Legal notice

terms and conditions

GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE

www.marinea.es



  1. GENERAL INFORMATION

In compliance with the obligation to provide information as stipulated in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of 11 July, the following general information on this website is provided below:

The ownership of this website, www.marinea.es, (hereinafter Website) is held by: Luis Javier León Tamarit, with NIF: 48337707X, and whose contact details are:

Address:
Ruzafa 51
03501 Benidorm
Contact telephone number: +34 670419800
Contact email: info@marinea.es

 


  1. GENERAL TERMS AND CONDITIONS OF USE


The subject matter of the terms and conditions: The Website

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Terms and Conditions, the Website shall be understood to mean: the external appearance of the screen interfaces, both static and dynamic, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Content) and all those online services or resources that may be offered to Users (hereinafter, Services).

Marinea reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and accepts that Marinea may at any time interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.

 Apart from the cost of connection through the telecommunications network supplied by the access provider, and which the User has contracted, some of the Content or Services offered by Marinea or, where appropriate, third parties through the Website may be subject to the prior contracting of the Content or Service, in which case the corresponding General or Specific Conditions governing this will be clearly specified and/or made available to the User.

The use of any of the Contents or Services of the Website may be made by means of prior subscription or registration by the User.

The User

Access, browsing and use of the Website, as well as the spaces provided for interaction between Users, and the User and Marinea, such as comments and/or blogging spaces, confers the status of User, and therefore the User accepts, from the moment he/she starts browsing the Website, all the Conditions established herein, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with according to the case. Given the relevance of the above, the User is recommended to read them every time he/she visits the Website.

The Marinea website provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility extends to:

  • Any use of the information, Content and/or Services and data offered by Marinea that is contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may be detrimental to the rights of third parties or to the functioning of the Website. 
  • The veracity and legality of the information provided by the User in the forms provided by Marinea for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify Marinea of any event that allows the improper use of the information recorded on these forms, such as, but not limited to, the theft, loss, or unauthorised access to identifiers and/or passwords, in order to proceed to their immediate cancellation. 

Marinea reserves the right to remove all comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that violate youth or childhood, public order or safety or that, in its opinion, are not appropriate for publication.

In any case, Marinea will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may be available.

Mere access to this Website does not imply the establishment of any commercial relationship between Marinea and the User.

 In compliance with the legislation in force, this Marinea website is intended for all persons, regardless of their age, who may access and/or browse the pages of the website.

The Website is primarily intended for Users residing in Spain. Marinea makes no representation that the Website complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled elsewhere and decides to access and/or browse the Website, he/she does so at his/her own risk, and must ensure that such access and browsing complies with the local legislation applicable to him/her, and Marinea accepts no liability whatsoever that may arise from such access.


III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

Marinea does not guarantee the continuity, availability and usefulness of the Website, or the Content or Services. Marinea will make every effort to ensure the proper functioning of the Website, however, Marinea makes no representation or warranty that access to this Website will be uninterrupted or error free.

Neither does Marinea accept any responsibility or 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 shall Marinea be liable for any loss, damage or harm of any kind arising from accessing, browsing and using the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Marinea is also not responsible for any damage that may be caused to users by improper use of this website. In particular, it shall not be liable in any way whatsoever for any telecommunications failures, interruptions, faults or defects that may occur.

 


  1. PRIVACY AND DATA PROTECTION POLICY

In compliance with current legislation, Marinea undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated in this privacy policy

This privacy policy is adapted to current Spanish and European legislation on 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 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 5 December, on Personal Data Protection and guarantee of digital rights. 
  • Royal Decree 1720/2007, of 21 December, approving the Regulation implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD). 
  • Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE). 

Identity of the controller processing the personal data

The person responsible for the processing of the personal data collected in Marinea is: Luis Javier León Tamarit, NIF: 48337707X (hereinafter also the Data Controller). His contact details are as follows:

Address: 
Ruzafa 51
03501 Benidorm
Contact telephone number: +34 670419800
Contact email: info@marinea.es

 

Data Protection Officer (DPD)

The Data Protection Officer (DPO) is responsible for ensuring compliance with the data protection regulations to which Marina is subject. The User may contact the DPD appointed by the Data Controller using the following contact details: info@marinea.es, +34 697611120.

