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 on 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.avanmatic.es, (hereinafter, Website) is held by: JUAN CARLOS JIMÉNEZ GARCÍA, with NIF: 52116844V, and whose contact information is:
Avenida Prince of Asturias 48D PB Local 8
19208 ALOVERA (Guadalajara)
Contact telephone number: (+34) 949 49 53 50
Contact email: email@example.com
II. TERMS AND GENERAL CONDITIONS OF USE
The object of the conditions: The Website
The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, the following shall be understood as the Website: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated in both 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).
AVANMATIC 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 included in it. The User acknowledges and accepts that at any time AVANMATIC may interrupt, deactivate and / or cancel any of these elements that are integrated into the Website or access to them.
Access to the Website by the User is free and, as a general rule, is free without the User having to provide a consideration to be able to enjoy it, except in relation to the cost of connection through the telecommunications network provided by the access provider that the User has contracted.
The use of any of the Content or Services of the Website may be done through the subscription or prior registration of the User.
The access, navigation and use of the Website, as well as the spaces enabled to interact between the Users, and the User and AVANMATIC, such as comments and / or blogging spaces, confer the status of User, for which they are accepted , since the navigation of the Website begins, all the Conditions herein established, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. Given the relevance of the foregoing, the User is recommended to read them each time they visit the Website.
The AVANMATIC 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, content and / or services and data offered by AVANMATIC without being contrary to the provisions of these Conditions, the Law, morals or public order, or that may otherwise involve injury to rights of third parties or of the same functioning of the Website.
- The veracity and legality of the information provided by the User in the forms issued by AVANMATIC for access to certain Content or Services offered by the Website. In any case, the User will immediately notify AVANMATIC of any fact that allows the improper use of the information registered in such 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.
AVANMATIC 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 attempt against youth or childhood, order or public safety or that, in his opinion, would not be suitable for publication.
In any case, AVANMATIC will not be responsible for the opinions expressed by Users through comments or other blogging tools or participation that may be.
The mere access to this Website does not imply any kind of commercial relationship between AVANMATIC and the User.
The User declares to be of legal age and have sufficient legal capacity to be bound by these Conditions. Therefore, this AVANMATIC Website is not directed to minors. AVANMATIC declines any responsibility for the breach of this requirement.
The Website is aimed primarily at Users resident in Spain. AVANMATIC does not ensure that the Website complies with the laws of other countries, either totally or partially. If the User resides or has his domicile in another place and decides to access and / or navigate the Website he will do so under his own responsibility, he must ensure that such access and navigation complies with the local legislation that is applicable, not assuming AVANMATIC any responsibility that may derive from said access.
III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND LIABILITY
AVANMATIC does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. AVANMATIC will do everything possible for the proper functioning of the Website, however, does not assume responsibility or guarantee that access to this Website will not be uninterrupted or error-free.
Neither is responsible or guarantees that the content or software that can be accessed through this Website, is free of error or cause damage to the computer system (software and hardware) of the User. In no case AVANMATIC will be responsible for losses, damages or damages 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 virus.
AVANMATIC is not responsible for any damages that may be caused to users due to improper use of this Website. In particular, it is not responsible in any way for the falls, interruptions, lack or defect of telecommunications that may occur.
IV. PRIVACY AND DATA PROTECTION POLICY
Respecting the provisions of current legislation, AVANMATIC 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 the free movement of such data (RGPD).
- The Organic Law 15/1999, of December 13, of Protection of Personal Data (LOPD).
- Royal Decree 1720/2007, of December 21, which approves the Regulation for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
- Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).
Identity of the person responsible for the processing of personal data
The person responsible for processing the personal data collected in AVANMATIC is: JUAN CARLOS JIMÉNEZ GARCÍA, with NIF: 52116844V (hereinafter, Responsible for processing). Your contact information is as follows:
Avenida Prince of Asturias 48D PB Local 8
19208 ALOVERA (Guadalajara)
Contact telephone number: (+34) 949 49 53 50
Contact email: firstname.lastname@example.org
Registration of Personal Data
The personal data collected by AVANMATIC, through the forms extended on its pages, will be entered in an automated file under the responsibility of the Data Controller, and duly declared and registered in the General Register of the Data Protection Agency that can be consulted at the website of the Spanish Agency for Data Protection (http://www.agpd.es), in order to facilitate, expedite and meet the commitments established between AVANMATIC and the User or the maintenance of the relationship established in the forms that this completes, or to attend a request or consultation of the same one.
Principles applicable to the processing of personal data
The treatment of the personal data of the User 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 prior to completely transparent information of the purposes for which the personal data are 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 be only those strictly necessary in relation to the purposes for which they are treated.
Principle of accuracy: personal data must be accurate and always updated.
Principle of limitation of the term of conservation: personal data will only be maintained in a way that allows the identification of the User during the time necessary for the purposes of their treatment.
Principle of integrity and confidentiality: personal data will be treated in a manner that guarantees its security and confidentiality.
Principle of proactive responsibility: the controller will be responsible for ensuring that the above principles are met.
