OASIS BALEAR, S.L.
SIB GROUP / SIBPRODASA
Rambla Catalunya nº 15, 2º 1ª.
www.sibprodasa.es / www.sibtraining.es
ANNEX A: LEGAL NOTICE OF THE WEBSITE WWW.CANAUBARCA.COM
In compliance with Article 10 of Spanish Act 34/2002 on Information Society Services and Electronic Commerce, we include our details below for all users of the website:
Name or Corporate Name: OASIS BALEAR, S.L.
Fiscal Identification Number (NIF): B62321443
Registered office or residence: RONDA GENERAL MITRE 126, 6ª – 08021 BARCELONA (BARCELONA)
Email address: ADMINISTRACION@OASISBALEAR.COM
Telephone no.: 931223088
Registry information: This company is recorded at the Business Registry of BARCELONA in Tome 33.048, folio 200, sheet B-220.911.
By browsing THE WEBSITE of THE WEBSITE OWNER you are considered USER of the same and are agreeing to be bound by all of the provisions set out in this LEGAL NOTICE, which may be amended.
You undertake to make proper use of THE WEBSITE pursuant to the law, good faith, public order, website traffic uses and to this LEGAL NOTICE. You will be liable vis-à-vis THE WEBSITE OWNER or third parties for any damage resulting from the breach of this obligation.
Notifications and communications exchanged between the user and THE WEBSITE OWNER will be deemed effective, for all purposes, when they are submitted by post or by any of the means mentioned above.
THE WEBSITE and its services are openly available and free of charge, however, THE WEBSITE OWNER makes the use of some of the services offered on THE WEBSITE conditional upon previously completing the relevant form.
You warrant that all the information you provide to THE WEBSITE OWNER is true and up-to-date and you will be solely liable for any false or inaccurate statements made by you.
You expressly undertake to use THE WEBSITE OWNER’s contents and services in an appropriate manner and to refrain from using them to, among others:
a) disseminate criminal, violent, pornographic, racist, xenophobic or offensive content, or content that supports terrorism or is generally contrary to the law or public order;
b) introduce a computer virus into the network or carry out any actions that might alter, destroy, interrupt or cause errors or damage in the electronic documents, data, or physical and/or logical systems of THE WEBSITE OWNER or third parties; obstruct other users’ access to THE WEBSITE and its services via the massive use of the IT resources via which THE WEBSITE OWNER provides its services;
c) attempt to access the email accounts of other users or restricted areas of the IT systems of THE WEBSITE OWNER or third parties and, as the case may be, extract information;
d) infringe the intellectual and industrial property rights of or breach the confidentiality of the information of THE WEBSITE OWNER or third parties;
e) impersonate another user, public administration or third party;
f) reproduce, copy, distribute, make available or otherwise publicly disclose, transform or modify the contents, except where permitted by law or authorised by the holder of the corresponding rights;
g) collect data for advertising purposes; send advertising of any type and communications for sales purposes and any other communications of a commercial nature without their prior request or consent.
All of the contents of THE WEBSITE, including text, photographs, graphics, images, icons, technology, software, as well as their graphic design and source codes constitute a work that is the property of THE WEBSITE OWNER, and no rights of use over such work can be considered to be granted to the user beyond those that are strictly necessary for the use of THE WEBSITE.
Users who visit this website may view its contents and make, as the case may be, private authorised copies of the same provided that the copied contents are not subsequently transferred to third parties, are not installed in servers that are connected to networks and are not used in any way.
In any event, THE WEBSITE OWNER accepts no liability for any opinions shared by users via the blog or any other participation tools which might be created, pursuant to the provisions of the applicable legislation.
Similarly, all trademarks, trade names, or distinctive marks of any kind that appear on THE WEBSITE are the property of THE WEBSITE OWNER, with use of or access to the same not being considered to grant the user any rights in respect thereof.
All of the contents of THE WEBSITE are the property of THE WEBSITE OWNER or of third parties that have previously authorised their use. Therefore, use of or access to said contents will not be considered to grant the user any rights in respect of the same.
