LEGAL NOTICE AND PRIVACY POLICY

LEGAL NOTICE

Legal information and acceptance
These provisions regulate the use of the Internet portal service (hereinafter, the ‘Portal’) that MACARENA REAL GIL makes available to Internet users.

MACARENA REAL GIL with registered office in Edif. Club Nautico, Local 1. Estepona. Malaga. C.P. 29680. Telephone: 952155579. E-mail: info@buceoestepona.com and C.I.F. 28897008S

Access to the website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users. Certain services are exclusive for our clients and their access is restricted.

The use of the Portal attributes the condition of user of the Portal (hereinafter, the ‘User’) and implies the acceptance of all the conditions included in this Legal Notice. The provision of the Portal service has a limited duration at the moment in which the User is connected to the Portal or to any of the services that are provided through it. Therefore, the User must carefully read this Legal Notice in each of the occasions in which it intends to use the Portal, since this and its conditions of use contained in this Legal Notice may be modified.

Some Portal services accessible to Internet users or exclusive to MACARENA REAL GIL clients may be subject to particular conditions, regulations and instructions that, where appropriate, substitute, complete and / or modify this Legal Notice and that must be accepted by the User before starting the provision of the corresponding service.

Intellectual and industrial property
All the contents of the Portal, understood by these as merely enunciative texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes (hereinafter, the ‘ Content ‘), are the intellectual property of MACARENA REAL GIL or third parties, without which any of the exploitation rights recognized by the current regulations on intellectual property may be transferred to the User, except for those that are strictly necessary for the user. Use of the Portal.

The trademarks, trade names or distinctive signs are the property of MACARENA REAL GIL or third parties, without it being understood that access to the Portal confers any rights over the said trademarks, trade names and / or distinctive signs.

All information received on the web, such as comments, suggestions or ideas, will be considered to be transferred to MACARENA REAL GIL free of charge. Information that CAN NOT be treated in this way should not be sent.

All products and services on these pages that are NOT owned by MACARENA REAL GIL are registered trademarks of their respective owners and are recognized as such by our company. They only appear on the MACARENA REAL GIL website for the purposes of promotion and information gathering. These owners can request the modification or elimination of the information that belongs to them.

 

Terms of use of the portal
3.1 General

The User undertakes to make correct use of the Portal in accordance with the Law and this Legal Notice. The User will be liable to MACARENA REAL GIL or third parties for any damages that may be caused as a result of breach of this obligation.

It is expressly forbidden to use the Portal for harmful purposes of goods or interests of MACARENA REAL GIL or third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software ) of MACARENA REAL GIL or third parties.

 

3.2 Contents

The User agrees to use the Contents in accordance with the Law and this Legal Notice, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.

With a merely enunciative character, the User in accordance with current legislation must refrain from:

Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents except in cases authorized by law or expressly consented by MACARENA REAL GIL. or by who holds the ownership of the exploitation rights in his case.

Reproduce or copy for private use the Content that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as its public communication or made available to third parties when these acts necessarily imply reproduction by of the User or a third party.

Extract and / or reuse all or a substantial part of the Contents of the Portal as well as the databases that MACARENA REAL GIL makes available to Users.

3.3 Data collection forms

Notwithstanding the provisions of clause 5 of this Legal Notice, as well as the privacy policies accessible from the Portal and that may be applicable at any time, the use of certain services or requests addressed to MACARENA REAL GIL are conditioned on the prior completion of the corresponding User registration.

All the information provided by the User through the Portal forms for the above purposes or any other must be true. For these purposes, the User guarantees the authenticity of all the data communicated and will keep the information provided to MACARENA REAL GIL perfectly updated so that it responds, at all times, to the real situation of the User. In any case, the User shall be solely responsible for the false or inaccurate statements made and the damages caused to MACARENA REAL GIL or third parties for the information provided.

To ensure the quality of our website, we reserve the right to refuse any registration request or to suspend or cancel a previously accepted registration if we understand that it does not meet these requirements or any other law or regulation. If this happens, we will try to explain the reasons for our decision, but we can not commit to doing so in all cases.

3.4 Introduction of links to the Portal

The Internet user who wants to introduce links from their own web pages to the Portal must comply with the conditions that are detailed below without their ignorance of them avoiding the responsibilities derived from the Law:

The link will only link to the home page or main page of the Portal but will not be able to reproduce it in any way (online links, copy of the texts, graphics, etc).

