LEGAL NOTICE - PRIVACY POLICY

LEGAL TERMS

Registered owner:

In compliance with the provisions of Article 10 of the Spanish Law 34/2002 on Information Society Services and Electronic Commerce, we inform you that this website is owned by EMPRESA DE TRANSFORMACIÓN AGRARIA, S.A., S.M.E., M.P., hereinafter TRAGSA, a Spanish company with the company tax code no. A-28476208, the registered office at Calle Maldonado nº 58, 28006, Madrid, Spain, incorporated on the 24th May 1977 with the Register of Companies of Madrid, Page M-59.813, Folio 62, Book 171 of Section 89, which is the holder of the website https: //www.caminobarrancodemasca.com/en.

TERMS AND CONDITIONS OF ACCESS AND USE OF THE WEBSITE

CONDITIONS OF ACCESS AND USE OF THE WEBSITE

Access to our Website is free and requires no prior subscription or registration. The User shall access the Website in good faith, under their sole responsibility and according to these General Conditions of Use.

The condition of the User acquired by mere access and use of this Website by a consumer, i.e. customer who purchases directly via the public website, is subject to the prior reading and full, express and unreserved acceptance of the General Conditions of Use in force at the time of access, which we ask you to read carefully. On our Website, we offer different services and information on the Masca Gorge Trail.

The User agrees to make a lawful, diligent and proper use of the Contents and services offered on this Website, under the principles of good faith and in full respect for the law in force as well as for these Conditions of Use.

In particular, by way of example, but not limitation, the User of the Website must not:

• Use or reuse any kind of material that is illegal, offensive, abusive, indecent, defamatory, obscene or threatening, or that constitutes a violation of intellectual property rights, trademarks, confidence, privacy or any other right, or is otherwise injurious or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content, chain letters, mass mailings or any other form of "spam" and might cause any unnecessary discomfort or inconvenience, in general.
• Maliciously or intentionally cause damages that might result in any loss or modification of the Website itself, nor introduce or disseminate computer viruses that might cause unauthorised alterations to the Website’s Contents or its integrated systems.
• Use the Website for fraudulent purposes or in connection with criminal offences or illegal activities of any kind.
• Reproduce, copy, distribute, transform or modify the information and Contents hosted on the Website, unless authorised by the copyright holder.

INTELLECTUAL PROPERTY AND COPYRIGHT

All intellectual and industrial property rights in the Contents displayed on the Website and, in particular, layout, text, graphics, logos, icons, buttons, software, trade names, trademarks, industrial designs or any other symbols susceptible of industrial and commercial use are owned by TRAGSA or third party holders thereof who have duly authorised their posting on the Website and who exercise exclusive rights to exploit them.

TRAGSA does not grant any kind of license or authorisation to use their intellectual and industrial property rights or any other property or right related to the Website, services or Contents thereof.

Therefore, and in accordance with the provisions of the Spanish Royal Legislative Decree 1/1996 of 12 April 1996, approving the revised text of the Intellectual Property Act, as well as the Spanish Law 17/2001 of 7 December 2001 on Trademarks, and other legislation on intellectual and industrial property, it is prohibited to reproduce, transmit, adapt, translate, distribute, make available to the public, by any means of communication, or otherwise exploit and/or modify any Content posted on the Website, in whole or in part, without prior express permission of TRAGSA.

Users undertake to respect the property rights on the Website as well as copyright and industrial property rights thereon, which are owned by TRAGSA.

Also, TRAGSA disclaims all liability for the use or dissemination of images and/or Contents incorporated into the Website.

APPLICABLE LAW AND JURISDICTION

Everything relating to our Website is governed exclusively by European law. In the event of any discrepancy or difference arising between the parties regarding the interpretation and content of this Website, the parties choose to submit the resolution of any dispute to the Courts of the User’s domicile and thereby expressly waive any other jurisdiction.

