Legal Notice

IDENTIFICATION DETAILS

Pursuant to current legislation set out in article 10 of Law 34/2002, dated 11 July on Information Society Services and Electronic Commerce, the data corresponding to the owner of www.antoniovaldivieso.com (hereinafter, the Website) are detailed below:

The owner of this Website is Antonio Valdivieso (hereinafter, VALDIVIESO), with registered office in: Sant Cugat del Vallés, apartado de correos 63, Valldoreix 08197, Barcelona, Tax number: 47.713.722-S and contact email: antonio@antoniovaldivieso.com

The main objective of this Website is to provide users with information relating to VALDIVIESO and the services offered.

USERS

By accessing or using this Website, you automatically become a User, and therefore agree to be bound by the general Terms and Conditions in order to use all the services and information provided on it. The Terms and Conditions are set out below:

TERMS AND CONDITIONS

Our Website Terms and Conditions regulate the terms of access and use of VALDIVIESO. By accessing or using all or part of the content or services of this Website, you fully agree to these Terms and Conditions. The provision and use of the Website is subject to strict compliance with the terms set out in the Website Terms and Conditions.

The Website Terms and Conditions regulate access and use thereof, either by its users or by any third party, and cover the contents and services made available to users on and/or through the website. However, access and use of certain content and/or services may be subject to certain specific conditions.

USER RULES OF CONDUCT

Users are obliged, at all times, to respect the Terms and Conditions set out in this Legal Notice. Users hereby undertake to use the Website in a diligent manner, accepting any liability that may arise from breaching the regulations.

For cases in which users are requested personal data or information, users may not misrepresent their identity by impersonating any other person. Users hereby accept that the website must be used strictly for personal, private, and individual purposes. Users may not use it for activities that are illegal, go against moral and public order, nor for prohibited purposes or those which violate or infringe the rights of third parties. Additionally, the dissemination, storage and/or handling of data or content which infringes the rights of third parties or any regulations related to industrial or intellectual property rights, is strictly prohibited.

Furthermore, users may not use this Website to transmit, store, disclose, promote or distribute data or content that are carriers of viruses or any other computer code, files or programs designed to hijack, destroy or impair the functioning of any program or computer or telecommunications equipment.

Users undertake to indemnify and hold this Website harmless for any loss, damage, sanction, fine, penalty or compensation it may incur in the event of non-compliance with these obligations.

DATA PROTECTION

Privacy policy

Company A hereby informs users of this Website about their policy regarding the personal data processing and protection of users and customers, which may be collected by navigating or contacting VALDIVIESO through this Website.

In this regard, Company A guarantees compliance with the current regulations regarding personal data protection, reflected in the EU General Data Protection Regulation 2016/679 by the European Parliament and of the Council dated 27 April 2016 (on the protection of individuals’ personal data and free movement of this data), repealing Directive 95/46/EC (GDPR). It furthermore undertakes to adopt the appropriate technical and organizational security measures to guarantee the confidentiality, integrity, availability and resilience of the systems and services.

By using this Website, you agree to this Privacy Policy

Data collection, purpose and legal basis

Company A has the duty to inform Website users and customers about the collection of personal data that may occur either while navigating or by contacting us by email.

VALDIVIESO will be the personal data processor when services or other items are contracted through VALDIVIESO by those with an employment or professional relationship, and will acquire the status of data controller.

When you navigate on this Website or contact or contract services directly through Company A, this company automatically becomes the data controller, and either the consent given or the existence of a contractual relationship shall form the legal basis for personal data processing.

In all cases, and provided that you/the users/clients provide VALDIVIESTO with personal data belonging to third parties, which are required for the aforementioned services to be provided, you undertake to have received their consent and have informed them in advance of the transfer of their data about the conditions set out in this privacy policy, and shall personally respond to, and indemnify VALDIVIESO for any loss and/or damage, either direct or indirect, that may derive from any breach.

The purpose of processing personal data collected is to provide and conduct the services contracted and/or respond to inquiries. For data obtained through cookies, see the cookies policy.

Transferral of information to third parties

To provide the service requested, it is required to transfer personal data to the third parties that effectively provide the final services to fulfil the contract. This is regardless of any transfer of data required for legal reasons.

Rights of Users

The GDPR presents a series of rights related to personal data processing: the right of access, rectification, deletion, opposition, portability, limited treatment, and for it not to be subject to fully automated decisions, as well as to revoke this consent and to submit a claim to the Spanish Data Protection Agency.

In order to exercise the rights granted by GDPR, users should send written notification including documentation proving their identity (ID or passport) to the following address: Antonio Valdivieso, apartado de correos 63, Valldoreix, Barcelona 08197, email address: antonio@antoniovaldivieso.com. This must include the following details: The user’s name and surname, the request made, clearly indicating which right they would like to exercise, including their address and details proving identification.

Any requests to exercise these rights must be made by the user. However, they may nominate an authorized person to act on their behalf. In this case, documentation must be provided accrediting their representation of the person concerned.