The distribution, modification, transfer or public disclosure of the contents and any act that is not expressly authorised by the owner of their rights of use are forbidden.
The insertion of a hyperlink does not entail the existence of a relationship between THE WEBSITE OWNER and the owner of the website to which the hyperlink refers, or the acceptance or approval by THE WEBSITE OWNER of the linked website’s contents or services. Individuals wishing to insert a hyperlink must previously submit a written request for THE WEBSITE OWNER’s consent. In any event, the hyperlink will only enable access to THE WEBSITE’s homepage or landing page. You will therefore refrain from making any type of false, inaccurate or incorrect statements regarding THE WEBSITE OWNER and including content that is unlawful or contrary to accepted customs and public order.
THE WEBSITE OWNER accepts no liability for each individual user’s use of the materials made available on THE WEBSITE or for the actions carried out on the basis of the same.
You undertake not to falsify your identity in order to impersonate another individual when submitting data or information requested from you.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
You, the user, acknowledge and agree that all copyrights, registered trademarks and other intellectual and industrial property rights over the materials or contents provided as part of THE WEBSITE correspond, at all times, to us or to entities that have granted us a licence for their use. You may use said material solely in the manner expressly authorised by us or by said entities. This will not prevent you from using THE WEBSITE in the manner required to copy information regarding your order or contact details.
Under the provisions of Articles 8 and 32.1, Paragraph 2 of the Spanish Copyright Act, the reproduction, distribution, public disclosure and making available of all or part of the contents of THE WEBSITE for commercial purposes, in any format and by any technical means, are expressly forbidden without THE WEBSITE OWNER’s authorisation.
4. EXTERNAL LINKS, VIRUSES AND OTHER IT ISSUES
You will not make improper use of THE WEBSITE by means of intentionally introducing into it a virus, Trojans, worms, logic bombs or any other programme or material causing technological damage or harm. You will not try to access THE WEBSITE, the server hosting said page or any server, computer or database related to THE WEBSITE without authorisation. You undertake not to carry out a denial-of-service or a distributed denial-of-service attack on THE WEBSITE.
The breach of the preceding provision could constitute an infringement as set out in the applicable regulations. We will notify any breach of said regulations to the competent authorities and will cooperate with them in order to identify the attacker. If you breach the preceding provision you will no longer be authorised to use this website, with immediate effect.
We accept no liability for any damage to your computer, IT equipment, data or materials resulting from a denial-of-service attack, virus or any other programme or material causing technological harm or damage as a result of using this web page or downloading the contents of the same or those of web pages to which you are redirected.
Any links to external websites and third-party materials that might be included on THE WEBSITE are provided for information purposes only. We do have any control over the content of said website or materials and will therefore not be liable for any damage or loss resulting from their use.
5. LIMITATION OF LIABILITY AND WARRANTIES
The contents of THE WEBSITE are of a general nature and are for information purposes only, with no guarantee being established as to the full access of said contents or to their exhaustiveness, accuracy, validity or being up-to-date, nor to their suitability or utility for a specific purpose.
THE WEBSITE OWNER accepts no liability, to the extent permitted by law, for any type of damage resulting from:
a) the inaccessibility of THE WEBSITE, or the lack of truthfulness, accuracy, or exhaustiveness of its contents, or their not being up-to-date, as well as any type of error in the contents transmitted, disseminated, stored, made available or accessed via THE WEBSITE or of the services offered;
b) the presence of a virus or of other elements in the contents which might result in changes to users’ IT systems, electronic documents or data;
c) breach of the law, good faith, public order, website traffic and this LEGAL NOTICE due to the incorrect use of THE WEBSITE. In particular, by way of example, THE WEBSITE OWNER accepts no liability for actions of third parties breaching intellectual and industrial property rights, trade secrets, the right to honour, personal and family privacy and personal image, as well as the regulations governing unfair competition and unlawful advertising.
