LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE
www.garagelasanta.com
I. GENERAL INFORMATION
In compliance with the duty to provide the information stipulated in Law 34/2002 of the Information Society and Electronic Commerce Services Act (LSSI-CE) of 11 July, the following general information on this website is provided below:
The ownership of this website, www.garagelasanta.com, (hereinafter, Website) is held by: Adrián Rodríguez Pérez, with NIF: 78584186-V, and whose contact details are:
Address:
C/ Velarde 22 – 4c
28004, Madrid
Contact telephone: ———
Contact email: hola@garagelasanta.com
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 and Conditions) 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 static and dynamic, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Content) 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 Content 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 included in the Website or access to them.
Access to the Web Site by the User is free and, as a general rule, is free of charge without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
The use of any of the Contents or Services of the Website may be made by means of prior subscription or registration by the User.
The User
Access, browsing and use of the Website confers the condition of User, and therefore, from the moment browsing the Website begins, the User accepts all the Conditions established herein, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with as the case may be. Given the relevance of the above, the User is recommended to read them every time he/she visits the Web Site.
The Garage La Santa Website provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility extends to:
A use of the information, Contents and/or Services and data offered by Garage La Santa without being contrary to the provisions of these Conditions, the Law, morality or public order, or which in any other way may involve damage to the rights of third parties or the very functioning of the Website.
The veracity and legality of the information provided by the User in the forms issued by Garage La Santa for access to certain Contents or Services offered by the Web Site. In any case, the User shall immediately notify Garage La Santa about any event that allows the improper use of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorised access to identifiers and/or passwords, in order to proceed to their immediate cancellation.
Mere access to this Website does not imply the establishment of any type of commercial relationship between Garage La Santa and the User.
In compliance with current legislation, this Garage La Santa website is intended for all persons, regardless of their age, who may access and/or browse the pages of the website.
III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
Garage La Santa does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. Garage La Santa will make every effort to ensure the proper functioning of the Website, however, Garage La Santa makes no representation or warranty that access to the Website will be uninterrupted or error free.
Neither is it responsible for 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). Under no circumstances shall Garage La Santa be liable for any loss, damage or harm of any kind arising from accessing, browsing and using the Website, including, but not limited to, that caused to computer systems or that caused by the introduction of viruses.
Garage La Santa shall also not be held liable for any damage that may be caused to users through inappropriate use of this Web Site. In particular, it shall not be liable in any way for any telecommunications failures, interruptions, faults or defects that may occur.
IV. PRIVACY AND DATA PROTECTION POLICY
Garage La Santa undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.
Laws incorporated in this privacy policy
This privacy policy is adapted to current Spanish and European legislation on the protection of personal data on the Internet. Specifically, it respects the following regulations:
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).
Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
Royal Decree 1720/2007, of 21 December, approving the Regulation implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).
Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).
Identity of the party responsible for the processing of personal data
The person responsible for the processing of the personal data collected in Garage La Santa is: Adrián Rodríguez Pérez, with NIF: 78584186-V (hereinafter, also the Data Controller). His contact details are as follows:
Address:
C/ Velarde 22 – 4c
28004, Madrid
Contact telephone: ———
Contact email: hola@garagelasanta.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 provided on its pages will be incorporated and processed 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 filled in by the User, or to respond to a request or query from the User. 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 applies, a register of processing activities is kept which specifies, according to its 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 shall be required at all times following fully transparent information on 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 minimisation: personal data collected will be only that which is 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 a form that allows the identification of the User for the time necessary for the purposes for which they are processed.
Principle of integrity and confidentiality: personal data shall be processed in such a way as to ensure their security and confidentiality.
Principle of proactive accountability: the Controller shall be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed by Garage La Santa are solely identification data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.
Legal basis for the processing of personal data.
The legal basis for the processing of personal data is consent. Garage La Santa undertakes to obtain the express and verifiable consent of the User to the processing of his personal data for one or more specific purposes.
The User shall have the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, withdrawal of consent shall not condition the use of the Website.
On those occasions when the User must or may provide their data through forms to make enquiries, 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 compulsory because they are essential for the correct development of the operation carried out.