 

Register of Personal Data

The personal data collected by Marinea, through the forms provided on its pages, will be entered into an automated file under the responsibility of the Data Controller, and duly declared and registered in the General Register of the Data Protection Agency, which can be consulted on the website of the Spanish Data Protection Agency (http://www.agpd.es), in order to facilitate, expedite and fulfil the commitments established between Marinea and the User or to maintain the relationship established in the forms filled in by the User, or to attend to a request or query from the User.

 

Principles applicable to the processing of personal data

The processing of the User's personal data shall be subject to the following principles set out in Article 5 of the GDPR:

  • Principle of lawfulness, fairness and transparency: the consent of the User shall be required at all times after full and transparent information on the purposes for which the personal data are collected. 
  • Purpose limitation principle: personal data will be collected for specified, explicit and legitimate purposes. 
  • Principle of data minimisation: the personal data collected will be only that which is strictly necessary for the purposes for which it is processed. 
  • Principle of accuracy: personal data must be accurate and always up to date. 
  • Principle of limitation of the storage period: personal data will only be kept in a form that allows the identification of the User for the time necessary for the purposes of their processing. 
  • Principle of integrity and confidentiality: personal data shall be processed in a manner that ensures their security and confidentiality. 
  • Proactive accountability principle: the Controller shall be responsible for ensuring that the above principles are complied with. 

Categories of personal data

The categories of data processed by Marinea are solely identification data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

 

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Marinea undertakes to obtain the express and verifiable consent of the User to the processing of their personal data for one or more specific purposes.

The User shall have the right to withdraw consent at any time. It shall be as easy to withdraw consent as it is to give it. As a general rule, withdrawal of consent shall not condition the use of the Website.

On those occasions when the User must or may provide his/her data through forms to make enquiries, request information or for reasons related to the content of the Website, he/she will be informed in the event that the completion of any of them is compulsory due to the fact that they are essential for the correct development of the operation carried out.

 

Purposes of the processing for which the personal data are used

The personal data is collected and managed by Marinea in order to facilitate, speed up and fulfil 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 attend to a request or query.

Likewise, the data may be used for commercial, personalisation, operational and statistical purposes, as well as for the extraction and storage of data and marketing studies to adapt the Content offered to the User, and to improve the quality, operation and browsing of the Website.

At the time the personal data is collected, the User will be informed about the specific purpose(s) of the processing for which the personal data will be used, i.e. the use(s) to which the collected information will be put.

 

Retention periods for personal data

Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 2 years, or until the User requests their deletion.

At the time personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period.

 

Recipients of personal data

The User's personal data will be shared with the following recipients or categories of recipients:

Google Analytics
Google Ads
WordPress
Ionos

In case the Controller intends to transfer personal data to a third country or international organisation, the User shall be informed at the time the personal data are obtained about the third country or international organisation to which the data are intended to be transferred, as well as about the existence or absence of an adequacy decision of the Commission.

 

Personal data of minors

In accordance with the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only persons over the age of 14 may give their consent to the lawful processing of their personal data by Marinea. In the case of a child under 14 years of age, the consent of the parents or guardians is required for the processing, and the processing will only be considered lawful to the extent that the parents or guardians have given their consent.

 

Secrecy and security of personal data

Marinea undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised communication of or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in return, is fully encrypted or encoded.

However, because Marinea cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a breach of security of personal data occurs that is likely to entail a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised disclosure of or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, partners, and any other person to whom it makes the information accessible.

 

Rights arising from the processing of personal data

The User has over Marinea and may, therefore, exercise the following rights recognised in the RGPD against the Data Controller:

