LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE
www.bilbaoretrotours.com
I. GENERAL INFORMATION
In compliance with the duty of information provided in Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information on this website is provided below. :
The ownership of this website, www.bilbaoretrotours.com, (hereinafter, Website) is held by: Jose Albani Guerri Claveras, with NIF: 16051754P, and whose contact details are:
Address:
C/. Hainaut 16, 3rd Right
48,009 Bilbao (Bizkaia)
Contact telephone number: (34) 616 44 01 32
Contact email: info@bilbaoretrotours.com
II. GENERAL TERMS AND CONDITIONS OF USE
The object of the conditions: The Website
The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate the access and use of the Website. For the purposes of these Conditions, a Website shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, 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 that it offers to Users (hereinafter, Services).
BILBAO RETRO TOURS reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be included in it. The User acknowledges and accepts that at any time BILBAO RETRO TOURS may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.
Access to the Website by the User is free and, as a general rule, is free without the User having to provide a consideration to be able to enjoy it, except in relation to the cost of connection through the telecommunications network provided. by the access provider that the User has contracted.
The use of any of the Contents or Services of the Website may be done by prior subscription or registration of the User.
The user
The access, navigation and use of the Website, as well as the spaces enabled to interact between the Users, and the User and BILBAO RETRO TOURS, 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 browsing the Website begins, without prejudice to the application of the corresponding mandatory legal regulations, as the case may be. Given the relevance of the foregoing, the User is recommended to read them each time they visit the Website.
The BILBAO RETRO TOURS Website provides a wide variety of information, services and data. The User assumes his responsibility to make correct use of the Website. This responsibility will extend to:
• A use of the information, Contents and/or Services and data offered by BILBAO RETRO TOURS without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may cause injury. of the rights of third parties or the operation of the Website itself.
• The veracity and legality of the information provided by the User in the forms issued by BILBAO RETRO TOURS for access to certain Contents or Services offered by the Website. In any case, the User will immediately notify BILBAO RETRO TOURS about 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 with its immediate cancellation.
BILBAO RETRO TOURS reserves the right to withdraw all those comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or childhood, the order or public safety or that, in his opinion, would not be suitable for publication.
In any case, BILBAO RETRO TOURS will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.
Mere access to this Website does not imply any type of commercial relationship between BILBAO RETRO TOURS and the User.
The User declares to be of legal age and have sufficient legal capacity to be bound by these Conditions. Therefore, this BILBAO RETRO TOURS Website is not directed at minors. BILBAO RETRO TOURS declines any responsibility for failure to comply with this requirement.
The Website is mainly aimed at Users residing in Spain. BILBAO RETRO TOURS does not ensure that the Website complies with the laws of other countries, either totally or partially. If the User resides or is domiciled elsewhere and decides to access and/or browse the Website, they will do so at their own risk, they must ensure that such access and browsing complies with local legislation that is applicable to them, and BILBAO is not assuming RETRO TOURS any responsibility that may arise from such access.
III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND LIABILITY
BILBAO RETRO TOURS does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. BILBAO RETRO TOURS will do everything possible for the proper functioning of the Website, however, it is not responsible or guarantees that access to this Website will not be uninterrupted or error-free.
Nor is it responsible for or guarantees that the content or software that can be accessed through this Website is error-free or causes damage to the User's computer system (software and hardware). In no case will BILBAO RETRO TOURS be responsible for losses, damages or damages of any kind arising from access, browsing and use of the Website, including, but not limited to, those caused to computer systems or those caused by the virus introduction.
BILBAO RETRO TOURS is not responsible for any damages that may be caused to users due to improper use of this Website. In particular, it is not responsible in any way for the falls, interruptions, lack or defect of telecommunications that may occur.
IV. PRIVACY AND DATA PROTECTION POLICY
Respecting the provisions of current legislation, BILBAO RETRO TOURS undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.
Laws that incorporate this privacy policy
This privacy policy is adapted to current Spanish and European regulations on 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 April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) .
• Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
• Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
• Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).
Identity of the person responsible for the processing of personal data
The person responsible for the processing of personal data collected at BILBAO RETRO TOURS is: Jose Albani Guerri Claveras, with NIF: 16051754P (hereinafter, also Responsible for the treatment). Their contact details are as follows:
Address:
C/. Hainaut 16, 3rd Right
48,009 Bilbao (Bizkaia)
Contact telephone number: (34) 616 44 01 32
Contact email: info@bilbaoretrotours.com
Registration of Personal Data
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by BILBAO RETRO TOURS through the forms extended on its pages will be incorporated and will be processed in our files in order to facilitate, expedite and comply the commitments established between BILBAO RETRO TOURS and the User or the maintenance of the relationship established in the forms that the User fills out, or to respond to a request or query from the User. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in article 30.5 of the RGPD is applicable, a record of treatment activities is maintained that specifies, according to their purposes, the treatment activities carried out and the other circumstances established in the GDPR.
Principles applicable to the processing of personal data
The processing of the User's personal data will be subject to the following principles contained in article 5 of the GDPR:
• Principle of legality, loyalty and transparency: the User's consent will be required at all times after completely transparent information of the purposes for which the personal data is 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 only be strictly necessary in relation to the purposes for which they are processed.
• Principle of accuracy: personal data must be exact and always up to date.
• Principle of limitation of the conservation period: personal data will only be kept in a way that allows the identification of the User during the time necessary for the purposes of its treatment.
• Principle of integrity and confidentiality: personal data will be processed in a way that guarantees its security and confidentiality.
• Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are met.
Categories of personal data
The categories of data that are processed by BILBAO RETRO TOURS are only identifying data. In no case 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. BILBAO RETRO TOURS undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.
The User will have the right to withdraw their consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.
In the occasions in which the User must or can provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, they will be informed in the event that the completion of any of them is mandatory. because they are essential for the proper development of the operation performed.
Purposes of the processing for which the personal data is intended.
Personal data is collected and managed by BILBAO RETRO TOURS with the purpose of being able 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 out or to attend to. a request or inquiry.
Likewise, the data may be used for commercial personalization, operational, and statistical purposes, and activities specific to the corporate purpose of BILBAO RETRO TOURS, as well as for the extraction, storage of data, and marketing studies to adapt the Content offered to the User, as well as improve the quality, operation and navigation of the Website.
At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the treatment for which the personal data will be used; that is, the use or uses that will be given to the information collected.
Personal data retention periods
Personal data will only be retained for the minimum time necessary for the purposes of its treatment and, in any case, only during the following period: 1 Year, or until the User requests its deletion.
At the time the personal data is obtained, the User will be informed about the period during which the personal data will be kept or, when this is not possible, 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 the personal data.
Personal data of minors
Respecting the provisions of articles 8 of the GDPR and 13 of the RDLOPD, only those over 14 years of age may grant their consent for the processing of their personal data lawfully by BILBAO RETRO TOURS. If it is a minor under 14 years of age, the consent of the parents or guardians will be necessary for the treatment, and this will only be considered lawful to the extent that they have authorized it.
Secret and security of personal data
BILBAO RETRO TOURS undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of personal data and prevent accidental destruction, loss or alteration. or unlawful transmission, retention or processing of personal data, or unauthorized disclosure of or access to such data.
The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the data is transmitted between the server and the User, and in feedback, fully encrypted or encrypted. .
However, since BILBAO RETRO TOURS cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a breach of the security of personal data that is likely to entail a high risk to the rights and freedoms of natural persons. Following the provisions of article 4 of the GDPR, a violation of the security of personal data is understood as any breach of security that causes the destruction, loss or accidental or illegal alteration of personal data transmitted, stored or processed in another way, or unauthorized communication or access to such data.
The personal data will be treated as confidential by the Data Controller, who undertakes to inform and guarantee through a legal or contractual obligation that said confidentiality is respected by its employees, associates, and any person to whom the information is made accessible. information.
