Legal Notice


AMENABAR RECURSOS, S.L. (hereinafter “Amenabar” or “the Company”) with registered office at Paseo Miramon 185, 20014 Donostia - San Sebastián (Gipuzkoa), informs the users of its web page (hereinafter the “Web”) about the conditions of its use, as well as its privacy and personal data protection policy.

Please read this document thoroughly. It constitutes the legal regulation governing access, navigation and use of the Website located at www.inmodeco.es (hereinafter the “Website”).

The access, browsing and use of the Website implies the express and unreserved acceptance of all the terms of this Legal Notice, having the same validity and effectiveness as any written and signed contract. Its adherence and compliance will be enforceable with respect to any person accessing, browsing or using the Website. If you do not agree with the above terms, do not access, browse or use it.

GENERAL INFORMATION

As established in Article 10 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, the Company, as a provider of information society services that operates through this Internet Site/Web-Page, makes the following general information available to interested persons and entities:

  • Company Name: AMENABAR RECURSOS, S.L.
  • Registered Office: Paseo Miramon 185, 20014 Donostia - San Sebastián (Gipuzkoa)
  • E-mail address: contacto@amenabarrecursos.com
  • Tax Identification Number (NIF): B75137166.
  • Registered in the Commercial Registry of San Sebastián.

DPO duly appointed who can be contacted by e-mail at datospersonales@amenabarrecursos.com.

PURPOSE

This Legal Notice establishes the terms and conditions (hereinafter, the “Terms and Conditions”) governing access, navigation and use of the Website, without prejudice to the fact that the responsible party reserves the right to modify the presentation, configuration and content thereof, as well as the conditions required for its access and/or use.The access and/or use of the Website after the effective date of its modifications or changes implies its acceptance.

However, access to certain content and the use of certain services may be subject to certain special conditions, which will be clearly displayed and must be expressly accepted by users. These particular conditions may replace, supplement or modify those set forth in this Legal Notice where necessary.

CONDITIONS OF USE

Access to this Website gives you the status of “User”, implying your express and unreserved acceptance of the general conditions that are published in www.inmodeco.es, at the time you access the web. Therefore, the User must read these general conditions of use, in each of the occasions on which it intends to access and, where applicable, use the services provided through this Website, as they may undergo modifications.

In this sense, “User” means the person who accesses, navigates, uses or participates in the services and activities, free or paid, developed in www.inmodeco.es.

3.1 Purpose and scope of application

Access to www.inmodeco.es in principle is free and free of charge. Minors who intend to make use of the services contained in this Website must have the prior consent of their parents, guardians or legal representatives, these being solely responsible for the acts performed by minors in their care.

The User must make a lawful use of the services of this Website at all times, in accordance with these general conditions, current legislation, morality and public order as well as generally accepted practices on the Internet.

The User guarantees that all the information provided through the forms included in this Website is lawful, real, accurate, truthful and updated. It will be the sole responsibility of the User to communicate any modification that may occur in the information provided immediately to the responsible entity.

The User will refrain from:

  1. introducing viruses, programs, macros or any sequence of characters with the purpose of damaging or altering the computer systems of this web; hindering the access of other users through the massive consumption of resources;
  2. collecting data included in this web for advertising purposes;
  3. reproducing, copying, distributing, transforming or making the contents included in this web available to third parties;
  4. carrying out actions through the services included in this web that may damage the intellectual property, industrial secrets, contractual commitments, rights to the honor, image and personal privacy of third parties;
  5. to carry out actions of disloyal competition and illicit advertising.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

AMENABAR is the holder, owner or, if applicable, has the corresponding licenses and authorizations for the intellectual and industrial property exploitation rights necessary to operate the Website, as well as all the content offered on the Website, including the platform itself, source code, design, navigation structure, databases, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through the Website.

In no case shall it be understood that access, navigation and use of the Website by the user implies a waiver, transmission, license or total or partial transfer of such rights by the responsible party, who has the exclusive exercise of the rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation. The user has the right to use the contents and/or services of the Website within a strictly domestic scope and solely for the purpose of enjoying the services provided in accordance with this Legal Notice.

