LEGAL WARNING
I. 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 to and use of the Website. For the purposes of these Conditions, the Website shall 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 online services or resources that it may offer to Users (hereinafter, Services).
Mac Anaya reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that Mac Anaya may at any time interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.
Access to the Website by the User is free of charge and, as a general rule, is free of charge without the User having to provide any compensation to be able to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.
The use of any of the Contents or Services of the Website may be done through prior subscription or registration of the User.
The User
Access, navigation and use of the Website, as well as the spaces enabled for interaction between Users, and the User and Mac Anaya, such as comments and/or blogging spaces, confers the status of User, and therefore, from the start of navigation on the Website, all the Conditions established herein are accepted, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be. Given the relevance of the above, the User is recommended to read them each time he or she visits the Website.
The Mac Anaya Website provides a wide variety of information, services and data. The User assumes responsibility for making correct use of the Website. This responsibility shall extend to:
- Use of the information, Content and/or Services and data offered by Mac Anaya that is not contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may result in injury to the rights of third parties or the operation of the Website itself.
- The veracity and legality of the information provided by the User in the forms provided by Mac Anaya for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify Mac Anaya of any event that allows the improper use of the information recorded 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.
Mac Anaya reserves the right to remove any comments and contributions that violate the law, respect for human dignity, that are discriminatory, xenophobic, racist, pornographic, spam, that threaten youth or childhood, public order or security or that, in its opinion, are not suitable for publication.
In any case, Mac Anaya will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.
Mere access to this Website does not imply the establishment of any type of commercial relationship between Mac Anaya and the User.
Always in compliance with current legislation, this Mac Anaya Website is aimed at all people, regardless of their age, who can access and/or browse the pages of the Website.
II. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
Mac Anaya does not guarantee the continuity, availability and usefulness of the Website, or of the Contents or Services. Mac Anaya will do everything possible to ensure the proper functioning of the Website, however, it is not responsible for and does not guarantee that access to this Website will not be interrupted or error-free.
Mac Anaya is not responsible or guarantees that the content or software that may be accessed through this Website is error-free or causes damage to the User's computer system (software and hardware). Under no circumstances will Mac Anaya be liable for any loss, damage or harm of any kind arising from access, browsing and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.
Mac Anaya is not responsible for any damage that may be caused to users due to inappropriate use of this Website. In particular, it is not responsible in any way for any failures, interruptions, lack or defect in telecommunications that may occur.
III. PRIVACY AND DATA PROTECTION POLICY
In compliance with current legislation, Mac Anaya undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.
Laws that this privacy policy incorporates
This privacy policy is adapted to the current Spanish and European regulations regarding the protection of personal data on the Internet. Specifically, it complies with the following rules:
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
- Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
- Royal Decree 1720/2007, of December 21, approving 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 Information Society Services and Electronic Commerce (LSSI-CE).
Personal Data Record
In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Mac Anaya 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 Mac Anaya and the User or the maintenance of the relationship established in the forms that the User fills out, or to respond to a request or query from the User. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in article 30.5 of the GDPR is applicable, a record of processing activities is kept that specifies, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.
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 GDPR:
- Principle of legality, loyalty and transparency: the User's consent will be required at all times after being fully informed of the purposes for which the personal data is collected.
- Principle of purpose limitation: personal data will be collected for specific, explicit and legitimate purposes.
- Data minimisation principle: only the personal data collected will be those strictly necessary in relation to the purposes for which they are processed.
- Accuracy principle: 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 their security and confidentiality.
- Proactive accountability principle: The Data Controller shall be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed by Mac Anaya are only identifying 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. Mac Anaya undertakes to obtain the express and verifiable consent of the User for the processing of his or her 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 to give it. As a general rule, the withdrawal of consent will not affect the use of the Website.
On occasions when the User must or may provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, they will be informed if the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.
Purposes of the processing of personal data
Personal data is collected and managed by Mac Anaya in order to facilitate, expedite and fulfil the commitments established between the Website and the User or to maintain the relationship established in the forms that the latter fills out or to respond to a request or query.
Likewise, the data may be used for commercial purposes of personalization, operation and statistics, and activities related to the corporate purpose of Mac Anaya, 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 personal data is obtained, the User will be informed of the specific purpose or purposes for which the personal data will be processed; that is, the use or uses that will be given to the information collected.
Personal data retention periods
Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 12 months, or until the User requests its deletion.
At the time the personal data is obtained, the User will be informed of the period during which the personal data will be stored 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 Analytics, property of Google, 1600 Amphitheater Parkway, Mountain View, CA, Unites States.
- Meta, 1600 Willow Rd, Menlo Park, California, United States.
- Pinterest, 651 Brannan St, San Francisco, CA 94107, Unites States.
