LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE
I. GENERAL INFORMATION
In compliance with the duty of information provided in Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information of this website is provided below:
The ownership of this website, www.ginesdiaz.com, (hereinafter Website) is held by: Gines Manuel Diaz Toledo, with NIF: 78585496-Q, and whose contact details are:
Calle Crujia nº67 – Caleta Del Sebo 35540 Las Palmas
Contact telephone number: —
Contact email: firstname.lastname@example.org
II. GENERAL TERMS AND CONDITIONS OF USE
The object of the conditions: The Website
The purpose of these General Terms and Conditions of Use (hereinafter, Terms) is to regulate access to and use of the Website. For the purposes of these Conditions, the Website shall be understood to mean: the external appearance of the screen interfaces, both statically and dynamically, i.e. 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).
Garage La Santa 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 therein. The User acknowledges and accepts that at any time Garage La Santa may interrupt, deactivate and/or cancel any of these elements that are integrated in the Web Site or the access to them.
The access to the Web Site by the User has free character and, as a general rule, it is free without the User having to provide a consideration to be able to enjoy it, except for the cost of connection through the telecommunications network supplied by the access provider that the User has contracted.
The use of any of the Contents or Services of the Web Site may be made by prior subscription or registration of the User.
The access, navigation and use of the Web Site, confers the condition of User, so that the User accepts, since the beginning of the navigation through the Web Site, all the Conditions established here, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory fulfillment according to the case. Given the relevance of the above, the User is recommended to read them every time you visit the Website.
The Web Site ginesdiaz.com provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
A use of the information, Content and / or Services and data offered by ginesdiaz.com without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of third parties or the same operation of the Website.
The veracity and legality of the information provided by the User in the forms extended by Garage La Santa for the access to certain Contents or Services offered by the Web Site. In any case, the User will notify immediately to ginesdiaz.com about any fact that allows the improper use of the information registered in these forms, such as, but not only, the theft, loss, or unauthorized access to identifiers and / or passwords, in order to proceed to its immediate cancellation.
The mere access to this Website does not imply any commercial relationship between ginesdiaz.com and the User.
Always in compliance with current legislation, this Web Site ginesdiaz.com is addressed to all persons, regardless of age, who can access and / or browse the pages of the Web Site.
III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
ginesdiaz.com does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. ginesdiaz.com will make every effort to ensure the proper functioning of the Website, however, it is not responsible for and does not guarantee that access to this Website will be uninterrupted or error-free.
Neither is responsible or warrants that the content or software that can be accessed through this Web Site, is free of error or cause damage to the computer system (software and hardware) of the User. In no event shall Garage La Santa be liable for any loss or damage of any kind arising 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 viruses.
Ginesdiaz.com is not responsible for any damages that may be caused to users by improper use of this Web Site. In particular, is not responsible in any way for the falls, interruptions, failure or defect of telecommunications that may occur.
Ginesdiaz.com undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
The Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
Royal Decree 1720/2007, of December 21, which approves the Regulation implementing Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE).
Identity of the person responsible for the processing of personal data
The person responsible for the processing of personal data collected in ginesdiaz.com is: Gines Manuel Diaz Toledo, with NIF: 78585496-Q (hereinafter also responsible for the treatment). His contact details are as follows:
Street Crujía n67 – Caleta Del Sebo 35540 Las Palmas
Contact telephone number: —
Contact email: email@example.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 Garage La Santa through the forms on their pages will be incorporated and will be treated in our files in order to facilitate, expedite and fulfill the commitments established between Garage La Santa and the User or the maintenance of the relationship established in the forms that this fill, or to respond to a request or query from the same. Also, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided in Article 30.5 of the RGPD is applicable, a record of processing activities is kept that specifies, according to their purposes, the processing activities carried out and the other circumstances established in the RGPD.
Principles applicable to the processing of personal data
The processing of the User’s personal data shall be subject to the following principles set out in Article 5 of the GDPR:
Principle of lawfulness, fairness and transparency: the consent of the User will be required at all times after fully transparent information of the purposes for which the personal data is collected.
Purpose limitation principle: personal data will be collected for specified, explicit and legitimate purposes.
Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
Accuracy principle: personal data must be accurate and always up to date.
Principle of limitation of the storage period: personal data shall only be kept in such a way as to allow the identification of the User for the time necessary for the purposes of their processing.