Similarly, THE WEBSITE OWNER accepts no liability in respect of any information found outside of THE WEBSITE and which is not managed by it. The links on this website are included only for the purpose of informing the user of other sources which might provide further information on the contents offered on THE WEBSITE. THE WEBSITE OWNER does not guarantee or accept liability for the operation or accessibility of the linked sites, nor does it suggest, invite or recommend that users visit them, meaning that it accepts no liability for the outcome of doing so. THE WEBSITE OWNER accepts no liability for the insertion of hyperlinks by third parties.
THE WEBSITE OWNER does not guarantee the uninterrupted and permanent availability of the services. THE WEBSITE OWNER will consequently not be liable for any damage that might result from the unavailability of the services on grounds of force majeure or errors in the telematic data transfer network, whether beyond its control or resulting from disconnections due to improvement or maintenance works being carried on its IT systems and equipment. In these cases, THE WEBSITE OWNER will endeavour to notify the interruption with 24 hours’ notice. THE WEBSITE OWNER accepts no liability for the interruption, suspension or termination of the information or services and, similarly, it accepts no liability for any omissions, losses of information, data, settings, improper access, or breach of confidentiality deriving from technical problems, human omissions or communications caused by third parties or not attributable to THE WEBSITE OWNER. Nor will THE WEBSITE OWNER be liable for damages resulting from cyber-attacks or a virus affecting the computer programmes, communications systems or equipment that are used by the former but manufactured or supplied by a third party. If a user fails to comply with these rules, THE WEBSITE OWNER may, at its sole discretion, deny, withdraw, suspend and/or block the user’s access to the information and services, at any time and without prior notice.
Unless the law expressly states otherwise, and only to the extent thus established, the application does not guarantee or accept liability in respect of possible damage resulting from any type of use of THE WEBSITE OWNER’s information, data and services.
In any event, THE WEBSITE OWNER accepts no liability for any damage resulting from the information and/or services provided or supplied by a third party other than the Company, with all liability corresponding to said third party, whether the latter is a supplier, partner or other party.
6. OTHER TERMS
Applicable legislation and jurisdiction
The use of THE WEBSITE and of the product purchase agreements via the same is governed by Spanish law. Any dispute arising from or in relation to the use of THE WEBSITE or said product purchase agreements will be subject to the non-exclusive jurisdiction of the courts and tribunals of Spain. If you are entering into a contact as a customer, no part of this provision will affect the rights granted to you under the legislation in force.
Suggestions and complaints
Suggestions and complaints submitted to our customer service team will be dealt with at the earliest opportunity and, in all cases, within the legally established term.
If you consider that your consumer rights have been infringed, you can send us your complaint to COMPANY EMAIL ADDRESS and request the extrajudicial settlement of any disputes.
If a user or third party considers there to be facts or circumstances indicating the unlawful nature of the use of content and/or performance of an activity on the web pages included or accessible via THE WEBSITE, the party concerned will notify THE WEBSITE OWNER, identifying him or herself accordingly, stating the alleged infringements and including an express declaration under his or her own responsibility that the information provided therein is accurate.
Any dispute in respect of THE WEBSITE of THE WEBSITE OWNER will be resolved in accordance with Spanish law and will be subject to the jurisdiction of the courts and tribunals of Spain.
This website (WWW.CANAUBARCA.COM) collects personal information that is required for the management and maintenance of some of our services.
You are informed that the WEBSITE OWNER (the “Data Controller”) complies with Spanish Organic Act 3/2018, of 5 December, on the Protection of Personal Data and the Guarantee of Digital Rights (the “LOPDGDD”), EU Regulation 2016/679 on Data Protection (the “GDPR”), and other legislation in force and applicable at any given time, seeking to ensure the correct use and processing of the personal data of the user (also referred to herein as “data subject”).
INFORMATION ABOUT THE DATA CONTOLLER
Data Controller: OASIS BALEAR, S.L.
Address: RONDA GENERAL MITRE 126, 6ª – 08021 BARCELONA (BARCELONA)
Fiscal Identification Number (CIF): B62321443
Email address: ADMINISTRACION@OASISBALEAR.COM
WHY DO WE PROCESS YOUR PERSONAL DATA?