GUARANTEE OF CONFIDENTIALITY AND SECURITY OF FILES

TRAGSA undertakes to fulfilling our obligation of keeping personal data secret and our duty of treating them as confidential and, to this end, adopts necessary technical, organisational and security measures in order to prevent their alteration, loss, unauthorised handling or access, in compliance with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and of the Spanish Constitutional Law on Personal Data Protection, and other laws applicable.

TRAGSA reserves the right to modify our Data Protection Policy at any time in order to adapt to the updates or changes in legislation, jurisprudence or the criteria followed by the Spanish Data Protection Agency and the European Parliament, or the competent authority at any given time. Any such modification shall be appropriately announced on the Website.

COOKIES

TRAGSA may use “cookies” during the provision of Website services. Cookies are physical files with personal information stored on your computer while you are visiting a website, but they are deleted immediately when you close your browser. If you decide to leave our Website through links to websites not belonging to our company, TRAGSA shall accept no responsibility for the privacy policies of those websites nor for the cookies that they may set on the User’s computer.

For further information, see our → Cookies Policy.

RESPONSIBILITIES

By making our Website available to the User, we try to offer quality contents and services, with the utmost diligence not only in their provision but also in the use of technological means. However, we do not accept responsibility for the presence of viruses or any other element that might damage the User’s computer system, documents and files in any way.

Among others, and by way of example, but not limitation, TRAGSA is not responsible for the following circumstances:

• Lack of availability, maintenance and effective operating of the Website and/or its services or Contents, excluding, to the maximum extent permitted by law in force, any liability for damages of any kind that may arise due to the lack of availability or continuity of operating of the Website and the Contents enabled therein.
• Errors that may exist in the Contents nor the correction of any defect that might occur.
• Lack of utility of the Website or the Contents.
• Existence of viruses, malicious or harmful programmes in the Contents.
• Bad service or any problem on the part of the suppliers of services.
• Receipt, collection, storage, dissemination or transmission of the Contents by the Users.
• Illicit, negligent, fraudulent or contrary use of the Website or its Contents by the Users to the terms of these Conditions of Use or good faith.

TRAGSA does not guarantee the correct functioning of our Website with regard to its availability and continuity of operating. As far as possible, we shall try to notify the User of any service interruption and restore the service as soon as possible. However, we are exempted from any liability arising from interruptions or improper functioning of our Website.

PERSONAL DATA PROTECTION

TRAGSA brings to your knowledge that in order to facilitate the use of the services offered on this Website as well as to inform you about new services, it is necessary that you provide certain personal information, which in compliance with the Spanish Constitutional Law on Personal Data Protection and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), shall be automatically processed and incorporated into our Files, with the sole purpose of providing the services requested. The Files under our control are duly registered with the General Data Protection Registry.

CONSENT AND AUTHORISATION TO AUTOMATED PROCESSING OF YOUR PERSONAL DATA

TRAGSA, responsible for the Files, informs you that when providing your personal data through the different forms contained in this Website or by e-mail, you are giving your consent and express authorisation —albeit revocable and without retroactive effect— to the incorporation and processing of your data in our Files, thereby accepting this privacy policy in regard to the information provided, which will be treated as confidential at all times, in compliance with all legal requirements set out in the Spanish Constitutional Law on Personal Data Protection, the Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and other applicable laws. This privacy policy is governed by European law, which all Users of this Website, both Spanish and foreign nationals, are subject to.

INFORMATION REQUESTED AND PURPOSE

TRAGSA informs you that in no case is the User obliged to provide their personal information, which is adequate, relevant and strictly necessary to fulfil the purposes for which it is collected. It is nevertheless essential to provide you with the services offered, therefore, all fields required must be filled in.

