In order to comply with Article 10 of Law 34/2002 for Information Society and Electronic Commerce Services, we shall inform the Users of the following data:
Company Name: APORTA16
Company Address: Abeurador 31, 17256 Pals, (Girona)
Tax Identification Number: 40313179K
1.- Purpose of the Contract
(hereinafter the Provider),as a responsible entity for the website, provides this document to the Users, which regulates the use of the website www.aporta16.com, by which we intend to comply with the obligations set forth in the Law 34/2002 for Information Society and Electronic Commerce Services (LSSICE or LSSI), as well as informing all Users about the conditions of use of the website.
Through the Web, APORTA16
provides users with access to and use of different services and content made available through the web.
Any person accessing this website assumes the role of User (hereinafter, the User), which consequently implies full and unreserved acceptance of each and every one of the provisions included in this legal notice, as well as any other legal provisions that are of application.
As a User, you have to carefully read this Legal Notice for all and any of the occasions that you access the web, as there may be modifications ,being that the provider reserves the right to modify any type of information that may appear on the web without having to pre-warn or to inform users of these obligations, being only enough the mere publication on the website of the Provider.
2. CONDITIONS OF ACCESS I USE OF THE WEB.
2.1. Free access and use of the web.
The provision of services by APORTA16
is free for all Users. However, some of the services rendered by the provider through the Web are subject to payment of a specific price through the general contract of conditions.
2.2. User registration.
In general, the rendering of the Services does not require prior subscription or registration of Users. Even so, APORTA16
conditions the use of some of the services only if the User has previously filled out the corresponding User registration form. Such registration shall be completed in the manner that is expressly indicated in the service section itself.
2.3. Accuracy and truthfulness of the information
All the information provided by the User must be accurate and truthful. For these purposes, the User guarantees the authenticity of the data provided through the forms for the subscription of the Services. The User is responsible to keep all the information provided to APORTA16
permanently updated in a way that it reflects, at all times, their actual situation. In any case, the User will be solely responsible for false or inaccurate statements provided by them, as well as for the damages that may be caused to the provider or third parties as a consequence.
For the use of the services, minors must always obtain previous consent of their parents, guardians or legal representatives, who are ultimately responsible for all acts performed by such minors under their care. They are also responsible for determining the specific contents to which minors access, that is, in the event a minor access unsuitable content via the Internet, they will have to establish mechanisms in their computers, in particular computer programs, filters and blocks, which are intended to limit the available contents and, in spite that they are not infallible, they are of special utility to control and to restrict the materials to which minors can be exposed.
2.5. Obligation to make a correct use of the Web.
The User agrees to use the Website in compliance with the Law and this Legal Notice, as well as in accordance to morality and good customs. For this purpose, the User shall refrain from using the page for purposes that are unlawful or prohibited, and / or injurious to the rights and interests of third parties, and / or that in any way may damage, disable, overburden, deteriorate or prevent the normal use of computer equipment or documents, files and all kinds of content stored on any computer equipment of the provider.
As a particular indication but not limited thereto, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any kind of material that:
(a) is contrary, despises or attempts against fundamental rights and public liberties that are recognized by the Spanish Constitution, international treaties and other current applicable law;
(b) induces, incites or promotes actions that are criminal, degrading, defamatory, violent or, in general, contrary to law, morals and public order;
(c) induce,inciteor promotediscriminatory actions,attitudes or thoughts basedon sex, race, religion, beliefs, age or condition;
(d) is contrary to the rights relating to honor, personal or family privacy or to the person's own image;
(e) in any way prejudices the credibility of the provider or of third parties; and
(f) constitutes illicit, deceptive or disloyal advertising.
3.- EXCLUSION OF GUARANTEES AND LIABILITY
The Provider is exempt from any and all liabilities arising from the information published on our website, provided that this information has been manipulated or introduced by a third party.