Your personal data will be used for the general purposes of managing and monitoring the commercial relationship entered into and for the specific purposes of:
managing all aspects of the access and the correct use of the services and/or products by our users;
communicating with our users in response to any issues, requests, comments and enquiries they bring to our attention via the services and/or products, as well as the contact forms on our website (including email and telephone);
providing, updating, maintaining and protecting the services and/or products and activities;
offering new services and/or products, special offers and updates;
if applicable, managing the staff recruitment procedures in respect of employee and/or partner selection processes;
communications: we may send you emails, messages and other types of communications regarding our services and/or products, technical issues or changes to the same – these notifications are considered part of the services and/or products and you may not opt out of them;
if applicable, marketing communications: we may use your data to contact you, via electronic and non-electric means, to conduct surveys, to find out your opinion on the service provided and, occasionally, to notify you of changes, important developments regarding the services and/or products, offers and/or promotions in respect of our services and/or products or of those of third companies related to us. These marketing notifications will, in all cases, require your express, separate authorisation. You may withdraw consent to receive these notifications at any time by using the opt-out tool included in the notification email, or via the preferences settings on the customer account.
We do not process your personal data for any other purposes than those described above, unless required by law or pursuant to a court order.
The personal data you provide will be processed and retained for the duration of the relationship for the provision of services and/or products, without prejudice to you being able to exercise your data protection rights (right of access, right to rectification, right to erasure, right to object, right to restrict processing, right to data portability and the right not to be subject to a decision based solely on automated processing).
The personal data of users who wish to receive information on our services and/or products will be kept on the system indefinitely, provided the user does not request their deletion.
LEGAL BASES FOR DATA PROCESSING
OASIS BALEAR, S.L. processes your personal data based on the two (2) following legal bases: your consent as data subject (1) and legitimate interest (2).
1. Your consent as data subject, for the above-mentioned purposes, which will be requested:
prior to processing your data;
during the customer registration process; and
when sending communications from OASIS BALEAR, S.L.
Any information requests you submit to us require that you voluntarily supply us with the data we need in order to assist you or to provide you with our services and/or products. However, you may freely refuse to provide us with these data, or may withdraw at a later date the consent previously given to process your data, although such refusal will mean that we cannot process your request.
2. OASIS BALEAR, S.L. has a legitimate interest in retaining its customers and/or users, maximising customer loyalty and further improving how it caters for their expectations or previously expressed interests, e.g. improving products, managing requests, enquiries and complaints, offering similar products to those already purchased, providing information on promotions etc. without prejudice to OASIS BALEAR, S.L.’s fulfilment of the remaining obligations in relation to sending marketing communications by electronic means.
OASIS BALEAR, S.L. understands that, upon providing us with these data, you warrant and accept responsibility for such data being true, accurate and up-to-date and accept and consent to their processing for the above-mentioned purposes.
WHO DO WE DISCLOSE OR TRANSFER YOUR DATA TO?
On a general basis, OASIS BALEAR, S.L. will not disclose your personal data to third parties unless we are legally required to do so, or you have expressly authorised us to do so by using our services and/or products.
OASIS BALEAR, S.L. will not carry out cross-border transfers of the personal data collected by our website, except when:
the cross-border data transfer is required in order to perform an agreement or pre-contractual measures to which the data subject is party.
the cross-border data transfer is required in accordance with the legislation in force.
the cross-border data transfer is carried out due to being hosted on the web page of servers located outside of the European Economic Area.
In any event, should a cross-border data transfer be carried out, OASIS BALEAR, S.L. will ascertain that the country importing the data ensures that the data are adequately protected, in accordance with the legislation in force.
DATA SUBJECT RIGHTS
The data protection regulations allow you to exercise your rights of access, to rectification, to object, to erasure (the “right to be forgotten”), to restrict processing, to data portability and not to be subject to a decision based solely on automated processing:
The right of access allows the data subject to know and obtain information regarding their personal data being processed.
The right to rectification allows the data subject to rectify mistakes, modify inaccurate or incomplete data and ensure that their personal data are accurate.
The right to erasure allows data subjects to request that their personal data be erased once they are no longer necessary for the performance or provision of the service.