- Twitter, 1355 Market St 900, San Francisco, CA 94103, United States.
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 is obtained, the User will be informed about the third country or international organization to which the personal data is obtained. intention to transfer the data, as well as the existence or absence of an adequacy decision by the Commission.
Personal data of minors
In compliance with the provisions of articles 8 of the GDPR and 13 of the RDLOPD, only those over 14 years of age may give their consent for the lawful processing of their personal data by Mac Anaya. If the person is 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 authorized it.
Confidentiality and security of personal data
Mac Anaya undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of personal data and to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the 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 feedback, is fully encrypted.
However, since Mac Anaya 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 the security of personal data occurs that is likely to entail a high risk for the rights and freedoms of natural persons. Pursuant to Article 4 of the GDPR, a breach of the security of personal data is understood to mean any breach of security leading to the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or to unauthorized communication or access to such data.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform and guarantee by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.
Rights arising from the processing of personal data
The User has over Mac Anaya and may, therefore, exercise the following rights recognized in the GDPR against the Data Controller:
- Right of access : This is the User's right to obtain confirmation of whether or not Mac Anaya is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Mac Anaya has carried out or is carrying out, as well as, among others, the information available about the origin of said data and the recipients of the communications made or planned for them.
- Right to rectification : This is the User's right to have their personal data modified if it is found to be inaccurate or, taking into account the purposes of the processing, incomplete.
- Right to erasure ("the right to be forgotten") : This is the right of the User, unless otherwise provided by current legislation, to obtain the deletion of his/her personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his/her consent to the processing and there is no other legal basis for this; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data have been processed unlawfully; the 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 information society services to a minor under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the technology available and the cost of its implementation, must take reasonable measures to inform those responsible for processing the personal data of the interested party's request to delete any links to said personal data.
- Right to restriction of processing : This is the User's right to limit the processing of his or her personal data. The User has the right to obtain restriction of processing when he or she contests the accuracy of his or her personal data; the processing 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 processing.
- Right to data portability : In the event that the processing is carried out by automated means, the User shall have the right to receive from the Data Controller his/her personal data in a structured, commonly used and machine-readable format, and to transmit them to another data controller. Whenever technically feasible, the Data Controller will transmit the data directly to that other controller.
- Right to object : This is the User's right to prevent the processing of their personal data or to stop the processing of their personal data by Mac Anaya.
- Right not to be not to be subject to a decision based solely on the treatment automated, including profiling : This is the User's right not to be subject to an individualised decision based solely on the automated processing of his or her personal data, including profiling, unless otherwise provided by current legislation.
Therefore, the User may exercise his/her rights by means of written communication addressed to the Data Controller with the reference "RGPD-macanaya.com", specifying:
- Name, surname of the User and copy of the ID. In cases where representation is admitted, identification by the same means of the person representing the User will also be necessary, as well as the document accrediting the representation. The photocopy of the ID may be replaced by any other legally valid means that accredits the identity.
- Request with the specific reasons for the request or information to which you wish to access.
- Address for notifications.
- Date and signature of the applicant.
- Any document that supports the request you are making.
This application and any other attached documents may be sent to the following address and/or email:
Contact email: info@macanaya.com
Links to third party websites
The Website may include hyperlinks or links that allow access to websites of third parties other than Mac Anaya, and which are therefore not operated by Mac Anaya. The owners of said websites will have their own data protection policies, and they themselves will be responsible, in each case, 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 current regulations in the way in which his/her personal data is being processed, he/she will have the right to effective judicial protection and to lodge a claim 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).
Acceptance and changes to this privacy policy
The User must have read and agreed to the conditions regarding the protection of personal data contained in this Privacy Policy, as well as accept the processing of his/her personal data so that the Data Controller can proceed with the processing in the manner, during the periods and for the purposes indicated. Use of the Website implies acceptance of the Privacy Policy of the Website.
Mac Anaya reserves the right to modify its Privacy Policy, at its own discretion, or as a result of a legislative, jurisprudential or doctrinal change by the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is advised to consult this page periodically to be aware of the latest changes or updates.
This Privacy Policy was updated on March 17, 2022 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 with regard to the processing of personal data and the free circulation of these data (RGPD) and to Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD).
IV. COOKIE POLICY
Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User —on the different devices that they may use to browse— so that the server remembers certain information that will subsequently be read only by the server that implemented it. Cookies facilitate browsing, make it more user-friendly, and do not damage the browsing device.
Cookies are automatic procedures for collecting information relating to the preferences determined by the User during his visit to the Website in order to recognise him as a User, and personalise his experience and use of the Website, and may also, for example, help to identify and resolve errors.