References to registered trademarks or trade names, or other distinctive signs, whether owned by AMENABAR or third parties, imply a prohibition on their use without the consent of the owner or their legitimate owners. At no time does accessing, browsing or using the Website and/or its contents grant the user any rights over any distinctive signs included therein, unless otherwise provided herein.

All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and under any form, all or part of the contents included in the Website, for any purpose, without prior express and written authorization.

In the event that the user sends information or content of any kind to the Owner of the Web through any of the channels provided for that purpose, the user represents, warrants and agrees that he has the right to do so freely, that such information does not infringe any intellectual property rights, industrial, trade secret or any other rights of third parties, and that such information is not confidential or harmful to third parties. The user acknowledges that he/she assumes responsibility, indemnifying the Owner, for any communication or content that he/she sends personally or on his/her behalf.

All information that is not considered personal data voluntarily transmitted to www.inmodeco.es via the Internet (including any comments, suggestions, ideas, graphics, etc.) will become the exclusive property of Amenabar, shall hold unlimited rights of use, without incurring in any compensation in its favor, or in favor of any other person.

If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual property, industrial, or any other kind of rights, they must immediately notify the owner of the Web through any of the addresses listed in the identification section of this legal notice so that it can proceed to the impletmentation of appropriate measures.

Similarly, in the event that any user or third party considers that any of the contents of the Website owned by the responsible for the Web violates their intellectual property, industrial, or any other kind of rights, you must send a communication to the address listed in the identification section of this legal notice with the following information:

  1. Identification data and means of contact of the complainant or their representative.
  2. Proof of your status as owner of the allegedly infringed rights.
  3. Description of the allegedly infringed rights, and their location on the Web.
  4. Express declaration by the complainant that the use of the contents has been made without the consent of the person responsible for the Website of the allegedly infringed rights.

The company responsible for the Website is the owner of the industrial property rights relating to its products, services, logos, images, videos and texts, among others, regarding mentions of third party products and services, the person in charge recognizes the corresponding industrial and intellectual property rights in favor of their owners, not implying its mere mention or appearance on the Web the existence of rights or any responsibility for them, nor endorsement, sponsorship, or recommendation by that in charge, unless expressly stated.

The visualization, printing and partial downloading of the content of the Web is authorized only and exclusively if the following conditions are met:

  • That it is compatible with the purposes of the Web.
  • That it is done with the sole purpose of obtaining the information contained therein for personal and private use. Its use for commercial purposes or for distribution, public communication or transformation is expressly prohibited.
  • That none of the contents of the Web be modified in any way.
  • That no graphic, icon or image available on the Web is used, copied or distributed separately from the text or other images that accompany it.

The responsible company reserves the right to make modifications and updates of the information, configuration and presentation and conditions of access included in the Web at any time and without prior notice.

TERMS OF USE OF THE WEBSITE

The following is not allowed, and therefore the consequences will be the sole responsibility of the user, to access or use the Website for illegal or unauthorized purposes, whether for profit or not. In particular, and without the following list having a limiting character, it is forbidden:

  1. To use the Website in a way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party;
  2. To use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
  3. To use the Website to collect personal data of other users;
  4. To use the Website illegally, against good faith, morals and public order;
  5. Register through the Website with a false identity, impersonating third parties or using a profile or performing any other action that may mislead other users about the identity of the user;
  6. Accessing without authorization to any section of the Website, to other systems or networks connected to the Website, to the servers of the webmaster, or to the services offered through the Website, by hacking or forgery, password extraction or any other illegitimate means;
  7. Breach, or attempt to breach, the security or authentication measures of the Website or any network connected to the Website, or the security or protection measures inherent in the content offered on the Website;
  8. Take any action that causes disproportionate or unnecessary load on the infrastructure of the Website or the systems or networks of the party responsible for the Website, as well as the systems and networks connected to the Website; or
  9. Prevent the normal development of an event or any other activity available through the Web or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, access, participation or operation thereof, or by altering the result thereof and/or using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes the present agreement.

