DATA PROTECTION DISCLAIMER
GENERAL CONDITIONS OF USE
The website www.lapalmaexperience.com (from here on in, the “Website”) is property of ANNALIESE DÍAZ LEÓN (from here on in, “THE COMPANY”), with its address atC/CUESTA ZAPATA,28 38770.-TAZACORTE (SANTA CRUZ DE TENERIFE), and CIF 42188820-N.
THE COMPANY welcomes and invites you to closely read the General Conditions of Use for this Website (from here on in, the “General Conditions of Use”) which describe the terms and conditions applicable to your navigation of the website, in accordance with that established in the Spanish implementing legislation. Given that THE COMPANY could at any point in the future modify these Conditions of Use, we recommend that you revisit them periodically in order to be duly informed of the changes made.
With the intention that the use of the Website complies with criteria of transparency, clarity and simplicity, THE COMPANY informs the User that any suggestion, doubt or enquiry regarding the General Conditions of Use will be received and resolved by contacting THE COMPANY through the email address: firstname.lastname@example.org
THE COMPANY provides the content and the services that are available at the Website, in conformity with the current General Conditions of Use as well as the policy regarding the treatment of personal data (from here on in, the “Data Protection Policy”). Access to this Website or its use in any form assigns to you the qualification of “User” and implies the unreserved acceptance of each and every one of the current General Conditions of Use, allowing THE COMPANY the right to change them at any time. As a result, it is the responsibility of each User to carefully read the General Conditions of Use valid whenever they visit the Website, and if they are not in agreement with any of the conditions here, they should refrain from using the current Website.
Likewise, you are also advised that, on occasion, particular conditions can be established for the use of the Website and its contents and/or specific services, the use of said contents or services implies the acceptance of the particular conditions specified in them.
Through the Website THE COMPANY, offers its Users the possibility to access:
(i) Information regarding the market activity of the company and the services that this offers; as well as the offers or promotions that could be valid at any given time.
(ii) The contact section, a place in which those interested can provide their personal data, along with any issue that they wish to contact us about, with the purpose of getting in contact with the client for the posterior resolution of the issue.
(iii) In the event that the users who make an enquiry, have not previously contacted the Company, they have the possibility of accepting to receive emails with information regarding the activities and provision of services that THE COMPANY offers, in the terms detailed in section 8 of this text.
(iv) Contraction and reservation of the services offered.
(from here on in the “Services”).
3. Privacy and Processing of Data
4. Industrial and Intellectual Property
The User acknowledges and accepts that all content displayed on the Website and in particular, designs, texts, images, logos, icons, buttons, software, commercial names, brand or any other signs susceptible to industrial and/or commercial use are subject to the rights of Intelectual Property and all the brands, commercial names or distinctive signs, all the rights of industrial and intellectual property, regarding the content and/or any other elements included on the page, that are exclusive property of THE COMPANY and/or third parties, who have the exclusive right to use them in economic trade. Therefore, the User commits to not reproduce, copy, distribute, make available or any other form of public communication, transform or modify the aforementioned contents keeping THE COMPANY safe from any claims that could result from an infringement of the aforementioned obligations. In no event does the access to the Website involve any form of renunciation, transmission, licencing or total nor partial transference of these rights, unless expressly stated. The current General Conditions of Use of the Website do not grant to its Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those which are expressly provided here. Any other use or exploitation of any rights will be subject to previous and express authorization specifically granted for such purposes by THE COMPANY or the third party titleholder of the affected rights.
The contents, text, photographs, designs, emblems, images, computer programmes, source codes and, in general, any existing intellectual creation on this website, as well as the site in itself as a whole, as a multimedia artistic site, are protected as copyright by the legislation on intellectual property THE COMPANY is the titleholder of the elements which form the graphic design of the Website, the menus, navigation buttons, the HTML code, text, images, textures, graphics and any other type of content of the Website or, in any event available to the corresponding authorization for the use of said elements. The content available in the Website should not be reproduced partially nor in its entirety, nor transferred, nor registered for any system of information retrieval, in any form nor in any medium, without previous authorization, in writing, from the cited Entity.
