LEGAL NOTICE AND GENERAL CONDITIONS OF USE

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 on this website is provided below : The ownership of this website, www.etceteramallorca.com, (hereinafter, Website) is held by:

Stéphanie Gauthier, with NIF: X1962829D, and whose contact details are: Address: Carrer Serra nº17-B - 07400 Alcudia- Mallorca Contact phone: 0034661572356 Contact email: etceteramallorca@gmail.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 access and use of the Website. For the purposes of these Conditions, the following shall be understood as a Website: 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 online services or resources that may be offered to Users (hereinafter, Services). Etcetera reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated into it. The User acknowledges and accepts that Etcetera can interrupt, deactivate and / or cancel any of these elements that are integrated into the Website or access to them at any time. 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 in order to enjoy it, except for the cost of connection through the telecommunications network provided. by the access provider that the User has contracted. 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 use of any of the Contents or Services of the Website may be made through the subscription or prior registration of the User. The user Access, navigation and use of the Website, as well as by the spaces enabled to interact between Users, and the User and Etcetera, such as comments and / or blogging spaces, confers the status of User, so they are accepted. , from the time the navigation on the Website begins, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations that are mandatory as the case may be. Given the relevance of the above, the User is recommended to read them each time they visit the Website. Etcetera's Website provides a great diversity of information, services and data. The User assumes his responsibility to make a correct use of the Website. This responsibility will extend to:

 .  A use of the information, Contents and / or Services and data offered by Etcetera 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 functioning of the Website.

• The veracity and legality of the information provided by the User in the forms issued by Etcetera for access to certain Content or Services offered by the Website. In any case, the User will immediately notify Etcetera of any fact that allows the improper use of the information registered in said forms, such as, but not only, the theft, loss, or unauthorized access to identifiers and / or or passwords, in order to proceed with its immediate cancellation. Etcetera reserves the right to withdraw all comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or childhood, order or public safety or that, in his opinion, were not suitable for publication. In any case, Etcetera will not be responsible for the opinions expressed by the Users through comments or other blogging or participation tools that may exist. Mere access to this Website does not imply any kind of commercial relationship between Etcetera and the User. Always in compliance with current legislation, this Etcetera Website is aimed at all people, regardless of their age, who can access and / or browse the pages of the Website.

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

Etcetera does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. Etcetera 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 that it is error-free.

Neither is it responsible or guarantees that the content or software that can be accessed through this Website, is free from error or causes damage to the User's computer system (software and hardware). In no case will Etcetera be responsible for losses, damages or losses of any kind that arise from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of virus. Etcetera is also not responsible for any damages that may be caused to users by 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 may occur.

IV. PRIVACY POLICY AND DATA PROTECTION

 

Respecting the provisions of current legislation, Etcetera undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected. Laws that incorporate this privacy policy This privacy policy is adapted to current Spanish and European regulations on the protection of personal data on the internet. Specifically, it respects the following standards:

• El Reglamento (UE) 2016/679 del Parlamento Europeo y del Consejo, de 27 de abril de 2016, relativo a la protección de las personas físicas en lo que respeta el tratamiento de datos personales y la libre circulación de estos datos (RGPD) .

• La Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales (LOPD-GDD). • El Real Decreto 1720/2007, de 21 de diciembre, por el que se aprueba el Reglamento de desarrollo de la Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal (RDLOPD).

• La Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y Comercio Electrónico (LSSI-CE).

Identity of the person responsible for the treatment of personal data The person responsible for the treatment of personal data collected in Etcétera is: Stéphanie Gauthier, with NIF: X1962829D (hereinafter, also Responsible for the treatment). Their contact details are as follows: Address: Carrer Serra nº17-B - 07400 Alcudia- Mallorca Contact phone: 0034661572356 Contact email: etceteramallorca@gmail.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 Etcetera through the forms extended on its pages will be incorporated and will be processed in our files in order to facilitate, expedite and fulfill the commitments established between Etcetera and the User or the maintenance of the relationship established in the forms that it fills out, or to attend to a request or consultation of the same. 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 treatment of the User's personal data will be subject to the following principles set forth in article 5 of the RGPD:

• Principle of legality, loyalty and transparency: the consent of the User will be required at all times after completely transparent information on the purposes for which the personal data is collected.

• Principle of limitation of purpose: personal data will be collected for specific, explicit and legitimate purposes

• Principle of minimization of data: the personal data collected will only be strictly necessary in relation to the purposes for which it is processed. • Principle of accuracy: personal data must be exact and always updated.

• Principle of limitation of the conservation period: personal data will only be kept in such a way that the identification of the User is allowed 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 Etcetera are only identifying data. In no case, special categories of personal data are treated within the meaning of article 9 of the RGPD.

Legal basis for the treatment of personal data The legal basis for the treatment of personal data is consent. Etcetera undertakes to obtain 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 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 when 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 in case the completion of any of them is mandatory. Because they are essential for the proper development of the operation carried out.