  • Right of accessThis is the User's right to obtain confirmation as to whether or not Marina is processing their personal data and, if so, to obtain information on their specific personal data and the processing that Marina has carried out or is carrying out, as well as, among other things, the information available on the origin of said data and the recipients of the communications made or planned for said data. 
  • Right of rectificationThe right of the User to have his or her personal data amended if it proves to be inaccurate or, having regard to the purposes of the processing, incomplete. 
  • Right to erasure ("the right to be forgotten"): This is the User's right, unless otherwise provided by law, to obtain the erasure of his or her personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other lawful basis; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data have been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to erasure, the Controller shall, taking into account available technology and the cost of its implementation, take reasonable steps to inform controllers who are processing the personal data of the data subject's request for erasure of any link to those personal data. 
  • Right to restriction of processingThis is the User's right to restrict the processing of his or her personal data. The User has the right to obtain the restriction of processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing. 
  • Right to data portabilityIf the processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format and to transmit them to another controller. Where technically feasible, the Controller shall transmit the data directly to such other controller. 
  • Right to objectThis is the User's right not to have his or her personal data processed or to have the processing of such data by Marinea stopped. 
  • Right not to be subject to a decision based solely on automated processing, including profilingThe right of the User not to be subject to an individualised decision based solely on automated processing of his or her personal data, including profiling, unless otherwise provided for by law. 

Therefore, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference "RGPD-www.marinea.es", specifying:

  • Name, surname(s) of the User and copy of ID card. In cases where representation is permitted, it will also be necessary to identify by the same means the person representing the User, as well as the document accrediting the representation. The photocopy of the DNI may be substituted by any other legally valid means that accredits identity. 
  • Request with specific reasons for the request or information to be accessed. 
  • Address for the purpose of notifications. 
  • Date and signature of the applicant. 
  • Any document supporting the request you are making. 

This application and any accompanying documents may be sent to the following address and/or e-mail address:

Address: 
Ruzafa 51
03501 Benidorm
Contact telephone number: +34 670419800
Contact email: info@marinea.es

 

Links to third party websites

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

 

Complaints to the supervisory authority

In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his/her personal data is being processed, he/she will have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular, in the State in which he/she has his/her habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

 

Acceptance and changes to 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 he/she accepts the processing of his/her personal data so that the Data Controller can proceed in the manner, during the periods and for the purposes indicated. The use of the Website implies acceptance of the Privacy Policy of the same.

Marinea 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 Data Protection Agency. Changes or updates to this Privacy Policy will be explicitly notified to the User.

This Privacy Policy was updated on 16 May 2019 to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR).

 


  1. COOKIES POLICY
Follow this link to view the cookie policy.

  1. LINKS POLICY

We inform you that the Marinea 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 make it easier for Users to search for and access information available on the Internet, and may not be considered a suggestion, recommendation or invitation to visit them.

Marinea offers and markets through third parties the products and/or services available on these linked sites.

Nor does it guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.

Marinea does not under any circumstances 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 such linked sites.

Marinea assumes no liability for any damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of websites that are not managed by Marinea and that are linked to this Website.

The User or third party who makes a hyperlink from a web page of another, different, website to the Marinea Website should be aware that:

The reproduction - in whole or in part - of any of the Contents and/or Services of the Website is not permitted without the express authorisation of Marinea.

No false, inaccurate or incorrect representations about the Marinea Website, its Content and/or Services are permitted.

With the exception of the hyperlink, the website on which the hyperlink is established shall not contain any element of this website that is protected as intellectual property by Spanish law, unless expressly authorised by Marinea.

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


VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

Marinea itself or as an assignee, owns all intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are, therefore, works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and Community regulations in this field, as well as the international treaties relating to the matter and signed by Spain.

All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorisation of Marinea, are expressly prohibited.

The User undertakes to respect the intellectual and industrial property rights of Marinea. You may view the elements of the Website or even print, copy and store them on the hard drive of your computer or any other physical medium as long as it is exclusively for your personal use. The User, however, may not remove, alter or manipulate any protection device or security system installed on the Website.

In the event that the User or third party considers that any of the Contents of the Website involves a violation of the rights of protection of intellectual property, he/she must immediately notify Marinea via the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.


VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Marinea reserves the right to bring any civil or criminal action it deems necessary for improper use of the Website and its Contents, or for breach of these Conditions.

The relationship between the User and Marinea shall be governed by the regulations in force and applicable in Spanish territory. Should any dispute arise in relation to the interpretation and/or application of these Conditions, the parties will submit their disputes to the ordinary jurisdiction, submitting to the judges and courts that correspond according to law.

Last updated: 16 May 2019

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