Likewise it is prohibited remove, elude and/or manipulate the “copyright” as well as the technical protection devices, or whatever mechanisms of information that could contain contents. The User of this Website commits to respect the rights set forth and to avoid any act that could damage them. At all times, THE COMPANY reserves the right to exercise legal means or action corresponding to the defence of its legitimate laws of intellectual and industrial property.
5. Obligations and Responsibilities of the User of the Website
The user commits to:
a) Make appropriate and legal use of the Website as well its contents and services, in compliance with: (i) the current legislation applicable; (ii) the General Conditions of Use of the Website; (iii) ethical and generally accepted good customs and (iv) public order.
b) Provide themselves with the means and technical requirements necessary to access the Website.
c) Provide truthful information upon filling out the content forms with personal data and keep them up to date at all times so that, at all times, the data is accurate to the current situation of the User. The User will be the only one responsible for false or inaccurate statements that they produce and for the damages caused to THE COMPANY or third parties as a result of the information provided.
Notwithstanding the information established in the previous section the User must refrain from:
a) Make unauthorised or fraudulent use of the Website and/or of the contents with illegal intentions of effects, prohibited in the General Conditions of Use, causing damage to the rights and interests of third parties, or that in any form could damage, disable, overload, deteriorate or impede the normal use of the services or the documents, folders and all class of contents stored in any computer equipment.
b) Access or attempt to access resources or restricted areas of the Website, without fulfilling the required conditions for access to such areas.
c) Cause damage to the physical or logical systems of the Website, to its providers or to third parties.
d) Introduce or spread viruses in the network or any other physical or logical system that have the potential to cause damage to the physical or logical systems of THE COMPANY, its providers or third parties.
e) Attempt to access, use and/or manipulate the data of THE COMPANY, third party providers and other Users.
f) Reproduce or copy, distribute, allow public access through whatever mode of public communication, transform or modify contents, without the authorisation of the titleholder for the corresponding rights or it is legally permitted.
g) Delete, hide or manipulate the acknowledgements regarding the rights of intellectual or industrial property and other data relating to the rights of THE COMPANY or to incorporated third parties regarding the contents, as well as the technical protection devices or any other information mechanisms that can be inserted in the contents.
h) Obtain or attempt to obtain contents using methods or procedures different to those which have been made available to the user, or which have been expressly indicated in the web pages where the contents can be found or, in general, those which are routinely used on the Internet in order to not present a risk of damaging or disabling a website and/or its contents.
i) In particular, the User commits to not transfer, spread or make available to third parties, this list includes but is not limited to the following: information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, and type of material that:
(i) In any way contradicts, undervalues or impinges against the fundamental rights and the civil liberties constitutionally recognised, in the International Treaties and in the rest of valid legislation.
(ii) Induces, incites or promotes criminal, denigratory, defamatory, libellous or violent actions, or in general, actions against the law, generally accepted morals and behaviour, or public order.
(iii)Induces, incites or promotes actions, attitudes or thoughts which are discriminatory on the basis of sex, race, religion, beliefs, age or condition.
(iv) Incorporates, makes available or allows access to products, elements, messages and/or services of a criminal, violent, offensive, dangerous or degrading nature, or, in general, material which is contradictory to the law, unethical and against the generally accepted good practices or public order.
(v) Induces or may induce an unacceptable state of anxiety or fear.
(vi) Induces or incites involvement in practices that may endanger, put at risk, or harm one’s health or mental stability.
(vii)Is protected by the legislation regarding intellectual or industrial protection of material belonging to THE COMPANY or to third parties without the necessary authorisation.
(viii)Is contrary to the rights of honor, of familiar and personal intimacy and of personal image
(ix) Constitutes any form of advertising.
(x) Includes any type of virus or programme that impedes the normal functioning of the Website.
If to access any of the services and/or contents of the Website, the User is provided with a password, they are obliged to use it in a diligent manner, keeping it secret at all times. Consequently, they will be responsible for its adequate safe keeping and confidentiality, commiting to not give it to any third party, temporarily or permanently, nor to allow any outside individuals access to the mentioned services and/or contents. Furthermore, they are obligated to notify THE COMPANY of any incidence that could lead to unlawful use of their password, like, including but not limited to, its theft, misplacement or unauthorised access, with the aim of processing its immediate cancelation. In consequence, in the case that the user does not undertake the latter, THE COMPANY will not be held responsible for any result of the unlawful use of the user’s password, or any illicit use of the contents and/or services of the Website by any illegitimate third party.