Principle of integrity and confidentiality: personal data will be processed in such a way as to ensure their security and confidentiality.
Principle of proactive responsibility: the Controller shall be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed in ginesdiaz.com are only identifying data. In no case, special categories of personal data within the meaning of Article 9 of the GDPR are processed.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. ginesdiaz.com undertakes to obtain the express and verifiable consent of the User for the processing of his personal data for one or more specific purposes.
The User will have the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent shall not condition the use of the Website.
On the occasions when the User must 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 the event that the completion of any of them is mandatory because they are essential for the proper conduct of the operation performed.
Purposes of the processing for which the personal data is used
Personal data are collected and managed by ginesdiaz.com 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 fills or to respond to a request or inquiry.
Also, the data may be used for commercial purposes of personalization, operational and statistical, and activities of the corporate purpose of ginesdiaz.com, as well as for the extraction, storage of data and marketing studies to adapt the content offered to the user, and improve the quality, performance 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 processing for which the personal data will be used; that is, 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 processing and, in any case, only for the following period: ________, or until the User requests its deletion.
At the time the personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period.
Recipients of personal data
The User’s personal data will be shared with the following recipients or categories of recipients:
In case the 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 data is intended to be transferred, as well as the existence or absence of an adequacy decision by the Commission.
Personal data of minors
Respecting the provisions of Articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may give their consent to the processing of their personal data in a lawful manner by Garage La Santa. In the case of a minor under 14 years of age, the consent of the parents or guardians will be required for the treatment, and this will only be considered lawful to the extent that they have authorized it.
Secrecy and security of personal data
Garage La Santa 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 ensure the security of personal data and prevent accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.
The Web Site has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, is fully encrypted or encrypted.
However, because ginesdiaz.com cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a breach of security of personal data occurs that is likely to involve a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.
Rights arising from the processing of personal data
The User has over ginesdiaz.com and may, therefore, exercise against the Controller the following rights recognized in the RGPD:
Right of access: it is the right of the User to obtain confirmation of whether or not Garage La Santa is treating their personal data and, if so, obtain information about their specific personal data and the treatment that ginesdiaz.com has performed or perform, as well as, among others, of the information available on the origin of such data and the recipients of the communications made or planned thereof.
Right of rectification: This is the User’s right to have his or her personal data that proves to be inaccurate or, taking into account the purposes of the processing, incomplete, amended.
Right of erasure («the right to be forgotten»): This is the User’s right, provided that the legislation in force does not provide otherwise, to obtain the deletion of his/her personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his/her consent to the processing and the processing has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data have been processed unlawfully; the personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Controller, taking into account the technology available and the cost of its implementation, must take reasonable steps to inform the controllers that are processing the personal data of the data subject’s request for the deletion of any link to such personal data.
Right to limitation of processing: This is the User’s right to limit the processing of his or her personal data. The User has the right to obtain the limitation of processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
Right to data portability: Where processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format, and to transmit it to another Controller. Whenever technically possible, the Data Controller shall transmit the data directly to such other controller.
Right to object: This is the User’s right not to have his or her personal data processed or to cease the processing of such data by ginesdiaz.com.
Right not to be subject to a decision based solely on automated processing, including profiling: It is the right of the User not to be subject to an individualized decision based solely on automated processing of personal data, including profiling, existing unless otherwise provided by law.
Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference «RGPD-www.ginesdiaz.com», specifying:
Name, surname of the User and copy of the ID card. In cases where the representation is admitted, it will also be necessary the identification by the same means of the person representing the User, as well as the document proving the representation. The photocopy of the DNI may be substituted by any other means valid in law that proves the identity.
Request with the specific reasons for the request or information to be accessed.
Address for notification purposes.
Date and signature of the applicant.
Any document that accredits the request being made.
This request and any other attached documents may be sent to the following address and/or e-mail address:
Calle Crujía n67 – Caleta Del Sebo 35540 Las Palmas.
Links to third party websites
The Website may include hyperlinks or links that allow access to third party websites other than ginesdiaz.com, and therefore are not operated by Garage La Santa. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.
Complaints to the supervisory 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 his/her personal data is being processed, he/she shall have the right to effective judicial protection and to file a complaint before a supervisory authority, in particular, in the State in which he/she has his/her habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).