Categories of personal data
The categories of data that are treated in AVANMATIC are only identifying data. In no case are special categories of personal data treated in the sense 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. AVANMATIC undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.
The User shall have the right to withdraw his consent at any time. It will be as easy to withdraw the consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.
On occasions when the User must or may provide their information through forms to make inquiries, request information or for reasons related to the content of the Website, you will be informed in case that the completion of any of them is mandatory because they are essential for the proper development of the operation performed.
Purposes of the treatment to which the personal data are destined
The personal data is collected and managed by AVANMATIC 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 completes or to meet an application or consultation.
Likewise, the data may be used for a commercial, personalization, operational and statistical purpose, and activities specific to the corporate purpose of AVANMATIC, 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.
When the personal data are obtained, the User will be informed about the purpose or specific purposes of the treatment to which the personal data will be assigned; that is, the use or uses that will be given to the information collected.
Periods of retention 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 during the following period: 2 years, or until the User requests its deletion.
When the personal data is obtained, the User will be informed about the period during which the personal data will be kept or, when that is not possible, the criteria used to determine this term.
Recipients of personal data
The personal data of the User will be shared with the following recipients or categories of recipients:
Consulting and Management Services of AVANMATIC
In the event that the Data Controller intends to transfer personal data to a third country or international organization, at the time that personal data is obtained, the User will be informed about the third country or international organization to which the data is held. intention to transfer the data, as well as the existence or absence of a decision of adequacy of the Commission.
Personal information of minors
Respecting the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may grant their consent for the processing of their personal data in a lawful manner by AVANMATIC. If it is a child under 14, the consent of the parents or guardians will be necessary for the treatment, and this will only be considered lawful in the measure in which they have authorized it.
Secrecy and security of personal data
AVANMATIC 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 to prevent accidental or unlawful destruction, loss or alteration. of personal data transmitted, conserved or otherwise processed, or unauthorized communication or access to said data.
The Website has an SSL certificate (Secure Socket Layer), which ensures that personal data is transmitted in a secure and confidential manner, as the data is transmitted between the server and the User, and in feedback, fully encrypted or encrypted. .
However, because AVANMATIC can not guarantee the inexputability 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 occurs. the security of personal data that is likely to entail a high risk for the rights and freedoms of natural persons. Following the provisions of Article 4 of the RGPD, violation of the security of personal data means any breach of security that causes the destruction, loss or accidental or unlawful alteration of personal data transmitted, preserved or otherwise processed, or the unauthorized communication or access to said data.
Personal data will be treated as confidential by the person responsible for the processing, who undertakes to inform and guarantee through a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it is accessible. information.
Rights derived from the processing of personal data
The User has about AVANMATIC and may, therefore, exercise the following rights recognized in the RGPD with the Responsible for the treatment:
- Right of access: It is the right of the User to obtain confirmation of whether AVANMATIC is treating their personal data or not, and if so, to obtain information about their specific personal data and the treatment that AVANMATIC has carried out or carried out, as well as, among others, the information available on the origin of said data and the recipients of the communications made or foreseen therein.
- Right of rectification: It is the right of the User to modify their personal data that prove to be inaccurate or, taking into account the purposes of the treatment, incomplete.
- Right of withdrawal ("the right to be forgotten"): It is the right of the User, provided that the current legislation does not establish otherwise, to obtain the deletion of their personal data when these are no longer necessary for the purposes for which they were collected or treaties; the User has withdrawn his consent to the treatment and this does not have another legal basis; the User is opposed to the treatment and there is no other legitimate reason to continue with it; personal data have been treated illicitly; personal data should 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 child under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its application, must take reasonable measures to inform those responsible who are processing the personal data of the interested party's request to delete any link to that personal data.
- Right to the limitation of the treatment: It is the User's right to limit the processing of their personal data. The User has the right to obtain the limitation of the treatment when he challenges the accuracy of his personal data; the treatment is illegal; The Person in charge of the treatment no longer needs the personal data, but the User needs it to make claims; and when the User has opposed the treatment.
- Right to data portability: In the event that the processing is carried out by automated means, the User shall have the right to receive from the Data Controller their personal data in a structured, commonly used and mechanical reading format, and to transmit them to another person in charge. of the treatment. Whenever technically possible, the Data Controller will transmit the data directly to that other person in charge.
- Right of opposition: It is the right of the User that the processing of their personal data is not carried out or that the processing thereof is terminated by AVANMATIC.
- 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 the automated processing of their personal data, including the elaboration of profiles, existing unless the current legislation establishes the contrary.
Thus, the User may exercise their rights by written communication addressed to the Responsible for processing with the reference "RGPD-www.avanmatic.es", specifying:
- Name, surname of the User and copy of the DNI. In the cases in which 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 accrediting the representation. The photocopy of the DNI may be substituted, by any other means valid in law that proves the identity.
- Petition with the specific reasons for the request or information to which you want to access.
- Address to effect of notifications.
- Date and signature of the applicant.
- Any document that certifies the request that formulates.