If through any negligent or deceitful manner the user violates any of the obligations established in the current General Conditions of Use, they will answer to all the damages and harm that the said violation could cause for THE COMPANY.
THE COMPANY does not guarantee continuous access, or the correct visualization, download or use of the elements and information contained in the pages, that could be impeded, made difficult or interrupted by factors or circumstances which are out of the company’s control.
THE COMPANY will not be held responsible for the decisions that could be made as a consequence of accessing the contents or information offered.
THE COMPANY can interrupt the service or absolve with immediate effect its relationship with the User if it detects that use of the Website or any of the services offered on it is in contradiction to the current General Conditions of Use. THE COMPANY will not be held responsible for damages, harm, losses, claims or costs derived from the use of the Website. It will only be responsible for eliminating, as soon as possible, content that could generate such dangers, so long as they are notified. In particular, they will not be held responsible for the damages that could derive, among which, from:
(i) Interferences, interruptions, faults, omissions, telephone breakdowns, delays, blocks or disconnections in the functioning of the electronic system, motivated by deficiencies, overloads and errors in the telecommunication lines and networks, or by any other cause outside of the control of THE COMPANY.
(ii) Illegitimate interferences through the use of malignant programmes of any type and through any form of communications, such as computer viruses or any others.
(iii) Unlawful or inappropriate abuse of the Website.
(iv) Errors in security or navigation produced by a malfunction of the browser or by out of date versions of the browser. The administrators of THE COMPANY reserve the right to withdraw, totally or partially, any content or information present on the Website.
THE COMPANY does not assume any responsibility for the damages and harm caused to nature which could occur as a result of the misuse of the services at the free availability and use to the Users of the website. Likewise, THE COMPANY is exempt from any responsibility for the content and information which can received as a consequence of the data collection forms, being there solely for the provision of services for doubts and enquiries. On the other hand, in the even of any damage or harm caused by an illicit or incorrect use of such services, THE COMPANY may reclaim any damages or harm caused from the User.
You must defend, compensate and keep THE COMPANY safe from any damages or harm that could derive from reclamations, actions or demands from third parties as a consequence of your access or use of the Website. Likewise, you are obliged to compensate THE COMPANY for any damage or harm, which could derive from the use on your part of “robots”, “spiders”, “crawlers” or similar tools employed with the intention of gathering or extracting data or of any action on your part which imposes an unreasonable load on the functioning of the Website.
The User is obliged to not reproduce in any way, nor through a hyperlink, the Website of THE COMPANY, likewise any of its contents, without the express and written authorisation from THE COMPANY.
The Website of THE COMPANY includes links to other website managed by third parties, with the objective of facilitating the User’s access to information about collaborating and/or sponsor companies. In accordance with it, THE COMPANY will not be held responsible for the contents of said websites, nor is it in a position of guarantor of and/or the party offering the services and/or information that may be offered by third parties through the links to third parties.
The User is granted a limited, revocable, and not exclusive right to create links to the home page of the Website exclusively for private and non-commercial use. The websites which include a link to our Website (i) may not claim THE COMPANY or advocate the Website or its services or products; (ii) may not falsify its relationship with THE COMPANY or claim that THE COMPANY has authorized such link, or include brands, denominations, commercial names, logos or other distinctive signs of THE COMPANY; (iii) may not include content that may be considered of poor taste, obscene, offensive, controversial, which incite violence or discrimination on the part of gender, race or religion, contradictory to public order or illicit; (iv) may not link with any other page of the Website other than the home page; (v) must not link with the address itself of the Website, without allowing that the website that establishes the link reproduces the Website as part of its web or within one if its “frames” or creates a “browser” on any of the pages of the Website. THE COMPANY may request, at any moment, that any link to the Website is removed, after which its removal should be effective immediately. THE COMPANY cannot control the information, content, products or services provided by other websites which have established links with the Website.
In consequence, THE COMPANY does not assume any form of responsibility for any aspect relative to such websites.
