This legal notice regulates the use of the WEBSITE ALMASIESTAHOMES.COM (from now on, THE WEBSITE), owned by LA CALA HEIGHTS S.L.U (from now on, WEBSITE OWNER).
The WEBSITE OWNER, in compliance with Law 34/2002, of 11 July, of services of the information society and electronic commerce, informs you that:
- Its corporate name is: LA CALA HEIGHTS S.L.U.
- Its trading name is: ALMA BY SIESTA HOMES
- Its VAT number is: B93636967
- Its registered office is at: C. LA ALZAMBRA, OFICINA 3-4, NUEVA ANDALUCÍA Nº 3-4 ,MARBELLA , (MÁLAGA) , C.P. 29660.
- Registered in the Mercantile Registry of: MÁLAGA, TOMO 5765, FOLIO 151, HOJA MA-147022
To communicate with us, we put at your disposal different means of contact which are detailed below:
- Telephone: +34 952 828 443
- E-mail: firstname.lastname@example.org
All notifications and communications between users and the WEBSITE OWNER will be considered effective, for all purposes, when they are made via postal mail or any other means of those detailed above.
The access and / or use of this portal of the WEBSITE OWNER, creator of the site, attributes the condition of USER, who accepts, from such access and / or use, the General Conditions of Use here reflected. The mentioned Conditions will be of application independently of the General Conditions of Contracting that in its case are of obligatory fulfilment.
3) USE OF THE PORTAL.
The website and its services are of free use and access, nevertheless, the WEBSITE OWNER, conditions the use of some of the services offered on its WEBSITE to the prior completion of the corresponding form, to become a user of the portal.
The user guarantees the authenticity and timeliness of all data communicated to the WEBSITE OWNER and shall be the only one responsible for any false or inaccurate statements made.
The user expressly undertakes to make appropriate use of the contents and services of the WEBSITE OWNER and not to use them for, among others:
- Disseminate content, criminal, violent, pornographic, racist, xenophobic, offensive, of apology of terrorism or, in general, contrary to law or public order.
- Introduce computer viruses in the network, or carry out actions likely to alter, spoil, interrupt, or generate errors or damage to electronic documents, data or physical and logical or physical and logical systems of the WEBSITE OWNER or of third parties; as well as hindering the access of other hinder the access of other users to the web site and its services by means of the massive consumption of computing resources through which the WEBSITE OWNER provides its services.
- Attempting to access the e-mail accounts of other users or restricted areas of the WEBSITE OWNER computer systems or third parties and, where appropriate, extract information.
- Violate the rights of intellectual or industrial property, as well as violate the confidentiality of the WEBSITE OWNER or third parties.
- Impersonate the identity of another user, public administrations or third parties.
- Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights, or it is legally permitted.
- Collect data for advertising purposes and to send advertising of any kind and communications for sales or other purposes, of a commercial nature, without prior request or consent.
The WEBSITE OWNER wants to inform users and customers of its WEBSITE, the policy carried out with the treatment and protection of the personal data, the personal character of those people who voluntarily use the contact forms to contact the WEBSITE OWNER, as well as the access to its own page, which involve the communication of their personal data to the WEBSITE OWNER.
A.- Identification of the data controller.
The WEBSITE OWNER, provided of CIF B93046357, informs the user and customer of its Web page of the existence of a register of automated activities of personal data called CUSTOMERS, where the personal data called CUSTOMERS, where are collected and stored personal data that the user and customer communications in order to manage their request.
B.- Updating of policies.
The WEBSITE OWNER will modify, without prior notice, the present policy of privacy whenever necessary to adapt it to any change in legislation, regulations, jurisprudence or legislative, regulatory, jurisprudential, administrative or in order to adapt this policy to the instructions issued by the Data Protection Agency or legitimate object of any modification of this policy, notwithstanding the foregoing, will be published and warned on the WEBSITE OWNER’S web page.
For all the above, the WEBSITE OWNER, recommends to the users the reading periodic reading of these policies in order to be able to know the changes that are made.
C.- Purpose of the Registration of activities.