Rights derived from the processing of personal data
The User has over BILBAO RETRO TOURS and may, therefore, exercise the following rights recognized in the GDPR before the Data Controller:
• Right of access: It is the right of the User to obtain confirmation of whether or not BILBAO RETRO TOURS is treating their personal data and, if so, to obtain information about their specific personal data and the treatment that BILBAO RETRO TOURS has carried out or perform, as well as, among other things, the information available on the origin of said data and the recipients of the communications made or planned thereof.
• Right of rectification: It is the right of the User to modify their personal data that turns out to be inaccurate or, taking into account the purposes of the treatment, incomplete.
• Right of deletion ("the right to be forgotten"): It is the User's right, provided that current legislation does not establish otherwise, to obtain the deletion of their personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his consent to the treatment and this does not have another legal basis; the User opposes the treatment and there is no other legitimate reason to continue with it; the personal data has 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 Data Controller, taking into account the available technology and the cost of its application, must take reasonable measures to inform those responsible for processing the personal data of the request by the interested party to delete any link to those personal data.
• Right to limitation of treatment: It is the right of the User to limit the treatment of their personal data. The User has the right to obtain the limitation of the treatment when they challenge the accuracy of their personal data; the treatment is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has opposed the treatment.
• Right to data portability: In the event that the treatment is carried out by automated means, the User will have the right to receive from the Data Controller their personal data in a structured format, of common use and mechanical reading, and to transmit them to another responsible for the treatment. Whenever technically possible, the Data Controller will directly transmit the data to that other controller.
• Right of opposition: It is the right of the User not to carry out the processing of their personal data or to cease their processing by BILBAO RETRO TOURS.
• Right not to be subject to a decision based solely on automated processing, including profiling: It is the User's right not to be subject to an individualized decision based solely on automated processing of their personal data, including the elaboration of profiles, existing unless the current legislation establishes otherwise.
Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference "RGPD-www.bilbaoretrotours.com", specifying:
• Name, surname of the User and a copy of the DNI. In the cases in which the representation is admitted, the identification by the same means of the person representing the User will also be necessary, as well as the document accrediting the representation. The photocopy of the DNI may be replaced by any other legally valid means that proves the identity.
• Request with the specific reasons for the request or information to which you want to access.
• Address for the purpose of notifications.
• Date and signature of the applicant.
• Any document that proves the request made.
This application and any other attached document may be sent to the following address and/or email:
Mailing address:
C/. Hainaut 16, 3rd Right
48,009 Bilbao (Bizkaia)
Email: info@bilbaoretrotours.com
Links to third party websites
The Website may include hyperlinks or links that allow access to web pages of third parties other than BILBAO RETRO TOURS, and therefore are not operated by BILBAO RETRO TOURS. The owners of said websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.
Claims before the control authority
In the event that the User considers that there is a problem or infringement of current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a claim with a control authority, in particular, in the State in which you have your habitual residence, place of work or place of the alleged infringement. In the case of Spain, the control 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 that they accept the processing of their personal data so that the Data Controller can proceed to the same in the form, during the terms and for the purposes indicated. The use of the Website will imply the acceptance of its Privacy Policy.
BILBAO RETRO TOURS reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Agency for Data Protection. Changes or updates to this Privacy Policy will be explicitly notified to the User.
This Privacy Policy was updated on December 9, 2019 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the treatment of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights (LOPD)
V. COOKIES POLICY
Access to this Website may imply 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 may be used to navigate— so that the server remembers certain information that later and only the server that implemented it will read. Cookies facilitate browsing, make it more user-friendly, and do not harm the browsing device.
Cookies are automatic procedures for collecting information related to the preferences determined by the User during his visit to the Website in order to recognize him as a User, and personalize his experience and use of the Website, and can also, for example, help to identify and resolve errors.
The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website and the sites visited just before and after it. However, no cookie allows it 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 become part of the Cookie file is for the user to personally provide that information to the server.
Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, for the use of the same, the consent of the User will be necessary. This consent will be communicated, based on an authentic choice, offered by means of an affirmative and positive decision, before the initial, removable and documented treatment.
own cookies
These are cookies that are sent to the User's computer or device and managed exclusively by BILBAO RETRO TOURS for the best functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies allow the User to be recognized as a recurring visitor to the Website and adapt the content to offer content that meets their preferences.
The entity(ies) in charge of supplying 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 said entities.
Social network cookies
BILBAO RETRO TOURS incorporates social network plugins, which allow access to them from the Website. For this reason, social network cookies may be stored in the User's browser. The owners of these social networks have their own data protection and cookie policies, being themselves, in each case, responsible for their own files and their own privacy practices. The User must refer to them to find out about said cookies and, where appropriate, the processing of their personal data. For information purposes only, the links where these privacy and/or cookie policies can 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
Disable, reject and delete cookies
The User can disable, reject and eliminate the cookies - totally or partially - installed on their device through the configuration of their browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this sense, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser that he is using. In the event that you reject the use of cookies —totally or partially— you may continue to use the Website, although the use of some of its features may be limited.
Cookie Policy Changes
It is possible that the Cookies Policy of the Website changes or is updated, therefore it is recommended that the User review this policy each time they access the Website in order to be adequately informed about how and why we use cookies.
SAW. LINK POLICY
It is reported that the BILBAO RETRO TOURS Website makes or may make available to Users link means (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 purpose of installing these links, directories and search engines on the Website is to make it easier for Users to search for and access the information available on the Internet, without it being considered a suggestion, recommendation or invitation to visit them. .
BILBAO RETRO TOURS does not offer or market, by itself or through third parties, the products and/or services available on said linked sites.
Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.
BILBAO RETRO TOURS will in no case review or control the content of other websites, nor will it approve, examine or endorse the products and services, content, files and any other material existing on the aforementioned linked sites.
BILBAO RETRO TOURS does not assume any responsibility for damages that may be caused by the access, use, quality or legality of the contents, communications, opinions, products and services of the websites not managed by BILBAO RETRO TOURS and that are linked in this Website.
The User or third party who makes a hyperlink from a web page of another, different, website to the BILBAO RETRO TOURS Website must know that:
The reproduction — totally or partially — of any of the Contents and/or Services of the Website is not allowed without the express authorization of BILBAO RETRO TOURS.
Neither is any false, inaccurate or incorrect statement allowed on the BILBAO RETRO TOURS Website, nor on its Contents and/or Services.
With the exception of the hyperlink, the website on which said hyperlink is established will not contain any element of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorized by BILBAO RETRO TOURS.
The establishment of the hyperlink will not imply the existence of relations between BILBAO RETRO TOURS and the owner of the website from which it is made, nor the knowledge and acceptance of BILBAO RETRO TOURS of the contents, services and/or activities offered on said website, and vice versa.
VII. INTELLECTUAL AND INDUSTRIAL PROPERTY
BILBAO RETRO TOURS by itself or as an assignee, is the owner of all the intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will, therefore, be works protected as intellectual property by the Spanish legal system, both Spanish and Community regulations in this field being applicable, 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 method of making them available, of all or part of the contents of this website, for commercial purposes, are expressly prohibited. in any support and by any technical means, without the authorization of BILBAO RETRO TOURS.
The User undertakes to respect the intellectual and industrial property rights of BILBAO RETRO TOURS. You can view the elements of the Website or even print, copy and store them on your computer's hard drive or on any other physical medium, provided it is exclusively for your personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was 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 the rights of protection of intellectual property, they must immediately notify BILBAO RETRO TOURS through the contact information in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.
VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION
BILBAO RETRO TOURS reserves the right to present the civil or criminal actions it deems necessary for the improper use of the Website and Contents, or for the breach of these Conditions.
The relationship between the User and BILBAO RETRO TOURS will be governed by the regulations in force and applicable in Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting to the corresponding judges and courts according to law.
Last modification: December 9, 2019