The breach of any of the obligations set forth by the user may lead the owner of the Web to carry out the appropriate measures protected by law and in the exercise of their rights or obligations, and may lead to the removal or blocking of the account of the offending user, without the possibility of any compensation for damages caused.

In the same way, the Website may have areas through which users can participate/use. These areas may be owned and controlled by the responsible for the Web and therefore dependent and controlled by it, or third parties, being independent social networks and outside our organization, for which the person in charge of the Web can not be responsible, nor the proper functioning, nor the conditions and policies set by those responsible, being the user themselves who must consent and accept the treatment that is made of the information published on these platforms at all times.

In any case, we inform you that, by participating in a public area of the web, the rest of the users will be able to access and use all the contents published by the user. The company cannot control what use other people will make of these contents and, therefore, is not responsible for it. AMENABAR recommends that you do not publish personal data or materials protected by intellectual and industrial property rights or any other rights.

In order for the Website to be a safe environment, and to protect our users, it is strictly forbidden to publish contents:

  1. That may be considered as a violation in any way of the fundamental rights to honor, personal and family privacy or self-image of third parties and, especially, of minors;
  2. That include photographs that collect images or personal data of third parties without having obtained the proper consent of their owners;
  3. That violate the secrecy of communications or that involve an infringement of intellectual and industrial property rights or the regulatory norms of personal data protection;
  4. That contain material or information that are illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent or contrary to morality/public order;
  5. That contain “spam” and/or links to sites unrelated to the space;
  6. That include advertising or commercial communications, for the emission of messages for advertising purposes or data collection for the same purpose.

The user who breaches these prohibitions will be responsible for any claim that may arise as a result. Even if there is no claim from a third party, the web manager reserves the right to prevent access to the Website or the possibility of participating in the spaces provided therein to users who violate these conditions.

The Website managing company does not control the content posted by users on the Website and assumes no responsibility for this content. However, the company responsible for the Website reserves the right to monitor and/or moderate any content posted by users and, if it violates the regulations of the Website, to edit or delete it.

Also, if you find any information or content on the Website that may be inappropriate, contrary to current regulations, or contrary to the conditions set out in the Website, please immediately inform the site managing company through the means provided for this purpose.

RESPONSIBILITIES AND GUARANTEES

AMENABAR cannot guarantee the reliability, usefulness or veracity of absolutely all the information and/or services of the Website, nor the usefulness or veracity of the documentation made available through the Website.

Consequently, the site managing company does not guarantee and is not responsible for:

  1. the continuity of the contents of the Website;
  2. the absence of errors in said contents;
  3. the absence of viruses and/or other harmful components on the Website or on the server that supplies it;
  4. the invulnerability of the Website and/or the impossibility of violating the security measures adopted therein;
  5. the lack of usefulness or performance of the contents of the Website; and
  6. the damages caused, to themselves or to a third party, by any person who violates the conditions, rules and instructions that the site managing company establishes in the Website or through the violation of the security systems of the Website.

This being said, however, the owner of the website declares that they have adopted all necessary measures, within their possibilities and the state of the art, to ensure the operation of the Website and minimize system errors, both from the technical point of view and the contents published on the Website, as well as to prevent the existence and transmission of viruses and other harmful components to the computer systems of users.

The website manager does not guarantee the legality, reliability and usefulness of the contents provided by third parties through the Website. If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of third party rights, they must immediately notify the website managing company so they can proceed to adopt the necessary actions.

The owner of the website shall not be responsible for the veracity, integrity or updating of the information published on the Website from outside sources, nor for that contained in other platforms to which links are made from the Website. The Website manager shall not assume any responsibility for any hypothetical damages that may arise from the use of the aforementioned information.

