TERMS & CONDITIONS
The owner of this website, www.jibazahora.com, (hereinafter, Website) is JibaZahora S.L., with CIF B72357544 and the following contact details:
Diseminado Zahora, 199
11159 Zahora, Cádiz, Spain
Tel. + 34 620 543 801
GENERAL TERMS AND CONDITIONS OF THE WEBSITE
The object of this policy: 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 in this context is understood to be: the external appearance of the screen interfaces, both statically and dynamically, the navigation tree; all the elements integrated in both 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).
JibaZahora reserves the right to modify the presentation and configuration of the Website, including the Content and Services offered, at any time and without prior notice. The User acknowledges and accepts that JibaZahora may interrupt, deactivate and/or cancel any of the elements of this Website as well as access to these at any time.
Access to the Website is open and free of charge. There are no prior requirements on behalf of the User to access and use the Website. Excluded from this are (potential) costs to the User incurred for internet access and any contract with an Internet Service Provider.
The use of parts of the Content or Services of the Website may be done through the subscription or prior registration of the User.
A User is any person who accesses, navigates or uses the Website including spaces for interaction between Users or the User and JibaZahora, such as comments and/or blogging spaces. It is assumed that a User accepts all the Conditions and their subsequent modifications outlined in these policies from the moment the Website navigation begins, notwithstanding the application of any corresponding mandatory legal regulations in individual cases.
Given the importance of these policies, it is recommended to review these conditions prior to each visit of the Website.
The JibaZahora website provides a great diversity of information, services and data. The User is responsible to use it appropriately. This includes:
Always using information, content, services and data offered by JibaZahora in accordance with these Conditions, the Law, morals or public order, and protecting the rights of other people by not causing any injury to third parties or interfering with the operation of the Website.
Always providing true and lawful information and data when participating or contributing in any way in Content or Service accessible on and offered by the Website. Furthermore, the User must notify JibaZahora immediately about any breaches and security concerns that allow the improper use of the data entered/recorded in forms, comments or blogs. This includes but is not limited to the theft, loss or unauthorized access to identifiers and/or passwords and will set in motion immediate action to remediate the issue.
JibaZahora reserves the right to remove all comments and contributions that violate the law, express disrespect for the dignity of other people, that are discriminatory, xenophobic, racist, pornographic, spamming, represent abuse or misuse of children or young people, are endangering public order or safety or that are deemed as not suitable for publication.
Furthermore, JibaZahora will not be responsible for the opinions expressed by Users through comments or blogging tools or any other participation.
The mere access to this Website does not imply any kind of commercial relationship between JibaZahora and the User.
The User declares to be of legal age and have sufficient legal capacity to be bound by these Conditions. This Website of JibaZahora is not directed to minors. JibaZahora declines any responsibility for the breach of this requirement.
ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND LIABILITY
JibaZahora does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. JibaZahora will do everything possible for the proper functioning of the Website, however, does not assume responsibility or guarantee that access to this Website will be uninterrupted or error-free.
Neither is JibaZahora responsible or guarantees that the content or software that can be accessed through this Website, is free of error or could not cause damage to the computer system (software and hardware) of the User. Under no circumstances will JibaZahora be liable for harms, damages or losses of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.
JibaZahora is not responsible for any damages that may be caused to Users due to improper use of this Website. In particular, it is not responsible in any way for interruptions, lack or defect of telecommunication services that may occur.
In compliance with current legislation, JibaZahora undertakes all reasonable effort to adopt and implement the necessary and appropriate technical and organizational security measures to protect the collected data.
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 the free movement of such data (RGPD).
The Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD).
Royal Decree 1720/2007, of December 21, which approves 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 Services of the Information Society and Electronic Commerce (LSSI-CE).
Person responsible for the processing of personal data
The person responsible for processing the personal data collected on JibaZahora is: Vicenta Basallote Gomez (hereinafter, also Controller), whose contact details are as follows:
Diseminado Zahora, 199
11159 Zahora, Cádiz
Tel. + 34 620 543 801
Principles relating to the processing of personal data
The processing of the personal data of the User will be subject to the following principles set forth in article 5 of the GDPR:
Personal data shall be:
processed lawfully, fairly and in a transparent manner in relation to the User (‘lawfulness, fairness and transparency’);
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes (‘purpose limitation’);
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data which are inaccurate with regards to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
kept in a form which permits identification of Users for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the User (‘storage limitation’);
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
Categories of personal data
JibaZahora only collects and processes identifying data and no data that falls into any of the special categories of personal data as per article 9 of the GDPR.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. JibaZahora assumes that the User is giving consent to the processing of their personal data for one or more purposes by contacting JibaZahora via the available contact form(s) or any other means.
