LEGAL NOTICES AND GENERAL TERMS OF USE OF THE WEBSITE
I. GENERAL INFORMATION
In compliance with the information requirements pursuant to Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information regarding this website is provided below:
The owner of this website, www.bellaluna-equestrian.com (hereinafter referred to as the Website), is: Celine Bart, with tax identification number: Y7300181H, whose contact details are:
Address: Carrer del Corall 16, 07600 Palma Contact telephone: 642859348 Contact email: bellaluna.equestrian@gmail.com
II. GENERAL TERMS AND CONDITIONS OF USE
Subject of the terms and conditions: The website
The subject of these General Terms of Use (hereinafter referred to as "Terms") is the regulation of access to and use of the website. For the purposes of these Terms, "Website" means: the external appearance of the screen interfaces, both static and dynamic, i.e., the navigation structure; and all elements integrated into the screen interfaces and the navigation structure (hereinafter referred to as "Content") and all online services or resources that may be offered to users (hereinafter referred to as "Services").
The online shop reserves the right to change the presentation and configuration of the website, as well as any content and services it may contain, at any time and without prior notice. The user acknowledges and accepts that Bella Luna Equestrian may, at any time, suspend, deactivate, and/or cancel any of these elements integrated into the website or access to them.
User access to the website is free and usually free of charge, without the user having to provide any consideration in order to use it, with the exception of connection costs via the telecommunications network provided by the access provider commissioned by the user.
Some content or services on the website may require prior registration or login by the user.
The user
Accessing, navigating, and using the website, as well as the areas intended for interaction between users and between the user and the online store, such as comments and/or blogging sections, confers user status. By doing so, from the moment you begin navigating the website, you accept all the terms and conditions set forth herein, as well as any subsequent amendments, without prejudice to the application of any applicable mandatory legal provisions. Given the importance of the foregoing, users are advised to read these terms and conditions each time they visit the website.
The online shop's website offers a wide variety of information, services, and data. The user is responsible for the correct use of the website. This responsibility extends to:
Use of the information, content, and/or services and data offered by the online shop that does not violate these terms and conditions, the law, morality, or public order, or otherwise infringe upon the rights of third parties or the functioning of the website itself. The truthfulness and legality of the information provided by the user in the forms issued by the online shop for access to certain content or services offered on the website. In any case, the user will immediately inform the online shop of any circumstance that could enable the misuse of the information registered in these forms, such as, but not limited to, theft, loss, or unauthorized access to usernames and/or passwords, in order to initiate their immediate cancellation.
The online shop reserves the right to remove all comments and posts that violate laws, the dignity of the person, are discriminatory, xenophobic, racist, pornographic, constitute spam, are against young people or children, violate public order or safety, or are, in its sole discretion, unsuitable for publication.
In any case, the online shop is not responsible for opinions expressed by users via comments or other blogging or participation tools.
Simply accessing this website does not establish a commercial relationship between the online shop and the user.
In compliance with applicable legislation, this website of the online shop is aimed at all persons, regardless of their age, who can access and/or navigate the pages of the website.
III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
The online shop does not guarantee the continuity, availability, or usefulness of the website, its content, or services. While the online shop will make every effort to ensure the website functions properly, it assumes no responsibility and does not guarantee that access to this website will be uninterrupted or error-free.
Likewise, the online shop assumes no responsibility and does not guarantee that the content or software accessible through this website is error-free or will not damage the user's computer system (software and hardware). Under no circumstances is the online shop liable for any loss, damage, or disadvantage of any kind arising from accessing, navigating, or using the website, including, but not limited to, those affecting computer systems or caused by the introduction of viruses.
The online shop also accepts no responsibility for damages that users may incur through improper use of this website. In particular, it is in no way responsible for outages, interruptions, missing or faulty telecommunications that may occur.
IV. DATA PROTECTION POLICY AND DATA PROTECTION
In compliance with applicable legislation, the online shop undertakes to take the necessary technical and organizational measures in accordance with the appropriate level of security for the risk of the data collected.
Laws that incorporate this privacy policy
This privacy policy complies with current Spanish and European legislation on the protection of personal data online. In particular, it adheres to the following regulations:
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 the Protection of Personal Data and Guarantees of Digital Rights (LOPD-GDD). Royal Decree 1720/2007 of 21 December, authorizing the implementing regulation of 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 responsible for processing personal data
The controller responsible for processing the personal data collected in the online shop is: Celine Bart, with tax identification number: Y7300181H (hereinafter referred to as the data controller). Her contact details are:
Address: Carrer del Corall 16, 07600 Palma Contact telephone: 642859348 Contact email: bellaluna.equestrian@gmail.com
Register of personal data
In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by the online store via the forms displayed on its pages will be included in our files and processed to facilitate, expedite, and fulfill the obligations established between the online store and the user, to maintain the relationship established in the forms completed by the user, or to process a request or consultation from the user. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities will be maintained, specifying the processing activities carried out and the other circumstances stipulated in the GDPR, depending on the purpose.
