a lawful way by JARDINERIA GIRONA. If it is a minor of 14 years, the consent of the parents or guardians for the treatment will be necessary, and this will only be considered lawful insofar as they have authorized it. Secret and security of personal data JARDINERIA GIRONA undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the collected data, in such a way that the security of personal data is guaranteed and the accidental destruction, loss or alteration is avoided or illicit personal data transmitted, preserved or otherwise treated, or unauthorized communication or access to such data. The Website has an SSL (Secure Socket Layer) certificate that ensures that personal data is transmitted securely and confidentially, being the transmission of data between the server and the User, and in feedback, totally encrypted. However, due to the fact that JARDINERIA GIRONA can not guarantee the inexpugnability of the Internet or the total absence of hackers or other actors who fraudulently access personal data, the Responsible for the treatment undertakes to notify the User without undue delay when there is a violation of the security of personal data that is likely to be a high risk to the rights and freedoms of natural persons. Following what is established in article 4 of the RGPD, a violation of the security of personal data is understood to be a violation of the security that results in the destruction, loss or accidental or unlawful alteration of personal data transmitted, preserved or otherwise treated, or unauthorized communication or access to such data. The personal data will be treated as confidential by the Person in charge of the treatment, who undertakes to inform and guarantee by means of a legal or contractual obligation that this confidentiality is respected by his employees, associates, and any person to whom it makes accessible the information.
Rights derived from the processing of personal data The User has over JARDINERIA GIRONA and can therefore exercise the following rights recognized in the RGPD in front of the Responsible for the treatment: – Right of access: It is the right of the User to obtain confirmation of whether JARDINERIA GIRONA is treating or not their personal data and, if so, to obtain information about their personal data and of the treatment that JARDINERIA GIRONA Has performed, as well as, 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 prove to be inaccurate or, taking into account the purposes of the treatment, incomplete. – Right of suppression (“the right to forget”): It is the right of the User, as long as the legislation in force does not establish otherwise, to obtain the abolition 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 he does not have another legal basis; the User is opposed to the treatment and there is no other legitimate reason to continue with it; personal data have been illegally dealt with; personal data must be deleted in compliance with a legal obligation; or personal data have been obtained as a result of a direct offer of services of the information society to a minor of 14 years. In addition to deleting the data, the Responsible for the treatment, taking into account the available technology and the cost of its application, will have to take reasonable measures to inform those responsible who are treating the personal data of the application of the ‘interested in deleting any link to these personal data.
–Right to the limitation of the treatment: It is the right of the User to limit the treatment of his personal data. The User has the right to obtain the limitation of the treatment when it disputes the accuracy of their personal data; the treatment is unlawful; the Person in charge of the treatment no longer needs the personal data, but the User needs them to make claims; and when the User has opposed the treatment. – Right to the portability of the data: In case the treatment is carried out by automated means, the User will have the right to receive from the Person in charge of the processing his personal data in a structured format, commonly used and mechanical reading, and transmit them to another person in charge of the treatment. Whenever technically possible, the Responsible of the treatment will directly transmit the data to this other person in charge. – Right of opposition: It is the right of the User to not carry out the processing of their personal data or the treatment of them by JARDINERIA GIRONA ceases. –Right not to be the object of a decision based solely on the automated treatment, including the development of profiles: It is the right of the User to not be subject to an individualized decision based solely on the automated treatment of Your personal data, including the preparation of profiles, existing unless the current legislation establishes the opposite. Thus, the User may exercise their rights by means of a written communication addressed to the Person in charge of the treatment with the reference “RGPD www.gironajardineria.com”, specifying: – Name, Last Name of the User and copy of the DNI. In cases where the representation is admitted, the identification by the same means of the person that represents the User will be necessary, as well as the document proving the representation. The photocopy of the DNI can be substituted, by any other valid means in right that accredits the identity. – Petition with the specific reasons for the request or information that you want to access. -Domicile for the purpose of notifications. -Data and signature of the applicant. -A document that certifies the petition you make. This request and all the attached documentation can be sent to the following address and / or e-mail: Postal address: C / Pere Compte 11, Baixos, 17005 Girona E-mail: firstname.lastname@example.org
Links to third-party websites The Website may include hyperlinks or links that allow access to websites of third parties other than JARDINERIA GIRONA, and therefore are not operated by JARDINERIA GIRONA. 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 to the controlling authority In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which their personal data are being processed, he shall be entitled to effective judicial protection and to file a complaint with a controlling 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 Agency for Data Protection (http://www.agpd.es).