The User has the right to withdraw their consent at any time by contacting JibaZahora in writing. Withdrawing consent will not affect or limit the use of the Website.
When the User is asked to provide personal information through contact forms in order to make inquiries, request information or for other reasons related to the Content of the Website, it is understood that this information is necessary and required to deal with the inquiry.
Purposes of the processing of the personal data
The personal data is collected and managed by JibaZahora in order to facilitate, expedite and fulfill the commitments established between the Website and the User, to maintain the relationship established in the forms completed by the User or to answer a request or inquiry.
Likewise, the data may be used for commercial purposes such as operational or statistical personalisation to adapt the Content offered with the intent to improve the individual user experience. The data may also be gathered, stored and analysed in order to improve the general quality, operation and navigation of the Website.
Recipients of personal data
The personal data of the User will not be shared with third parties.
Personal information of minors
Complying with articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may grant their consent for the processing of their personal data by JibaZahora in a lawful manner. For children under the age of 14 the consent of the parents or guardians will be necessary. Data collection and processing will only be considered lawful to the degree that it has been authorised by parents or guardians.
Privacy and security of personal data
JibaZahora undertakes all reasonable effort to adopt and implement the necessary and appropriate technical and organizational security measures to ensure the security of the personal data and to prevent destruction, loss or accidental or unlawful alteration of personal data, obtained, stored or by JibaZahora, as well as processed conserved or prevent unauthorized communication or access to this data.
The Website has an SSL certificate (Secure Socket Layer), which ensures that personal data between the server and the User is transmitted in a secure and confidential manner through encryption.
However, JibaZahora cannot guarantee the flawless functioning of the internet nor the total absence of hackers or others who fraudulently access personal data. The Controller will notify the User without undue delay should any violation of security of personal data which could pose a high risk for the rights and freedoms of natural persons occur. A violation of the security of personal data means any breach of security that causes the destruction, loss or accidental or unlawful alteration of personal data transmitted, preserved or otherwise processed, or the unauthorized communication or access to this data.
Personal data will be treated as confidential by the person responsible for the processing, which will extend to all employees, associates, and any person who has access to this data.
Rights derived from the processing of personal data
The User can exercise the following rights recognised in the GDPR towards JibaZahora and consequently the Controller:
Right of access: the User has the right have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, to what extend and purpose as well as access to the personal data and be the following information
Right to rectification: the User has the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the User shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Right of erasure (“the right to be forgotten”): the User has the right to obtain Controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; the User withdraws consent on which the processing is based and where there is no other legal ground for the processing; the User objects to the processing and there are no overriding legitimate grounds for the processing, or the User objects to the processing; the personal data have been unlawfully processed; the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject; the personal data have been collected in relation to the offer of information society services.
Right to restrictions of processing: the User has the right to obtain from the controller restriction of processing where one of the following applies: the accuracy of the personal data is contested by the User, for a period enabling the controller to verify the accuracy of the personal data; the processing is unlawful and the User opposes the erasure of the personal data and requests the restriction of their use instead; the controller no longer needs the personal data for the purposes of the processing, but they are required by the User for the establishment, exercise or defence of legal claims; the User has objected to processing pending the verification whether the legitimate grounds of the controller override those of the User.
Right to data portability: The User has the right to receive the personal data concerning him or her, which he or she has provided, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided.
Right to object: the User have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her and can request that processing of their data must cease.
Right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or he.
The User may exercise their rights by written communication addressed to the person in charge of processing with the reference “RGPD-www.jibazahora.com”, specifying:
First and Last name of the User and a copy of some form of formal identification/DNI. In cases in which the User is legally represented by another person, it is also necessary to provide the same information and documentation for the representative together with documentation authorising the representation. The photocopy of the formal identification/DNI may be substituted by any legally valid form of identification.
The request giving the specific reasons for the request or the information which the User wants to access.
Address to where any notification shall be sent.
Date and signature of the applicant.
Any document supporting the request.
This application and any other attached document may be sent to the following address and / or email:
Diseminado Zahora, 199
11159 Zahora, Cádiz
Tel. +34 640 695 681
Links to third-party websites
The Website may include hyperlinks or links that allow access to web pages of third parties other than JibaZahora, and therefore are not operated by JibaZahora. The owners of said websites will have their own data protection policies and are in each case responsible for their own files and their own privacy practices.