The information collected through cookies may include the date and time of visits to the Web Site, the pages viewed, the time spent on the Web Site, and the sites visited just before and just after the Web Site. However, no cookie allows this cookie to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to be part of the Cookie file is for the User to personally give that information to the server.
They are cookies used and managed by external entities that provide ginesdiaz.com services requested by the same to improve the Website and the user experience when browsing the Website. The main purposes for which third-party cookies are used are to obtain access statistics and analyze navigation information, i.e. how the user interacts with the Web Site.
The information obtained refers, for example, to the number of pages visited, the language, the place where the IP address from which the User accesses, the number of Users who access, the frequency and recurrence of visits, the time of visit, the browser used, the operator or type of device from which the visit is made. This information is used to improve the Web Site, and to detect new needs in order to offer the Users a Content and/or service of optimum quality. In any case, the information is collected anonymously and Web Site trend reports are prepared without identifying individual users.
You can obtain more information about cookies, privacy information, or consult the description of the type of cookies used, their main characteristics, expiration period, etc. in the following link(s):
The entity(ies) in charge of the provision of cookies may transfer this information to third parties, provided that it is required by law or it is a third party that processes this information for such entities.
Social media cookies
Ginesdiaz.com incorporates social network plugins, which allow access to them from the Website. For this reason, social network cookies may be stored in the User’s browser. The owners of these social networks have their own data protection policies and cookies, being themselves, in each case, responsible for their own files and their own privacy practices. The User should refer to them for information about these cookies and, where appropriate, the processing of personal data. For information purposes only, the links where you can consult these privacy policies and / or cookies are indicated below:
Disabling, rejecting and deleting cookies
VI. LINKS POLICY
It is reported that the Web Site ginesdiaz.com makes or may make available to users means of link (such as, among others, links, banners, buttons), directories and search engines that allow users to access websites owned and / or managed by third parties.
The installation of these links, directories and search engines on the Website is intended to facilitate the Users the search for and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.
Ginesdiaz.com does not offer or market itself or through third parties the products and / or services available on such linked sites.
It also does not guarantee the technical availability, accuracy, reliability, validity or legality of sites outside its property which may be accessed through the links.
Ginesdiaz.com in no case review or control the content of other websites, nor does it approve, examine or endorse the products and services, content, files and any other material on those linked sites.
Ginesdiaz.com assumes no liability for any damages that may arise from access, use, quality or legality of the content, communications, opinions, products and services of websites not managed by Garage La Santa and that are linked on this Website.
The User or third party who makes a hyperlink from a web page of another, different, web site to the Web Site of ginesdiaz.com must know that:
No reproduction – in whole or in part – of any of the Contents and/or Services of the Web Site is permitted without the express authorization of ginesdiaz.com.
No false, inaccurate or incorrect representation about the Website of ginesdiaz.com, nor about the Content and / or Services of the same is allowed.
Except for the hyperlink, the website on which the hyperlink is established shall not contain any element of this Web Site, protected as intellectual property by the Spanish legal system, unless expressly authorized by ginesdiaz.com.
The establishment of the hyperlink will not imply the existence of relations between Garage La Santa and the owner of the website from which it is made, nor the knowledge and acceptance of ginesdiaz.com of the contents, services and/or activities offered on said website, and vice versa.
VII. INTELLECTUAL AND INDUSTRIAL PROPERTY
Ginesdiaz.com itself or as an assignee, owns all intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will be, therefore, works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and subscribed by Spain.
All rights reserved. Under the provisions of the Intellectual Property Law, are expressly prohibited reproduction, distribution and public communication, including its mode of making available, all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of ginesdiaz.com.
In the event that the User or third party considers that any of the Contents of the Website involves a violation of the rights of protection of intellectual property, you must immediately notify ginesdiaz.com through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.
VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION
Ginesdiaz.com reserves the right to bring civil or criminal actions it deems necessary for the misuse of the Website and Content, or for breach of these Conditions.
The relationship between the User and ginesdiaz.com shall be governed by the regulations in force and applicable in the Spanish territory. If any dispute arises in relation to the interpretation and / or application of these Conditions the parties shall submit their disputes to the ordinary jurisdiction submitting to the judges and courts that correspond according to law.
Last modification: October 11, 2022