This website has been revised and tested to work properly. In principle, its correct operation can be guaranteed 365 days a year, 24 hours a day. However, the Provider does not rule out the possibility that there may be certain programming errors, or that there are causes of force majeure, natural disasters, strikes, or similar circumstances that could make it impossible to access the website.
does not grant any guarantee and is not liable, in any case, for any and all damages of any kind that may arise from the lack of availability, maintenance and effective operation of the website or its services and contents; of the existence of viruses, malicious programs or harmful contents; of the illicit, negligent, fraudulent use or contrary to this Legal Notice and conditions of use; or the lack of legality, quality, reliability, usefulness and availability of the services provided by third parties and motions available to users on the website.
The provider is not liable under any circumstances for any and all damages that may arise from the illegal or improper use of this website.
Under no circumstances the cookies will be used to collect personal information.
For more information, see our Cookies Policy
From the website, you may be redirected to third-party content. Since it is not always possible to control the content entered by third parties, APORTA16
does not assume any liability regarding these contents. In any case, the Providerstatesto undertake theimmediatewithdrawal of anycontent that may contravenenational or international laws, morality or public order, also proceeding to the immediate withdrawal of the redirection to these websites, as well as informing the competent authorities of the content in question.
The Provider is not responsible for the information and stored content that may be included but not limited to forums, chats, blog generators, comments, social networks or any other means that allow third parties to independently publish content of the website of the provider. However, and incompliance with theprovisions of art. 11 and 16 of the LSSICE (Information Society and Electronic Commerce Law in Spain), the Provider undertakes to be available for all users, authorities and security forces, as to actively collaborate in the withdrawal or, when necessary, the blocking of all content that may affect or contravene the national, or international laws, rights of third parties or for the purposes of morality and public order. In the event that the user considers that there may be some content that could be susceptible to this classification, they shall notify the administrator of the website immediately.
6.- PERSONAL DATA PROTECTION
7. SOCIAL NETWORKS
We inform you that APORTA16
may be present in social networks. The processing of the data that the users include in social networks [by becoming followers of the provider in the social networks (and / or realizing any link or connection action through these)] will be governed by this section, as well as by the conditions of use, privacy policies and regulations for access and use of the social networks in question and are previously accepted by the user.
will process your data in order to inform you of the activities, products or services of the provider through these social networks, as well as for any other purpose that the Social Networks regulations allow, but will not be responsible for their Privacy Policies.
The following content publications are prohibited:
- Whereas they are unlawful by national, community or international regulations or that they carry out activities that are allegedly unlawful or contravene the principles of good faith.
- Whereas they threaten the fundamental rights of people, lack of courtesy in the network, annoy or may generate negative opinions on our users or third parties and in general whatever the content that APORTA16
- And in general, whereas they contravene the principles of legality, honesty, responsibility, protection of human dignity,protection of minors, protectionofpublicorder, protectionofprivacy, consumerprotection and intellectual and industrial property rights.
reserves the right to remove, without prior notice from the website or the corporate social network, those contents that are deemed inappropriate.
8.- INTELLECTUAL AND INDUSTRIAL PROPERTY
The website, including but not limited to the programming, editing, compilation and other elements necessary for its operation, the designs, logos, texts, photographs and / or graphics are all property of the Provider or, if necessary, its use is based upon a license agreement or express authorization from behalf of the owner(s). All the contents of the website are duly protected by the rules of intellectual and industrial property.
Regardless of the purpose for which they were intended, the total or partial reproduction, use, distribution and public communication require prior written authorization from theProvider. Any use that is notpreviously authorized by the Provider will be considered a serious breach of the intellectual or industrial property rights of the owner(s).
The designs, logos, texts and / or graphics that are unrelated to the provider and that may appear on the website, are property of their respective owners, being themselves responsible for any possible dispute that may occur in their regard. In any case, the Provider has express and prior authorization from such owners.
The Provider acknowledges, in favor of the owners, their corresponding industrial and intellectual property rights, by which their mentioning or appearance on the website, does not imply the existence of any rights or any liability of the Provider on them, as well as endorsement, sponsorship or recommendation by the same.
To make any kind of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, you may communicate with the Provider through the contact email above.
9.- APPLICABLE LAW AND JURISDICTION
For the resolution of disputes or issues related to this website or the activities that are developed therein, they shall be governed by the laws applicable in Spain, to which the parties expressly submit, being the Courts of Girona
as the competent entities that shall resolve all disputes that derive or are related to the use performed by such parties.
