This legal notice regulates the use of the website HTTPS://MARTINEZAYALA.COM/ (hereinafter, THE WEB), owned by MARTINEZ AYALA, SA (hereinafter, OWNER OF THE WEB).
The OWNER OF THE WEB, in compliance with Law 34/2002, of July 11, on services of the information society and electronic commerce, informs you that:
l Its corporate name is: MARTINEZ AYALA, SA
l Its commercial name is: MARTINEZ AYALA, SA
l Its CIF is: A30352850
l Its registered office is at: CALLE LA HIGUERA Nº 28 POLIGONO INDUSTRIAL EL
SALADAR, TOTANA, (MURCIA), C.P. 30850.
l Registered in the Mercantile Registry of: MURCIA, VOLUME 1413, FOLIO 9, BOOK, SHEET MU-
10343, ENTRY 4
To communicate with us, we offer you different means of contact
which we detail below:
l Telephone: 968418030
l Email: TINTAS@MARTINEZAYALA.COM
All notifications and communications between users and the OWNER OF THE
WEB will be considered effective, for all purposes, when they are made through mail
postal or any other means of those detailed above.
The access and / or use of this portal of the OWNER OF THE WEB, creator of the site, attributes the condition of USER, to the one who accepts, from said access and / or use, the General Conditions of Use listed here. The aforementioned Conditions will be applicable regardless of the General Contracting Conditions that in their case are mandatory.
3) USE OF THE PORTAL.
The website and its services are free and open access, however, the OWNER OF THE WEB conditions the use of some of the services offered on its website to the prior completion of the corresponding form, to become a user of the portal.
The user guarantees the authenticity and timeliness of all the data that he communicates to the OWNER OF THE WEB and will be solely responsible for any false or inaccurate statements made.
The user expressly agrees to make proper use of the contents and services of the OWNER OF THE WEB and not to use them for, among others:
to. Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, in defense of terrorism or, in general, contrary to the law or public order.
b. Introducing computer viruses into the network, or performing actions that may alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of the OWNER OF THE WEB or of third parties; as well as obstructing the access of other users to the website and its services through the massive consumption of computer resources through which the OWNER OF THE WEB provides its services.
c. Trying to access the email accounts of other users or restricted areas of the computer systems of the OWNER OF THE WEB or third parties and, where appropriate, extract information.
d. Violate the rights of intellectual or industrial property, as well as violate the confidentiality of the information of the OWNER OF THE WEB or of third parties.
and. Impersonate the identity of another user, public administrations or a third party.
F. Reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the contents, unless you have the authorization of the owner of the corresponding rights, or it is legally permitted.
g. Collect data for advertising purposes and to send advertising of any kind and communications for sale or other purposes, of a commercial nature without your prior request or consent.
The OWNER OF THE WEB wants to inform the users and clients of its Web page, the policy carried out regarding the treatment and protection of personal data of those people who voluntarily use the contact forms to contact the OWNER OF THE WEB, as well as access to its own page, that imply the communication of your personal data to the OWNER OF THE WEB.
A.- Identification of the person responsible for the treatment.
The OWNER OF THE WEB, provided with CIF A30352850, informs the user and client of its Web page of the existence of an automated activity record of personal data called CLIENTS, where the personal data that the user and the client are collected and stored communicate in order to manage your request.
B.- Updating of policies.
For all the above, the OWNER OF THE WEB recommends that users read these policies periodically in order to be able to know the changes that are made to them.
C.- Purpose of the Activity Register.
The OWNER OF THE WEB does not request on its Web page, data from the Internet users who visit it, except for merely identifying data, therefore, the communication of personal data by the user to the OWNER OF THE WEB through its Web page can only It is understood that it will take place when they voluntarily use the contact form service or other means of communication to contact the OWNER OF THE WEBSITE, since in these cases the processing of the data is inevitable and implicit in the communication system. For these cases and those described in the following section, the entity informs the client that the data processing is carried out with the following purposes: Carry out all the procedures related to the preparation of budgets, contracting and provision of services of the OWNER FROM THE WEB, to the company to which it belongs or, where appropriate, to the interested party who requests it. As well as attending and answering the communications received and those of commercial prospecting to keep users informed of possible promotions.
It is reported that, when the user does not maintain commercial relations with the OWNER OF THE WEB, and sends an email or a communication to the OWNER OF THE WEB, indicating other personal data, said user will be giving their free, unequivocal consent, specific, informed and express for the treatment of your personal data by the OWNER OF THE WEB, with the purposes established above, as well as attend your communication or send documentation.
For the same purposes, the OWNER OF THE WEBSITE informs that, if the client sends an email or communicates to the OWNER OF THE WEBSITE their personal data due to the position they occupy in a company, either as administrator, manager, representative and / or any other position as a contact person in the company, it will be understood that such communication entails the provision of your free, unequivocal, specific, informed and express consent for the processing of your personal data by the OWNER OF THE WEB, with the established purposes previously.
E.- Identification of the recipients with respect to whom the OWNER OF THE WEB plans to carry out assignments or access to data on behalf of third parties.