The WEBSITE OWNER does not request on its Web page, data to the internauts who visit it, except for merely identifying visit, except merely identifying data, therefore, the communication of personal data by the user to the WEBSITE OWNER through its Web page can only be understood as taking place when they voluntarily use the contact form service or other means of communication to contact the WEBSITE OWNER, that in these cases the processing of data is unavoidable and implicit to the communication system. For these cases and those described in the following section, the entity, inform the customer that the processing of the data is carried out for the following purposes: To carry out all the management related to the elaboration of budgets, contracting, and provision of services of the WEBSITE OWNER, to the company to which belongs or, where appropriate, to the interested party who requests it. Thus as well as to attend and answer the communications received and those of commercial prospection to keep users informed of any promotions.
It is reported that when the user does not maintain business relationships with the WEBSITE OWNER, and send an email or a communication to the WEBSITE OWNER, indicating other personal data, the said user will be giving their free, unequivocal, specific, informed, and express consent for the treatment of their personal data by the WEBSITE OWNER, with the purposes established above, as well as to attend to your communication or to send documentation.
For the same purposes, the WEBSITE OWNER informs that, if the client sends an e-mail or communicates to the WEBSITE OWNER his/her personal data by reason of his/her the position he/she holds in a company, either as an administrator, manager, representative and/or any other position as a contact person of the company, it shall be understood that such communication entails the provision of his/her free, unequivocal, specific, informed and express consent for the treatment of your personal data by the WEBSITE OWNER, for the purposes set out above.
E.- Identification of the recipients with respect to which the WEBSITE OWNER intends to make assignments or access data on behalf of third parties.
The WEBSITE OWNER only intends to carry out assignments or communications of data that, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and the Guarantee of Digital Rights (hereinafter referred to as the RGPD) must perform to meet its obligations to the Public Administrations, organizations or persons directly related to the WEBSITE OWNER, in the cases that are required in accordance with the Legislation in force in each matter and at any time or in cases where it has expressly consented.
Likewise, the WEBSITE OWNER informs the user, that any other transfer of data that must be made, will be brought to your knowledge when so provided by the RGPD, informing you expressly, precisely and unequivocally of the recipients of the information, the purpose for which the data will be used, and the nature of the data transferred, or where appropriate, when the RGPD so provides, previously, specific and informed unambiguous consent will be requested from the user.
However, the WEBSITE OWNER informs the user and the customer, that any processing of personal data, is subject to current legislation in Spain on data protection, established by the RGPD and its complementary and development regulations. In this sense, the WEBSITE OWNER is only responsible and guarantees the confidentiality of personal data requested by the user through the WEBSITE.
F.- Data quality.
The WEBSITE OWNER warns the user that, except for the existence of a legally constituted representation, no user may use the identity of another person and communicate his or her personal data, and therefore the user must at all times take into account that he or she may only include personal data corresponding to his or her own identity and which are bear in mind that he/she may only include personal data corresponding to his/her own identity and which are adequate, pertinent, current, exact and true. To this, the user shall be solely liable for any direct and/or indirect damage caused to third parties or to the WEBSITE OWNER, due to the use of the personal data of another person, or their own personal data inadequate, or impertinent. Likewise, the user who uses the personal data of a third party shall be liable to the third party, shall be liable to the third party for the information obligation established in the RGPD when the personal data have not been collected from the data subject himself, and/or for the consequences of not having informed him/her.
G.- Rights of access, rectification, limitation of processing, portability, cancellation, opposition to processing, and deletion of data.
The WEBSITE OWNER informs the user of the possibility of exercising their rights of access, rectification, limitation of processing, portability, opposition to the processing and deletion of their data as well as the right to file a complaint with the Control Authority by writing to the WEBSITE OWNER at the following address: C.C. LA ALZAMBRA, OFICINA 3-4, NUEVA ANDALUCÍA Nº 3-4 or by mail to email@example.com, attaching in both cases their ID card or identity card.
H.- Use of forms for the collection of personal data.
I.- Security measures adopted in relation to the processing of personal data.
The WEBSITE OWNER informs the user that, in accordance with the provisions of the RGPD, it has adopted the technical and organizational measures necessary to guarantee the security of personal data and to avoid its alteration, loss, unauthorized processing, or access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed. Likewise, the WEBSITE OWNER guarantees the user the fulfillment of the duty of professional secrecy with respect to the personal data of users and the duty to protect them.