Purposes of the processing for which the personal data is used
The personal data are collected and managed by Garage La Santa in order to facilitate, speed up and fulfil the commitments established between the Website and the User or to maintain the relationship established in the forms filled in by the latter or to attend to a request or query.
Likewise, the data may be used for commercial, personalisation, operational and statistical purposes, and for activities that are part of Garage La Santa’s corporate purpose, as well as for the extraction and storage of data and marketing studies to adapt the Content offered to the User, and to improve the quality, operation and browsing of the Website.
At the time the personal data is obtained, the User will be informed of the specific purpose or purposes of the processing for which the personal data will be used, i.e. the use or uses to which the information collected will be put.
Retention periods of personal data
Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: ________, or until the User requests their 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 the event that the Controller intends to transfer personal data to a third country or international organisation, the User will be informed at the time the personal data are obtained about the third country or international organisation to which the data are intended to be transferred, as well as about the existence or absence of a Commission adequacy decision.
Personal data of minors
In compliance with the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only persons 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 processing, and this will only be considered lawful to the extent that they have authorised it.
Secrecy and security of personal data
Garage La Santa undertakes to adopt the necessary technical and organisational 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 to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised communication of or access to such data.
The Website is SSL (Secure Socket Layer) certified, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in return, is fully encrypted or encoded.
However, because Garage La Santa 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. In accordance with 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 the unauthorised disclosure of 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, partners, and any other person to whom it makes the information accessible.
Rights deriving from the processing of personal data
The User has over Garage La Santa and may, therefore, exercise against the Data Controller the following rights recognised in the RGPD:
Right of access: This is the User’s right to obtain confirmation as to whether or not Garage La Santa is processing his personal data and, if so, to obtain information about his specific personal data and the processing that Garage La Santa has carried out or is carrying out, as well as, among other things, the information available on the origin of such data and the recipients of the communications made or planned for the same.
Right of rectification: This is the User’s right to have his/her personal data amended if it proves to be inaccurate or, taking into account the purposes of the processing, incomplete.
Right of erasure (“the right to be forgotten”): This is the User’s right, unless otherwise provided for by law, to obtain the erasure of his or her personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn his or 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 erased 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 person under 14 years of age. In addition to erasure, the Controller shall, taking into account the technology available and the cost of its implementation, take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for erasure of any link to those personal data.
Right to restriction of processing: This is the User’s right to restrict the processing of his or her personal data. The User has the right to obtain the restriction of processing where the User contests the accuracy of his or her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and where 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. Where technically feasible, the Controller shall transmit the data directly to that 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 Garage La Santa.
Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualised decision based solely on automated processing of their personal data, including profiling, unless the legislation in force provides otherwise.
Therefore, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference “RGPD-www.garagelasanta.com”, specifying:
Name, surname(s) of the User and a copy of the User’s ID card. In cases where representation is permitted, it will also be necessary to identify the person representing the User by the same means, as well as the document accrediting the representation. The photocopy of the DNI may be substituted by any other legally valid means that accredits identity.
Request with the specific reasons for the request or information to which access is sought.
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:
Postal address:
C/ Velarde 22 – 4c
28004, Madrid
E-mail: hola@garagelasanta.com
Links to third party websites
The Website may include hyperlinks or links that allow access to third party websites other than Garage La Santa, and which are therefore 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 lodge a complaint with 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).
Acceptance and changes to 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 he/she accepts the processing of his/her personal data so that the Data Controller can proceed in the manner, during the periods and for the purposes indicated. Use of the Website implies acceptance of the Website’s Privacy Policy.
Garage La Santa 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 Data Protection Agency. 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 keep abreast of the latest changes or updates.
This Privacy Policy was updated on 6 March 2022 to adapt it to 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 (RGPD) and to Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights (LOPD).
V. COOKIE POLICY
Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User – in the different devices that may be used to browse – so that the server remembers certain information that will subsequently be read only by the server that implemented it. Cookies make browsing easier, more user-friendly and do not damage the browsing device.
The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website and the sites visited just before and just after the Website. 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.