In any case, it shall be prohibited, in accordance with the applicable legislation and in force at any time, to establish frames or frames of any kind that involve the Portal or allow the display of the Contents through Internet addresses other than those of the Portal and, in Any case, when viewed together with contents outside the Portal so that: (I) produce, or may produce, error, confusion or deception in users about the true origin of the service or Content; (II) suppose an act of comparison or unfair imitation; (III) serves to take advantage of the reputation of the brand and prestige of MACARENA REAL GIL; or (IV) in any other way is prohibited by current legislation.

There will be no false, inaccurate or incorrect manifestation of MACARENA REAL GIL, its partners, employees, clients or the quality of the services it provides.

In no case, will be expressed on the page where the link is located that MACARENA REAL GIL has given its consent for the insertion of the link or that otherwise sponsors, collaborates, verifies or supervises the services of the sender.

The use of any word, graphic or mixed mark or any other distinctive sign of MACARENA REAL GIL within the sender’s page is prohibited except in the cases permitted by law or expressly authorized by MACARENA REAL GIL and whenever allowed, in these cases, a direct link to the Portal in the manner established in this clause.

The page that establishes the link must faithfully comply with the law and can not in any case dispose of or link to its own content or that of third parties that: (I) are illegal, harmful or contrary to morals and good customs (pornographic, violent, racists, etc.); (II) induce or may induce in the User the false conception that MACARENA REAL GIL subscribes, endorses, adheres or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or not relevant to the activity of MACARENA REAL GIL in attention to the place, contents and subject of the web page of the sender.

Exclusion of responsibility
4.1 Information

Access to the Portal does not imply an obligation on the part of MACARENA REAL GIL to verify the veracity, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of a legal advice service or of any kind, reason why such information is insufficient for personal or business decisions made by the User.

MACARENA REAL GIL is not responsible for the decisions taken from the information provided on the Portal or for any damages caused to the User or third parties due to actions based solely on the information obtained on the Portal.

4.2 Quality of service

Access to the Portal does not imply the obligation of MACARENA REAL GIL to control the absence of viruses, worms or any other harmful computer element. It corresponds to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.

MACARENA REAL GIL is not responsible for any damage caused to the computer equipment of the Users or third parties during the provision of the Portal service.

4.3 Of the availability of the Service

Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and functioning does not correspond to MACARENA REAL GIL Therefore, the services provided through the Portal may be suspended, canceled or be inaccessible, prior or simultaneous to the provision of the Portal service.

MACARENA REAL GIL is not responsible for any damages or losses of any kind caused to the User that result in failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Portal service during the provision of the same or with character previous.

4.4 Of the contents and services linked through the Portal

The access service to the Portal includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, MACARENA REAL GIL acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of July 12, on Services of the Information Society and Electronic Commerce (LSSI) and will only be responsible for the contents and services provided in the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content may communicate to MACARENA REAL GIL in accordance with the procedure and effects set out in clause 6, without in any case this communication entails the obligation to withdraw the corresponding link.

In any case, the existence of Linked Sites must presuppose the existence of agreements with the managers or owners thereof, or the recommendation, promotion or identification of MACARENA REAL GIL with the demonstrations, content or services provided.

MACARENA REAL GIL does not know the contents and services of the Linked Sites and therefore is not responsible for the damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites or by any other damage that is not directly attributable to MACARENA REAL GIL

Personal data protection
The data collected through the data collection forms of the Portal will be incorporated into an automated data file of a personal nature for which MACARENA REAL GIL is responsible. This entity will treat the data in a confidential manner and with the purpose set out in the files registered with the Spanish Data Protection Agency for this purpose. Likewise, MACARENA REAL GIL will cancel, erase and / or block the data when they are inaccurate, incomplete or no longer necessary or relevant for their purpose, in accordance with the provisions of the legislation on data protection.
By clicking the “send” button “subscribe”, the User consents to MACARENA REAL GIL to send information by email or by any other means. However, the User may object to the sending of such communications in writing with a copy of his N.I.F. to the address Edif. Club Nautico, Local 1. Estepona. Malaga. C.P. 29680. Likewise, in each of the communications shipments, the procedure authorized to oppose successive shipments will be expressly indicated.

In the data collection forms, the fields marked with an asterisk are obligatory, so in the event that the User does not provide the corresponding data, MACARENA REAL GIL may, in its sole discretion, deny the corresponding service.

The User may revoke the consent given and exercise the rights of access, rectification, cancellation and opposition by going to that effect to the address indicated in clause 1, for it must indicate name, surnames, in addition to his photocopy of ID.

Here you can find the models for it

MACARENA REAL GIL adopts the levels of security required by the Regulation of Security Measures approved by Royal Decree 1720/2007 begin_of_the_skype_highlightingend_of_the_skype_highlighting, of December 21, which approves the Regulation of development of the Organic Law 15/1999, of 13 December, Protection of Personal Data. Notwithstanding the foregoing, technical security in a medium such as the Internet is not impregnable and there may be leaks due to fraudulent actions by third parties.

