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Legal notice and General Conditions of use of the website
Portada Legal notice and General Conditions of use of the website
Legal notice and General Conditions of use of the websiteGo back

1. GENERAL INFORMATION

In compliance with the duty of information laid down in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of 11 July, the following general information data from this website is provided below:

The ownership of this website, www.polapark.com, (hereinafter referred to as the Website) is held by POLA PARK S.L, with tax identification number: B-53101861 and registered in: REGISTRO MERCANTIL DE ALICANTE with the following registry data: VOLUME 1902, BOOK 0, FOLIO 131, SECTION 8, SHEET Nº A-37.300, REGISTRATION 1ª, and whose contact data are:

Address:
Av. Zaragoza s/n – 03130 Santa Pola, Alicante
Contact telephone: 965417060
Contact email: [email protected]

2. GENERAL TERMS AND CONDITIONS OF USE

The purpose of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, the following shall be understood as Website: the external appearance of the screen interfaces, both statically and dynamically, that is to say, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those online services or resources offered to Users (hereinafter, Services).

Pola Park reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that Pola Park may at any time interrupt, deactivate and/or cancel any of these elements that form part of the Website or access thereto.

Access to the Website by the User is free and, as a general rule, it is free of charge as well, without the User having to provide any consideration in order to enjoy it, except in relation to the cost of connection through the telecommunications network provided by the access provider contracted by the User.

The use of any of the Contents or Services of the Website may be done by subscription or prior registration of the User.

The User

Access, browsing and use of the Website, as well as the spaces set up to interact between Users and the User and Pola Park, such as comments and/or blogging spaces, confers the condition of User, for which reason all the Conditions established herein, as well as their subsequent modifications, are accepted from the moment navigation of the Website begins, without prejudice to the application of the corresponding legal regulations that must be complied with as the case may be. Given the relevance of the foregoing, it is recommended that the User read them each time he or she visits the Website.

The Pola Park Website provides a wide range of information, services and data. The User assumes responsibility for the correct use of this Website. This responsibility shall extend to:

Using the information, Contents and/or Services and data offered by Pola Park without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of third parties or to the very operation of the Website.

The veracity and legality of the information provided by the User in the forms issued by Pola Park for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify Pola Park of any fact that allows the improper use of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.

Pola Park reserves the right to withdraw all comments and contributions that violate the law or disrespect the dignity of any person, or that are discriminatory, xenophobic, racist, pornographic, spamming, or that threaten young adults or children, public order or security, or that, in its opinion, are not suitable for publication.

In any case, Pola Park will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.

Access to this website does not imply any kind of commercial relationship between Pola Park and the User.

The User declares that he or she is of legal age and has sufficient legal capacity to be bound by these Conditions. Therefore, the Pola Park Website is not intended for minors. Pola Park declines any responsibility for non-compliance with this requirement.

The Website is intended primarily for Users residing in Spain. Pola Park does not warrant that its Website complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled elsewhere and decides to access and/or browse the Website, he or she shall do so under his or her own responsibility. The User must ensure that such access and browsing comply with the local legislation applicable to him or her, Pola Park not assuming any responsibility that may derive from such access.

3. ACCESS TO AND BROWSING OF THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

Pola Park does not guarantee the continuity, availability or usefulness of its Website or its Content or Services. Pola Park will do everything possible for the proper functioning of the Website, however, it does not take responsibility or guarantee that access to this Website will not be uninterrupted or free of error.

Neither is it responsible for, nor does it guarantee that the content or software that can be accessed through this Website is free from error or causes damage to the User’s computer system (software and hardware). In no event shall Pola Park be liable for any loss, damage or injury of any kind arising from access to, browsing and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Pola Park is also not responsible for any damage that may be caused to users by improper use of this Website. In particular, it is not responsible in any way for falls, interruptions, lack or defect of telecommunications that may occur.

4. PRIVACY AND DATA PROTECTION POLICY

In compliance with current legislation, Pola Park undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated into this privacy policy

This privacy policy is adapted to the Spanish and European regulations in force regarding the protection of personal data on the Internet. Specifically, it respects the following rules:

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR).

Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

Royal Decree 1720/2007, of 21 December, approving the Regulations implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).

Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the Controller responsible for processing personal data

The Controller responsible for the processing of personal data collected in Pola Park is: POLA PARK S.L, with tax identification number: B-53101861 and registered in: REGISTRO MERCANTIL DE ALICANTE with the following registry data: VOLUME 1902, BOOK 0, FOLIO 131, SECTION 8, SHEET Nº A-37.300, REGISTRATION 1ª. Its contact data are:

Address:
Av. Zaragoza s/n – 03130 Santa Pola, Alicante
Contact telephone: 965417060
Contact email: [email protected]

Registration of Personal Data

Personal data collected by Pola Park by means of the forms extended on its pages will be entered into an automated file under the responsibility of the Controller, and duly declared and registered in the General Register of the Data Protection Agency which can be consulted on the website of the Spanish Data Protection Agency (http://www.agpd.es), with the aim of facilitating, speeding up and fulfilling the commitments established between Pola Park and the User or the maintenance of the relationship established in the forms that the User fills in, or in order to attend to a request or consultation he or she may submit.

Principles applicable to the processing of personal data

The processing of the User’s personal data will be subject to the following principles set out in article 5 of the GDPR:

Principle of lawfulness, fairness and transparency: the User’s consent shall be required at all times after fully transparent information on the purposes for which the personal data are collected.

Principle of purpose limitation: personal data will be collected for specific, explicit and legitimate purposes.

Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.

Principle of accuracy: personal data must be accurate and always up to date.

Principle of storage limitation: personal data will only be kept in such a way as to allow identification of the User for the time necessary for the purposes of its processing.

Principle of integrity and confidentiality: personal data will be treated in such a way as to guarantee its security and confidentiality.

Principle of accountability: the Controller shall be responsible for ensuring that the above principles are met.

Categories of personal data

The categories of data processed in Pola Park are for identification purposes only. Under no circumstances are special categories of personal data processed within the meaning of article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Pola Park undertakes to obtain the express and verifiable consent of the User for the processing of personal data for one or more specific purposes.

The User shall have the right to withdraw its consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.

On occasions when the User must or may provide their data through forms to make queries, request information or for reasons related to the content of the Website, the User will be accordingly informed in case the completion of any of them is mandatory as they may be essential for the proper conduct of the operation.

Purposes of the processing for which the personal data are intended

Personal data are collected and managed by Pola Park in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills or to meet a request or query.

Likewise, personal data may be used for the commercial, operational and statistical purposes of personalisation, and for activities related to the corporate purpose of Pola Park, as well as for the extraction and storage of data and marketing analysis to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Web Site.

At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses that will be given to the information collected.

Data retention periods

Personal data will only be retained for the minimum time necessary for the purposes of processing and, in any case, only for the following period: 5 years, or until the User requests its deletion.

At the time of collection of personal data, the User shall be informed of the period during which his or her personal data will be stored or, whenever this is not possible, of the criteria used to determine this period.

Recipients of personal data

The User’s personal data will not be shared with third parties.

In any case, at the time the personal data is obtained, the User will be informed about the recipients or categories of recipients of personal data.

Personal data of minors

Respecting what is established in articles 8 of the GDPR and 13 of the RDLOPD, only those over 14 years of age may give their consent for the processing of their personal data lawfully by Pola Park. If the person is under 14 years of age, the consent of the parents or guardians will be necessary for the processing, and this will only be considered lawful to the extent that the parents or guardians have authorised it.

Secrecy and security of personal data

Pola Park undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in such a way as to guarantee the security of personal data and to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised communication of or access to such data.

The Website has an SSL certificate (Secure Socket Layer), which ensures that personal data are transmitted securely and confidentially, being the transmission of data between the server and the User, and in feedback, fully encrypted or encrypted.

However, since Pola Park cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Controller undertakes to inform the User without undue delay when there is a breach of the security of personal data that is likely to involve a high risk to the rights and freedoms of natural persons. In accordance with article 4 of the GDPR, a breach of the security of personal data is understood to be any breach of security that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or in the unauthorised communication of or access to such data.

Personal data will be treated as confidential by the Controller, who undertakes to inform and guarantee by means of a legal or contractual obligation that this confidentiality will be respected by its employees, partners, and any person to whom he makes the information accessible.

Rights deriving from the processing of personal data

The User has the following rights recognised in the RGPD over Pola Park and may therefore exercise them before the Data Controller:

Access right: It is the User’s right to obtain confirmation as to whether or not Pola Park is processing their personal data and, if so, to obtain information on their specific personal data and on the processing that Pola Park has carried out or is carrying out, as well as, among other things, the available information on the origin of said data and the addressees of the communications carried out or planned for them.

