MALLORCA RESIDENCIA SL – Legal Disclaimer

 

1.)   IDENTIFICATION:

 

The present legal advice regulates the use of the website www.mallorcafastigheter.com / www.mallorcaresidencia – and the subdomains of www.mallorcaresidencia – ( further on referred to as THE WEB), the owner of which is MALLORCA RESIDENCIA SL (further on referred to as the OWNER OF THE WEB).

 

The OWNER OF THE WEB in compliance with the Spanish law 34/2002 11 June regarding social services and information and Internet commerce, informs you that:

Its social denomination is: MALLORCA RESIDENCIA SL

Its commercial name is: MALLORCAFASTIGHETER / MALLORCARESIDENCIA

Its social domain is: www.mallorcafastigheter.com /  www.mallorcaresidencia.com (and subdomains)

Its CIF is: B57607699

Its address is Calle Anibal 23 D, 07013 Palma de Mallorca, Balearic Islands. Registered in Registro Mercantil Palma de Mallorca TOMO 2382, Folio 157, HOJA PM-63854

 

To contact us, please see our contact details below:

Telephone: 0034 971220868

Email: [email protected]

All notifications and communications between the users and the OWNER OF THE WEB are considered effective when they are made through post or any of the other ways detailed above.

 

2.)     USERS

The access and/or use of this web portal of the OWNER OF THE WEB, creator of the site, creates the condition of the USER, who accepts, upon that access and/or use, the General User Conditions detailed here. The quoted Conditions will be applied independently from the General Conditions which are necessary to be obliged.

 

3.)     WEB USE

The website and its services are free to access, however, the OWNER OF THE WEB conditions the use of some of the services offered in their web to having filled in the correspondent form to become user of the website.

The user guarantees the authenticity and present accuracy of all the details that are communicated to the WEB OWNER, and will be the only responsible for any false or inexact manifestations.

The user commits expressively to use all the OWNER OF THE WEB’s content and services with accuracy, and don’t use them:

 

a) To spread any content with criminal, violent, pornographic, racist, xenophobe, offensive character, of the terrorism apology, or in general contrary to the law or public order.

b) Introduce computer viruses, or carry out actions that could alter, spoil, interrupt or generate errors or damages in the electronic documents, data or physical and logical systems of the OWNER OF THE WEB or of third parties; as well as hinder the access of other users to the website and its services through the massive consumption of computer resources through which the OWNER OF THE WEB provides 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) Violate 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 another user, public administrations or a third party.

f) Reproducing, copying, distributing, making available or otherwise publicly communicating, transforming or modifying the contents, unless you have the authorization of the owner of the corresponding rights, or it is legally permitted.

g) Collect data for advertising purposes and to send advertising of any kind and communications for sale or other purposes, of a commercial nature without their prior request or consent.

 

4.)     PRIVACY POLICY

The OWNER OF THE WEB wants to inform the users and customers of its website about the policy carried out regarding the treatment and protection of personal data of those people who voluntarily use the contact forms to contact the OWNER OF THE WEB as well as access to its own page, which implies the communication of your personal data to the OWNER OF THE WEB.

 

A. – Identification of the person responsible for the treatment.

The OWNER OF THE WEB provided with CIF B57607699, informs the user and client of its website of the existence of an automated register of activities of personal data called CLIENTS, where the personal data that the user and the client communicate are collected and stored in order to manage your request.

 

B.- Policy update

The OWNER OF THE WEB will modify, without prior notice, this privacy policy whenever necessary to adapt it to any legislative, regulatory, jurisprudential, administrative changes or for the purpose of adapting said policy to the instructions issued by the Agency. Data Protection or legitimate object of any modification of this policy, notwithstanding the foregoing, will be published and warned on the website of the OWNER OF THE WEB. For all of the above, the OWNER OF THE WEB, recommends users to periodically read these policies in order to know the changes made in them.

