LEGAL NOTICE

1. IDENTIFICATION

In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following is the identification data of the company.

Company Name: Jose Moncada Andrades, S.L.

Nif / Cif: B11013794

Registered Address: Carretera Acceso Polígono Industrial San Roque, Km, N.08, 11369 Taraguilla – San Roque – CADIZ

Telephone: 956611111

2. USERS

The access and/or use of this portal property of Jose Moncada Andrades, S.L., creator of the site, attributes the condition of USER, who accepts, from said access and/or use, the General Conditions of Use herein reflected. The mentioned Conditions will be of application independently of the General Conditions of Contracting that in its case are of obligatory fulfillment.

3. USE OF THE WEBSITE

The website and its services are free and open access, however, the OWNER OF THE WEBSITE conditions the use of some of the services offered on its website to the prior completion of the corresponding form, to become a user of the portal.

The user guarantees the authenticity and timeliness of all data communicated to the WEBSITE OWNER and shall be solely responsible for any false or inaccurate statements made.

The user expressly undertakes to make appropriate use of the contents and services of the WEBSITE OWNER and not to use them for, among others:

a) Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, in defence of terrorism or, in general, contrary to the law or public order.
b) Introduce computer viruses into the network, or carry out actions likely to alter, damage, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of the WEBSITE OWNER or 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 WEBSITE OWNER provides its services.
c) Attempt to access the e-mail accounts of other users or restricted areas of the computer systems of the WEBSITE OWNER or third parties and, where appropriate, extract information.
d) Infringe intellectual or industrial property rights, as well as violate the confidentiality of the information of the WEBSITE OWNER or third parties.
e) Impersonate the identity of another user, public administrations or a third party.
f) Reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the contents, unless authorised by 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 sales or other commercial purposes without prior request or consent.

4. PRIVACY POLICY

Jose Moncada Andrades, S.L. wants to inform the users and customers of its website, the policy carried out regarding the processing and protection of personal data of those who voluntarily use the contact forms to contact the OWNER OF THE WEBSITE, as well as access to its own page, which involve the communication of their personal data to the OWNER OF THE WEBSITE.

A. Identification of the person responsible for the file

The OWNER OF THE WEBSITE, with Tax Identification Number: B11013794, informs the user and client of its website of the existence of an automated personal data file called CLIENTS, duly registered with the Spanish Data Protection Agency, where the personal data that the user and the client communicate to it in order to manage their request is collected and stored.

B. Updating of policies

The OWNER OF THE WEBSITE will modify, without prior notice, this privacy policy whenever necessary to adapt it to any legislative, regulatory, jurisprudential, administrative change or in order to adapt this policy to the instructions issued by the Data Protection Agency 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 WEBSITE.

For all of the above, the WEBSITE OWNER recommends users to periodically read these policies in order to be aware of any changes that may be made to them.

D. Consent.

It is reported that when the user does not maintain business relations with the OWNER OF THE WEBSITE, and send an email or a communication to the OWNER OF THE WEBSITE, indicating other personal data, the user will be giving their free, unequivocal, specific, informed and express consent to the processing of their personal data by the OWNER OF THE WEBSITE, for the purposes set out above, as well as to attend their communication or send documentation.

For the same purposes, the WEBSITE OWNER informs that, if the client sends an e-mail or communicates to the WEBSITE OWNER their personal data by reason of the position they hold in a company, whether as an administrator, manager, representative and/or any other position as a contact person in the company, it will be understood that such communication entails the provision of their free, unequivocal, specific, informed and express consent for the processing of their personal data by the WEBSITE OWNER, for the purposes set out above.

E. Identification of the recipients with respect to whom the WEBSITE OWNER intends to carry out transfers or access to data on behalf of third parties. The OWNER OF THE WEBSITE only intends to make transfers or communications of data that, in accordance with article 11.2.c. of Organic Law 15/99 on the protection of personal data (hereinafter LOPD), must be made in order to fulfil its obligations to the Public Administrations, Organisations or persons directly related to the OWNER OF THE WEBSITE, in cases where this is required in accordance with the Legislation in force in each area and at any given time.

