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Legal notice

LEGAL NOTICE AND GENERAL TERMS OF USE

www.canigo.eu

  1. GENERAL INFORMATION
  2. GENERAL TERMS AND CONDITIONS OF USE

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND RESPONSIBILITY

  1. PRIVACY POLICY AND DATA PROTECTION
  2. COOKIES POLICY

VI.V. LINKS POLICY

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

  1. 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 on this website are provided below:

The ownership of this website, www.canigo.eu, (hereinafter, Website) is held by: Fustes Uri S.L., with VAT No.: B-10903979 and registered in: Registered in the Tarragona, whose representative is: Antonio Loaisa Domene, and whose contact details are:

Address: C/Raval Sant Pere 42, 43470 La selva del camp (Tarragona) Contact number: (+34) 696 41 38 60 Email address: info@canigo.eu

  1. GENERAL TERMS AND CONDITIONS OF USE

The object of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate 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).

CANIGÓ reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services contained therein. The User acknowledges and accepts that CANIGÓ may interrupt, deactivate and/or cancel any of these elements contained in the Website or the access to them at any time.

Access to the Website by the User is free, as a general rule, without the User having to provide a compensation to be able to use it, except for the connection charge to the telecommunications network provided by the access provider hired by the User.

The use of some of the Website’s Contents or Services may be only possible through the subscription or prior registration of the User.

The User

Access, navigation and use of the Website, as well as the spaces enabled to interact between Users, and between the User and CANIGÓ, such as the comments and/or blogging areas, confers the condition of User, therefore, from the moment the User starts browsing the Website, all Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations depending on the case. Given the relevance of the foregoing, the User is recommended to read them each time he/she visits the Website.

The CANIGÓ Website provides a great diversity of information, services, and data. The User takes full responsibility for making a correct use of the Website. This responsibility will extend to:

  • A use of the information, Contents and/or Services and data offered by CANIGÓ without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may imply infringements of third parties’ rights or of the Website’s operation.
  • The veracity and legality of the information provided by the User in the forms issued by CANIGÓ for the access to certain Content or Services offered by the Website. In any case, the User will immediately notify CANIGÓ about any fact that allows the improper use of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.

CANIGÓ 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, order or public safety or that, in its opinion, are not suitable for publication.

In any case, CANIGÓ 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 kind of commercial relationship between CANIGÓ and the User.

Always in compliance with current legislation, this CANIGÓ Website is aimed at all people, regardless of their age, who may access and/or browse the pages of the Website.

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND RESPONSIBILITY

CANIGÓ does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. CANIGÓ will make every effort for the proper functioning of the Website, however, accepts no liability nor does guarantee that access to this Website will not be uninterrupted or error-free.

CANIGÓ is also not liable nor does guarantee 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). Under no circumstances CANIGÓ shall be responsible for losses, damages or injury 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 virus infection.

CANIGÓ 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 system failures, interruptions, lack or defect of telecommunications that may occur.

  1. PRIVACY POLICY AND DATA PROTECTION

CANIGÓ undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws included in this privacy policy

This privacy policy is adapted to current Spanish and European regulations regarding the protection of personal data on the Internet. Specifically, it respects the following rules:

  • 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 and free circulation of personal data (RGPD).
  • Organic Law 3/2018, of December 5, on the Protection of Personal Data and respect 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 Data Controller

The Controller of the personal data collected in CANIGÓ is: Fustes Uri S.L., with VAT No.: B-10903979 and registered in: Registered in the Tarragona, whose representative is: Antonio Loaisa Domene (hereinafter, also Data Controller). His contact details are as follows:

Address: C/Raval Sant Pere 42, 43470 La selva del camp (Tarragona) Contact number: (+34) 696 41 38 60 Email address: info@canigo.eu

Record of Personal Data

In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by CANIGÓ through the forms on its pages will be incorporated and processed in our files in order to facilitate, expedite and fulfill the commitments established between CANIGÓ and the User, as well as to maintain the relationship established in the forms filled out by the User, or to respond to a request or query from the same. 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 processing activities will be kept in which it will be specified, according to their 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 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 to completely transparent information of the purposes for which the personal data are collected.
  • Principle of purpose limitation: 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 processing.
  • 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 processed in CANIGÓ are only data with identifying purposes. In no case are special categories of personal data processed within the meaning 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. CANIGÓ 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 his/her consent at any time.

It shall be as easy to withdraw as to give consent. As a general rule, the withdrawal of consent will not condition the use of the Website.

