#1 LEGAL NOTICE

 

0. PURPOSE AND ACCEPTANCE


This Legal Notice regulates the use of the website – www.teresaherge.com, (hereinafter, THE WEB) owned by Teresa Hernández Genís (hereinafter, THE OWNER OF THE WEB).
Navigation through the website of THE OWNER OF THE WEB grants you the condition of USER of the aforementioned site and entails the full and unreserved acceptance of each and every one of the conditions published in this legal notice, making you aware that said conditions may be modified without prior notification by THE OWNER OF THE WEBSITE.
The user undertakes to make correct use of the website in accordance with the laws, good faith, public order, traffic uses and this Legal Notice, and he or she will be liable to THE OWNER OF THE WEB or to third parties, of any damages that may be caused as a result of breach of this obligation.

 

1. IDENTIFICATION AND COMMUNICATIONS


THE OWNER OF THE WEB, in compliance with Law 34/2002, of July 11 on Information Society Services and Electronic Commerce, informs you that:
• Its corporate name is: Teresa Hernández Genís
• Fiscal Identification Number: 40.981.146-E
• Registered office: Av. Meridiana, 307, 6.3. 08027 – Barcelona
If you wish to communicate with us, we have put several means of contact at your disposal which, we detail below:
• Email: info@teresaherge.com
All notifications and communications between the users and THE OWNER OF THE WEB will be considered effective, for all purposes, when they are made through any of the means detailed above.

 

2. CONDITIONS OF ACCESS AND USE


The website and its services are of free and open access. However, THE OWNER OF THE WEB can limit the use of some of the services offered on his/her website to the prior completion of the corresponding form.
The user guarantees the authenticity and timeliness of all data communicated to the OWNER OF THE WEBSITE and will be solely responsible for any false or inaccurate statements made.
The user expressly agrees to make appropriate use of the contents and services of the OWNER OF THE WEB and not to use them to, among others:
a) Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, an apology of terrorism or, in general, contrary to law or public order.
b) Introduce computer viruses on the net or perform actions that may alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of the OWNER OF THE WEBSITE or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of the computer resources through which THE OWNER OF THE WEB renders its services.
c) Try to access the email accounts of other users or restricted areas of the computer systems of the OWNER OF THE WEB or of third parties and, where appropriate, extract information.
d) Infringe the rights of intellectual or industrial property, as well as violate the confidentiality of the information of the OWNER OF THE WEB or of third parties.
e) Impersonate the identity of any other user.
f) Reproduce, copy, distribute, make available to – or any other form of public communication – transform or modify the contents, unless having been given the authorisation of the owner of the corresponding rights or be it legally permitted.
f) Collect data for advertising purposes and send publicity of any kind and communications with sale or other commercial purposes without your prior request or consent.
All the contents of the website, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to the OWNER OF THE WEBSITE, and none of the exploitation rights over them beyond what is strictly necessary for the correct use of the website cannot be understood to be transferred to the user.
In other words, users who access this website can view the contents and, if necessary, authorise private copies provided that the reproduced elements are not subsequently transferred to third parties, nor are installed to servers connected to networks, nor are they subject to any type of exploitation.
Also, all trademarks, trade names or distinctive signs of any kind that appear on the website are the property of the OWNER OF THE WEB, without it being understood that the use or access to them grants any rights over them to the user.
The distribution, modification, assignment or public communication of the contents and any other act that has not been expressly authorised by the owner of the exploitation rights are prohibited.
The establishment of a hyperlink does not imply in any case the existence of relations between THE OWNER OF THE WEB and the owner of the website on which it is established, nor the acceptance and approval by the OWNER OF THE WEB of its contents or services. Those persons who intend to establish a hyperlink must previously request authorisation in writing from THE OWNER OF THE WEB. In any case, the hyperlink will only allow access to the home page or home page of our website, and must refrain from making false, inaccurate or incorrect statements or indications about THE OWNER OF THE WEBSITE, or include illegal content, contrary to good customs and public order.
THE OWNER OF THE WEB is not responsible for the use that each user gives to the materials made available on this website or for the actions he or she performs based on them.