MACARENA REAL GIL may use cookies during the provision of the Portal service. Cookies are automatic procedures for collecting information related to the preferences determined by a user during his visit to a certain web page. This information is recorded in small files that are stored in the computers of the corresponding user in an imperceptible way. Each time the user returns to access the website in question these files are automatically activated so that the website is configured with the preferences indicated in previous visits. In short, cookies are physical files of personal information housed in the user’s own terminal and unambiguously associated with this terminal. Cookies can not read cookie files created by other providers.

The User has the possibility of configuring his browser program in such a way that the creation of cookie files is prevented or warned of the moment in which this occurs. The Portal is accessible without the need to activate the options relating to cookie files, although they may prevent the proper functioning of security mechanisms for exclusive services or certain services that require greater security. As a general rule, the purpose of the cookie files of the Portal is to facilitate the navigation of the User.

The server that transmits and activates the automatic collection procedures has a validity period of 12 months, after which the cookie files are automatically deleted.

Communication of illicit and inappropriate activities
In the event that the User or any other Internet user were aware that the Linked Sites refer to pages whose contents or services are illegal, harmful, degrading, violent or contrary to morality, they may contact MACARENA REAL GIL indicating the following extremes:

Personal data of the caller: name, address, telephone number and email address;

Description of the facts that reveal the illicit or inappropriate nature of the Linked Site;

In the case of violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when he is a person other than the communicating party.

It must also provide the title that proves the legitimacy of the owner of the rights and, where appropriate, the representation to act on behalf of the owner when the person is different from the communicating party;

Express statement that the information contained in the claim is accurate.

The reception by MACARENA REAL GIL of the communication provided in this clause will not imply, according to the provisions of the LSSI, the effective knowledge of the activities and / or contents indicated by the communicator.

It must also provide the title that proves the legitimacy of the owner of the rights and, where appropriate, the representation to act on behalf of the owner when the person is different from the communicating party; Express statement that the information contained in the claim is accurate.

The reception by MACARENA REAL GIL of the communication provided in this clause will not imply, according to the provisions of the LSSI, the effective knowledge of the activities and / or contents indicated by the communicator.

Notifications
All notices and communications made by the parties will be valid in accordance with the means admitted by Law. Those related to this Portal will be considered effective, for all purposes, if they are made through the Portal itself.

 

Modifications
MACARENA REAL GIL reserves the right to carry out without prior notice the modifications it deems appropriate on its website, being able to change, delete or add both the contents and services provided through it and the way in which they appear presented.

On the other hand, these terms and conditions may change at any time. The modifications will take effect from the moment of their publication.

Legislation
This Legal Notice is governed in each and every one of its extremes by Spanish law. For any litigation that may arise related to the website or the activity that develops there will be competent Courts of Estepona, the user expressly waiving any other jurisdiction that may correspond.

 

PRIVACY POLICY

This legal text gives you details of how we collect and process your personal data through the use of our website www.buceoestepona.com, including any information you can provide us through the site when contracting a service or buying a product, Provide your contact information through the form enabled for this purpose.
By providing us with the data, we inform you that our services are not possible for those people whose regulations prevent them from giving consent, so when you send us the forms, you guarantee that you have sufficient capacity to grant consent.
Responsible for the treatment.
Contact details of the person in charge: Macarena Real Gil. N.I.F .: 28897008S and address in Edif. Club Náutico, Local 1. Estepona. C.P .: 29680. Malaga and email info@buceoestepona.com
MACARENA REAL GIL, is responsible for your data. (Hereinafter we or our).
What data do we collect?
The General Data Protection Regulation tells us that personal data is all information about an identified or identifiable natural person, that is, all the information capable of identifying a person. This would not include anonymous or percentage data.
On our website we can process certain types of personal data, which may include:
Identity data: name, surname.
Contact information: email.
Economic data: card data.
Profile data: username and password, comments.
We do not collect any data related to special categories of personal data (those that reveal their ethnic or racial origin, political opinions, religious or philosophical beliefs, union affiliation and health information, genetic or biometric data).
In case you are asked to collect personal data by law or according to the terms of contract between us and you refuse to provide it to us, we may not be able to make such a contract or provide the service, and must inform us in advance.
How do we collect your personal data?
The means we use to collect personal data are:
Through the form on our website, through our contact email, by phone or postal mail, when:
Contract the provision of our services or products
Send your comments

To ensure the quality of our portal, we have the right to refuse any registration request or to suspend or cancel a previously accepted registration if we understand that it does not meet these requirements or any other law or regulation. If this happens, we will try to explain the reasons for our decision, but we cannot commit to doing so in all cases.