Right to rectification: It is the User’s right to have his or her personal data modified if they prove to be inaccurate or, taking into account the purposes of the processing, incomplete.

Right to erasure (“right to be forgotten”): It is the User’s right, provided that the legislation in force does not establish the contrary, to obtain the erasure of his or her personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing, which has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data have been unlawfully processed; the personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to deleting the data, the Controller, taking into account the available technology and the cost of its implementation, shall take reasonable steps to inform the controllers processing the personal data of the data subject’s request for erasure of any link to such personal data.

Right to restriction of processing: It is the User’s right to limit the processing of their personal data. The User has the right to obtain the restriction of the processing when he or she challenges the accuracy of his or her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has opposed the processing.

Right to data portability: In the event that the processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured format, of common use and mechanical reading, and to transmit them to another controller. Whenever technically possible, the Controller will transmit the data directly to this other controller.

Right of opposition: It is the User’s right to prevent the processing of his or her personal data or cease theit ongoing processing by Pola Park.

Right not to be subject to a decision based solely on automated processing, including profiling: It is the User’s right not to be the object of an individualized decision based solely on the automated processing of personal data, including the creation of profiles, unless current legislation provides otherwise.

Therefore, the User may exercise his or her rights by means of a written communication addressed to the Controller with the reference “RGPD-www.polapark.com”, specifying:

Name and surname of the User and copy of the DNI. In cases where representation is allowed, it will also be necessary to identify the person representing the User by the same means, as well as the document accrediting the representation. The photocopy of the DNI may be replaced by any other means valid in law that proves identity.

Request with the specific reasons of the application or information to which you want to access.

Address for notification purposes.

Date and signature of the applicant.

Any document that accredits the request that is formulated.

This request and any other accompanying documents may be sent to the following address and/or e-mail address:

Postal address:
Av. Zaragoza s/n – 03130 Santa Pola, Alicante
E-mail: [email protected]

Links to third party websites

The Website may include hyperlinks or links that allow access to the websites of third parties other than Pola Park, and which are therefore not operated by Pola Park. The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Complaints to the supervisory authority

In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his or her personal data are being processed, he or she shall be entitled to effective judicial protection and to lodge a complaint with a control authority, in particular, in the State in which they have their habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes to this privacy policy

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as accepting the processing of his or her personal data so that the Controller can perform such processing in the manner, during the periods and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.

Pola Park reserves the right to modify its Privacy Policy, in accordance with its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. It is recommended that the User consult this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated on 15 January 2019 to conform to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR).

5. COOKIE POLICY

Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User —in the different devices that can be used to navigate— so that the server remembers certain information that will later be read by the server that implemented it. Cookies facilitate navigation, make it more user-friendly, and do not damage the navigation device.

Cookies are automatic procedures for collecting information regarding preferences determined by the User during his or her visit to the Website in order to recognize the User, and to personalize his or her experience and use of the Web Site, and may also, for example, help identify and resolve errors.

Information collected through cookies may include the date and time of visits to the Website, pages viewed, time spent on the Website, and sites visited just before and just after the Website. However, no cookie has the ability to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to form part of the Cookie file is for the User to personally give that information to the server.

Cookies that allow an individual to be identified are considered personal data. Therefore, they will be subject to the Privacy Policy described above. In this sense, the User’s consent will be required for their use. This consent will be communicated, on the basis of an authentic choice, offered through an affirmative and positive decision, before the initial treatment, removable and documented.

Own Cookies

These refers to those cookies that are sent to the User’s computer or device and managed exclusively by Pola Park for the best functioning of the Website. The information collected is used to improve the quality of the Website and its Content, and the User’s experience. These cookies enable the User to be recognised as a recurring visitor to the Web Site and to adapt the content to offer him/her content that suits his or her preferences.

Third-party Cookies

These are cookies used and managed by external entities that provide Pola Park with services requested to improve the Website and the user’s experience when browsing the Website. The main objectives for which third party cookies are used are to obtain access statistics and analyse navigation information, i.e. how the User interacts with the Website.