Company Name: APORTA16
(also the Provider)
Abeurador 31, 17256 Pals, (Girona)
, as the Data Processor for the Website, in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of this data and other current regulations on the protection of personal data, and by Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSICE), informs you that we have implemented the measures of necessary security, of technical and organizational nature, to guarantee and protect the confidentiality, integrity and availability of all entered data.
PURPOSE OF PERSONAL DATA PROCESSING
Your personal data will only be used for the following purposes:
- To carry out the necessary commercial and administrative procedures with Web Users;
- To send commercial advertising by email, fax, SMS, MMS, social communities, or any other electronic or physical means, prior express consent by the user to receiving this form of communications electronically by subscribing to the NEWSLETTER;
- To respond to queries and/or provide information requested by the User;
- To carry out the provision of services and/or products contracted or subscribed to by the User
- To use your data to contact you, both electronically and non-electronically, to obtain your opinion about the service provided and,
- Analysis of profiles and usability will be carried out.
- Client and/or suppliers data will be processed, within the contractual relationship that links them with the person in charge, in compliance with the administrative, fiscal, accounting, and working obligations that are necessary under the current legislation.
You can revoke your consent at any time by sending a letter with the subject "UNSUBSCRIBE" to email@example.com.
In accordance with LSSICE, APORTA16
does not partake in SPAM practices, therefore, it does not send commercial emails that have not been previously requested or authorized by the User. Consequently, in all the communications that you will receive from the provider, the User has the possibility of canceling his or her express consent to receive our communications.
We will not use your personal data for any other purpose than those described except by legal obligation or judicial requirements.
STORAGE OF YOUR PERSONAL DATA
Your data will be kept for the duration of the commercial relationship with us or until you exercise your right to cancellation or opposition, or limitation to processing. However, we will keep certain personal identification and traffic data for a maximum period of 2 years in case it is required by the Judges and Courts or to initiate internal actions derived from the improper use of the website.
It will not be subject to decisions based on automated processings that produce effects on your data.
LAWFULNESS OF PERSONAL DATA PROCESSING
The legal basis for data processing is your consent granted to carry out the purposes described above, which will be requested at the time by marking the corresponding box when collecting your data.
Failure to provide the personal data requested or failure to accept this data protection policy means that it is impossible to subscribe, register, or receive information about the Provider's products and services.
In cases where there is a prior contractual relationship between the parties, the legitimacy for the development of administrative, tax, accounting, and labor obligations that are necessary under current legislation will be the prior existence of the commercial relationship established between the parties.
Any communication sent will be incorporated into the Information Systems of APORTA16
By accepting these conditions, terms, and policies, the User expressly consents to APORTA16
carrying out the following activities and/or actions, unless the User indicates otherwise:
• The sending of commercial and/or promotional communications by any means enabled informing the Users of the activities, services, promotions, advertising, news, offers, and other information about the services and products related to the activity.
• In the event that the User has expressly consented to the sending of commercial communications electronically by subscribing the NEWSLETTER, the sending of such communications by electronic means informing the Users of the activities, services, promotions, advertising, news, offers, and other information about the services and products of APORTA16
equal or similar to those that were originally the aim of the contract or interest by the User.
• The storage of personal data during the periods provided in the applicable provisions.
OFFICIAL MEANS OF COMMUNICATION
The User is informed that the means enabled by the company to communicate with customers and others affected are the corporate phone, corporate mobile phones, and corporate email.
If you send personal information through a means of communication other than those indicated in this section, the PROVIDER will be exempt from liability in relation to the security measures available regarding the medium in question.
ASSIGNMENTS OR TRANSFERS RECIPIENTS
does not carry out any data transfer or communication unless there is a reasonable need to comply with a legal procedure, legal obligation, or prior to obtaining the User's consent.
International transfers of your personal data will not be made without your prior consent, without prejudice to blocking or canceling any account in evidence of a criminal offence undertaken by the User. The information provided will only be available to the provider at this time.
will not transfer the data collected to third parties unless there is a reasonable need to comply with a legal procedure, legal obligation, or prior obtaining the User's consent.