Both access to the Website and any non-consensual use that may be made of the information contained therein is the sole responsibility of the user. The company will not be liable for any consequence or damage that may arise from such access or use. The company is not responsible for any security errors that may occur or for any damage that may be caused to the user's computer system, or to the files or documents stored therein, as a result of:

  1. the presence of a virus in the user's computer used to connect to the services and contents of the Web;
  2. a malfunction of the browser;
  3. the use of non-updated versions of the browser.

The owner of the website is not responsible for any consequences resulting from the exchange of information between users through the website. Neither is the owner responsible for any damages resulting from false or inaccurate statements made by users on the website. The owner of the website will not assume any responsibility for the use that minors may make of it, in cases where the content accessed may offend their sensibilities. The full responsibility for determining the contents and services accessed by minors lies with the adults in charge. There are mechanisms, in particular filtering and blocking software, that allow limiting the available contents, being particularly useful to control and restrict the materials that minors can access.

LINKS

LINKS TO OTHER WEB PAGES

In the event that the Website displays links to other web pages through different buttons, links, banners and/or embedded content, the owner of the website informs that these are managed by third parties, not having the human or technical means to know in advance and/or control and/or approve all the information, content, products or services provided by other platforms to which links may be established from the Website.

Consequently, the owner of the website assumes no responsibility for any aspect related to the platform or web page to which a link may be established from the Website, specifically, by way of example, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

In this regard, if users have actual knowledge that the activities carried out through these third party websites are illegal or contrary to morality and / or public order, they must immediately notify the Holder for the purpose of proceeding to disable the link to access them, an action that will be carried out as soon as possible.

In all cases, the establishment of any type of link from the Website to another external website does not imply that there is any kind of relationship, collaboration or dependence between the owner of the website and the responsible of such external website.

LINKS TO THIS WEBSITE ON OTHER PLATFORMS AND SOCIAL MEDIA

The company may make available to users, through different tools and applications, means that enable users to access the channels and pages of the Website that it maintains on different platforms and social networks belonging to and/or managed by third parties (e.g. Facebook, YouTube, etc.). The inclusion of these links on the Website has the sole purpose of providing users with access to these channels on the different platforms and social media.

The establishment of these applications does not imply the existence of any relationship between the owner of the website and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by the company of its contents and/or services, being the owner, manufacturer or distributor solely responsible for such contents.

The activation and use of these applications may involve the identification and authentication of the user (login/password) on the corresponding platforms, completely unrelated to the Website and beyond the control of the owner of the website. By accessing such external networks, the user enters an environment not controlled by the owner of the website, so it will not assume any responsibility for the security settings of such environments.

Since the owner of the website has no control over the content hosted on such channels, the user acknowledges and agrees that it assumes no responsibility for the content or services that the user can access on these pages, or for any content, products, services, advertising, or any other material available on such sites.

LINKS ON OTHER WEB PAGES TO THIS WEBSITE

The person in charge of the web does not authorize the establishment of a link to the Web Site from those pages that contain materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that are contrary to the laws, morality or public order, or generally accepted social norms.

In any case, users may establish, in web pages of their ownership, links to the Web Site, provided they comply with the following conditions:

  1. the link may not reproduce the content of the Web Site or parts thereof in any form;
  2. creating a browser or a border environment on the sections of the Web Site is not allowed, nor may the Web Site be modified in any other way;
  3. making false, inaccurate or incorrect statements or indications about the Website is not allowed and/or particularly, making statements or give the impression that the person responsible for the website has authorized the link or has supervised or assumed in any way the contents or services offered or made available on the web page where the link is established;
  4. the web in which the link to this Web Site is established shall not contain illicit information or contents, contrary to morality and generally accepted good manners and public order, nor shall it contain contents contrary to any third party rights, including intellectual or industrial property rights and/or the right to honor, to personal or family privacy or to one's own image or any other right, or contents contrary to the rules regulating the protection of personal data.

