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 data of this website are provided below :
The ownership of this website, www.elhombreinvierno.es , (hereinafter, Website) is held by: José M. Capitán del Río, with NIF: 77362773L, and whose contact information is:
Calle Larga de San Cristóbal, 1 18010 Granada, Spain
Contact telephone: +34 601 44 63 93
Contact email: email@example.com
II. GENERAL TERMS AND CONDITIONS OF USE
The purpose of the conditions: The Website
The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate the access and use of the Website. For the purposes of these Conditions, the Website will be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those services or online resources that may be offered to Users (hereinafter, Services).
El Hombre Invierno 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 in it. The User acknowledges and accepts that at any time El Hombre Invierno 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 for the cost of connection through the telecommunications network provided. by the access provider that the User has hired.
The use of any of the Contents or Services of the Website may be done through the subscription or prior registration of the User.
Access, navigation and use of the Website, as well as the spaces enabled to interact between Users, and the User and El Hombre Invierno, such as comments and / or blogging spaces, confers the condition of User, therefore All the Conditions established herein, as well as their subsequent modifications, are accepted from the moment you start browsing the Website, 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 El Hombre Invierno 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 El Hombre Invierno 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 operation of the Website itself.
The veracity and legality of the information provided by the User in the forms issued by El Hombre Invierno to access certain Content or Services offered by the Website. In any case, the User will immediately notify El Hombre Invierno about any fact that allows the improper use of the information registered in said forms, such as, but not only, theft, loss, or unauthorized access to identifiers and / or passwords, in order to proceed with their immediate cancellation.
Winter Man reserves the right to withdraw all those comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or childhood, the order or public safety or that, in his opinion, are not suitable for publication.
In any case, El Hombre Invierno will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.
The mere access to this Website does not imply any type of commercial relationship between El Hombre Invierno and the User.
The User declares to be of legal age and have sufficient legal capacity to be bound by these Conditions. Therefore, this El Hombre Invierno Website is not directed to minors. The Winter Man declines any responsibility for the breach of this requirement.
III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND LIABILITY
El Hombre Invierno does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. El Hombre Invierno will do everything possible for the proper functioning of the Website, however, it is not responsible or guarantees that access to this Website will not be uninterrupted or error-free.
Neither is it responsible or guarantees that the content or software that can be accessed through this Website is free from error or causes damage to the User’s computer system (software and hardware). In no case will El Hombre Invierno 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 viruses.
El Hombre Invierno is not responsible for any damages that may be caused to users by improper use of this Website. In particular, it is not responsible in any way for falls, interruptions, lack or defect of telecommunications that may occur.
IV. PRIVACY AND DATA PROTECTION POLICY
The Winter Man 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 April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD).
Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
Royal Decree 1720/2007, of December 21, which approves the Regulations 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 the treatment of the personal data collected in El Hombre Invierno is: José M. Capitán del Río, with NIF: 77362773L (hereinafter, also Responsible for the treatment). Their contact details are as follows:
Calle Larga de San Cristóbal, 1 18010 Granada, Spain
Contact telephone: +34 601 44 63 93
Contact email: firstname.lastname@example.org
Personal Data Record
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by El Hombre Invierno through the forms on its pages will be incorporated and will be treated in our files in order to facilitate, expedite and comply the commitments established between El Hombre Invierno and the User or the maintenance of the relationship established in the forms that he / she fills out, or to attend 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 record of treatment activities is kept that specifies, according to their purposes, the treatment 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 will be subject to the following principles set out in article 5 of the RGPD:
Principle of legality, loyalty and transparency: the consent of the User will be required at all times, prior completely transparent information of the purposes for which the personal data is collected.
Purpose limitation principle: personal data will be collected for specific, explicit and legitimate purposes.
Principle of data minimization: the personal data collected will only be those strictly necessary in relation to the purposes for which they are processed.
Principle of accuracy: personal data must be accurate and always up-to-date.
Principle of limitation of the conservation period: personal data will only be kept in a way that allows the identification of the User for the time necessary for the purposes of its treatment.
Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are met.
Categories of personal data
The categories of data that are treated in El Hombre Invierno are only identifying data. In no case are special categories of personal data processed in the sense of article 9 of the RGPD.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. The Winter Man 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 will have the right to withdraw their consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.
On the occasions in which 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 if the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.
Purposes of the treatment to which the personal data are destined
Personal data is collected and managed by El Hombre Invierno 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 in or to attend. a request or inquiry.
Likewise, the data may be used for a commercial purpose of personalization, operational and statistical, and activities of the corporate purpose of El Hombre Invierno, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as improving the quality, operation and navigation of the Website.
At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the treatment to 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 treatment and, in any case, only during the following period: 6 months, or until the User requests its deletion.
At the time the personal data is obtained, the User will be informed about the period during which the personal data will be kept or, when that is not possible, the criteria used to determine this period.
Recipients of personal data
The User’s personal data will not be shared with third parties.
In any case, at the time the personal data is obtained, the User will be informed about the recipients or the categories of recipients of the personal data.
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 grant their consent for the processing of their personal data in a lawful manner by El Hombre Invierno. In the case of a minor under 14 years of age, the consent of the parents or guardians will be necessary for the treatment, and this will only be considered lawful to the extent that they have authorized it.
Secrecy and security of personal data
The Winter Man undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to guarantee the security of personal data and avoid accidental destruction, loss or alteration or illicit personal data transmitted, stored or otherwise processed, or the unauthorized communication or access to said data.
The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted safely and confidentially, as the data is transmitted between the server and the User, and in feedback, fully encrypted or encrypted.