 

3. EXCLUSION OF GUARANTEES AND RESPONSIBILITY FOR ACCESS AND USE


The content of this website is of a general nature and it has a merely informative purpose, without fully guaranteeing access to all contents, or its completeness, correctness, validity or topicality, nor its suitability or usefulness for a specific purpose.
THE OWNER OF THE WEB excludes, to the extent permitted by law, any liability for damages of any kind arising from:
a) The inability to access the website or the lack of veracity, accuracy, completeness and / or timeliness of the contents, as well as the existence of defects of any kinds on the contents transmitted, disseminated, stored, made available, and accessed through the website or the services offered.
b) The presence of viruses or other elements in the contents that may cause alterations in computer systems, electronic documents or user data.
c) Failure to comply with the laws, good faith, public order, traffic uses and this legal notice as a consequence of the incorrect use of the website. In particular, and as an example, THE OWNER OF THE WEB 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 the image itself, as well as the regulations on unfair competition and illicit advertising.
Likewise, THE OWNER OF THE WEB declines any responsibility regarding the information that is published outside this web and it’s 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 by this website.
THE OWNER OF THE WEB does not guarantee or is not responsible for the operation or accessibility of the linked sites; nor suggests, invites or recommends the visit to them, so it will not be responsible for the result obtained. THE OWNER OF THE WEB is not responsible for the establishment of hyperlinks by third parties.

4. PRIVACY POLICY


Who is responsible for the processing of your data?

We use data provided by interested persons to manage different activities derived from specific procedures performed in terms of sales, after sales service, supplier management, quality of services, etc. As such, we will use your data to carry out any of the following actions:

# 1 Send the information you request through the contact form on our website or any other means of contact with our company,

# 2 Facilitate both potential customers and our customers, offers of products and services of interest,

# 3 Conduct the administrative, fiscal and accounting management of our clients and/or suppliers,

# 4 Carry out satisfaction surveys, market studies, etc. in order to be able to offer you the most suitable offers and an optimised service quality, etc.

 

Under no circumstances do we treat specially protected data:

All the aforementioned data have been obtained either directly from you through the presentation of a commercial offer, contractual proposal, etc. or when your company has provided identification data and other information necessary to carry out the purpose of the contractual relationship between the parties. It will be your or your company’s obligation to provide us with updated information in case of modification.

 

What do we use your data for?

We use data provided by interested persons to manage different activities derived from specific procedures performed in terms of sales, after sales service, supplier management, quality of services, etc. As such, we will use your data to carry out any of the following actions:

# 1 Send the information you request through the contact form on our website or any other means of contact with our company,

# 2 Facilitate both potential customers and our customers, offers of products and services of interest,

# 3 Conduct the administrative, fiscal and accounting management of our clients and/or suppliers,

# 4 Carry out satisfaction surveys, market studies, etc. in order to be able to offer you the most suitable offers and an optimised service quality, etc.

 

How long will we keep your data for?

The personal data relating to individuals linked to potential customers, customers and suppliers that we gather through the different contact and/or information collection forms will be kept as long as the deletion is not requested by the interested party. The data provided by our customers and suppliers will be kept while the commercial relationship between the parties is maintained, respecting in any case the minimum legal terms of conservation dictated by the law.

In any case we will keep your personal data during a period of time that is reasonably necessary taking into account our needs to respond to issues that arise or solve problems, make improvements, activate new services and meet the requirements dictated by the applicable law. This means that we can keep your personal information for a reasonable period of time even after you stop using our products or stop using this website. After this period, your personal data will be deleted from all our systems.

 

What are the legitimate reasons for processing your data?