The right to object allows data subjects to object to or stop the processing of their personal data, except where there are legitimate grounds or grounds for brining or defending claims, in which case we would block the data for the duration of the relevant period.
The right to object to receiving marketing communications allows data subjects to opt out marketing communications, being able to withdraw their consent at any time.
The right to restrict processing allows data subjects to request, in certain circumstances, a restriction of the processing of their data, in which case they would only be kept in relation to bringing or defending a claim.
The right to data portability allow data subjects to request to receive the data concerning them and which they have provided to us, or request that, where technically possible, we send them to a different data controller of their choice, in machine readable standard structured format.
Rights in relation to automated individual decision-making and profiling: data subjects are entitled not be subject to a decision based solely on automated processing that has an impact on or significantly affects them.
The right to withdraw consent allow data subjects to withdraw their consent at any time, with this not affecting the legality of the processing based on the consent provided when providing their data.
If you wish to exercise any of the above-mentioned rights, please contact us by email or by post at the addresses included under the heading “Information about the Data Controller” and include the following information: your name and surname, National Identity Document number, contact email address and postal address, the right you wish to exercise and the conditions of the same.
Bringing a claim before the Supervisory Authority: OASIS BALEAR, S.L. informs you of your right to file a claim before the Spanish Data Protection Agency (www.agpd.es) should you consider that the processing is not compliant with the legislation in force.
Retention of certain data
OASIS BALEAR, S.L. informs you that, in compliance with the provisions of Spanish Act 25/2007, of 18 October, on the retention of data related to electronic communications and public communications networks, it will retain and store certain traffic data generated when sending communications for the purpose of disclosing them to authorised authorities, when the legal circumstances foreseen in said Act are met.
Our services automatically collect information when the user accesses the website services. These data may include the IP address, the identification details of the device from which the products are accessed, the operating system, and device settings.
You are also informed that the WEBSITE OWNER (the Data Controller) has technical and organisational security measures in place to guarantee the security of your personal data and prevent their alteration, loss and processing and/or unauthorised access, considering the state of the technology, the nature of the data stored and the risks to which they are exposed, whether resulting from human action or a physical or natural process. Likewise, additional measures have been put in place to reinforce the confidentiality and integrity of the information as to its organisation, carrying out the ongoing monitoring, control and evaluation of the procedures in place to guarantee the privacy of the data.
Users who provide their personal data via the information available on their social media account and/or user profile are informed that the relevant social media site is responsible for the processing of personal data, unless other conditions are expressly indicated for a specific case of processing.
Pursuant to the provisions of the applicable data protection legislation, THE SOCIAL MEDIA/WEBSITE OWNER respects users’ privacy and the confidentiality and security of their personal data, adopting for such purpose the necessary legal, technical and organisational measures to prevent the loss, improper use, alteration, unauthorised access and theft of the personal data provided, considering the state of the technology, the nature of the data and the risks to which they are exposed.
Users’ personal data will only be obtained for processing if they are appropriate for, relevant to and not beyond the scope and purposes for which they have been collected. Their processing will therefore be limited to those purposes indicated to the Users in each case.
Whenever your personal data are collected, you will be previously informed in a clear and unambiguous manner of the circumstances related to their processing, pursuant to the data protection requirements in force at any given time. Similarly, your personal data provided will only be retained if you do not request their deletion or rectification or object to them being processed, or in those cases where your consent is required, you do not withdraw said consent.
Children under the age of 14 are prohibited from accessing and registering on the website or via social media sites. If a minor or legally incapacitated individual wishes to register, their parent, guardian or legal representative must provide a valid document evidencing their legal representation as such.
THE SOCIAL MEDIA/WEBSITE OWNER will be expressly exempt from any liability resulting from the use of the social media sites by minors or legally incapacitated individuals.
NOTE: The following banner stating that cookies are used and that the user may accept or refuse them must be displayed on the web page.
Upon clicking “ACCEPT”, the cookie banner should disappear.
Upon clicking “REFUSE/MANAGE”, a link to the Cookies Policy should appear and the cookies should not be installed. (IMPORTANT).
What are cookies?