Complaints before the supervisory authority
In the event that the User considers there is a problem or infringement of the current regulations regarding the way in which their personal data are being processed, they have the right to effective judicial protection. They may lodge complaint to the relevant control authority, the Spanish Agency for Data Protection (http://www.agpd.es).
Cookies are automatic procedures used to collect information about Users and their preferences during their visit to the Website. They assist in identifying and recognising them as a User and can be used to personalise their experience and use of the Website. They may also 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 it. However, cookies cannot make contact with the User’s by using their phone number or any other means of personal contact. Cookies cannot extract information from the User’s hard drive or steal personal information. The only way that the User’s private information is part of the Cookie file is if the User actively and personally enters that information onto the Website and the server.
Own cookies are those that are sent to the computer or device of the User and managed exclusively by JibaZahora with the aim to ensure the best functioning of the Website. The information collected is used to improve the quality of the Website, its Content and the user-experience. These cookies allow for the User to be recognized as a recurring visitor to the Website and to adapt the content to better suit their preferences.
Social Network Cookies
JibaZahora incorporates social network plugins, which allow access to these services from the Website. Consequently, social network cookies can be stored in the User’s browser. The owners of these social networks have their own data protection and cookies policies, and respectively being themselves responsible for their own files and privacy practices. The User must refer to them for information about these cookies and, where appropriate, the processing of their personal data.
Disable, reject and delete Cookies
Changes in the Cookies Policy
The Website JibaZahora may make additional information available using hyperlinks (such as links, banners, buttons), directories and search engines that allow Users to access websites owned and / or managed by third parties.
The installation of these links, directories and search engines on the Website is intended to provide Users with tools to search for and access information available on the Internet, without it being considered a suggestion, recommendation or invitation to visit them.
JibaZahora does not offer or market either on its own or through third parties the products and / or services available on these linked sites.
Likewise, it will not guarantee the technical availability, accuracy, validity or legality of sites not owned by JibaZahora, and which can be accessed through these links.
JibaZahora does not review or control the content of other websites, nor approve, examine or endorse the products and services, content, files and any other material existing in the linked sites.
JibaZahora does not assume any responsibility for the damages that could be produced by the access, use, quality or legality of the contents, communications, opinions, products and services of the websites not managed by JibaZahora and that are linked on this Website.
The User or third party that makes a hyperlink from a web page of another, different, website to the Website of JibaZahora should know that:
The reproduction – totally or partially – of any of the Contents and / or Services of the Website is not permitted without the express authorisation of JibaZahora.
No false, inaccurate or incorrect manifestation is allowed on the Website of JibaZahora, nor on the Contents and / or Services thereof.
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 authorised by JibaZahora.
The establishment of the hyperlink does not imply the existence of relations between JibaZahora and the owner of the website from which it is made, nor the knowledge and acceptance of JibaZahora of the contents, services and / or activities offered on said website and vice versa.
INTELLECTUAL AND COMMERCIAL PROPERTY
JibaZahora by itself or as a transferee, is the owner of all the intellectual and industrial property rights of the Website, as well as the elements contained therein (for example and not exhaustive, images, sound, audio, video, software or texts, trademarks or logos, combinations of colours, structure and design, selection of used materials, computer programs necessary for its operation, access and use, etc.). They are therefore considered work protected as intellectual property by the Spanish legal system, other applicable Spanish and European regulations, as well as international treaties relating to the subject and signed by Spain.
All rights reserved. Under the provisions of the Law on Intellectual Property, the reproduction, distribution and public communication, including its method of making available the contents of this web page – all or in parts – for commercial purposes, in any form and by any technical means are expressly prohibited without the authorisation of JibaZahora.
The User agrees to respect the intellectual and industrial property rights of JibaZahora. The User can view the elements of the Website or even print them, copy them and store them on their computer’s hard drive or any other physical support, provided that it is exclusively for personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was installed on the Website.
In the event that the User or a third party considers that any of the Content of the Website constitutes a violation of the rights of protection of intellectual property, it must immediately notify JibaZahora through the contact information in the General Information section of these Terms and Conditions.
LEGAL ACTION, APPLICABLE LEGISLATION AND JURISDICTION
JibaZahora reserves the right to present civil or criminal actions deemed necessary for the improper use of the Website and Content, or for the breach of these Conditions.
The relationship between the User and JibaZahora will 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 shall submit their disputes to the ordinary jurisdiction submitting to the corresponding judges and courts according to law.
Last Updated: 28 September 2018