On the occasions in which the User can or must provide his/her data through forms to make inquiries, request information or for reasons related to the content of the Website, he/she will be informed if the completion of any of the data is mandatory for the correct development of the operation carried out.

Purposes of the processing for which the personal data are intended

Personal data are collected and managed by CANIGÓ in order to facilitate, expedite and fulfill the commitments established between the Website and the User or to maintain 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 a commercial, personalization, operational and statistical purpose, and activities of the corporate purpose of CANIGÓ, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve 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 for which the personal data will be used; that is to say, of 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 years, or until the User requests its deletion.

When the personal data are 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 be shared with the following recipients or categories of recipients:

Google, Inc. 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA

In the event that the Data Controller intends to transfer personal data to a third country or international organization, at the time the personal data are obtained, the User will be informed about the third country or international organization to which the data are intended to be transfered, as well as the existence or absence of an adequacy decision from the European Commission.

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 CANIGÓ. If the User is 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.

Retention periods of personal data

CANIGÓ undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in such a way to guarantee security of personal data, and avoid accidental or illegal destruction, loss or alteration of personal data transmitted, stored or otherwise processed, as well as prevent unauthorized communication or access to such 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 mode, fully encrypted or encrypted.

However, because CANIGÓ cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller agrees to notify the User without undue delay when it takes place a violation of the security of personal data that is likely to pose 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, stored or otherwise processed, or the unauthorized communication or access to said data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform about and guarantee through a legal or contractual obligation that said confidentiality is respected by its employees, associates, and any person to whom the data is accessible.

Rights derived from the processing of personal data

The User has over CANIGÓ and may, therefore, exercise the following rights recognized in the RGPD with the Data controller:

  • Right of access: It is the User’s right to obtain confirmation of whether or not CANIGÓ is treating their personal data and, if so, to obtain information about their specific personal data and the treatment that CANIGÓ has carried out or is carrying out, as well as, among other things, of 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 User’s right to be able to ask for the modification of his/her personal data that are inaccurate or, taking into account the purposes of the treatment, incomplete.
  • Right to erasure (“the right to be forgotten”): It is the User’s right, provided that current legislation does not establish otherwise, to have their personal data deleted when they are no longer necessary for the purposes for which they were collected or processed; The User has withdrawn his/her 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 have been obtained as a result of a direct offer of services of the information society 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, must adopt reasonable measures to inform the controllers who are processing the personal data of the interested party’s request to delete any link to those personal data.
  • Right to limitation of processing: It is the User’s right to limit the processing of their personal data. The User has the right to limit the processing when disputing the accuracy of their personal data; the treatment is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to 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 their data from the Data controller in a uniform structured electronically-readable and treatable format, and to transmit them to another Data Controller. Whenever technically possible, the Data Controller will directly transmit the data to that other controller.
  • Right of opposition: It is the User’s right not to execute the usage of their personal data, or cease to it.
  • 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 the automated processing of their personal data, including profiling, existing unless current legislation establishes otherwise.

Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference “RGPD-www.canigo.eu”, specifying:

  • User’s name and surname and copy of the ID card. In the cases in which representation is admitted, it will also be necessary to identify the person representing the User by the same means, as well as the document certifying such representation. The ID card photocopy may be replaced by any other legally valid means that proves identity.
  • Application with the specific reasons for the request or information that needs to be accessed.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document that proves the request made.

This request and any other attached document may be sent to the following address and/or email:

Postal address: C/Europa 1, nave 11 43120 Constantí (Tarragona) Email address: info@canigo.eu

Links to third party websites

The Website may include hyperlinks or links that allow access to third party websites other than CANIGÓ, and that therefore are not operated by CANIGÓ. The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

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 are being processed, they will have the right to effective judicial protection and to file a claim before a supervisory authority, in particular, in the State in which they have their habitual residence, place of work or place of the alleged offense. In the case of Spain, the supervisory authority is the Spanish Agency for Data Protection (http://www.agpd.es).

Acceptance and changes in this privacy policy

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as that they accept the processing of their personal data so that the Data Controller for the treatment can proceed to process them in the form, during the periods and for the purposes indicated. The use of the Website will imply the acceptance of its Privacy Policy.

CANIGÓ reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Agency for Data Protection. Changes or updates to this Privacy Policy will be explicitly notified to the User.

