TERMS AND CONDITIONS
I. GENERAL INFORMATION
In compliance with the duties of information provided in Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information of this website is provided below:
The ownership of this website, masajesbrahma.com, (hereinafter, Web Site ) is held by: INDUS BCN 2014, SL, provided with NIF: B66411406 and registered in the Commercial Register in the TOMO 44572, FOLIO 52. SHEET B 460277, REGISTRATION 1 and whose contact information is:
Address: Calle Industria 17
Telephone: 932 076 780
Contact email: [email protected]
II. TERMS AND GENERAL CONDITIONS OF USE
The object of the 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 Conditions, the following shall be understood as the Website: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated in both the screen interfaces and in the navigation tree (hereinafter, Contents) and all those online services or resources that may be offered to Users (hereinafter, Services).
Brahma Massages reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be included in it. The User acknowledges and accepts that at any time Masajes Brahmas may interrupt, deactivate and / or cancel any of these elements that are integrated into the Website or access to them.
The access to the Website by the User is open and free, without the User having to satisfy any amount or consideration to be able to enjoy it, except for the cost of the connection through the telecommunications network provided by the User’s access provider.
The access, navigation and use of the Website, as well as the spaces enabled to interact between the Users, and the User and Brahma Massages, including the comments, confers the condition of User, for which all the Conditions set forth herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be, are considered accepted the moment the User begins navigating the Website. Given the relevance of the foregoing, the User is recommended to read them each time he visits the Website.
The Brahma Massages Website provides diversity of information, services and data. The User assumes his/her responsibility to make a correct use of the Website. This responsibility will extend to:
- Use of the information, content and / or services and data offered by Brahma Massages without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may result in injury to the rights of third parties or the Website’s functioning.
- The veracity and legality of the information provided by the User in the forms provided by Brahma Massages for access to certain Content or Services offered by the Website. In any case, the User will immediately notify Masajes Brahma about any fact that constitutes an improper use of the information registered in such forms, such as, but not exclusively limited to, the theft, loss, or unauthorized access to identifiers and / or passwords, in order to proceed to their immediate cancellation.
Brahma Massages reserves the right to withdraw all comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that attempt against youth or childhood, the order or public safety or that, in his opinion, are not suitable for publication.
In any case, Brahma Massages will not be responsible for the opinions expressed by Users through comments or other blogging tools or any participation however it is conducted.
The mere access to this Website does not imply any kind of commercial relationship between Brahma Massages and the User.
The User declares to be of legal age and have sufficient legal capacity to be bound by these Conditions. Therefore, Brahma Massages Website is not directed to minors. Masajes Brahma declines any responsibility for non-compliance with this requirement.
The Website is aimed primarily at Users residing in Spain. Brahma Massages does not ensure that the Website complies with the laws of other countries, either in whole or in part. If the User resides or has his address in another place and decides to access and / or navigate the Website he/she will do so under his/her own responsibility and must ensure that such access and navigation complies with the local legislation that is applicable, not holding Brahma Massages liable for any responsibility that may derive from such access.
III. ACCESS AND NAVIGATION ON THE WEBSITE: DISCLAIMER OF GUARANTEES AND LIABILITY
Brahma Massages does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. Brahma Massages will do everything possible for the proper functioning of the Website, however, does not assume responsibility or guarantee that access to this Website will not be uninterrupted or error-free.
Neither is Brahma Massages responsible or guarantees that the content or software that can be accessed through this Website, is free of error or will not cause damage to the computer system (software and hardware) of the User. In no caseBrahma Massages will be responsible for losses or damages 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.
Brahma Massages 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 the lack, interruptions, lack or defect of telecommunications that may occur.
IV. PRIVACY AND DATA PROTECTION POLICY
Brahma Massages is committed to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.
- 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).
Identity of the person responsible for the processing of personal data
The person responsible for the treatment of personal data collected in Brahma Massages is: INDUS BCN 2014 S.L., provided with VAT NUMBER B66411406 and registered in the Mercantile Registry in BOOK 44572, PAGE 52. SHEET B 460277, REGISTRATION 1. Contact information is as follows:
Address: Calle Industria 17
Telephone number: 932 076 780
Contact email: [email protected]
Personal Data Registry
The personal data collected by Brahma Massages, through the forms extended on its pages, will be entered in an automated file under the responsibility of the Data Controller, and duly declared and registered in the General Register of the Data Protection Agency that can be consulted on the website of the Spanish Agency for Data Protection (http://www.agpd.es), in order to facilitate, expedite and meet the commitments established between Brahma Massages and the User or maintaining the relationship it is established in the forms that he/she fills out, or to attend a request or consultation of the same.
Principles applicable to the processing of personal data
The treatment of the User’s personal will be subject to the following principles set forth in article 5 of the RGPD:
- Principle of legality, loyalty and transparency: the consent of the User will be required at all times prior to informing him/her in a completely transparent manner, the purposes for which personal data collected.
- Principle of limitation of purpose: personal data will be collected for specific, explicit and legitimate purposes.