The purpose of the request for your personal data, through this Website, is to ensure a correct treatment thereof, provided that the User supplies us with all personal data necessary for a proper and complete identification. In any case, the treatment of said data is strictly internal. It aims to guarantee comprehensive customer service as well as to supply information on the services provided, and ensure proper management of the established relationship, management and/or administration of the services subscribed, provision, expansion and improvement of the services offered by TRAGSA, in order to collect and process information obtained from the Users’ data in the course of our business activity and, in particular, to send and process the information expressly requested which may be of your interest, to send updates on services, as well as to send, by mail or e-mail, information, offers and services related to TRAGSA or to third companies.

CONTACT FORM: TRAGSA informs you that your e-mail address will be entered into an automated file for the purpose of providing information about our services and projects or any other information requested by e-mail. In accordance with the provisions of the preceding paragraphs, TRAGSA undertakes not to transfer, communicate nor share data with third parties without your express authorisation. Also, TRAGSA shall delete or rectify the data when inaccurate, incomplete or no longer necessary or relevant for their purpose, in compliance with the provisions of the Spanish Constitutional Law on Personal Data Protection and of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).

GENERAL CONDITIONS OF ON-LINE PURCHASE for the Consumer:

See Returns policy for purchases made.

SECURITY LEVELS

In order to prevent tampering, loss, misuse, unauthorised access or theft of personal data, TRAGSA has adopted the levels of protection provided by law, and has established the necessary means and technical measures, applying to our Files all the security measures set out in the Spanish Royal Decree 1720/2007 of 21 December 2007, and other regulations on Personal Data Protection, in order to guarantee confidential treatment thereof. Also, TRAGSA has adopted new security measures, which are required by the GDPR following the implementation of new User rights (transparency, restriction of processing, and data portability principles), in addition to the rights of access, rectification and erasure (right to be forgotten). TRAGSA has also implemented the required improvements with regard to obtaining consent from the interested party, by undertaking relevant actions, and will carry out the required Impact Assessment, notifying the competent authority of any security breach, as well as appoint a Data Protection Officer to supervise these tasks.

TRAGSA reserves the right to decide whether to incorporate your personal data into our Files or not.

TRANSFER OR COMMUNICATION OF DATA

TRAGSA informs you that your details are treated as confidential and are used only internally and for the purposes stated. Should your details be transferred or communicated to third parties, Users will be notified in advance of said transfer being carried out, the addressees and purpose thereof, in order that they grant their authorisation.

TRAGSA may disclose User’s personal data if required by Judicial Authority in compliance with the regulations applicable.

AUTHORISATION AND CANCELLATION OF DATA

To keep your personal data up-to-date it is necessary that you inform us about any change to them, otherwise we shall not answer for their veracity. Likewise, the User declares that all information they provide is accurate and valid for the purpose it is requested for and that it is provided by the User personally. We shall understand that as long as you do not expressly delete your personal details—which are treated properly and with the purpose for which they were collected— from our records, you are interested in remaining in our database.

RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION, OBJECTION AND ERASURE (RIGHT TO BE FORGOTTEN), PORTABILITY OF YOUR PERSONAL DATA

At all times, the User has the right to freely access our Files in order to revise their data, rectify them when incorrect or out-of-date and remove them if they no longer wish to remain in our database. Likewise, the User may exercise the right of restriction of processing of their personal data as well as the right to data portability.  You can communicate the right you wish to exercise by sending a written and signed request including the following information: User’s name(s) and surname(s), address for correspondence, a photocopy of your identity card or other identification document, and a petition stating your request, to the following address: Calle Maldonado nº 58, 28006, Madrid, Spain.

ATTENTION

These General Conditions of Use have been last modified on the 23rd June 2020. We may modify them at any time, please check the publication date each time you connect to our Website to be sure that no modification has taken place that might concern you. For any explanation regarding the Conditions of Use of our Website, you may contact us in person, by phoning (+34) 922 004 552 or by sending an e-mail to the following address: info@caminobarrancodemasca.com

NOTE: This document is fully protected and duly registered. In no case may you copy, reproduce, distribute, publish, transmit, communicate, transform, use or sell this documentation. Otherwise, the company shall take appropriate legal measures.