Data Retention

Personal data will be treated while a contractual relationship exists between us and consent to this is not revoked. Once the contractual relationship expires or consent is revoked, your personal data will be blocked for the legally required period.

Furthermore, pursuant to Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, at all times, VALDIVIESO will request your consent to using your email for marketing purposes.

INTELLECTUAL AND INDUSTRIAL PROPERTY

All texts, images, sounds, animations, videos and other content on this website are the sole property of VALDIVIESO, or, where applicable, the property of third parties who have granted a license or authorization to VALDIVIESO to use or process their texts, images, videos or audio free from copyright.

All logos, trademarks and industrial designs that appear on this Website are covered by industrial and intellectual property rights protected by VALDIVIESO and therefore, any form of exploitation, reproduction, distribution, public communication, or transformation is strictly prohibited without the express permission of VALDIVIESO.

These Terms and Conditions do not transfer, nor can be interpreted to transfer, any intellectual or industrial property right belonging to this Website or any of its sections. It is prohibited to disclose, use, transmit, distribute, reproduce, transform, communicate publicly, make available, remove, reuse, forward or use in any manner for commercial purposes, either partially or in whole, using any format or means, the contents of this Website, property of VALDIVIESO, without their express prior consent, unless otherwise specified, or for private use that does not infringe VALDIVIESO’s rights under current legislation.

User may not delete, alter, avoid, or manipulate any protection device or security system installed on this Website.

DISCLAIMER OF WARRANTY AND LIABILITY

This Website does not guarantee continuous availability or permanent services and is therefore exempt from any liability for any damage caused as a result of the lack of availability of the services provided for reasons of force majeure, errors in the data transfer networks beyond its control, or disconnections made due to improvements or maintenance work on the equipment and systems. In the event this occurs, this Website will make its best efforts to notify at least 24 hours in advance of any interruption to services. This Website will not be responsible for the interruption, suspension or termination of the information or services contained therein. Furthermore, it is not responsible for any omissions, loss of information, data, configurations, unauthorized access or breach of confidentiality originating from technical issues, problems with communications or omissions, caused by third parties or not attributable to this Website. It shall not be liable for any damage -although it adopts all the necessary technological measures to avoid it- caused by cyber-attacks or viruses that affect the computer software, communications systems or equipment used by the Website but manufactured or supplied by a third party. This Website may, at its discretion, choose to deny access, refuse, withdraw, suspend and/or block access to information and services at any time to any users who fail to comply with these rules.

Aside from cases in which the law expressly states to the contrary, and only to the extent it is stated by law, the application does not warrant or assume any responsibility for damages caused through the use of the information, data and services on this Website.

AMENDMENTS and DURATION

VALDIVIESO reserves the right to make any unannounced modifications to the Website it deems appropriate without any prior warning, and may change, delete or add content and services provided on it as well as the way in which they are presented or located on the Website. In any case, it is advisable to periodically review these general Terms and Conditions as they may be subject to change.

These Terms and Conditions will remain in effect only while they are displayed and shall remain duly published until they are replaced for others.

LINKS

This Website may offer the possibility of sharing content via third-party applications such as Facebook, Twitter, Instagram, YouTube and LinkedIn. These applications can collect and process information related to user navigation on the different websites. Any personal information that is collected through these applications may be used by their third party users, and any interactions are subject to the privacy policies of the companies who own the applications. This Website may feature blogs, forums, and other applications or social networking services with the aim of facilitating the exchange of knowledge and content. Any personal information supplied by users can be shared with other users of the service, over which VALDIVIESO has no control.

In the event that this Website contains links or hyperlinks to other internet sites, VALDIVIESO has no control over the content supplied on these sites. Under no circumstances shall VALDIVIESO assume responsibility for the content of any link belonging to an external website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, veracity, validity or constitutionality of any material or information contained in any of these hyperlinks or other websites.

The inclusion of these external links does not imply any type of association, merger, or participation with the linked entities.

RIGHT OF EXCLUSION

VALDIVIESO reserves the right to deny or withdraw access to this Website and/or the services offered without prior notice, on its own or another’s initiative, to any users who fail to comply with this Legal Notice.

GENERAL RIGHTS

VALDIVIESO shall prosecute for any breach in the provisions set out in this Legal Notice, or any improper use of this Website, exercising all civil and criminal actions within its rights.

APPLICABLE LAW AND JURISDICTION

The relationship between VALDIVIESO and the USER is governed by Spanish legislation, and any dispute shall be submitted to the Courts and Tribunals of the city of Barcelona.

COOKIES POLICY

Pursuant to article 22.2 of Law 34/2002 dated 11 July, on Information Society Services and Electronic Commerce, VALDIVIESO hereby informs you of their cookies policy:

What are cookies?

Cookies are small text files placed on the browser of the user’s computer to register their activity by storing an anonymous identification in order to make navigation easier. They can also be used to monitor visitors, traffic parameters and navigation, session time, and/or monitor the progress and number of visits to a site.