This Privacy Policy was updated on May 12, 2020 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons in terms of personal data processing and free circulation (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and respect of digital rights (LOPD)

  1. COOKIES POLICY

Access to this Website may involve the use of cookies. Cookies are small information files that are stored in the browser used by each User —in the different devices that they can use to navigate— so that the server remembers certain information that only the server that created the cookie may subsequently read. Cookies facilitate navigation, make it more friendly, and do not damage the navigation device.

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 be contacted with the User’s phone number or with 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 private user information will form part of a cookie is for the user to personally provide that information to the server.

Cookies that allow a person to be identified are considered personal data.  Therefore, they will be subject to the Privacy Policy described above. In this sense, for the use of the same will be necessary the consent of the User.  This consent will be communicated, on the basis of an authentic choice, offered through an affirmative and positive decision, before the initial treatment, removable and documented.

Own Cookies

These are those cookies that are sent to the User’s computer or device and managed exclusively by CANIGÓ for the best functioning of the Web Site. The information that is collected is used to improve the quality of the Website and its Content and the User’s experience. These cookies enable the User to be recognised as a recurring visitor to the Web Site and to adapt the content to offer him/her content that suits his/her preferences.

Third party cookies

These are cookies used and managed by external entities that provide CANIGÓ with services requested by it to improve the Website and the user’s 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 User’s IP address location, the number of Users who access, the frequency and recurrence of visits, the visit duration, the browser they use, the carrier’s network 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 reports about trends on the Website are created 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):

Google, Inc, 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA. Mailchimp – The Rocket Science Group LLC, Georgia, USA

The entity(ies) in charge of the provision of cookies may transfer this information to third parties, as long as it is required by law or a third party is processing the information for said entities.

Social network cookies

CANIGÓ incorporates social network plugins, which allow access to them from the Web Site. 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, and in each case they themselves are responsible for their own files and their own privacy practices. The User must refer to them for information about these cookies and, where appropriate, the processing of their personal data.  For information purposes only, the links in which these privacy and/or cookie policies may be consulted are indicated below:

Facebook: https://www.facebook.com/policies/cookies/

Twitter: https://twitter.com/es/privacy

Instagram: https://help.instagram.com/1896641480634370?ref=ig

Youtube: https://policies.google.com/privacy?hl=es-419&gl=mx

Pinterest: https://policy.pinterest.com/es/privacy-policy

LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies

Disable, decline, and delete cookies

The User can disable, reject and delete the cookies – totally or partially – installed on his/her device by means of the configuration of his/her browser (among which there are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must refer to the instructions provided by the Internet browser he/she is using. In the event that he/she refuses the use of cookies – in whole or in part – he/she may continue to use the Website, although he/she may have limited use of some of its features.

Changes in the Cookies Policy

It is possible that the Cookies Policy of the Website changes or is updated, therefore it is recommended that the User review this policy each time they access the Website in order to be adequately informed about how and why we use cookies.

  1. LINKS POLICY

CANIGÓ Website makes or can make available to Users means of link (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 the information available on the Internet, without it being considered a suggestion, recommendation or invitation to visit them.

CANIGÓ does not offer or commercialise for itself, or through a third party the products and/or services available on said linked sites.

Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.

CANIGÓ in no case will 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 on the aforementioned linked sites.

CANIGÓ does not assume any responsibility for damages that may occur due to the access, use, quality or legality of the contents, communications, opinions, products and services of the websites not managed by CANIGÓ and that are linked on this Website.

The User or third party who makes a hyperlink from a web page of another – different – website to the CANIGÓ Website must know that:

The reproduction – total or partial – of any of the Contents and/or Services of the Website is not allowed without the express authorization of CANIGÓ.

No false, inaccurate or incorrect manifestation is allowed on the CANIGÓ 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 CANIGÓ.

The establishment of the hyperlink will not imply the existence of relations between CANIGÓ and the owner of the website from which it is made, nor the knowledge and acceptance of CANIGÓ of the contents, services and/or activities offered on said website, and vice versa.

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

CANIGÓ by itself 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 (including without limitation, images, sound, audio, video, software or texts, brands 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 means of making available, fully or partially, the contents of this web page, for commercial purposes, are expressly prohibited, in any support and by any technical means, without the authorization of CANIGÓ.

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 CANIGÓ through the contact information in the GENERAL INFORMATION section of this Notice Legal and General Conditions of Use.

VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

CANIGÓ reserves the right to file the civil or criminal actions 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 CANIGÓ will be governed by current regulations and applicable in the Spanish territory. If any controversy arises 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.

Modified on May 12, 2020

© Todos los derechos reservados a Canigó