Purposes of the treatment to which the personal data is destined Personal data is collected and managed by Etcetera in order 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 fill out or to meet a request. or consult. Likewise, the data may be used for a commercial personalization, operational and statistical purpose, and activities specific to Etcetera'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 for which the personal data will be used; that is, of the use or uses that will be given to the information collected. Retention periods of personal data Personal data will only be retained for the minimum time necessary for the purposes of its treatment and, in any case, only for the following period: 2, 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: google analytics, Google Analytics a website analysis service provided by Google, Inc. ("Google"), a Delaware company, located at 1600 Amphitheater Parkway, Mountain View (California), CA 94043, United States. Google Analytics 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 intention to transfer the data, as well as the existence or absence of an adequacy decision of the Commission.

Secret and security of personal data Etcetera undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to guarantee the security of personal data and avoid accidental or unlawful destruction, loss or alteration. personal data transmitted, preserved 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 in a secure and confidential way, as the data is transmitted between the server and the User, and in feedback, fully encrypted or encrypted .

However, because Etcetera 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 communicate to 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. In accordance with the provisions of article 4 of the RGPD, a violation of the security of personal data is understood to be any violation of security caused by the accidental or unlawful destruction, loss or alteration of personal data transmitted, preserved or otherwise processed, or unauthorized communication or access to such data.

Links to third party websites The Website may include hyperlinks or links that allow access to web pages of third parties other than Etcetera, and therefore are not operated by Etcetera. The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices. Claims before the supervisory authority In the event that the User considers that there is a problem or infringement of the 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 where you have your habitual residence, place of work or place of the alleged offense. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes in this privacy policy It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as that they accept the treatment of their personal data so that the Data Controller can proceed to it in the form, during the terms and for the indicated purposes. The use of the Website will imply the acceptance of its Privacy Policy. Etcetera 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 Agency for Data Protection. 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 April 23, 2020 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 treatment of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD)

 

V. COOKIES POLICY

Cookies that identify a person are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, the use of the same will require the consent of the User. This consent will be communicated, based on an authentic choice, offered by an affirmative and positive decision, before the initial, removable and documented treatment.

Own cookies They are those cookies that are sent to the User's computer or device and managed exclusively by Etcetera for the best operation of the Website. The information that is 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 adapt the content to offer content that meets their preferences.

Third party cookies They are cookies used and managed by external entities that provide Etcetera with services requested by it to improve the Website and the user experience when browsing the Website. The main objectives for which third-party cookies are used are to obtain access statistics and analyze browsing information, that is, how the User interacts with the Website.

You can obtain more information about cookies, information about privacy, or consult the description of the type of cookies used, their main characteristics, expiration period, etc. at the following link (s): Google Analytics, wix.com

The entity (ies) in charge of supplying cookies may transfer this information to third parties, provided that it is required by law or that a third party processes this information for said entities.

Social media cookies

Etcetera incorporates social network plugins, which allow access to them from the Website. For this reason, social network cookies can 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 these cookies and, where appropriate, the treatment of their personal data. Only for information purposes are the links in which these privacy and / or cookie policies can be found below:

Facebook: https://www.facebook.com/policies/cookies/

Instagram: https://help.instagram.com/1896641480634370?ref=ig

Changes in 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 adequately informed about how and why we use cookies.

IV-SAW. LINKS POLICY

It is reported that the Etcetera Website makes or can make available to Users means of linking (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 purpose of installing these links, directories and search engines on the Website is to make it easier for Users to search for and access the information available on the Internet, without considering it as a suggestion, recommendation or invitation to visit them. . The User or third party that makes a hyperlink from a web page of another, different, website to the Etcetera Website must know that: The reproduction - totally or partially - of any of the Contents and / or Services of the Website is not allowed without the express authorization of Etcetera. No false, inaccurate or incorrect statement is allowed on the Etcetera Website, nor on the Contents and / or Services thereof.

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 Etcetera. The establishment of the hyperlink will not imply the existence of relationships between Etcetera and the owner of the website from which it is made, nor the knowledge and acceptance of Etcetera of the content, services and / or activities offered on said website, and vice versa. All rights reserved. Under the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including its method of making available, of all or part of the contents of this website, for commercial purposes, are expressly prohibited. in any medium and by any technical means, without the authorization of Etcetera.

The User agrees to respect the intellectual and industrial property rights of Etcetera. You can view the elements of the website or even print, copy and store them on your computer's hard drive or 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 is installed on the Website. In the event that the User or third party considers that any of the Contents of the Website constitutes a violation of the rights of protection of intellectual property, they must immediately notify Etcétera through the contact information in the GENERAL INFORMATION section of this Notice. Legal and General Conditions of Use.

VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

Etcetera reserves the right to file civil or criminal actions that it deems necessary for the improper use of the Website and Contents, or for the breach of these Conditions. The relationship between the User and Etcetera will be governed by current regulations and applicable in Spanish territory. If any controversy arises in relation to the interpretation and / or application of these Conditions, the parties shall submit their conflicts to the ordinary jurisdiction, submitting themselves to the corresponding judges and courts.