 

C. – Purpose of registration of activities

The OWNER OF THE WEB does not request data from the visitors to its web, except those only to identify, therefore, the communication of personal data from the OWNER OF THE WEB’s user via their web site, can only be understood as taking place when the user voluntarily use the contact form or other communication media to contact the WEB OWNER, as the use of these data is implicit within the communication system. For these cases and for the ones described in the following paragraph, the entity informs the client that their data will be treated in relation to: carry out all the procedures related to offers, contracting and providing of the OWNER OF THE WEB’s services to the pertinent company or interested party. As well as to attend and reply all received communication to keep the users informed regarding promotions and offers.

 

D. – Consent

It is reported that, when the user does not have any commercial relation to the OWNER OF THE WEB, as well as when the user sends an email or a communication to the OWNER OF THE WEB indicating other personal details, said user is giving full free specific consent, informed and expressed to be used by the OWNER OF THE WEB with the purposes detailed above, as well as to attend any communication and send documentation.

To the same effects, the OWNER OF THE WEB informs that, if the client sends an email or gives their personal data to the OWNER OF THE WEB on the basis of the position the user occupies in a company, being either administrator, manager, representative and/or any other position or contact person of the company, it will be understood that said communication has the full free and specific consent for the use of the personal data by the OWNER OF THE WEB with the purposes established above.

The OWNER OF THE WEB informs that the client who accepts our privacy policy accepts being contacted by the OWNER OF THE WEB via email, Newsletters and other means as established above.

 

E. – Identification of the recipients with respect to whom the OWNER OF THE WEB plans to carry out assignments or access to data on behalf of third parties.

The OWNER OF THE WEBSITE only intends to carry out assignments or data communications that by reason of the Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016 (hereinafter GDPR) must perform to meet its obligations with the Public Administrations, Organizations or persons directly related to the OWNER OF THE WEB, in the cases that are required in accordance with the Legislation in force in each subject and at each moment.

Likewise, the OWNER OF THE WEB informs the user that any other transfer of data that must be made, will be brought to his attention when provided by the GDPR, informing him in an express, precise and unambiguous way of the recipients of the information, the purpose to which the data will be used, and the nature of the data transferred, or where appropriate, when the GDPR establishes it, previously, the specific and informed consent will be requested from the user.

However, the OWNER OF THE WEB informs the user and the client that any processing of personal data is subject to the legislation in force in Spain on data protection, established by the GDPR and its complementary and development regulations. In this sense, the OWNER OF THE WEB is only responsible and guarantees the confidentiality of the personal data requested by the user through the Web page.

 

F. – Quality of the data.

The OWNER OF THE WEB warns the user, that except for the existence of a legally constituted representation, no user can use the identity of another person and communicate their personal data, so the user at all times must take into account that, can only include personal data corresponding to their own identity and that are appropriate, pertinent, current, exact and true. For such purposes, the user will be solely responsible for any damage, direct and / or indirect caused to third parties or the OWNER OF THE WEB, for the use of personal data of another person, or their own personal data when they are false, erroneous, not current, inadequate or irrelevant. Likewise, the user who uses the personal data of a third party, will respond to this third party in accordance with the information obligation established in the GDPR for when the personal data has not been collected from the interested party, and / or the consequences of not having informed him / her.

 

G. – Exercise of the rights of Access, Rectification, Limitation of the treatment, Portability, Cancellation, Opposition of the treatment and Suppression of the data.

The OWNER OF THE WEB informs the user of the possibility of exercising their rights of access, rectification, treatment limitation, portability, opposition to treatment and deletion of your data as well as the right to file a claim with the Authority of Control by writing addressed to the OWNER OF THE WEB at the following address: CALLE ANIBAL, Nº 23 D PALMA DE MALLORCA 07013 BALEARIC ISLANDS

 

H. – Use of forms for the collection of personal data.

In the contact forms existing on the web, where personal data are collected, the user must consent expressly and prior to sending them, acceptance and knowledge of the privacy policy by completing the check ” I have read and accept the privacy policy “, and whose content may be accessed through the attached link that will redirect you to this legal notice. If the check field is not marked by the user, the data contained in these forms will not be sent.