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 the visit. However, no cookie allows the cookie to contact the User's telephone number or any other means of personal contact. No cookie can extract information from the User's hard drive or steal personal information. The only way for the User's private information to be part of the Cookie file 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, the Privacy Policy described above will apply to them. In this regard, the User's consent will be required for their use. This consent will be communicated, based on an authentic choice, offered through an affirmative and positive decision, before the initial, removable and documented treatment.
Third party cookies
These are cookies used and managed by external entities that provide Mac Anaya with services requested by the latter 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 analyse browsing information, that is, how the User interacts with the Website.
The information obtained relates, for example, to the number of pages visited, the language, the location from which the IP address from which the User accesses the Website, the number of Users who access it, the frequency and recurrence of visits, the length of the visit, the browser they use, the operator or type of device from which the visit is made. This information is used to improve the Website and to detect new needs in order to offer Users Content and/or service of the highest quality. In any case, the information is collected anonymously and reports on Website trends are prepared without identifying individual users.
You can obtain more information about cookies, privacy information, or consult the description of the type of cookies used, their main characteristics, expiration period, etc. in the following link(s):
Google Analytics:
https://developers.google.com/analytics/devguides/collection/gajs/cookie-usage?hl=es
The entity(ies) responsible for supplying cookies may transfer this information to third parties, provided that this is required by law or a third party processes this information for said entities.
Social media cookies
Mac Anaya incorporates social network plugins, which allow access to social networks from the Website. For this reason, social network cookies may be stored in the User's browser. The owners of these social networks have their own data protection and cookie policies, and are themselves, in each case, responsible for their own files and their own privacy practices. The User must refer to them to obtain information about these cookies and, where applicable, the processing of their personal data. For information purposes only, the links where these privacy and/or cookie policies can 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
Google+: https://policies.google.com/technologies/cookies?hl=es
Pinterest: https://policy.pinterest.com/es/privacy-policy
LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies
Disabling, rejecting and deleting cookies
The User may disable, reject and delete cookies – totally or partially – installed on his/her device by configuring his/her browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures The instructions 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 or she is using. In the event that he or she rejects the use of cookies - either in whole or in part - the User must follow the instructions provided by the Internet browser he or she is using. partially—you may continue to use the Website, although your use of some of its features may be limited.
Changes in the Cookies Policy
The Website's Cookie Policy may change or be updated, so 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.
V. LINK POLICY
Please be advised that the Mac Anaya Website makes or may make available to 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 facilitate Users' search for and access to information available on the Internet, and cannot be considered a suggestion, recommendation or invitation to visit them.
Mac Anaya does not offer or market, either itself or through third parties, the products and/or services available on these linked sites.
Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites not owned by it that may be accessed through the links.
Mac Anaya will in no case review or control the content of other websites, nor does it approve, examine or make its own the products and services, content, files and any other material existing on the aforementioned linked sites.
Mac Anaya assumes no responsibility 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 Mac Anaya and that are linked to this Website.
The User or third party who creates a hyperlink from a web page of another, different, website to the Mac Anaya Website must know that:
Reproduction, in whole or in part, of any of the Contents and/or Services of the Website is not permitted without the express authorization of Mac Anaya.
Any false, inaccurate or incorrect statement regarding the Mac Anaya Website, or its Contents and/or Services, is also not permitted.
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 Mac Anaya.
The establishment of the hyperlink will not imply the existence of relations between Mac Anaya and the owner of the website from which it is made, nor the knowledge and acceptance by Mac Anaya of the contents, services and/or activities offered on said website, and vice versa.
VI. INTELLECTUAL AND INDUSTRIAL PROPERTY
Mac Anaya, by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, brands or logos, colour 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, and both Spanish and European regulations in this field will be applicable to them, as well as international treaties relating to the subject matter and signed by Spain.
All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorization of Mac Anaya, is expressly prohibited.
The User undertakes to respect the intellectual and industrial property rights of Mac Anaya. The User may view the elements of the Website or even print, copy and store them on the hard drive of his/her computer or any other physical medium, provided that this is exclusively for his/her personal use. The User, however, may not delete, alter or manipulate any protection device or security system installed on the Website.
In the event that the User or a third party considers that any of the Contents of the Website constitutes a violation of intellectual property rights, they must immediately notify Mac Anaya using the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.
VII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION
Mac Anaya reserves the right to take any civil or criminal action it deems necessary for improper use of the Website and Contents, or for failure to comply with these Conditions.
The relationship between the User and Mac Anaya shall be governed by the regulations in force and applicable in Spanish territory. If any dispute arises in relation to the interpretation and/or application of these Conditions, the parties shall submit their conflicts to the ordinary jurisdiction, submitting to the judges and courts that correspond according to law.