The following are the legal basis for processing your data:

DATA USE

BASIS OF LEGITIMATION

Accounting Management: client and supplier billing management. Maintenance, development and control of the contractual relationship between the parties
Fiscal management: application of withholdings, bonuses, etc. Maintenance, development and control of contractual relationship between the parties, compliance with legal obligations
Administrative management: management of logistics, warehouse, deliveries to the customer, receipt of goods, etc. Maintenance, development and control of the contractual relationship between the parties
Marketing: Commercial actions on our products or services directed to our clients or those persons who have requested relative information in the past from us, including conducting satisfaction surveys to our clients. Free and unequivocal consent of the interested party (potential clients): we make it known that the withdrawal of this consent cannot condition the execution of the contract between the parties; legitimate interest of the company in the promotion and marketing of products or services similar to those obtained or requested by people interested in the past.

 

 

To which recipients will your data be communicated?

We will not give your personal data to any third company that intends to use them in their direct marketing actions, except in the case that you have expressly authorised us to do so.

We inform you that we can provide your personal data to public administration bodies and competent authorities in those cases where they require us legally or in cases where, acting in good faith, we consider that such action is reasonably necessary to comply with a judicial process ; to answer any claim or legal claim; or to protect the rights of the company or its customers and the public in general.

We inform you that your data will not be transferred or communicated to third parties. The company is solely responsible for their treatment and custody.

We will share your personal information to third parties (for instance, Internet service providers that help us manage our website or carry out the contracted services, support and IT maintenance companies, logistics companies, agencies and tax and accounting advice, etc.). In any case, these third parties must maintain, at all times, the same levels of security as we do in relation to your personal data and, when necessary, are bound by legal commitments in order to keep your personal data private and secure , and also to use only the information following specific instructions of the company.

 

Cuáles son sus derechos como interesado:

Anyone has the right to obtain confirmation on whether we are using personal data that concerns them or otherwise.

Interested persons have the right to access their personal data in a common format and mechanised reading if the processing is carried out by electronic means (portability right).

Likewise, interested parties may request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes that were collected.

In certain circumstances, interested parties may request the limitation of the processing of their data, or in certain circumstances and for reasons related to their particular situation, the interested parties may exercise their right to object to the processing of their data. We will stop processing the data, except for compelling legitimate reasons, or the exercise or defence of possible claims or in those exceptions established in the applicable regulations.

Likewise, we inform you that you will also have the right to withdraw the consents granted by you at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal.

The User is informed that at any time he/she can exercise the aforementioned rights by writing to us using the contact information that appears in Exhibit 1 of this Legal Notice, attaching a copy of his/her ID.

You will also have the right to file a claim with the Spanish Data Protection Agency, especially when you have not obtained satisfaction in the exercise of your rights.

http://www.agpd.es/portalwebAGPD/index-ides-idphp.php

On the other hand, in accordance with the provisions of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, we undertake not to send any advertising through email without having previously obtained the express authorisation of the recipient. The User may oppose the sending of advertising by checking the corresponding box.

 

5. PROCEDURE IN THE EVENT OF CARRYING OUT UNLAWFUL ACTIVITIES


In the event that any user or third party considers that there are facts or circumstances that reveal the illicit nature of the use of any content and/or the performance of any activity on the web pages included or accessible through the website, send a notification to THE OWNER OF THE WEBSITE, duly identifying him/herself, specifying the alleged infractions and declaring expressly and under his responsibility that the information provided in the notification is accurate.

For any litigious issue that concerns the website of THE OWNER OF THE WEB, the Spanish legislation will be applicable.

 

6. PUBLICATIONS


The administrative information provided through the website does not replace the legal advertising 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 its authenticity and content. The information available on this website should be understood as a guide with no purpose of legal validity.

#2 COOKIES POLICY

USE OF COOKIES
Access to this Website may involve the use of cookies. Cookies are small units of information that are stored in the browser used by each user so that the server remembers certain information, which allows faster access and improved navigation. Cookies generally have a limited duration in time. No cookie allows contact via your email address or any other means of contact.

 

THIS WEB SITE USES THE FOLLOWING TYPES OF COOKIES:

Own cookies: Those that are sent to the user’s terminal equipment from a computer or domain managed by the editor itself and from which the service requested by the user is provided.

Third party cookies: These are those that are sent to the user’s terminal equipment from a computer or domain that is not managed by the publisher, but by another entity that processes the data obtained through the cookies.