This application and any other attached document may be sent to the following address and / or email:
Avenida Prince of Asturias 48D PB Local 8
19208 ALOVERA (Guadalajara)
Links to third-party websites
The Website may include hyperlinks or links that allow access to web pages of third parties other than AVANMATIC, and that therefore are not operated by AVANMATIC. The owners of said 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 are being processed, they will have the right to effective judicial protection and to present a claim to a control authority, in particular, in the State in which he has his habitual residence, place of work or place of the alleged infringement. In the case of Spain, the control authority is the Spanish Agency for Data Protection (http://www.agpd.es).
V. COOKIES POLICY
Cookies are automatic procedures for collecting information related to the preferences determined by the User during his visit to the Website in order to recognize him as a User, and to personalize his experience and use of the Website, and may also, for example, help to identify and resolve errors.
The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time that has been on the Website and the sites visited just before and after it. However, no cookie allows the cookie to be contacted with the User's phone 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 that the User's private information is part of the Cookie file is for the user to personally give that information to the server.
Are those cookies that are sent to the computer or device of the User and managed exclusively by AVANMATIC for the best functioning of the Website. The information that is collected is used to improve the quality of the Website and its Content and its 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 suits their preferences.
Third party cookies
They are cookies used and managed by external entities that provide AVANMATIC 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 obtaining access statistics and analyzing the navigation information, that is, how the User interacts with the Website.
The information that is obtained refers, for example, to the number of pages visited, the language, the place where the IP address from which the User is accessing, the number of Users that access, the frequency and recidivism of the visits, the visit time, the browser they use, the operator or type of device from which the visit is made. This information is used to improve the Website, and detect new needs to offer Users a Content and / or service of optimum quality. In any case, the information is collected anonymously and web site trend reports are produced without identifying individual users.
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. in the following link (s):
The entity (s) in charge of the supply of cookies may (n) transfer this information to third parties, as long as the law requires it or a third party who processes this information for these entities.
Social network cookies
AVANMATIC 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 cookies policies, being themselves, in each case, responsible for their own files and their own privacy practices. The User must refer to them to learn about these cookies and, where appropriate, the processing of their personal data. For information purposes only, the following are the links on which you can consult these privacy and / or cookie policies:
Disable, reject and delete cookies
Changes in the Cookies Policy
VI. LINK POLICY
It is hereby informed that the AVANMATIC Website puts or may make available to the Users means of link (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and / / or managed by third parties.
The installation of these links, directories and search engines on the Website is intended to provide Users with the search for and access to information available on the Internet, without it being considered a suggestion, recommendation or invitation to visit them. .
AVANMATIC does not offer or market by itself or through third parties the products and / or services available on these linked sites.
Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites external to your property that can be accessed through the links.
AVANMATIC will in no case review or control the content of other websites, nor approve, examine or endorse the products and services, content, files and any other material existing in the aforementioned linked sites.
AVANMATIC does not assume any responsibility for the damages that could be produced by the access, use, quality or legality of the contents, communications, opinions, products and services of the web sites not managed by AVANMATIC and that are linked in this Website.
The User or third party who makes a hyperlink from a web page of another, different, website to the AVANMATIC Website must know that:
Reproduction - totally or partially - of any of the Contents and / or Services of the Website is not permitted without the express authorization of AVANMATIC.
No false, inaccurate or incorrect manifestation is allowed on the AVANMATIC 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 AVANMATIC.
The establishment of the hyperlink does not imply the existence of relations between AVANMATIC and the owner of the website from which it is made, nor the knowledge and acceptance of AVANMATIC of the contents, services and / or activities offered on said website, and vice versa.
VII. INTELLECTUAL AND INDUSTRIAL PROPERTY
AVANMATIC by itself or as a transferee, is the owner of all the intellectual and industrial property rights of the Website, as well as the elements contained therein (for example and not exhaustive, images, sound, audio, video, software or texts, trademarks or logos, combinations of colors, structure and design, selection of used materials, computer programs necessary for its operation, access and use, etc.). They will, therefore, works protected as intellectual property by the Spanish legal system, being applicable both Spanish and European regulations in this field, as well as international treaties relating to the subject and signed by Spain.
All rights reserved. Under the provisions of the Law on Intellectual Property, the reproduction, distribution and public communication, including its method of making available, all or part of the contents of this web page, for commercial purposes, are expressly prohibited. in any support and by any technical means, without the authorization of AVANMATIC.
The User agrees to respect the intellectual and industrial property rights of AVANMATIC. You can view the elements of the Website or even print them, copy them and store them on your computer's hard drive or any other physical support, provided that it is exclusively for your personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was installed on the Website.
In the event that the User or third party considers that any of the Contents of the Website constitutes a violation of the rights of protection of intellectual property, they must immediately notify AVANMATIC 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
AVANMATIC reserves the right to file civil or criminal actions it deems necessary for the improper use of the Website and Content, or for the breach of these Conditions.
The relationship between the User and AVANMATIC will be governed by current regulations and applicable in Spanish territory. Should any dispute arise 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: June 17, 2018
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.