Through automated technology or interactions: on our site we can automatically collect technical data about your equipment, navigation actions and usage patterns. This data is collected through cookies or similar technologies. If you want more information, you can check our cookies policy here (link)
Through third parties:
Google: analytical data or search data. Outside the European Union.

Purpose and legitimacy for the use of your data.
The most common uses of your personal data are:
For the formalization of a contract between MACARENA REAL GIL and you.
When you consent to the processing of your data
When we need them to comply with a legal or regulatory obligation
When necessary for our legitimate interest or that of a third party.
The User may revoke the consent given at any time by sending an email to info@buceoestepona.com or by consulting the section on exercising rights later.
Below we attach a table in which you can consult the ways in which we will use your personal data and the legitimacy for its use, in addition to knowing what type of personal data we will treat. We can process some personal data for some additional legal reason, so if you need details about it you can send an email to info@buceoestepona.com

Purpose Type of data Legitimacy for processing
To request information through the contact form Name
Email Consent of the interested party
To make the purchase of a product or service
Name
Surnames
Direction
Phone
E-mail
Card payment
Consent of the interested party
Legitimate interest
Compliance with a contractual or pre-contractual obligation
To register as a user on our website
E-mail
Password
Consent of the interested party
Compliance with a contractual or pre-contractual obligation
Legitimate interest
To access the private area
Username
Password
Consent of the interested party
Compliance with a contractual or pre-contractual obligation
Legitimate interest

To leave a comment on our website Name
Email Consent of the interested party

Purpose: We will only use your data for the purposes for which we collect it, unless we reasonably consider that we must use it for another reason, notifying you previously so that you are informed of the legal reason for its processing and as long as the purpose is compatible with the purpose original.
Conservation period: They will be kept for the time necessary to fulfill the purpose for which they were collected and to determine the possible responsibilities that could arise from said purpose and the processing of the data. The provisions of the different regulations regarding the term of conservation shall apply, in what is applicable to this treatment.
Subscriber data by e-mail or form: From when the user subscribes until they unsubscribe.
Your Rights in Data Protection
How to exercise these rights? Users may send a communication to the registered office of MACARENA REAL GIL or email address info@buceoestepona.com, including in both cases a photocopy of their ID or other similar identification document, to request the exercise of the following rights:
Access to your personal data: you can ask MACARENA REAL GIL if you are using your personal data.
To request their rectification, if they were not correct, or to exercise the right to be forgotten with respect to them.
To request the limitation of the treatment, in this case, they will only be kept by MACARENA REAL GIL for the exercise or defense of claims
To oppose its treatment: MACARENA REAL GIL will let you process the data in the manner you indicate, unless for legitimate reasons or for the exercise or defense of possible claims, these must continue to be treated.
To the portability of the data: in case you want your data to be treated by another firm, MACARENA REAL GIL, it will facilitate the portability of your data to the new person in charge.
You can use the models made available by the Spanish Agency for Data Protection, to exercise your previous rights: Here
Claim before the AEPD: if you consider that there is a problem with the way MACARENA REAL GIL is treating your data, you can direct your claims to the corresponding control authority, being in Spain, the competent one for it: Spanish Agency for Data Protection .
We may have to request specific information to help us confirm your identity and guarantee your right to access your personal data (or exercise any other of the rights mentioned above). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
All applications are solved within the legal period indicated 1 month. However, it can take us more than a month if your request is particularly complex, or if you have already performed a series of actions previously. In this case, we will notify you and keep you updated.
Access to personal data for service provision
It is possible that, in the performance of our work, we need the help of third parties (in charge of treatment), who only process the data to provide the contracted service, and with which we have the corresponding measures to guarantee their rights:
Service providers that provide systems management and information technology services.
Professional advisors that include lawyers, auditors and insurers that provide banking, legal, insurance and accounting consulting services
All data controllers to whom we transfer your data will respect the security of your personal data and will treat it according to the GDPR.
We only allow those managers to process your data for certain purposes and in accordance with our instructions. However, you can request, in compliance with the transparency, a list of who are these companies that provide services to us, you can do so by email: info@buceoestepona.com
Data Security
We have implemented the appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized manner, modified or disclosed. In addition, we limit access to your personal data to those employees, contracting agents and other third parties who have a commercial need to know such data. They will only process your personal data according to our instructions and will be subject to a duty of confidentiality.
We have implemented procedures to deal with any suspected violation of your personal data and we will notify you and the Control Authority in the event that it occurs, as is regulated in the GDPR in its articles 33 and 34, a security breach.
Update: Version 1.4
March 2019