V. COOKIES POLICY
Own cookies These are cookies that are sent to the computer or device of the User and managed exclusively by JARDINERIA GIRONA for the best operation of the Website. The information collected is used to improve the quality of the Website and its Content and its experience as a User. These cookies allow you to recognize the User as a recurring visitor of the Website and adapt the content to offer content that fits your preferences. Third party cookies They are cookies used and managed by external entities provided to JARDINERIA GIRONA services requested by it to improve the Website and the user’s experience when browsing the Website. The main objectives for which third-party cookies are used are the obtaining of access statistics and analyse navigation information, that is, how the User interacts with the Website. The information you get refers, for example, to the number of pages visited, the language, the site to which the IP address from which the User accesses, the number of Users that access, the frequency and recidivism of visits, time of visit, the browser they use, the operator or type of device from which the visit is performed. This information is used to improve the Website, and detect new needs to offer Users a Content and / or service of the highest quality. In any case, the information is compiled anonymously and website trends are reported without identifying individual users. You can get more information about cookies, information about privacy, or check the description of the type of cookies that are used, its main features, expiration period, etc. in the following link (s): Google Analytics – https://developers.google.com/analytics The entities responsible for the provision of cookies may transfer this information to third parties, as long as they require the law or a third party to process this information for these entities.
Social network cookies
JARDINERIA GIRONA incorporates social networking plugins, which allow access to them from the Website. For this reason, social networking cookies can be stored in the user’s browser. The owners of these social networks have their own data protection and cookies policies, being themselves, in each case, responsible for their own files and their own privacy practices. The User must refer to the same to inform themselves about these cookies and, where appropriate, the processing of their personal data. For information purposes only, the links in which these privacy and / or cookies 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?ref=ig YouTube: https://policies.google.com/privacy?hl=es-419&gl=mx Google+: https://policies.google.com/technologies/cookies?hl=en Pinterest: https://policy.pinterest.com/es/privacy-policy LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies
Changes in the cookie’s policy
VI. LINKS POLICY
The website of JARDINERIA GIRONA is hereby informed or may make available to the Users means of connection (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 installation of these links, directories and search engines in the Website is intended to facilitate Users the search for and access to the information available on the Internet, without it being considered a suggestion, recommendation or invitation to visit them. . JARDINERIA GIRONA does not offer or market the products and / or services available on said linked sites by third parties. Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside of your property that can be accessed through the links. JARDINERIA GIRONA will in no case review or control the content of other websites, nor does it approve, examine or make the products and services, contents, files and any other material existing on the said linked sites. JARDINERIA GIRONA assumes no responsibility for the damages and losses that may arise due to the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by JARDINERIA GIRONA and that are linked to this Website . The User or third party that makes a hyperlink from a web page of another, different, website to the JARDINERIA GIRONA Web Site must know that: Reproduction – totally or partially – of any of the Content and / or Services of the Website is not permitted without express authorization from JARDINERIA GIRONA. No false, inaccurate or incorrect statement is also allowed on the JARDINERIA GIRONA Web Site, or on the Content and / or Services thereof. Except for the hyperlink, the website in which said hyperlink is established will not contain any element of this Website, protected as intellectual property by the Spanish legal system, unless express authorization of JARDINERIA GIRONA. The establishment of the hyperlink will not imply the existence of relations between JARDINERIA GIRONA and the owner of the website from which it is carried out, nor the knowledge and acceptance of JARDINERIA GIRONA of the contents, services and / or activities offered on said website, and vice versa.
VII. INTELLECTUAL AND INDUSTRIAL PROPERTY
JARDINERIA GIRONA itself or as a transferring party, owns all the intellectual and industrial property rights of the Website, as well as the elements contained therein (for example, not exhaustive, images, sound, audio, video, software or texts, brands or logos, combinations of colors, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). Therefore, works protected as intellectual property by the legal system Spanish, being applicable both Spanish and Community regulations in this field, as well as international treaties related to the subject and subscribed by Spain. All rights reserved. In accordance with the provisions of the Intellectual Property Law, reproduction, distribution and public communication, including its modality of making available, of all or part of the contents of this web page, commercial confines, are prohibited in any support and by any technical means, without the authorization of JARDINERIA GIRONA. The User undertakes to respect the intellectual and industrial property rights of JARDINERIA GIRONA. You will be able to visualize the elements of the Website or even print them, copy them and store them on the hard drive of your computer or on any other physical media as long as it is exclusively for 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 the intellectual property, he must immediately communicate it to JARDINERIA GIRONA through the contact information of the section of GENERAL INFORMATION of this Legal Notice and General Conditions of Use.
VIII. LEGAL ACTIONS, APLICABLE LAW AND JURISDICTION
JARDINERIA GIRONA reserves the right to submit the 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 JARDINERIA GIRONA will be governed by the regulations in force and of application in the 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 by submitting to the corresponding judges and courts in accordance with the law. Last modified: 01/23/2019