Likewise, the OWNER OF THE WEBSITE informs the user that any other transfer of data that must be made, will be brought to his knowledge when so provided by the LOPD, informing him expressly, precisely and unequivocally of the recipients of the information, the purpose for which the data will be used, and the nature of the data transferred, or where appropriate, when the LOPD so provides, previously, specific and informed unequivocal consent will be requested from the user.

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

F. Quality of the data.

The OWNER OF THE WEBSITE 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 that the user at all times must take into account that, you can only include personal data corresponding to their own identity and that are adequate, relevant, current, accurate and true. For this purpose, the user shall be solely liable for any direct and/or indirect damage caused to third parties or to the OWNER OF THE WEBSITE, by the use of personal data of another person, or their own personal data when they are false, erroneous, not current, inadequate or inappropriate.

Likewise, the user who uses the personal data of a third party shall be liable to the latter for the obligation of information established in article 5.4 of the LOPD for when the personal data have not been obtained from the interested party, and/or for the consequences of not having informed him/her.

G. Exercise of the rights of Access, Rectification, Cancellation and Opposition of the data.

The OWNER OF THE WEBSITE informs the user of the possibility of exercising their rights of access, rectification, cancellation and opposition by means of a written request addressed to the OWNER OF THE WEBSITE at the following address: Carretera Acceso Polígono Industrial San Roque, Km, N.08, 11369 Taraguilla – San Roque – CADIZ.

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

In the contact forms on the website, where personal data are collected, the user must expressly consent to the acceptance and knowledge of the privacy policy by filling in the check “I have read and accept the privacy policy”, and whose content can be accessed through the attached link that will send you this legal notice. If the check box is not ticked 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 WEBSITE informs the user that, in accordance with the provisions of the LOPD and the Regulation on Security Measures, it has adopted the technical and organisational measures necessary to guarantee the security of personal data and to avoid its alteration, loss, unauthorised processing or access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed.

Likewise, the OWNER OF THE WEBSITE guarantees the user the fulfilment of the duty of professional secrecy with respect to the personal data of users and the duty to protect them.

5) INTELLECTUAL AND INDUSTRIAL PROPERTY:

Pursuant to the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution and public communication, including its modality of making available, of all or part of the contents, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, of this website, for commercial purposes, on any support and by any technical means, without the authorisation of the OWNER OF THE WEBSITE, are expressly prohibited.

All the contents of the website constitute a work whose property belongs to the OWNER OF THE WEBSITE, and none of the exploitation rights of the same may be understood to have been ceded to the user, beyond what is strictly necessary for the correct use of the website.

Photo from the news section created by ArthurHidden – www.freepik.es

In short, users who access this website may view the contents and make, where appropriate, authorised private copies provided that the elements reproduced are not subsequently transferred to third parties, nor are they installed on servers connected to networks, nor are they subject to any type of commercial exploitation.

Likewise, 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 of or access to the same attributes any right over the same to the user.

The establishment of a hyperlink does not imply in any case the existence of a relationship between the OWNER OF THE WEBSITE and the owner of the website in which it is established, nor the acceptance and approval by the OWNER OF THE WEBSITE of its contents or services.

Those persons who intend to establish a hyperlink must request prior written authorisation from the WEBSITE OWNER. In any case, the hyperlink will only allow access to the home-page or home page of our website, and must also refrain from making false, inaccurate or incorrect statements or indications about the WEBSITE OWNER, or include illegal content, contrary to good customs and public order.

The OWNER OF THE WEBSITE is not responsible for the use that each user makes of the materials made available on this website nor for the actions carried out on the basis of the same.

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 the content, nor its completeness, correctness, validity or currency, nor its suitability or usefulness for a specific purpose.

The OWNER OF THE WEBSITE excludes, to the extent permitted by law, any liability for damages of any kind arising from:

(a) The impossibility of accessing the website or the lack of truthfulness, accuracy, completeness and/or timeliness of the content, as well as the existence of vices and defects of any kind in the content transmitted, disseminated, stored, made available which has 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 law, good faith, public order, traffic uses and this legal notice as a result of incorrect use of the website. In particular, and by way of example, the OWNER OF THE WEBSITE is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honour, personal and family privacy and self-image, as well as the regulations on unfair competition and illegal advertising.

