Legal notice and policies
I. General information
In compliance with the duty of information provided for in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of 11 July, the following general information on this website is provided below:
The ownership of this website, www.pablourbina.com, (hereinafter, Website) is held by: Pablo Ortiz de Urbina, with NIF: 72817141S, and whose contact details are: contact @ pablourbina . com
II. General terms and conditions of use
The subject matter of the terms and conditions: The Website
The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Terms and 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).
pablourbina.com 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 pablourbina.com may interrupt, deactivate and/or cancel any of these elements that are integrated 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.
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 according to each case. Given the relevance of the above, the User is recommended to read them every time he/she visits the Website.
The pablourbina.com 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 pablourbina.com that is contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve damage to the rights of third parties or the operation of the Website.
- The truthfulness and legality of the information provided by the User in the forms provided by pablourbina.com for access to certain Contents or Services offered by the Website. In any case, the User will immediately notify pablourbina.com about any fact that allows the improper use of the information registered in these forms, such as, but not only, the theft, loss, or unauthorized access to identifiers and / or passwords, in order to proceed to its immediate cancellation.
The mere access to this Web Site does not imply any kind of commercial relationship between pablourbina.com and the User.
Always in compliance with current legislation, this Web Site pablourbina.com is aimed at all persons, regardless of age, who can access and / or browse the pages of the Web Site.
The Website is primarily intended for Users residing in Spain. pablourbina.com makes no representation that the Website complies with the laws of other countries, either in whole or in part. If the User resides or has its domicile in another place and decides to access and / or browse the Website will do so under his own responsibility, must ensure that such access and navigation complies with local legislation that is applicable, not assuming pablourbina.com any liability that may arise from such access.
III. Access and navigation on the website: exclusion of warranties and liability
pablourbina.com pablourbina.com does not guarantee the continuity, availability and usefulness of the Website, nor of the Content or Services. pablourbina.com will make every effort to ensure the proper functioning of the Website, however, it is not responsible for or guarantee that access to this Website will not be uninterrupted or error free.
Neither does it accept any responsibility or guarantee that the content or software that can be accessed through this Website is free of error or that it will not cause damage to the User’s computer system (software and hardware). Under no circumstances shall pablourbina.com be liable for any loss, damage or harm of any kind arising from accessing, browsing or using the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.
pablourbina.com is also not responsible for any damage that may be caused to users by improper use of this Web Site. In particular, pablourbina.com shall not be liable in any way for any telecommunications failures, interruptions, faults or defects that may occur.
IV. Privacy and data protection policy
Respecting the provisions of current legislation, pablourbina.com undertakes to adopt the necessary technical and organisational 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 27 April 2016 on the protection of individuals 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 controller processing the personal data
The person responsible for the processing of the personal data collected in pablourbina.com: Pablo Ortiz de Urbina, with NIF: 72817141S (hereinafter, also the person responsible for the processing). His contact details are as follows: contact @ pablourbina . com
Register of Personal Data
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by pablourbina.com through the forms provided on its pages will be incorporated and processed in our files in order to facilitate, expedite and fulfil the commitments established between pablourbina.com 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 after fully transparent information on the purposes for which the personal data are collected.
- Purpose limitation principle: personal data shall be collected for specified, explicit and legitimate purposes.
- Principle of data minimisation: the personal data collected will be only that which is strictly necessary for the purposes for which it is processed.
- Principle of accuracy: personal data must be accurate and always up to date.
- Principle of limitation of the storage period: personal data will only be kept in a form that allows the identification of the User for the time necessary for the purposes of their processing.
- Principle of integrity and confidentiality: personal data shall be processed in a manner that ensures their security and confidentiality.
- Proactive accountability principle: the Controller shall be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed by pablourbina.com 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. pablourbina.com 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 due to the fact that they are essential for the correct development of the operation carried out.
Purposes of the processing for which the personal data are used
Personal data are collected and managed by pablourbina.com 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 respond to a request or query.
Likewise, the data may be used for commercial purposes of personalisation, operational and statistical purposes, and for activities related to the corporate purpose of pablourbina.com, as well as for the extraction and storage of data and marketing studies to adapt the Content offered to the User, as well as 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 for which the personal data will be processed, i.e. the use or uses to which the information collected will be put.
Retention periods for 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: 2 years, 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:
OVH HISPANO SL
TAX IDENTIFICATION NUMBER: B-83834747
Registered office: C/ Alcalá 21, 5.ª planta, 28014 Madrid, Spain
Registered in the Mercantile Register of Madrid in volume 19.514, folio 77, section 8, page M-342678.
Contact: 91 758 34 77 – soporte @ ovh . es
OVH HISPANO SL is a subsidiary of OVH GROUPE SA, registered in the RCS of Lille under number 537 407 926 at 2, rue Kellermann, 59100 Roubaix.