However, because El Hombre Invierno 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 violation of the security of personal data that is likely to involve a high risk to the rights and freedoms of natural persons. Following the provisions of article 4 of the RGPD, a violation of the security of personal data is understood to be any violation of security that causes the destruction, loss or accidental or illegal alteration of personal data transmitted, preserved or otherwise processed, or unauthorized communication or access to said data.
Personal data will be treated as confidential by the person in charge of the treatment, who undertakes to inform about and guarantee by means of a legal or contractual obligation that said confidentiality is respected by his employees, associates, and any person to whom he makes the information accessible. information.
Rights derived from the processing of personal data
The User has over El Hombre Invierno 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 or not El Hombre Invierno is treating their personal data and, if so, obtain information about their specific personal data and the treatment that El Hombre Invierno has carried out or is carrying out. , as well as, among other things, the information available on the origin of said data and the recipients of the communications made or planned thereof.
Right of rectification: It is the right of the User to have their personal data modified that turns out to be inaccurate or, taking into account the purposes of the treatment, incomplete.
Right of deletion (“the right to be forgotten”): It is the right of the User, provided that current legislation does not establish otherwise, to obtain the deletion of their personal data when they 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 opposes the treatment and there is no other legitimate reason to continue with it; the personal data has been unlawfully processed; personal data must be deleted in compliance with a legal obligation; or the personal data has 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, you must adopt reasonable measures to inform those responsible for processing the personal data of the interested party’s request to delete any link to that personal data.
Right to limitation of treatment: It is the right of the User to limit the processing of their personal data. The User has the right to obtain the limitation of the treatment when he disputes the accuracy of his personal data; the treatment is unlawful; 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 treatment is carried out by automated means, the User will have the right to receive from the Person in charge of the treatment their personal data in a structured format, of common use and mechanical reading, and to transmit them to another person in charge. treatment. Whenever technically possible, the Data Controller will directly transmit the data to that other controller.
Right of opposition: It is the right of the User not to carry out the processing of their personal data or to cease their treatment by El Hombre Invierno.
Right not to be the subject of a decision based solely on automated processing, including profiling: It is the User’s right not to be the subject of an individualized decision based solely on automated processing of their personal data, including the Profiling, existing unless current legislation establishes otherwise.
Thus, the User may exercise their rights by written communication addressed to the Responsible for the treatment with the reference “RGPD-www.elhombreinvierno.com”, specifying:
Name, surname of the User and copy of the DNI. In the cases in which representation is admitted, the identification by the same means of the person representing the User, as well as the document proving the representation, will also be necessary. The photocopy of the DNI may be replaced by any other legally valid means that proves identity.
Request with the specific reasons for the request or information to which you want to access.
Address for notification purposes.
Date and signature of the applicant.
Any document that proves the request you make.
This request and any other attached document may be sent to the following address and / or email:
Calle Larga de San Cristóbal, 1 18010 Granada, Spain
Claims before the supervisory authority
In the event that the User considers that there is a problem or violation of current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a claim with a control authority, in particular, in the State in which you have your habitual residence, place of work or place of the alleged offense. In the case of Spain, the control authority is the Spanish Agency for Data Protection (http://www.agpd.es).
V. COOKIES POLICY
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 after it. However, no cookie allows it to contact 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.
They are those cookies that are sent to the User’s computer or device and managed exclusively by El Hombre Invierno 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 your experience as a User. These cookies allow the User to be recognized as a recurring visitor to the Website and adapt the content to offer content that meets their preferences.
Third party cookies
They are cookies used and managed by external entities that provide El Hombre Invierno with services requested by it 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, that is, 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 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 the highest quality. In any case, the information is collected anonymously and trend reports on the Website are prepared 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. at the following link (s):
The entity (s) in charge of supplying cookies may transfer this information to third parties, as long as it is required by law or it is a third party that processes this information for said entities.
Social media cookies
The Winter Man incorporates plugins of social networks, which allow access to them from the Website. For this reason, social network cookies can be stored in the User’s browser. The owners of these social networks have their own data protection and cookie policies, being themselves, in each case, responsible for their own files and their own privacy practices. The User must refer to them to find out about said cookies and, where appropriate, the processing of their personal data. For informational purposes only, the links where you can consult these privacy and / or cookie policies are indicated below:
Disable, reject and delete cookies
Changes in the Cookies Policy
VI. LINKS POLICY
The User or third party who makes a hyperlink from a web page of another, different, website to the El Hombre Invierno website should know that:
The reproduction – totally or partially – of any of the Contents and / or Services of the Website is not allowed without the express authorization of El Hombre Invierno.
No false, inaccurate or incorrect manifestation is allowed on the El Hombre Invierno 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 El Hombre Invierno.
The establishment of the hyperlink will not imply the existence of relations between El Hombre Invierno and the owner of the website from which it is made, nor the knowledge and acceptance of El Hombre Invierno of the contents, services and / or activities offered on said website, and vice versa.
VII. INTELLECTUAL AND INDUSTRIAL PROPERTY
El Hombre Invierno by himself 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 (by way of example and not exhaustive, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will, therefore, be works protected as intellectual property by the Spanish legal system, being applicable both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and signed by Spain.
All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making them available, of 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 El Hombre Invierno.
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 El Hombre Invierno through the contact information in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.
VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION
El Hombre Invierno reserves the right to file civil or criminal actions that it deems necessary for the improper use of the Website and Contents, or for the breach of these Conditions.
The relationship between the User and El Hombre Invierno will be governed by current regulations and applicable in the Spanish territory. Should any controversy arise in relation to the interpretation and / or application of these Conditions, the parties will submit their conflicts to ordinary jurisdiction, submitting to the corresponding judges and courts in accordance with the law.
Last modification: February 11, 2021