VALDIVIESO shall establish the required forms to obtain the consent of the user for the installation of cookies that require it. In accordance with the law, users are understood to have given their consent if they modify their browser settings by disabling restrictions that prevent cookies, and therefore consent will not be required for the installation of any cookies that are strictly necessary for the provision of a service explicitly requested by the user (via registration).

If you would like further information about what cookies are and how they work, click here.

How to manage the cookies on your browser.

Users can configure their browser to enable or delete cookies installed on their computer or choose not to accept, or to block the use of cookies, in which case the navigation experience will not be customized and although they will still be able to access the contents of our Website, disabling cookies can alter the functioning of the Website:

– If you use Microsoft Internet Explorer, in the Tools menu, by selecting Internet Options and accessing the Privacy options.

– If you use Firefox for Mac, in the Preferences menu, select Privacy, open the section Show Cookies. For Windows in the Tools menu, select Options, open the Privacy tab and then “Use custom settings for history”.

– If you use Safari, in the Preferences menu, select Privacy.

– If you use Google Chrome, in the Tools menu, select Options (or Preferences in Mac), go to Advanced and then to Content settings in the Privacy section, and then tick the Cookies box.

Types of cookies that may be used on this Website:

Depending on their permanence, cookies can be divided into session cookies or persistent cookies. Session cookies expire once the user closes the browser. Persistent cookies expire based on when they have served their purpose (for example, to ensure the user remains identified on this Website, or when they are manually deleted.

In addition, depending on their purpose, cookies can be classified as follows:

Performance Cookies: This type of cookie remembers your preferences for the tools found in the services so that you don’t have to re-configure the service every time you visit.

For example, this type include:

– Volume settings for video or audio

– The video transmission speeds that are compatible with your browser

Geolocation Cookies: these cookies are used to find out which country you are in when you use a Website or service. This cookie is completely anonymous and is only used to help adapt the content to your location.

Registration Cookies: These are generated once the user has registered or has subsequently opened their session, and are used to identify you on the Websites and services for the following reasons:

– To keep users identified so that if they close a service or Website, it will remember them and make navigation easier because they will not have to identify themselves again. This function can be deleted if the user selects “Sign out”, and the next time they enter the Web they will have to log in again to be identified.

– To check if the user is authorized to access certain service, for example, to take part in a competition.

Additionally, some services may use third-party connectors such as Facebook, Twitter or Google. When users log into a service using their social network or other identification system, it authorizes the service to save a persistent cookie which remembers their identify and guarantees them access to the Website until this cookie expires. Users can delete this cookie and revoke access to the Website via their social networks or third-party identification system by updating their preferences in the social network in question.

Analytical Cookies: Each time a user visits a website or service, a tool from an external provider (Google Analytics and similar) generates an analytical cookie on the user’s device. This cookie, which is only generated during the visit to the site, will serve in future visits to the Website to identify the visitor anonymously.

The main aims of this are:

– To allow anonymous identification of users’ navigators through the “Cookie” (identifies browsers and devices, not people) and therefore the approximate number of visitors and their trend over time.

– To anonymously identify the most visited content and therefore most attractive to users.

– Know if the user accessing is new or a returning visit.

Unless the user decides to register on the Website, the cookie will never will be associated with any personal data that can identify the user. These cookies will only be used for statistical purposes to help optimize the user experience on the Website.

More information about the privacy policy of these analytical tools can be found on: Google Analytics

Advertising Cookies: This type of cookie give more information concerning the advertisements shown on Websites. The companies that generate these cookies have their own privacy policies. This Website does not have external advertising so these are not used.

Acceptance of cookies

If you continue navigating this site once the information regarding the Cookies Policy has been displayed, we will understand that you accept the use of cookies by this Website and its applications. However, if you want, you can change your cookies settings at any time by configuring your browser to accept or reject the cookies you receive, or be notified when a server wants to save a cookie.

We inform you that in the event you block or choose not to accept the installation of cookies, it is possible that certain services may not be available without them or you may not be able to access certain services or take full advantage of everything that our Websites and its applications offer. In addition to the use of our own cookies, we allow third parties to set cookies and access them on your computer. The consent to these companies using cookies is also given by navigating this Website.

We thank you for accepting the cookies on our Website as this helps us to obtain more precise data and continue to improve the content.

In the event that this Website provides any type of special service that would require a specific set of provisions in terms of data protection and use of cookies, then the specific rules indicated for this specific service shall prevail over these.

When you access this Website or application for the first time, you will see a window informing you about the use of cookies and where you can find this Cookies Policy. If you accept the use of cookies, by continuing browsing or clicking any link it is understood that you agree with our Cookies Policy and therefore their installation on your computer or device.

Our Website uses the following cookies:

Name of Cookie	Origin	Purpose	Expiry
pll_language	www.antoniovaldivieso.com	Know the language viewed on the website	When browser is closed
cookie_notice_accepted	www.antoniovaldivieso.com	Know if user has accepted the use of cookies	1 month

Do we update our Cookie Policy?

We may update our Website Cookie Policy, therefore we recommend that you review this policy each time you access our Website to ensure you are duly updated on how and why we use cookies Our Cookies Policy was last updated on 1 August 2018.