- Principle of minimization of data: the personal data collected will only the strictly necessary in relation to the purposes for which it is treated.
- Principle of accuracy: personal data must be accurate and always updated.
- Principle of limitation of the term of conservation: the personal data will only be maintained in such a way that the identification of the User is allowed for the necessary time period for the purposes of its treatment.
- Principle of integrity and confidentiality: personal data will be treated in a way that its security and confidentiality is guaranteed.
- Principle of proactive responsibility: the controller will be responsible for ensuring that the above principles are met.
Category of Personal Data
The categories of data that are discussed in Brahma Massages are only identifying data. In no case are special categories of personal data treated in the sense of article 9 of the RGPD.
Legal basis for the treatment of personal data:
The legal basis for the treatment of personal data is consent. Brahma Massages undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or several specific purposes.
The User shall have the right to withdraw his/her consent at any time. It will be as easy to withdraw the consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.
On occasions when the User must or may provide their information through forms in order to make inquiries, request information or for reasons related to the content of the Website, he/she will be informed in case that the completion of any of them is mandatory because they are essential for the proper development of the operation trying to perform.
Purposes of the treatment to which the personal data are destined
Personal data is collected and managed by Brahma Massages in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter completes or to address a request or inquiry.
Likewise, the data may be used for a commercial, personalization, operational and statistical purposes, and activities of the corporate purpose of Brahma Massages, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as how to improve the quality, operation and navigation of the Website.
When the personal data are obtained, the User will be informed about the purpose or specific purposes of the treatment to which the personal data will be assigned; that is, the use or uses that will be given to the information collected.
Rights derived from the processing of personal data
The User may, therefore, exercise the following rights recognized in the RGPD with the Responsible for Treatment:
- Right of access: It is the right of the User to obtain confirmation of whether Brahma Massages is treating his/her personal data or not, and if so, to obtain information about his personal data and the treatment that Brahma Massages have made or performed, as well as, among other, of the information available on the origin of said data and the recipients of the communications made or anticipated thereof.
- Right to rectification: It is the right of the User to modify their personal data that prove to be inaccurate or, considering the purposes of the treatment, incomplete.
- Right of withdrawal (“the right to be forgotten”): It is the User’s right, provided that the current legislation does not establish otherwise, to obtain the deletion of their personal data when these are no longer necessary for the purposes for which they were collected or treated; the User has withdrawn his consent to the treatment and this does not have another legal basis; the User is opposed to the treatment and there is no other legitimate reason to continue with it; personal data have been treated illicitly; personal data should be deleted 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 deleting the data, the Data Controller, considering the available technology and the cost of its application, must take reasonable measures to inform those responsible who are processing the personal data of the interested party’s request to delete any link to that personal data.
- Right to limitation of treatment: It is the right of the User to limit the processing of their personal data. The User has the right to obtain the limitation of the treatment when he challenges the accuracy of his personal data; the treatment is illegal; The Person in charge of the treatment no longer needs the personal data, but the User needs it to make claims; and when the User has opposed the treatment.
- Right to data portability: In the event that the processing is carried out by automated means, the User shall be entitled to receive from the Data Controller their personal data in a structured format, commonly used and mechanically read, and to transmit them to another responsible for the treatment. Whenever technically possible, the Data Controller will transmit the data directly to that other person in charge.
- Right of opposition: It is the right of the User to not carry out the processing of their personal data or to cease the treatment of them by Brahma Massages.
- Right not to be subject to a decision based solely on automated processing, including profiling: It is the right of the User not to be subject to an individualized decision based solely on the automated processing of their personal data, including the elaboration of profiles, existing unless the current legislation establishes the opposite.
Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference “RGPD-masajesbrahma.com”, specifying:
- Name, last name of the User and a copy of the DNI. In the cases in which the representation is admitted, it will also be necessary the identification by the same means of the person representing the User, as well as the document accrediting the representation. The photocopy of the ID may be substituted, by any other means valid in law that proves the identity.
- Request with the specific reasons for the request or information to which you want to access.
- Address to effect of notifications.
- Date and signature of the applicant
- Any document that certifies the request that you formulate.
This request and any other attached document can be sent to the following postal address and/or email address.
Postal Address: Calle Industria 17 local
Email: [email protected]
Links to third-party websites
The Website may include hyperlinks or links that allow access to web pages of third parties other than Brahma Massages, and that therefore are not operated by Brahma Massages. The owners of said websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.
Claims before the supervisory authority
In the event that the User considers that there is a problem or infringement of the current regulations in the way in which their personal data are being processed, they will have the right to effective judicial protection and to present a claim to a control authority, in particular, in the State in which he has his habitual residence, place of work or place of the alleged infringement. In the case of Spain, the control authority is the Spanish Agency for Data Protection (http://www.agpd.es).
V. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION
Brahma Massages reserves the right to present civil or criminal actions it deems necessary for the improper use of the Website and Content, or for breach of these Conditions.
The relationship between the User and Brahma Massages 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 judges and courts that correspond according to law.
Last modification: October 17, 2018