 

I. – Security measures adopted in relation to the processing of personal data.

The OWNER OF THE WEB informs the user that, in accordance with the provisions of the GDPR, the OWNER OF THE WEB has adopted the necessary technical and organizational measures to ensure the security of personal data and avoid alteration, loss, treatment or access not authorized, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed. Likewise, the OWNER OF THE WEB   guarantees the user compliance with the duty of professional secrecy regarding the data of users and the duty to keep them.

 


5.)     INTELLECTUAL AND INDUSTRIAL PROPERTY:

Under the provisions of the current legislation governing Intellectual Property, the reproduction, distribution and public communication, including its method of making available, all or part of the contents, such as texts and photographs are expressly prohibited without the authorization of the OWNER OF THE WEB.  This includes also graphics, images, icons, technology, software, as well as its graphic design and source codes, of this website, for commercial purposes, in any medium and by any technical means, without the authorization of the OWNER OF THE WEB.

All the contents of the website constitute a work belonging to the OWNER OF THE WEBSITE, without which any of the exploitation rights may be transferred to the user, beyond what is strictly necessary for the correct use of the website.

In short, users who access this website can view the contents and, where appropriate, authorize private copies provided that the reproduced elements are not subsequently transferred to third parties, nor installed to servers connected to networks, nor subject to any type of commercial 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 WEBSITE, without it being understood that the use or access to it attributes to the user any right over them.

The establishment of a hyperlink does not imply in any case the existence of any relation 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 authorization in writing from the OWNER OF THE WEB. In any case, the hyperlink will only allow access to the home-page or home of our website, as well as refrain from making false, inaccurate or incorrect statements or indications about the OWNER OF THE WEBSITE, or include illicit, contrary content 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 performs based on them.

 

6.)     EXCLUSION OF GUARANTEES AND LIABILITY

The content of this website is of a general nature and has a merely informative purpose, without fully guaranteeing access to all content, or its completeness, correctness, validity or currency, or 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 truthfulness, accuracy, completeness and / or timeliness of the contents, as well as the existence of vices and defects of all kinds of the contents transmitted, disseminated, stored, made available to those that have been 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 honor, personal privacy, family and own image, as well as the regulations on unfair competition and illegal advertising.

 


7)     MODIFICATION OF THE PRESENT CONDITIONS AND DURATION:

The OWNER OF THE WEB can modify at any time the conditions determined here, being duly published as they appear here. The validity of the aforementioned conditions will be based on their exposure and will be in force until they are modified by others duly published.

 


8.)     LINKS

The OWNER OF THE WEB declines any responsibility regarding the information that is outside this web and is not managed directly by our webmaster. The function of the links that appear on this website, 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 neither is responsible for the operation or accessibility of the linked sites. Neither suggests, invites or recommends the visit to them, so will not be responsible for the result obtained. The OWNER OF THE WEB is not responsible for the establishment of hyperlinks by third parties.

 

 

9.)     RIGHT OF EXCLUSION:

The OWNER OF THE WEB reserves the right to deny or withdraw access to the portal and / or the services offered without prior notice, at his own request or from a third party, to those users who fail to comply with these General Conditions of Use of the Portal.

 

 

10.)     GENERAL

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

 


11.)     PUBLICATIONS

The administrative information provided throughout 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 the public Spanish administrations, which constitute the only instrument that attests to its authenticity and content. The information available on this website should be understood as a guide.

 

12.)     APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in matters that are not expressly established. The provider and the user, agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions, to the Courts and Tribunals of the user’s address.

In the event that the user has his domicile outside Spain, the provider and the user, expressly waive any other forum, submitting to the Courts and Tribunals of the domicile of the OWNER OF THE WEB.

 

This text is a translation of the original terms and conditions in Spanish which is the legally valid version in Spain. Please click here for the Spanish version.