The information obtained refers, for example, to the number of pages visited, the language, the place to which the IP address from which the User accesses, the number of Users accessing, the frequency and repetition of visits, the time of visit, the browser they use, the operator or type of device from which the visit is made. This information is used to improve the Website and detect new needs in order to offer Users optimum quality Contents and/or servicez. In any case, the information is collected anonymously and Website trend reports are produced without identifying individual users.

You can find more information about cookies, privacy information, or see the description of the type of cookies used, their main features, expiration period, etc. at the following link(s):

Google Analytics: https://developers.google.com/analytics/

The entity(ies) in charge of the supply of cookies may transfer this information to third parties, as long as it is required by law or it is a third party that processes this information for such entities.

Social Network Cookies

Pola Park incorporates social network plugins, which allow access to them from the Website. For this reason, social network cookies can be stored in the User’s browser. The owners of these social networks have their own data protection and cookie policies, and in each case they themselves are responsible for their own files and their own privacy practices. The User must refer to them for information about these cookies and, where appropriate, the processing of their personal data. For information purposes only, the links in which these privacy and/or cookie policies may be consulted are indicated below:

Facebook: https://www.facebook.com/policies/cookies/

Twitter: https://twitter.com/es/privacy

Instagram: https://help.instagram.com/1896641480634370?ref=ig

Youtube: https://policies.google.com/privacy?hl=es-419&gl=mx

Google+: https://policies.google.com/technologies/cookies?hl=es

Pinterest: https://policy.pinterest.com/es/privacy-policy

LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies

Disabling, declining, and deleting cookies

The User can disable, reject and delete the cookies —wholly or partially— installed in his or her device by means of the configuration of the browser being used (among which there are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must refer to the instructions provided by the Internet browser he or she is using. In the event that the User refuses the use of cookies —in whole or in part—, he or she may continue to use the Website, although the use of some of its features may be limited.

Changes to Cookie Policy

It is possible that the Cookie Policy of the Website may change or be updated, so it is advisable that the User reviews this policy each time he or she accesses the Website in order to be properly informed about how and for what we use cookies.

6. LINKS POLICY

We inform you that the Pola Park Website makes or may make available to Users: linking media available to Users (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.

The implementation of these links, directories and search engines on the Website is intended to facilitate Users’ search and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.

Pola Park does not offer or market on its own or through third parties the products and/or services available on these linked sites.

It also does not guarantee the technical availability, accuracy, veracity, validity or lawfulness of sites outside its property that can be accessed through links.

Pola Park will never review or control the content of other websites, nor does it approve, examine or make its own the products and services, contents, files and any other existing material on the linked sites.

Pola Park assumes no responsibility for any damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by Pola Park and which are linked to this Website.

The User or third party who creates a hyperlink from a web page of another web site different to the Pola Park Website should know that:

The reproduction —totally or partially— of any of the Contents and/or Services of the Pol aPark Website is not allowed without the express authorization of Pola Park.

No false, inaccurate or incorrect statements may be made about the Pola Park Website or its Contents and/or Services.

With the exception of the hyperlink, the website on which said hyperlink is established shall not contain any element of this Website, which is protected as intellectual property by Spanish law, unless expressly authorised by Pola Park.

The establishment of the hyperlink shall not imply the existence of any relationship between Pola Park and the owner of the website from which it is made, nor the knowledge and acceptance by Pola Park of the contents, services and/or activities offered on said website, and vice versa.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

Pola Park is the owner of all the intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or texts, trademarks or logos, combinations of colours, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will be, therefore, works protected as intellectual property by the Spanish legal system, being applicable to both the Spanish and EU regulations in this field, as well as international treaties relating to the matter and signed by Spain.

All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the way in which it is made available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorisation of Pola Park are expressly prohibited.

The User undertakes to respect the intellectual and industrial property rights of Pola Park. The User may view the elements of the Website or even print, copy and store them on his or her computer’s hard drive or on any other physical support provided that it is solely for personal use. The User, however, may not delete, alter or manipulate any protection device or security system installed on the Website.

In the event that the User or third party considers that any of the Contents of the Website constitutes a violation of intellectual property protection rights, they must immediately notify Pola Park through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

8. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Pola Park reserves the right to bring any civil or criminal action it deems necessary for the improper use of the Website and its Contents, or for non-compliance with these Conditions.

The relationship between the User and Pola Park shall be governed by the regulations in force and applicable in the Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their conflicts to ordinary jurisdiction and submit to the corresponding judges and courts in accordance with the law.

Last modified: 15 January 2019