Principles for the processing of personal data
The processing of the user's personal data is subject to the following principles set out in Article 5 of the GDPR:
Principles of lawfulness, fairness, and transparency: User consent will always be required after fully transparent information about the purposes for which personal data is collected. Principle of purpose limitation: Personal data is collected for specific, explicit, and legitimate purposes. Principle of data minimization: The personal data collected will only be that which is strictly necessary in relation to the purposes for which it is processed. Principle of accuracy: Personal data must be accurate and always up to date. Principle of storage limitation: Personal data will only be retained for as long as is necessary for the purposes for which it is processed to identify the user. Principle of integrity and confidentiality: Personal data will be processed in a manner that ensures its security and confidentiality. Principle of accountability: The data controller is responsible for ensuring compliance with the aforementioned principles.
Categories of personal data
The data categories processed in the online shop are exclusively identification data. Under no circumstances are special categories of personal data within the meaning of Article 9 GDPR processed.
Legal basis for the processing of personal data
The legal basis for processing personal data is consent. The online shop undertakes to obtain the user's explicit and verifiable consent for processing their personal data for one or more specific purposes.
The user has the right to withdraw their consent at any time. Withdrawing consent will be just as easy as giving it. Generally, withdrawing consent does not make using the website a condition of continued use.
In cases where the user must or can provide their data via forms to make inquiries, request information, or for reasons related to the content of the website, they will be informed if filling out some of these forms is mandatory, as they are essential for the proper execution of the operation.
purposes of processing for which personal data are intended
Personal data is collected and managed by the online shop to facilitate, expedite and fulfill the obligations established between the website and the user, to maintain the relationship established in the forms filled out by the user, or to process a request or consultation.
Likewise, the data may be used for commercial, personalized, operational and statistical purposes, as well as for activities that correspond to the business purpose of the online shop, and for the extraction, storage of data and marketing studies in order to adapt the content offered to the user and to improve the quality, functioning and navigation of the website.
At the time of collection of personal data, the user is informed about the specific purpose(s) of the processing for which the personal data are intended; i.e., about the use that will be given to the collected information.
Retention periods for personal data
Personal data will only be stored for the minimum time necessary for its processing and in any case only for the following period: 2 years, or until the user requests its deletion.
At the time of collection of personal data, the user is informed of the period for which personal data will be kept, or, if this is not possible, of 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:
If the controller intends to transfer personal data to a third country or an international organisation, the user will be informed at the time the personal data is collected about the third country or international organisation to which the data are to be transferred, as well as about the existence or absence of an adequacy decision by the Commission.
Personal data of minors
In accordance with Articles 8 of the GDPR and 13 of the RDLOPD, only persons over 14 years of age may give their consent to the lawful processing of their personal data by the online shop. For persons under 14 years of age, the consent of their parents or legal guardians is required for processing, and this consent is only valid if granted by them.
Confidentiality and security of personal data
The online shop undertakes to take the necessary technical and organizational measures in accordance with the appropriate level of security for the risk of the data collected, in order to guarantee the security of personal data and to prevent the accidental or unlawful destruction, loss or alteration of transmitted, stored or otherwise processed personal data, or the unauthorized disclosure or unauthorized access to such data.
The website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as data transmission between server and user, as well as in feedback, is fully encrypted.
However, since the online shop cannot guarantee the impregnability of the internet and the complete absence of hackers or other individuals who fraudulently access personal data, the data controller is obligated to inform the user without undue delay if a personal data breach occurs that is likely to result in a high risk to the rights and freedoms of natural persons. According to Article 4 of the GDPR, a personal data breach is defined as any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.
Personal data is treated as confidential by the data controller, who is obligated to inform and ensure through a legal or contractual obligation that this confidentiality is respected by his employees, partners and all persons to whom he makes the information accessible.