OVHcloud y la protección de datos personales
Microsoft Privacy, Microsoft Corporation, One Microsoft Way, Redmond, Washington 98052, EE. UU. Teléfono: +1 (425) 882 8080.
Microsoft Ireland Operations Limited, Atención de: Delegado de protección de datos, One Microsoft Place, South County Business Park, Leopardstown, Dublín 18, Irlanda. Teléfono: +353 1 706 3117
Declaración de privacidad de Microsoft: privacidad de Microsoft
In case the Controller intends to transfer personal data to a third country or international organisation, the User shall 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 an adequacy decision of the Commission.
Personal data of minors
In accordance with the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only persons over the age of 14 may give their consent to the processing of their personal data in a lawful manner by pablourbina.com. 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
pablourbina.com 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 prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorised communication or access to such data.
The Website has an SSL (Secure Socket Layer) certificate, 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 pablourbina.com 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 shall be treated as confidential by the 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 person to whom it makes the information accessible.
Rights arising from the processing of personal data
The User has over pablourbina.com 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 of whether or not pablourbina.com is processing their personal data and, if so, to obtain information about their specific personal data and the processing that pablourbina.com has carried out or is carrying out, as well as, among other things, the information available about the origin of said data and the recipients of the communications made or planned for said data.
- Right of rectification: This is the User’s right to have his/her personal data amended if it proves to be inaccurate or, having regard to the purposes of the processing, incomplete.
- Right of erasure (“the right to be forgotten”): This is the right of the User, unless otherwise provided by law, to obtain the erasure of his or her personal data when the personal data are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other lawful 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 available technology 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 limitation of processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when 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 such other controller.
- Right of opposition: This is the User’s right not to have their personal data processed or to cease the processing thereof by pablourbina.com.
- Right not to be subject to a decision based solely on automated processing, including profiling: This is the right of the User not to be subject to an individualised decision based solely on automated processing of his or her personal data, including profiling, unless otherwise provided for by law.
Therefore, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference “RGPD-pablourbina.com”, specifying:
- Name, surname(s) of the User and copy of ID card. In cases where representation is permitted, it will also be necessary to identify by the same means the person representing the User, 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 specific reasons for the request or information to be accessed.
- Date and signature of the applicant.
- Any document supporting the request you are making.
This application and any accompanying documents may be sent to the following address and/or e-mail address: contact @ pablourbina . com
Links to third party websites
The Website may include hyperlinks or links that allow access to third party websites other than pablourbina.com, and which are therefore not operated by pablourbina.com. 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 are being processed, he/she will 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).
VI. Linking policy
Users are informed that the pablourbina.com 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.
pablourbina.com does not offer or market by itself or through third parties the products and/or services available on such linked sites.
Likewise, it does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property which may be accessed through the links.
pablourbina.com will in no case 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 in the aforementioned linked sites.
pablourbina.com assumes no liability for any damages that may arise from access, use, quality or legality of the content, communications, opinions, products and services of websites not managed by pablourbina.com and that are linked to this Web Site.
The User or third party who makes a hyperlink from a web page of another, different, website to the pablourbina.com Website should 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 pablourbina.com.
No false, inaccurate or incorrect statement about the pablourbina.com Website, nor about the Contents and/or Services of the Website is permitted.
With the exception of the hyperlink, the website on which the hyperlink is established shall not contain any element of this Website that is protected as intellectual property by Spanish law, unless expressly authorised by pablourbina.com.
The establishment of the hyperlink does not imply the existence of a relationship between pablourbina.com and the owner of the website from which it is made, nor the knowledge and acceptance by pablourbina.com of the contents, services and/or activities offered on said website, and vice versa.
VII. Intellectual and industrial property
pablourbina.com itself or as an assignee, owns all intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, 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. By virtue of 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, in any medium and by any technical means, without the authorisation of pablourbina.com, are expressly prohibited without the authorisation of pablourbina.com.
The User undertakes to respect the intellectual and industrial property rights of pablourbina.com. You may view the elements of the Website or even print, copy and store them on the hard disk of your computer or on any other physical medium as long as this is exclusively for your personal use. The User, however, may not remove, alter or manipulate any protection device or security system installed on the Website.
In the event that the User or third party considers that any of the Contents of the Website involves a violation of the rights of protection of intellectual property, you must immediately notify pablourbina.com through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.
VIII. Legal action, applicable law and jurisdiction
pablourbina.com 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 pablourbina.com will be governed by the regulations in force and applicable in the Spanish territory. Should any dispute arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their disputes to the ordinary jurisdiction, submitting themselves to the corresponding judges and courts in accordance with the law.