The information that you provide us both through this website and through the application will be hosted on the servers of APORTA16
. The data processing of said entity is regulated by a contract regarding the processing between the provider and said company. In no case will this data processor subcontract services that involve any data processing by third parties without our prior consent.
RIGHTS OF CONCERNED INDIVIDUALS
As a concerned User, you can request to exercise the following rights before APORTA16
by submitting a letter to the postal address located in the letterhead or by sending an email to firstname.lastname@example.org indicating as Subject: "Data Protection - RIGHTS OF CONCERNED INDIVIDUALS", and attaching a photocopy of your National Identity Document (DNI) or any analogous document, as indicated by law.
• Access rights:
allows the interested party to acknowledge and obtain information about their personal data submitted to processing.
• Right to rectification or deletion:
it allows to correct errors and modify the data that proves to be inaccurate or incomplete.
• Right to cancellation:
allows data that turns out to be inadequate or excessive to be deleted.
• Right to opposition:
the right of the interested party to not carry out the processing of their personal data or to cease it.
• Limitation of personal data processing:
involves the marking of personal kept data, with the purpose of limiting its’ future processing.
• Portability of the data:
facilitation of the data subject to processing to the interested party, so that he or she can transmit it to another person in charge, without impediments.
• The right not to be subject to automated individual decisions (including the elaboration of profiles):
the right not to be the subject of a decision based on automated processings that produces effects or significantly affects the User.
As a User, you have the right to withdraw consent given at any time. The withdrawal of consent will not affect the lawfulness of the process carried out before the withdrawal of consent.
You also have the right to submit a claim to the supervisory authority if you believe that your rights may have been violated in relation to the protection of your personal data (agpd.es).
INFORMATION WE COLLECT:
The data collected by the responsible party is the following:
- Those that Users provide through the different services offered on the website
- Those included in the different forms provided on the website
- Data collected through "cookies" for browsing experience improvement as reported in the cookies policy.
The refusal to supply the obligatory data will result in the impossibility to minister to the particular request in question. You state that the information and data you provide us are accurate, current and true. We ask that in case of modification, communicate such changes immediately so that the information under process is updated at all times and does not contain errors.
If you contract the service/purchase the product through our website [LSSI_Web] we will ask you to provide us with information about you, including your name, contact information, and information about a credit or debit card.
, including those of minors, of which, in order to obtain these, prior consent of the parent, tutors, or legal representatives has been obtained by signing the forms made for that purpose by the centers in which matters regarding minors are regulated. However, the parents, guardians, or representatives of minors, as holders of the exercise of rights of these, and always by previous formal requirement in writing, may indicate the refusal to use the image of the minor; in this case, the image will be shown pixelated.
We inform you that APORTA16
may have a presence on social networks. The processing of data that is carried out concerning the people who become followers on social networks (and/or carry out any link or connection action through social networks) of the official pages of APORTA16
will be governed by this section, as well as those conditions of use, privacy policies, and access regulations that belong to the social network that is appropriate in each case and previously accepted by the User.
will process your data with the purpose of correctly managing your presence on social networks, informing you of the provider's activities, products, or services, as well as for any other purpose that the regulations of the social networks allow.
The publication of the following content is prohibited:
- That are presumably unlawful by national, community, or international regulations or that they carry out activities that are presumably unlawful or contravene the principles of good faith.
- That threaten the fundamental rights of people, lack courtesy in the network, annoy or may generate negative opinions to our Users or third parties and in general whatever the content that APORTA16
- In general that contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection, and intellectual and industrial property rights.
reserves the right to remove, without notice from the website or the corporate social network, those contents deemed inappropriate.
Communications sent through social networks will be incorporated into a file owned by APORTA16
, and may send you information of interest.
You can access more information, as well as consult the companies that are part of APORTA16
, through the following link: www.empresa.com/politicadeprivacidad.
In any case, if you send personal information through the social network, APORTA16
will be exempt from liability in relation to the security measures applicable to this platform, which is the Users’ responsibility to know, by checking the corresponding conditions particular to the network in question.