Rights arising from the processing of personal data
The user has the following rights recognized under the GDPR vis-à-vis the online shop and can therefore exercise them vis-à-vis the controller responsible for processing:
Right of access: Users have the right to obtain confirmation as to whether or not the online shop processes their personal data, and if so, information about their specific personal data and the processing carried out or to be carried out by the online shop, including available information about the origin of this data and the recipients of any communications made or planned. Right to rectification: Users have the right to have their personal data corrected if it is inaccurate or incomplete, taking into account the purposes of the processing. Right to erasure (“right to be forgotten”): Unless otherwise provided by applicable legislation, users have the right to have their personal data erased if it is no longer necessary for the purposes for which it was collected or processed; the user has withdrawn their consent to the processing and there is no other legal basis for it; the user objects to the processing and there is no other legitimate ground for continuing the processing; personal data has been unlawfully processed; or personal data must be erased to comply with a legal obligation. or personal data collected as a result of a direct offer of information society services to a person under 14 years of age. In addition to erasing the data, the data controller must, taking into account available technology and the cost of its application, take reasonable steps to inform controllers processing the personal data of the data subject's request to erase any links to such personal data. Right to restriction of processing: It is the user's right to restrict the processing of their personal data. The user has the right to obtain restriction of processing if they contest the accuracy of their personal data; the processing is unlawful; the controller no longer needs the personal data, but the user requires them for the establishment, exercise, or defense of legal claims; and if the user has objected to the processing. Right to data portability: Where processing is carried out by automated means, the user has the right to receive their personal data from the controller in a structured, commonly used, and machine-readable format and to transmit those data to another controller. Where technically feasible, the data controller will transmit the data directly to this other controller. Right to object: Users have the right to have their personal data not processed or to have the online shop cease processing it. Right not to be subject to a decision based solely on automated processing, including profiling: Users have the right not to be subject to an individual decision based solely on automated processing of their personal data, including profiling, unless applicable law provides otherwise.
The user can therefore exercise their rights by sending a written notification to the data controller with the subject line "GDPR - www.bellaluna-equestrian.com ", stating:
User's first and last name and a copy of their identity card. In cases where representation is permitted, identification of the person representing the user in the same manner is also required, along with the document proving the representation. The photocopy of the identity card may be replaced by any other legally valid means of proving identity. A request stating the specific reasons for the request or the information to be accessed. Address for notification purposes. Date and signature of the requester. Any document that substantiates the request.
This request and all other attached documents can be sent to the following address and/or email:
Postal address: Carrer del Corall 16, 07600 Palma Email: bellaluna.equestrian@gmail.com
Links to third-party websites
The website may contain hyperlinks or links that provide access to third-party websites which are different from the online shop and therefore not operated by the online shop. The owners of these websites have their own privacy policies and are in any case solely responsible for their own data and privacy practices.
Complaints to the supervisory authority
If a user believes there is a problem or violation of applicable regulations regarding the way their personal data is processed, they have the right to effective legal protection and may lodge a complaint with a supervisory authority, in particular in the country where they have their habitual residence, their place of work, or the 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 for the user to have read and agreed to the terms of this privacy policy regarding the protection of personal data, and to consent to the processing of their personal data so that the data controller can carry it out in the specified manner, for the specified periods, and for the specified purposes. Use of the website implies acceptance of its privacy policy.
The online shop reserves the right to modify its privacy policy at its sole discretion or due to changes in legislation, case law, or the doctrine of the Spanish Data Protection Agency. Users will be explicitly notified of any changes or updates to this privacy policy.
This privacy policy was updated on 25 January 2024 to comply with 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) and with Organic Law 3/2018 of 5 December on the protection of personal data and guarantee of digital rights (LOPD).
V. COOKIE POLICY
Access to this website may involve the use of cookies. Cookies are small pieces of information stored in the browser used by the user – across the various devices they may use to navigate – so that the server remembers certain information, which can later only be read by the server that implemented them. Cookies facilitate navigation, make it more user-friendly, and do not damage the browsing device.
Cookies are automatic methods for collecting information about the preferences set by the user during their visit to the website, in order to recognize them as a user and personalize their experience and use of the website. They can also help, for example, to identify and fix errors.
The information collected via cookies may include the date and time of visits to the website, the pages viewed, the time spent on the website, and the websites visited immediately before and after the visit. However, no cookie can contact the user's telephone number or any other personal contact information. No cookie can extract information from the user's hard drive or steal personal information. The only way for the user's private information to become part of the cookie file is if the user explicitly provides this information to the server.
Cookies that allow for the identification of a person are considered personal data. Therefore, the data protection policy described above applies to them. In this sense, the user's consent is required for their use. This consent is given based on a genuine choice, offered through a positive and affirmative decision prior to the initial processing, is revocable, and is documented.