8. Data Protection
In order to use any of the Services, the Users must first provide certain data of a personal character. For this, THE COMPANY will automatically handle the Personal Data in compliance with the Law 15/1999 of the 13th December of the Protection of Personal Data and the RD of development 1720/2007.
THE COMPANY guarantees the protection of all personal data that the User provides to the Website and, in compliance with that detailed in the Organic Law 15/1999, of the 13th December of the Protection of Personal Data, in the RD 1720/2007 of 21st December and other applicable standard, informs you that:
a) All personal data provided to THE COMPANY, will be handled in accordance with the Organic Law 15/1999, of the 13th December of the Protection of Personal Data, and the RD 1720/2007 of 21st December and will be incorporated in the file created and maintained under the responsibility of THE COMPANY, which has been duly registered in the Spanish Agency of Data Protection.
b) The data is collected with the following purposes in mind:
(i) Management, study and resolution of enquiries.
(ii) Contracting and Provision of services, as well as account, fiscal and administrative management derived from the contractual relationship.
(iii) Sending of information regarding the activities and provision of services of the company. If you have not established a previous contractual relationship, and you authorize the handling of your personal data with this last purpose, please tick the corresponding box.
c) In the collection and handling of personal data the appropriate security measures have been employed to avoid the loss, unauthorized access or the manipulation of the data, in accordance with that established in the Royal Decree 1720/2007, of the 21st December.
d) THE COMPANY commits to protect the confidential information to which it has access.
e) THE COMPANY will not employ in any event the personal data which you place at its disposition in order to provide services to third parties other than those referenced in section b) of the present document or, where appropriate, to achieve personal profit.
f) Personal data can be provided to organisations and institutions which valid legislation demands, among others, Tax Administration, Banks and Savings Banks and Law Enforcement Agencies. /p>
h) The User can, at any time, exercise their rights to access, rectify, cancel and oppose their personal data as well as revoke their consent to any of the aforementioned purposes, sending to THE COMPANY, an email to the following address email@example.com or a duly signed letter to our postal address, indicated above, providing clearly your contact details, which should be accompanied by a photocopy of your DNI/NIF or other document accrediting their identity.
i) The User authorizes the automatic handling of their personal data provided in the indicated terms. For this click the button “SEND” which can be found after the data entry form.
THE COMPANY reserves the right to use the “cookie” technology in the Website, with the purpose of recognising you as a frequent User and personalising your use of the Website through the pre-selection of your language, or your preferred or specific content.
Cookies are files sent to a browser through a Web server to register the navigation of the User on the Website, when the User allows their reception. In turn, the User can delete the “cookies” consulting the instructions of use from your browser.
Thanks to cookies, it is possible for THE COMPANY to recognise the browser of the computer used by the User with the purpose of facilitating contents and offering the browsing preferences or advertisements to the User, the demographic profiles of the Users as well as to measure the visits and traffic parameters, to control the progress and number of entries.
10. Duration and termination
11. Declarations and Guarantees
In general, the contents and services offered on the Website are of a merely informative character. Therefore, in offering them, THE COMPANY does not provide a guarantee or declaration in relation to the contents and services offered on the Website, including but not limited to, guarantees of lawfulness, reliability, utility, authenticity, accuracy, or commerciality, except to the extent to which by law, these guarantees and declarations cannot be ruled out.
12. Force majeure
THE COMPANY will not be responsible in any case for the impossibility of providing services, if this is due to prolonged interruptions of the electric utility, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions on the part of the Government, and in general all events of force majeure or unforeseeable circumstances.
13. Resolution of disputes. Applicable law and jurisdiction
The present General Conditions of Use, likewise the use of the Website, are governed by Spanish legislations. Any dispute will be resolved before the courts of the city of LOS LLANOS DE ARIDANE., Isla de la Palma, (Santa Cruz de Tenerife), SPAIN.
In the event that any stipulation of the present General Conditions of Use becomes unenforceable or null and void in virtue of the applicable legislation or as a result of a judicial or administrative resolution, such unenforceability of nullity will not mean that the present General Conditions of Use become unenforceable or null as a whole. In such cases, THE COMPANY will proceed to modify or substitute the said stipulation of another, which is valid and enforceable, in so far as possible, achieving the objective and pretence reflective in the original stipulation.