The web manager has no power or human or technical means to know, control or approve all information, content, products or services provided by other websites that have established links to the Website. The person in charge of the web does not accept any type of responsibility for any aspect related to the web page that establishes this link to the Web Site; specifically, by way of example but not limited to, its operation, access, data, information, files, quality and reliability of its services, its own links and/or any of its contents, in general.

It excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the services provided by third parties through the portal that may cause alterations in the computer system, electronic documents or user files.

The information, software and/or products or services contained in this Web site may contain typographical errors, mistakes and inaccuracies for which the company is responsible, except in the case that they come from third party pages to which the User accesses through links placed on our portal.

COMMUNICATION CHANNEL

AMENABAR provides its users with a channel through which they can communicate and inform AMENABAR of the existence of any content that the user considers to be contrary to the law or infringe the legitimate rights of third parties.

If you become aware of any of the above circumstances, you should immediately inform the site manager so that they can review the content communicated and, if necessary, can proceed to its removal or disabling, by contacting us through the various means of contact that appear in the Identification section of this website or the phone and email listed in the following link https://www.inmodeco.es/es/contacto.html

All notifications and communications between users and AMENABAR will be considered effective, for all purposes, when they are made by any of the means listed above except telephone.

PARTICIPATION TOOLS

AMENABAR is not responsible for the information and content stored in participation tools such as forums, chats, blogs, comments, social media or any other means that allow Users or third parties to publish content on the Website or sites related to the company. However, and in compliance with the provisions of art. 11 and 16 of Law 34/2002 of July 11, 2002, of services of the information society and electronic commerce (LSSI), the manager is available to all Users, authorities and security forces, actively collaborating in the removal or blocking of all content that could affect or contravene national or international legislation, rights of third parties or morality and public order.

BLOG, NEWSLETTER AND COMMUNICATIONS

The site Managing entity handles its own contents, being the owner or authorized person to publish them in the Blog ( https://www.amenabarpromociones.com/blog/ ) and in the newsletters and / or communications that may be sent. If you believe that any of the intellectual property rights have been violated or do not wish to receive communications, please inform us as soon as possible. AMENABAR expressly reserves the right to discontinue the here sited services at any time and without notice, both temporarily or permanently.

CONTENT PROVIDED BY THE USER

In the event that the User sends or publishes content of any kind on the Website, the User declares that he/she does so freely, that said content does not infringe intellectual or industrial property rights, trademarks, patents, trade secrets, or any other right that a third party may hold, nor is it contrary by any means to national or international legislation, morality, or public order.

The site Manager may at any time and without any liability or compensation to the User, suspend, block, limit access to or remove the contents published by the User in the event that it becomes aware that the User has incurred in a violation of the above, or if it considers that such contents encourage any kind of discrimination or are contrary to good manners or generally accepted social norms.

The publication or submission for publication of content on the Website implies granting the site Manager an unlimited, free, irrevocable and non-exclusive license to reproduce, publish, adapt, modify and distribute such content. Said license is granted in order to allow the adaptation of the content to the requirements and technical characteristics of the Website and its graphic interfaces and the exhibition of said content on said Website, as well as in other activities that THE COMPANY may undertake.

The User acknowledges that they accept responsibility and will hold the owner of the Website free of any damage arising from any content that they personally provide or that a third party provides using the User's credentials. In the event that the content submitted by the User contains images, videos, voice, or other personal data of third parties, the User further declares, warrants and agrees, the following:

  • That they are of age for legal purposes.
  • That they are the author or copyright holder of such production and have the right to send it and that it does not infringe any intellectual or industrial property right.
  • That they have informed the persons appearing in the mentioned images, videos, voice recordings or other personal data have been made and are going to be published on the Website, that they have obtained their consent and, in the case of minors, that the before mentioned consent has been given in writing by their legal representatives, parents or guardians and may prove it at any time when required to do so.
  • That they have informed the persons appearing in said images or their legal representatives, in case of minors, of their rights regarding personal data protection.