7) MODIFICATION OF THESE CONDITIONS AND DURATION:

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

8) LINKS

The OWNER OF THE WEBSITE declines any responsibility with respect to the information that is outside this website and is not managed directly by our webmaster.

The function of the links that appear on this website is exclusively to inform the user about the existence of other sources likely to expand the content offered on this website.

The OWNER OF THE WEBSITE does not guarantee nor is responsible for the operation or accessibility of the linked sites. Nor does it suggest, invite or recommend a visit to them, nor shall it be responsible for the results obtained. The WEBSITE OWNER is not responsible for the establishment of hyperlinks by third parties.

9) RIGHT OF EXCLUSION:

The WEBSITE OWNER reserves the right to refuse or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those users who do not 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 carrying out of any activity on the web pages included or accessible through the website, they must send a notification to the OWNER OF THE WEBSITE, duly identifying themselves, specifying the alleged infringements and expressly declaring under their responsibility that the information provided in the notification is accurate.

11) PUBLICATIONS.

The administrative information provided through the website does not replace the legal publication of laws, regulations, plans, general provisions and acts that have to be formally published in the official journals of public administrations, which are the only instrument that attests to their authenticity and content. The information available on this website should be understood as a guide.

12) APPLICABLE LAW AND JURISDICTION.

These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the Courts and Tribunals of the user’s domicile.

In the event that the user is domiciled 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 WEBSITE.

PRIVACY POLICY

By means of this notice, Jose Moncada Andrades, S.L., domiciled at Carretera Acceso Polígono Industrial San Roque, Km, N.08. Taraguilla – San Roque. 11369. CADIZ, informs the users and visitors of its website about its personal data protection policy (hereinafter, the “Personal Data”), so that the persons who access to this website (hereinafter, the “Users”) determine freely and voluntarily if they wish to provide Jose Moncada Andrades, S.L. with the Personal Data that may be required for the purpose of: including them in a database for statistical analysis, sending information related to its activity, provision of services or, where appropriate, selection of personnel. Jose Moncada Andrades, S.L. reserves the right to modify the present policy in order to adapt it to the legislative and/or jurisprudential variations applicable in the sector.

Personal data collected from the Users, committing itself to:

1. For what purpose do we process your personal data?

In Jose Moncada Andrades, S.L. we treat the information provided by the interested persons in order to carry out the administrative, accounting and fiscal management of the requested services, as well as to send commercial communications about our products and services, for which you have given your consent.

2. How long will we keep your data?

The data will be kept for as long as the commercial relationship is maintained and, where appropriate, for the years necessary to comply with the applicable legal obligations.

3. What is the legal basis for processing your data?

We indicate the legal basis for the processing of your data:

– Execution of a contract: Provision of the services requested.

– Consent of the data subject: Sending of commercial communications.

4. To which recipients will your data be disclosed?

Your data will only be passed on to the companies of the group to which the data controller belongs and for which we have obtained your consent, as well as to third parties in order to comply with legal obligations.

5. Transfer of data to third countries

There are no plans to transfer data to third countries.

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

Any person has the right to obtain confirmation as to whether or not Jose Moncada Andrades, S.L. is processing personal data concerning them.

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

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

In certain circumstances and for reasons related to their particular situation, data subjects may object to the processing of their data. In this case, Jose Moncada Andrades, S.L. will stop processing the data, except for compelling legitimate reasons, or the exercise or defence of possible claims.

You may materially exercise your rights in the following way: by contacting the address of the data controller attaching a copy of your ID card or identity document.

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

In case you feel that your rights concerning the protection of your personal data have been violated, especially when you have not obtained satisfaction in the exercise of your rights, you can lodge a complaint with the competent Data Protection Supervisory Authority via its website: www.agpd.es.

7. How did we obtain your data?

The personal data processed by Jose Moncada Andrades, S.L. have been directly provided by the interested party.

The categories of data processed are:

– Identification data

– Postal and e-mail addresses

– Commercial information

Special categories of personal data are not processed (data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data aimed at uniquely identifying a natural person, data concerning health or data concerning the sex life or sexual orientation of a natural person).