Cookies that allow a person to be identified are considered personal data. Therefore, the aforementioned Privacy Policy shall apply to them. In this sense, the consent of the User will be necessary for the use of cookies. This consent will be communicated, on the basis of a genuine choice, offered by means of an affirmative and positive decision, prior to the initial processing, removable and documented.
Third-party cookies
These are cookies used and managed by external entities that provide Garage La Santa with services requested by the latter to improve the Website and the user’s experience when browsing the Website. The main purposes for which third-party cookies are used are to obtain access statistics and analyse browsing information, i.e. how the User interacts with the Website.
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 Website, and to detect new needs in order to offer Users optimum quality Content and/or service. In any case, the information is collected anonymously and reports on Website trends are drawn up without identifying individual users.
You can obtain more information on cookies, information on privacy, or consult the description of the type of cookies used, their main characteristics, expiry period, etc. at the following link(s):
________
The entity(ies) in charge of the provision of cookies may transfer this information to third parties, provided that this is required by law or that a third party processes this information for these entities.
Social media cookies
Garage La Santa incorporates social media plugins, which allow access to social networks 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 their personal data. For information purposes only, the links where these privacy and/or cookie policies can be consulted are indicated below:
Facebook: https://www.facebook.com/policies/cookies/
Twitter: https://twitter.com/es/privacy
Instagram: https://help.instagram.com/1896641480634370?ref=ig
Youtube: https://policies.google.com/privacy?hl=es-419&gl=mx
Google+: https://policies.google.com/technologies/cookies?hl=es
Pinterest: https://policy.pinterest.com/es/privacy-policy
LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies
Disabling, rejecting and deleting cookies
The User can disable, reject and delete cookies – in whole or in part – installed on their device by configuring their browser (including, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser that he/she is using. In the event that you reject the use of cookies – in whole or in part – you may continue to use the Website, although the use of some of its features may be limited.
Changes to the Cookie Policy
It is possible that the Cookies Policy of the Website may change or be updated, therefore it is recommended that the User reviews this policy each time he/she accesses the Website in order to be properly informed about how and why we use cookies.
VI. LINKS POLICY
The Garage La Santa Website places or may place at the disposal of 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 installation of these links, directories and search engines on the Website is intended to make it easier for Users to search for and access information available on the Internet, and may not be considered a suggestion, recommendation or invitation to visit them.
Garage La Santa does not itself or through third parties offer or market the products and/or services available on these linked sites.
Likewise, neither does it guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property which may be accessed through the links.
Garage La Santa shall not under any circumstances 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 existing on the aforementioned linked sites.
Garage La Santa assumes no liability for any damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by Garage La Santa and which are linked to this Website.
The User or third party who makes a hyperlink from a web page of another, different, website to the Garage La Santa Website must be aware that:
The reproduction – in whole or in part – of any of the Contents and/or Services of the Website is not permitted without the express authorisation of Garage La Santa.
No false, inaccurate or incorrect statement about the Garage La Santa Web Site, nor about the Contents and/or Services of the Web Site is permitted.
With the exception of the hyperlink, the web site 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 authorised by Garage La Santa.
The establishment of the hyperlink will not imply the existence of a relationship between Garage La Santa and the owner of the web site from which it is made, nor the knowledge and acceptance by Garage La Santa of the contents, services and/or activities offered on said web site, and vice versa.
VII. INTELLECTUAL AND INDUSTRIAL PROPERTY
Garage La Santa, by itself or as an assignee, is the owner of all the intellectual and industrial property rights of the Website, as well as of the elements contained therein (including but not limited to images, sound, audio, video, software or texts, trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are, 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 relating to the matter and signed by Spain.
All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorisation of Garage La Santa, is expressly prohibited without the authorisation of Garage La Santa.
In the event that the User or a third party considers that any of the Contents of the Web Site involves a violation of the rights of protection of intellectual property, he/she must immediately inform Garage La Santa through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.
VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION
Garage La Santa reserves the right to bring any civil or criminal action it deems necessary for improper use of the Website and its Contents, or for breach of these Conditions.
The relationship between the User and Garage La Santa shall be governed by the regulations in force and applicable in Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting themselves to the judges and courts that correspond in accordance with the law.
Last modification: 6 March 2022