The User acknowledges the acceptance of responsibility for the above and will exonerate the site Manager from all damages that his conduct, wilful or negligent, may cause for its non-compliance.

In all cases, the site Manager, at its discretion and without any justification, reserves the right whether or not to publish the contents provided by the User.

CONFIDENTIALITY AND DATA PROTECTION

In accordance with the provisions of Regulation 2016/679 (EU) General Regulation on the Protection of Personal Data and Organic Law 3/2018, on the Protection of Personal Data and guarantee of digital rights, all personal data provided during the use of the Website will be treated in accordance with the provisions of the Privacy Policy.

However, below is an introduction to the data protection policies that we have in the company:

Amenabar is seriously committed to strict compliance with data protection regulations in different countries, taking into account the regulatory developments that have occurred lately in some of them and, in particular, in the countries of the European Union, especially through 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.

The Company informs of its Privacy Policy, with the purpose of informing Web Users about the processing of their data, as well as the fundamental principles on personal data protection that apply. Nevertheless, certain services may contain special conditions of use with provisions on the protection of personal data, which prevail over this Privacy Policy.

The User agrees to read this Privacy Policy carefully in order to inform themselves about the rules and practices adopted by Amenabar to protect their personal data and to learn more about our relations with third parties who may have access to such data.

Under all circumstances, the User is solely responsible for the information provided on the website. In all cases, if the data collected were to be used for purposes other than those referred to, the Company commits to inform you of these new purposes and request your consent if necessary.

By using our website, you acknowledge that you have read and accept this Privacy Policy, our Cookie Policy and our Legal Notice.

Data Controller

The contact details of the Data Controller are as follows:

AMENABAR RECURSOS, S.L. (B75189902)

Paseo Miramon 185, 20014 Donostia - San Sebastián (Gipuzkoa)

DPO duly appointed who can be contacted by e-mail at datospersonales@amenabarrecursos.com

Purposes of handling personal data

Amenabar will have the data provided by the user in the forms they fill in or through the different e-mail accounts that the Company makes available on the Web for contact.

This data is only processed when the user interacts with Amenabar to apply for one of our job offers, when the user interacts with the Web by being asked to provide personal data and when using certain functionalities of the Web.

In addition, to the extent that Amenabar processes other personal data of Web users, it will specifically inform you through different privacy policies of the purposes of the processing.

Legal basis

Amenabar may process personal data on any of the following legal bases:

  • When you have given your consent;
  • When necessary to comply with Amenabar's legal obligations;
  • When necessary for the performance of a contract to which you are a party.

Recipients of personal data

Depending on the purposes for which personal information is collected, the recipients of such information, interchangeably, may be:

  • Authorized Company personnel subject to applicable data protection laws;
  • Official bodies or third parties in accordance with the applicable legislation;
  • External service providers, with whom we have signed the legally required contracts under which they guarantee the fulfillment of their obligations as data processors.

Rights of the interested parties

Any natural person shall have the right to request and obtain information regarding their personal data subject to processing, the origin of such data, as well as the communications made or planned to be made of such data free of charge. Additionally, the interested party may request the modification, cancellation, opposition or portability of their personal data.

The information may be requested by the data subject or their legal representative (in cases of disability or underage), expressly, by sending the form in Annex I and a photocopy of the DNI to datospersonales@amenabarrecursos.com to certify their representation and specifying the data that they want to access or on which the Data Controller must act where necessary.

No fee is required for the exercise of the rights of the interested parties.

a) Right of access

The data subject shall have the right to obtain confirmation as to whether their personal data is being processed or transferred to a third country or an international organization by the Controller.