Own cookies
These are cookies that are sent to the user's computer or device and are managed exclusively by the online shop to ensure the website functions optimally. The information collected is used to improve the quality of the website and its content, as well as the user experience. These cookies allow the website to recognize the user as a returning visitor and to personalize the content to offer items that match their preferences.
The entity(ies) responsible for providing cookies may disclose this information to third parties if required by law or if a third party processes this information on behalf of these entities.
Social network cookies
The online shop integrates social network plugins that allow access to these networks from the website. Therefore, social network cookies may be stored in the user's browser. The owners of these social networks have their own privacy and cookie policies and are solely responsible for their own data and privacy practices. Users should refer to these policies to learn about these cookies and, where applicable, the processing of their personal data. For informational purposes only, the links to these privacy and/or cookie policies are provided below:
Facebook: https://www.facebook.com/policies/cookies/ Twitter: https://twitter.com/es/privacy Instagram: https://help.instagram.com/1896641480634370?ref=ig YouTube: https://policies.google.com/privacy?hl=de Google+: https://policies.google.com/technologies/cookies?hl=de Pinterest: https://policy.pinterest.com/de/privacy-policy LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies
Disabling, rejecting and deleting cookies
Users can disable, reject, and delete cookies installed on their device—in whole or in part—via their browser settings (this includes, for example, Chrome, Firefox, Safari, and Explorer). The procedures for rejecting and deleting cookies may vary from one internet browser to another. Therefore, users must follow the instructions provided by their specific browser. If users reject the use of cookies—in whole or in part—they can still use the website, although some of its features may be limited.
Changes to the Cookie Policy
It is possible that the website's cookie policy may change or be updated. Therefore, users are advised to review this policy each time they access the website to be properly informed about how and for what purpose we use cookies.
VI. LINK POLICY
Please note that the online store's website provides, or may provide, users with linking tools (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 make it easier for users to search for and access information available on the Internet, without this being to be regarded as a suggestion, recommendation or invitation to visit them.
The online shop neither offers nor sells the products and/or services available on these linked websites, either directly or through third parties.
Likewise, he does not guarantee the technical availability, accuracy, truthfulness, validity or legality of websites that are not owned by him and can be accessed via links.
The online shop will under no circumstances review or control the content of other websites, nor does it endorse, verify or adopt as its own the products and services, content, files and any other material available on the aforementioned linked websites.
The online shop accepts no responsibility for damages that may arise from accessing, using, the quality or legality of the content, communications, opinions, products and services of websites not managed by the online shop that are linked on this website.
The user or third party who creates a hyperlink to the online shop's website from another website must be aware that:
The reproduction – in whole or in part – of any of the website's content and/or services is not permitted without the express permission of the online shop. Likewise, no false, inaccurate, or incorrect statements about the online shop's website or its content and/or services are permitted.
With the exception of the hyperlink, the website on which this hyperlink is placed may not contain any element of this website that is protected as intellectual property under Spanish law, unless expressly authorized by the online store.
The creation of a hyperlink does not imply any relationship between the online store and the owner of the website from which it is created, nor does it imply the online store's knowledge and acceptance of the content, services and/or activities offered on that website, and vice versa.
VII. INTELLECTUAL AND INDUSTRIAL PROPERTY
The online shop, either directly or as assignee, owns all intellectual and industrial property rights to the website and its constituent elements (including, but not limited to, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). These are therefore works protected as intellectual property under Spanish law, with both Spanish and EU legislation in this area, as well as international treaties on this subject signed by Spain, being applicable.
All rights reserved. In accordance with the provisions of the Intellectual Property Act, the reproduction, distribution and making available to the public, including its mode of provision, of all or part of the content of this website for commercial purposes on any medium and by any technical means without the authorization of the online store is expressly prohibited.
The user agrees to respect the intellectual and industrial property rights of the online store. They may view, print, copy, and save elements of the website to their computer's hard drive or other physical media, provided this is solely for their personal use. However, the user may not remove, modify, or tamper with any protective devices or security systems installed on the website.
If the user or a third party believes that any of the content on the website constitutes an infringement of intellectual property rights, they must immediately inform the online shop using the contact details in the GENERAL INFORMATION section of these Legal Notices and General Terms of Use.
VIII. LEGAL STEPS, APPLICABLE LAW AND JURISDICTION
The online shop reserves the right to take any civil or criminal action it deems necessary for the improper use of the website and its content or for non-compliance with these terms and conditions.
The relationship between the user and the online shop is governed by the applicable regulations in Spain. Should any dispute arise concerning the interpretation and/or application of these terms and conditions, the parties submit their disputes to the jurisdiction of the ordinary courts and the competent courts.
Last updated: November 27, 2024
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