The information you provide will be processed confidentially. The Provider has adopted all the technical and organizational measures and all the levels of protection necessary to guarantee the security in the processing of the data and to avoid its alteration, loss, theft, processing or unauthorized access, according to the state of technology and nature of the stored data. Likewise, it is also guaranteed that the processing and registration in files, programs, systems or equipment, premises and centers comply with the requirements and conditions of integrity and security established in the current regulations.
SUBMITTING OF CV (Curriculum Vitae)
In the event that the User submits his or her CV through our website, we inform him or her that the information provided will be processed to make him or her participant in the selection processes that may exist, carrying out an analysis of the applicant's profile in order to select the best candidate for the vacancy of the Company (Provider). We inform you that this is the only official procedure to accept your CV, so CVs submitted by another procedure will not be accepted. In case of any change in the data provided, please inform us in writing as soon as possible, in order to keep your data properly updated.
The data will be kept for a maximum period of one year, after which the data will be deleted guaranteeing a total respect to confidentiality both in the processing and in its subsequent destruction. In this sense, after the aforementioned deadline, and if you wish to continue participating in the selection processes of the Company (Provider), please re-submit your CV.
The data may be processed and/or communicated to the member companies of our group during the time of conservation of their curriculum and for the same purposes previously reported.
In the event that the User subscribes to the blog, we inform you that the information provided will be processed to manage your subscription to the information blog with update notices and that it will be kept as long as there is a mutual interest to maintain until the end of the agreement. When it is no longer necessary for this purpose, it will be eliminated with adequate security measures to guarantee the pseudonymization of the data or the total destruction of the same. The data will not be communicated to third parties, except within the frame of legal obligations.
PUBLICATION OF YOUR TESTIMONIAL
In the event that the User wants to publish their testimonial on the web, we inform you that the information provided will be processed to address the proposed suggestions, experiences, or opinions regarding the products and/or services to be published on the website and thus be able to help other Users. The data will be kept as long as there is a mutual interest to maintain the end of the agreement and when it is no longer necessary for this purpose, it will be deleted with adequate security measures to guarantee the pseudonymization of the data or total destruction of the data. The testimonials will be published on our website. The only personal data that will be published about the testimonial will be the names.
reserves the right to modify this policy to adapt it to new legislation or jurisprudence dispositions (case law).
For all purposes, the relationship between APORTA16
and the Users of its telematic services, present on this Website, are subject to the Spanish legislation and jurisdiction to which the parties expressly submit, being competent for the resolution of all conflicts arising or related to their use the Courts and Tribunals of Girona.
(also the provider) and the reason for its use. Likewise, this informs you that by browsing the Website you are giving your consent to use them.
WHAT ARE COOKIES?
A cookie is a file that is downloaded to your computer when you access certain web pages. Cookies allow a web page, among other things, to store and retrieve information about the browsing habits of a user or their equipment and, depending on the information they contain and the way they use their equipment, they can be used to remember a user. Cookies are only associated with an anonymous user and their computer or device and do not provide references that allow accessing their personal data.
COOKIES AFFECTED BY REGULATIONS AND EXEMPT COOKIES
In accordance to EU directive, cookies that require informed consent by the user are analytical cookies and advertising and affiliation cookies, except those of a technical nature and those necessary for the operation of the website or the provision of services expressly demanded by the user.
TYPES OF COOKIES
a) Depending on the entity that manages them, there are innate Cookies (those that are sent to the user's terminal equipment from a computer or domain managed by the publisher itself and from which the service requested by the user is provided) and from third parties (those that are sent to the user's terminal equipment from a computer or domain that is not managed by the editor, but by another entity that processes the data obtained through cookies).
b) Depending on the time they remain active, there are session cookies (designed to collect and store data while the user accesses a web page) and persistent cookies (in which the data is stored in the terminal and can be accessed and processed during a period defined by the person in charge of cookies (lasting from a few minutes to several years).
c) Depending on the purpose for which they manage the information they collect, they can be:
- Technical cookies
(necessary for the use of the website and the provisions of the contracted service)
- Personalization cookies
(that allows the User to access the service with predefined features, such as language, browser type, regional configuration, etc.)