In case the data subject requests a copy of the personal data being processed, the Controller shall provide it in digital format.

b) Right of correction

The data subject shall have the right to obtain the correction of inaccurate personal data concerning them from the Controller without unnecessary delay. Taking into account the purposes of the processing, the data subject shall also have the right to have incomplete personal data completed, including by the use of an additional statement.

c) Right to erasure or right to be forgotten

The data subject shall have the right to obtain the erasure of personal data concerning them without undue delay from the Controller. The Controller shall be obliged to erase personal data when:

  • The data are not necessary with regards to the purposes for which they were collected.
  • They are obsolete.
  • The data subject's consent to the processing is withdrawn.
  • They have been used unlawfully.

d) Right to object

The data subject has the right to object at any time to the processing of personal data concerning them, where such processing is unlawful. The data subject may object to the processing of their data on grounds relating to their particular situation, where the processing is based on: direct marketing; profiling; legitimate interest of the Controller or third parties, provided that such processing is not overriding: Direct marketing; profiling; legitimate interest of the Controller or third parties, provided that the interests or the rights and freedoms of the data subject, especially if they are a child, do not prevail; or the purposes of the processing are associated with: historical, statistical or scientific research, unless the processing is necessary for reasons of public interest.

e) Right to restrict processing

The data subject shall have the right to the restriction of data processing provided that any of the following conditions are met:

  • The data subject contests the accuracy of the personal data.
  • The processing is unlawful and the data subject objects to the erasure of the data and requests the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the formulation, exercise or defense of claims.
  • The data subject has objected to the processing, while it is being verified whether the legitimate reasons of the controller prevail over the data subjects.

f) Right to portability

The data subject shall have the right to have their data transferred by the Data Controller to another Data Controller or to the data subject themself, in a structured, commonly used and machine-readable format, when the processing is carried out by automated means.

g) Right to object to automated decision making

The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects concerning them or otherwise affects them.

Download the Instructions for the Exercise of Data Subject Rights.

Deadlines for response

In order to answer the requests made by data subjects, whether they are accepted or not, the Data Controller must respond within the following deadlines:

Legal basis

Deadline

Right of access 1 month after receipt of the request.
Right of correction 1 month after receipt of the request.
Right to erasure or right to be forgotten 1 month after receipt of the request.
Right to object 1 month after receipt of the request.
Right to restrict processing 1 month after receipt of the request.
Right to portability 1 month after receipt of the request.
Right to object to the automated decision making process 1 month after receipt of the request.

Once the previously mentioned deadlines have expired as required and the Data Controller has not expressly responded to the requests, they may be deemed as rejected and the applicant may file the corresponding complaint with the AEPD and take legal action.

Refusal to exercise the data subject's rights

The Data Controller may refuse access to the files or processing when:

  • The data subject has already exercised their right in an interval of less than twelve months and no legitimate interest has been proven.
  • The request has been made by a person other than the data subject (only for cases of disability and underage of the data subject, when they have not proven to be their legal representative).

The Data Controller can only refuse modification, opposition or erasure or forgetting of the files or processing when:

  • The request has been made by a person other than the data subject (only for cases of disability and underage of the data subject, when they have not proven to be their legal representative).
  • The cancellation causes harm to the legitimate interests of the data subject or third parties.
  • There is an obligation to retain the data.

Data retention period

Amenabar will store and process your personal data for the period necessary to fulfill the purposes described in this Privacy Policy, and will retain your personal information in compliance with applicable legislation.

The criteria followed for the retention of your data is determined by:

  • The purpose of the data collected and the fulfillment of that purpose.
  • The reasons for which the data is collected. In case of consent, you may revoke it at any time.
  • Mandatory storage periods according to contractual and legislative requirements.

Minors

Children under the age of 16 should not submit any personal information without the consent of their parent or guardian. Amenabar is not responsible for any personal information submitted by children under the age of 16 without proper authorization.

Safety measures

The Company has implemented appropriate technical measures to protect your personal data from accidental loss, unauthorized access, use and disclosure. However, despite the diligent implementation of such measures, the User should be aware that safety measures are not foolproof. Amenabar is by no means responsible for the possible actions of third parties who, in violation of such measures, gain access to the previously mentioned data and information. In addition, the Company has established procedures for any data safety incident.