A cookie is a file that is downloaded to your computer when you visit certain websites. Cookies enable a website to, among other things, store and retrieve information on the browsing habits of the user or of the user’s device and, depending on the information they contain and the way in which the device is utilised by the user, they can be employed to recognise the user.
The aggregate cookies from all our users help us improve the quality of our website, enabling us to monitor which webpages are useful, which ones are not, and which ones can be improved. Cookies are essential to the functioning of the internet and create many benefits for providing interactive services, facilitating your browsing and the usability of our website. Cookies cannot, in any way, damage your device. On the contrary, activated cookies help us identify and resolve errors.
Cookies do not personally identify you and do not entail any risk to your computer or mobile device. They are not a virus or spy software; they are tools that are used by the websites you visit to improve your browser experience, to ensure that your data move securely on the internet, to help us understand what information on our website is most suitable for our users’ needs and to know what offers may be of interest to each user. All of this is done with complete anonymity: we will never know your name, address or telephone number unless you provide us with it. You decide whether or not you enable the cookies. However, if you decide not to allow them, you must block them in your browser. Before blocking them, we would like to help you better understand how cookies are used.
Please also remember that if you decide to disable the cookies, some of our website’s features might not work properly and we will not be able to tailor the information we offer to your interests.
Types of cookies:
Based on the managing entity:
First-party cookies are cookies sent to your device from our own devices or domains and from which we provide the service you are requesting.
Third-party cookies are cookies sent to your device from a device or domain that is managed by one of our partners, i.e. not by us.
Based on the period of time they remain activated:
Session cookies are temporary cookies that only remain in your browser’s cookie file while you are browsing our website and are therefore not stored on your computer’s hard drive. Over time, this enables us to provide you with an improved user experience by improve content and facilitating its use.
Persistent cookies are cookies that are stored on your hard drive and read by our website every time you visit it. A permanent website has an expiry date. We generally use this type of cookie to provide our registration and purchase services.
Based on their purpose:
Technical cookies enable the user to browse our website and facilitate the smooth running of the site. For example, they allow us to monitor traffic and data communication, access restricted areas, use security features, store content to play videos and share content via social media.
Analytical cookies are processed by us or by third parties. They enable us to know the number of users and measure and perform a statistical analysis of users’ behaviour. For this purpose, browsing activity on our web page is analysed in order to improve it.
Session cookies are temporary cookies that only remain in your browser’s cookie file while you are browsing the web page and are therefore not stored on your computer’s hard drive. The information obtained from these cookies is used to analyse internet traffic patterns. Over time, this enables us to provide you with an improved user experience, by improving content and facilitating its use.
Customisation cookies enable the user to access the service with specific features that are predefined according to certain criteria, such as language, the browser used to access the service, regional settings in the location from which the service is accessed, etc.
Advertising cookies allow for the most efficient possible management of the advertising spaces that might be included on our website.
Behaviourally targeted advertising cookies store user’s behavioural information obtained through the on-going observation of their browsing habits. This allows us to tailor adverts to your browsing profile.
The table below contains information on the cookies used on our website:
Removing or blocking cookies:
You can allow, block or remove the cookies installed on your device by adjusting the settings of your internet browser. If you do not allow cookies to be installed in your browser, you might not be able to access some of the services on our website and have a less satisfactory user experience.
You can access all the necessary information to manage or disable cookies for each browser by clicking on the following links:
Mozilla Firefox: https://support.mozilla.org/es/kb/habilitar-y-disable-cookies-sitios-web-rastrear-preferencias?redirectlocale=es&redirectslug=habilitar-y-disable-cookies-que-los-sitios-we
Internet Explorer: https://support.microsoft.com/es-es/help/17442/windows-internet-explorer-delete-manage-cookies
At OASIS BALEAR, S.L. we never store our users’ personal data, with the exception of IP addresses in accordance with what is set out above, unless you wish to sign up, on a voluntary basis, to receive information on offers and content of interest to you in order to purchase the products and services we offer. By browsing and continuing to use our website you indicate that you consent to the use of the above-mentioned cookies pursuant to the conditions set out in this Cookies Policy.