5) INTELLECTUAL AND INDUSTRIAL PROPERTY
By virtue of the dispositions of the current legislation regulating Intellectual Property, the reproduction, distribution and public communication, including its modality of making available, of all or part of the contents, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, of this WEBSITE, for commercial purposes, on any support and by any technical means, without the authorisation of the WEBSITE OWNER, are expressly prohibited. All the contents of the WEBSITE constitute a work whose property belongs to the WEBSITE OWNER, and none of the exploitation rights of the same may be understood to have been ceded to the user, beyond what is strictly necessary for the correct use of the WEBSITE.
In short, users accessing this WEBSITE may view the contents and make, where appropriate, authorised private copies provided that the elements reproduced are not subsequently transferred to third parties, nor are they installed on servers connected to networks, nor are they subject to any type of commercial exploitation.
Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the WEBSITE are the property of the WEBSITE OWNER, without it being understood that the use of or access to the same attributes any right over the same to the user.
The establishment of a hyperlink does not imply in any case the existence of a relationship between the WEBSITE OWNER and the WEBSITE OWNER in which it is established, nor the acceptance and approval by the WEBSITE OWNER of its contents or services. Those persons who intend to establish a hyperlink must request prior written authorisation from the WEBSITE OWNER. In any case, the hyperlink will only allow access to the home-page or home page of our WEBSITE, and must also refrain from making false, inaccurate or incorrect statements or indications about the WEBSITE OWNER, or include illegal content, contrary to good customs and public order. The WEBSITE OWNER is not responsible for the use that each user makes of the materials made available on this WEBSITE nor for the actions carried out on the basis of the same.
6) EXCLUSION OF GUARANTEES AND LIABILITY.
The content of this WEBSITE is of a general nature and is for information purposes only, without fully guaranteeing access to all content, nor its completeness, correctness, validity or timeliness, nor its suitability or usefulness for a specific purpose.
The WEBSITE OWNER excludes, to the extent permitted by law, any liability for damages of any kind arising from:
1. The impossibility of access to the WEBSITE or the lack of truthfulness, accuracy, completeness and/or timeliness of the contents, as well as the existence of vices and defects of any kind of content transmitted, disseminated, stored, made available to those who have accessed through the WEBSITE or the services offered.
2. The presence of viruses or other elements in the contents that may cause alterations in computer systems, electronic documents or user data.
3. Failure to comply with the law, good faith, public order, traffic uses and this legal notice as a result of incorrect use of the WEBSITE. In particular, and by way of example, the WEBSITE OWNER is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honour, personal and family privacy and self-image, as well as the regulations on unfair competition and illegal advertising.
7) MODIFICATION OF THESE CONDITIONS AND DURATION.
The WEBSITE OWNER may modify at any time the conditions determined here, being duly published as they appear here. The validity of the aforementioned conditions will depend on their exposure and will be in force until they are modified by others duly published.
The WEBSITE OWNER declines any responsibility with respect to the information that is outside this WEBSITE and is not managed directly by our webmaster. The function of the links that appear on this WEBSITE is exclusively to inform the user about the existence of other sources likely to expand the content offered on this WEBSITE. The WEBSITE OWNER does not guarantee nor is responsible for the operation or accessibility of the linked sites. Nor does it suggest, invite or recommend a visit to them, nor will it be responsible for the results obtained. The WEBSITE OWNER is not responsible for the establishment of hyperlinks by third parties.
9) RIGHT OF EXCLUSION.
The WEBSITE OWNER reserves the right to refuse or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those users who do not comply with these General Conditions of Use of the Portal.
In the event that any user or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or the carrying out of any activity on the web pages included or accessible through the WEBSITE, they must send a notification to the WEBSITE OWNER, duly identifying themselves, specifying the alleged infringements and expressly declaring under their responsibility that the information provided in the notification is accurate.
The administrative information provided through the WEBSITE does not replace the legal publication of laws, regulations, plans, general provisions and acts that have to be formally published in the official journals of public administrations, which are the only instrument that attests to their authenticity and content. The information available on this WEBSITE should be understood as a guide.
12) APPLICABLE LAW AND JURISDICTION.
These terms and conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly that is not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by this object of these Conditions, to the Courts and Tribunals of the user’s domicile.
In the event that the user is domiciled outside Spain, the provider and the user expressly waive the right to any other forum, submitting to the Courts and Tribunals of the address of the WEBSITE OWNER.