Access to Amenabar's sites is carried out in a secure environment. To verify that you are on our Company's Web site, check that the word Amenabar appears on the top status line. You can also make sure that you are in a secure environment by the “url” address that appears in properties (by clicking the right mouse button). This “url” address begins with “https”, where the “s” identifies that the contents are being offered by a secure server.

Cookies

Access to this website may involve the use of cookies.

Cookies are small files or technologies of general use that are installed in the user's browser in order to store, retrieve or update data. They allow website manager to learn about the users´preferences when browsing its web site and to personalize the services offered on the basis of these preferences.

At Amenabar we use own and third-party cookies that allow us to carry out usage analysis and measurement to ensure that our websites work correctly and to improve our services.

Those users who do not wish to receive cookies or wish to be informed before they are stored on their computer can adjust their browser settings to that effect. For more information, please see our “Cookies Policy”.

GENERAL

The headings of the different clauses are for information purposes only, and shall not affect, qualify or expand the interpretation of the present. Likewise, the responsible party may modify the terms and conditions stipulated in this document, in total or partially, by publishing any change in the same manner in which this Legal Notice and Privacy Policy appears or through any type of communication addressed to users.

The temporary validity of this document thus matches the time of its exposure, until it is totally or partially modified, at which time the modified Legal Notice will become effective

Regardless of the provisions of the particular conditions that may be established, the owner of the website may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility for the user to claim any compensation. After such termination, the prohibitions of use of the contents set forth in this document will remain in effect.

Likewise, if the user breaches any of the conditions contained in the texts that legally regulate the use of the web, the company may suspend or cancel your profile automatically and without notice, and in no case will such suspension or cancellation entitle the user to any compensation. To these effects, the site manager advises that it may inform and collaborate in a timely manner with the competent police and judicial authorities if it detects any infringement of current legislation or if it has suspicion of the perpetration of any crime.

Should any discrepancy arise between the provisions of this Legal Notice and the particular conditions of each specific service of the Website, the provisions of the latter shall prevail.

In the event that any provision of this Legal Notice is declared invalid or inapplicable, in total or partially, by any Court, Tribunal or competent administrative body, given invalidity or unenforceability shall not affect the remaining provisions of this legal notice.

The non-exercise or execution by the website manager of any right or provision contained in this Legal Notice shall not constitute a waiver of the above mentioned.

UPDATE, SUSPENSION AND MODIFICATION OF THE WEBSITE

AMENABAR reserves the right to update, modify or delete the information on this Website and its configuration without prior notice. Likewise, it reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting and/or downloading of content and/or use of Website services, with or without prior notice, to users who violate any of the provisions detailed in this Legal Notice, without the possibility of the user being able to claim any compensation for this cause.

Likewise, it may suspend its publication in whole or in part and modify the structure or content of the publication without prior notice.

MODIFICATION OF THESE TERMS AND CONDITIONS

AMENABAR reserves the right to modify this Legal Notice and Privacy Policy to adapt legislative or jurisprudential developments so we recommend reading before each time you access and browse the website.

The relationships established with users will be subject to the rules provided at the time the user accessed the website for its establishment.

SECURITY IN TRANSACTIONS

Communication between users and AMENABAR does not use a secure channel, and the data transmitted is not encrypted, so users are requested to refrain from sending personal data that is considered confidential, since the security requirements of measures applicable to an insecure channel are not advised.

APPLICABLE LAW AND COMPETENT JURISDICTION

The owner of the website and the user, expressly waiving any other jurisdiction, submit to the courts and tribunals of the user's address for any dispute that may arise from access to or use of the Web. In the event that the user is located outside Spain, the parties submit, expressly waiving any other jurisdiction, to the courts and tribunals of Donostia/San Sebastián (Gipuzkoa).

To file complaints in the use of our services, you can contact us by e-mail or at the physical address, as well as the telephone numbers indicated, committing ourselves to find an amicable solution to the matter at all times.

For the resolution of problems or questions related to this Website, please contact the person in charge by the means indicated.

Last update: April 2022