Session Cookies: These are a type of cookies designed to collect and store data while the user accesses a web page.

Persistent Cookies: They are a type of cookies in which the data is stored in the terminal and can be accessed and processed during a period defined by the person responsible for the cookie, which can range from a few minutes to several years.

– Technical and functional Cookies: They are strictly necessary for the use of the site and for the provision of the service.

-Customisation cookies: This type of cookies allows the user to configure the design, language, preferences of the browser.

– Analysis Cookies: Those cookies that are processed by us or by third parties which, allow us to quantify the number of users and thus perform the measurement and statistical analysis of the use made by the users of the service. To do this, we analyse your browsing on our website in order to improve our users’ experience.

This website may use cookies to facilitate navigation and improve the quality of the provision of our services to the user. However, the user can configure his or her equipment to accept or reject the cookies he/she receives (preferences or privacy options of his browser).

 

THE APPLICATION USED FOR ANALYSIS IS:

Google Analytics http://www.google.com/analytics/

Its privacy policy: http://www.google.com/intl/es/policies/

If you prefer not to be tracked by Google Analytics through all websites visit http://tools.google.com/dlpage/gaoptout

The following are the links which will allow you to disable cookies in each browser following their instructions:

– Internet Explorer: http://support.microsoft.com/kb/196955

– Mozilla Firefox: http://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer?redirectlocale=en-US&redirectslug=Cookies

– Google Chrome: https://support.google.com/chrome/answer/95647?hl=en

– Safari 5.1: http://support.apple.com/kb/PH5042

 

For more information about cookies, including how cookies work and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.

#3 BASIC LEGAL CLAUSES

  1. Who is responsible for the processing of your data?
  1. Teresa Hernández Genís40.981.146-EAv. Meridiana, 307, 6.3. 08027 – Barcelonainfo (at) teresaherge.com
    1. For what purpose do we processes your personal data?

    In www.teresaherge.com we process the information provided by interested persons in order to perform the administrative, accounting and fiscal management of the requested services, as well as to send commercial communications about our products and services.

    1. How long will we keep your data?

    The data will be kept as long as the commercial relationship is maintained, and if necessary, during the years needed to comply with any legal obligations.

     

    1. What is the legitimacy for the processing of your data?

    The following are the legal basis for the treatment of your data:

    – Execution of a contract: Provision of requested services

    – Legitimate interest of the person responsible: Sending commercial communications

     

    1. To which recipients will your data be communicated?

    No data will be transferred to third parties, except in case of legal obligation.

     

    1. Transfers of data to third countries

    No data transfers are planned for third countries.

     

    1. What are your rights when you provide us with your data?

    Anyone has the right to obtain confirmation on whether at www.teresaherge.com we are processing personal data concerning them, or not.

    Interested persons have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, if among other reasons, the data is no longer necessary for the purposes that was collected.

    In certain circumstances, interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defence of claims.

    In certain circumstances and for reasons related to their personal circumstances, the interested parties may object to the processing of their data. In this case, www.teresaherge.com will stop processing the data, except for compelling legitimate reasons, or the exercise or defence of possible claims.

    You can materially exercise your rights in the following way: by contacting the email address: info (at) teresaherge.com

    If you have given your consent for a specific purpose, you have the right to withdraw the consent granted at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal.

    In case you feel your rights are violated in relation to the protection of your personal data, especially when you have not obtained satisfaction in the exercise of your rights, you can submit a claim to the competent Data Protection Control Authority through of its website: www.agpd.es.

     

    8. How have we obtained your data?

    The personal data that we process in www.teresaherge.com come from the interested party.

     

    The categories of data processed are:

     

    • Identification data
    • Postal and electronic addresses
    • Commercial information

    Special categories of personal data are not processed (by special we mean data that reveal ethnic or racial origin, political opinions, religious or philosophical convictions, or union affiliation, genetic data, biometric data aimed at univocally identifying a natural person , data related to health or data related to sexual life or sexual orientation of a natural person).