- Analysis cookies
(information collected on the use made carried out through the website)
- Advertising cookies
(they collect information about preferences and personal choices of Users)
- Affiliate cookies
(they allow to track visits incomming from other websites, with which the website establishes an affiliation contract)
TYPES OF COOKIES USED BY THIS WEBSITE
The cookies used on our website are session and third-party cookies, and allow us to store and access information related to the language, the type of browser used, and other general characteristics predefined by the User, as well as tracking and analyzing the activity carried out to improve and provide our services in a more efficient and personalized way. The cookies used have, in any case, a temporary nature, with the sole purpose of making browsing more efficient. In no case do these cookies provide by themselves personal data and are not used for the collection of aforementioned data.
- facilitating user navigation and access to the different services offered by this website
- avoids users having to configure the predefined general characteristics each time they access the website.
- granting improvements of the functions and of the services provided through this website, resulting from the corresponding analysis of the information obtained through the installed cookies
When accessing our website you are informed that if you continue browsing, several third-party cookies will be installed, thus allowing the installation of certain cookies that will have the sole purpose of registering access to our website for the compilation of anonymous statistics about visits, always collecting information anonymously. It is not mandatory to accept the installation of these cookies; you can browse through our website regardless.
In various sections of our website you can install social network cookies, specifically the following:
• Facebook cookies, according to the provisions of its cookies policy.
• Google+ cookies and Google Maps cookies, according to the provisions on their page about what kind of cookies they use.
At any time you can access the configuration of your browser regulating the acceptance or rejection of all cookies, or only select those which installation is admitted, following one of the following procedures, which depends on the browser you use:
(in the Tools Menu):
Settings> Show advanced options> Privacy (Content settings)> Cookies: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktopandhl=es
Microsoft Internet Explorer
(in the Tools Menu):
Internet Options> Privacy> Advanced: https://support.microsoft.com/es-es/help/17442/windows-internet-explorer-delete-manage-cookies
Options> Privacy> Cookies: https://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-sitios-web-rastrear-preferencias
Safari, iPad y iPhone:
Preferences> Privacy: https://support.apple.com/kb/ph21411?locale=es_ES
Settings> Options> Advanced> Cookies: http://help.opera.com/Linux/10.60/es-ES/cookies.html
These browsers are subject to updates or modifications, so we can't guarantee that they comply fully with your browser version. It may also be that you use another browser not included in these links such as Konqueror, Arora, Flock, etc. To avoid these mismatches, you can access the Cookies configuration directly from the options of your browser, usually in the "Options" menu in the "Privacy" section. (Please see the help of your browser for more information).
DESACTIVATION / ACTIVATION AND ELIMINATION OF COOKIES
The restriction or blockage of cookies, is usually modified through the browser settings. If you do not want websites to place any cookies on your computer, you can adapt your browser settings so that you are notified before any cookies are placed. Similarly, you can adapt the configuration so that the browser rejects either all cookies or only third-party cookies. You can also delete any of the cookies that are already on the computer. Keep in mind that you will have to adapt the configuration of each browser and equipment you use separately.
Please note that if you choose not to receive cookies, we can no longer guarantee that our website will work properly. Some site features may be lost and you may no longer be able to see certain websites. Also, rejecting cookies does not mean that you are not going to see advertisements. The ads will simply not fit your interests and will be repeated more frequently.
Each browser has a different method to adapt cookies configurations. If necessary, consult the browser's help function to establish the correct settings.
To disable cookies on your mobile phone, check the device manual for more information.
You can get more information about cookies on the following Internet website: http://www.aboutcookies.org/
Taking into account the way in which the Internet and websites work, we do not always have information on the cookies placed by third parties through our website. This especially applies to cases in which our website contains what are commonly called integrated elements: texts, documents, images or short films that are stored elsewhere, but are displayed on our website or through it.
Therefore, if you encounter this type of cookies on this website and which are not listed in the above list, please inform us. Or contact the third party directly to request information about the cookies they may place, the purpose and duration of the cookie, and how your privacy has been guaranteed.