The OWNER OF THE WEBSITE only plans to carry out assignments or communications of data that, due to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 and Organic Law 3/2018 of December 5 Protection of Personal Data and guarantee of digital rights (hereinafter RGPD) must perform to meet its obligations with Public Administrations,
Bodies or people directly related to the OWNER OF THE WEB, in the cases that are required in accordance with the Legislation in force in each matter and at any time or in the cases in which they have expressly consented.
Likewise, the OWNER OF THE WEB informs the user that any other transfer of data that must be made, will be brought to their knowledge when the RGPD so provides, informing them expressly, precisely and unequivocally of the recipients of the information, of the purpose for which the data will be used, and the nature of the data transferred, or where appropriate, when the RGPD establishes it, previously, the specific and informed unequivocal consent of the user will be requested.
However, the OWNER OF THE WEB informs the user and the client that any processing of personal data is subject to current legislation in Spain on data protection, established by the RGPD and its complementary and development regulations. In this sense, the OWNER OF THE WEB is only responsible and guarantees the confidentiality of the personal data that the user requests through the Web page.
F.- Data quality.
The OWNER OF THE WEB warns the user that, except for the existence of a legally constituted representation, no user can use the identity of another person and communicate their personal data, so the user at all times must bear in mind that, they can only include personal data corresponding to your own identity and that are adequate, pertinent, current, exact and true. For such purposes, the user will be solely responsible for any direct and / or indirect damage caused to third parties or to the OWNER OF THE WEB, for the use of personal data of another person, or their own personal data when they are false, erroneous, not current, inappropriate or impertinent. Likewise, the user who uses the personal data of a third party, will respond to the latter of the information obligation established in the RGPD for when the personal data has not been collected from the interested party, and / or the consequences of not having informed him.
G.- Exercise of the rights of Access, Rectification, Limitation of treatment,
Portability, Cancellation, Opposition of the treatment and Deletion of the data. The OWNER OF THE WEB informs the user of the possibility of exercising their rights of access, rectification, limitation of treatment, portability, opposition to the treatment and deletion of their data as well as the right to file a claim with the Control Authority by writing directed to the OWNER OF THE WEB at the following address: CALLE LA HIGUERA Nº 28 POLIGONO INDUSTRIAL EL SALADAR or by mail addressed to TINTAS@MARTINEZAYALA.COM, attaching in both cases your ID or identity card.
H.- Use of forms to collect personal data.
I.- Security measures adopted in relation to data processing
The OWNER OF THE WEB informs the user that, in accordance with the provisions of the RGPD, it has adopted the technical and organizational measures necessary to guarantee the security of personal data and avoid the alteration, loss, treatment or access not authorized, taking into account the state of technology, the nature of the stored data and the risks to which they are exposed. Likewise, the OWNER OF THE WEB guarantees the user compliance with the duty of professional secrecy regarding the personal data of users and the duty to keep them.
5) INTELLECTUAL AND INDUSTRIAL PROPERTY.
By virtue of the provisions of current legislation regulating Intellectual Property, the reproduction, distribution and public communication, including the method of making them available, of all or part of the contents, such as texts, photographs, are expressly prohibited. graphics, images, icons, technology, software, as well as its graphic design and source codes, of this web page, for commercial purposes, in any support and by any technical means, without the authorization of the OWNER OF THE WEB.
All the contents of the website constitute a work whose property belongs to the OWNER OF THE WEB, without any of the exploitation rights over them being understood to be transferred to the user, beyond what is strictly necessary for the correct use of the website.
Ultimately, users who access this website can view the contents and make, where appropriate, authorized private copies provided that the reproduced elements are not subsequently transferred to third parties, nor are they installed on servers connected to networks, nor are they subject to any type of commercial exploitation.
Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the website are the property of the OWNER OF THE WEB, without it being understood that the use or access to it attributes to the user any right over them.
The establishment of a hyperlink does not imply in any case the existence of relations between the OWNER OF THE WEB and the owner of the website on which it is established, nor the acceptance and approval by the OWNER OF THE WEB of its contents or services. Those who intend to establish a hyperlink must previously request authorization in writing from the OWNER OF THE WEB. In any case, the hyperlink will only allow access to the home page or home page of our website, and must also refrain from making false, inaccurate or incorrect statements or indications about the OWNER OF THE WEB, or include illegal, contrary content to good customs and public order. The OWNER OF THE WEB is not responsible for the use that each user gives to the materials made available on this website or for the actions carried out based on them.
6) EXCLUSION OF GUARANTEES AND LIABILITY.
The content of this website is of a general nature and is for informational purposes only, without fully guaranteeing access to all content, or its completeness, correctness, validity or timeliness, or its suitability or usefulness for a specific purpose.
The OWNER OF THE WEB excludes, as far as the legal system allows, any responsibility for damages of any kind derived from:
to. The inability to access. to the website or the lack of veracity, accuracy, completeness and / or timeliness of the contents, as well as the existence of vices and defects of all kinds of the contents transmitted, disseminated, stored, made available to those who have accessed through the website or the services offered.
b. The presence of viruses or other elements in the content that may cause alterations in computer systems, electronic documents or user data.
c. Failure to comply with the laws, good faith, public order, traffic uses and this legal notice as a consequence of the incorrect use of the website. In particular, and by way of example, the OWNER OF THE WEB is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy and the image itself, as well as regulations on unfair competition and illegal advertising.
7) MODIFICATION OF THE PRESENT CONDITIONS AND DURATION.
The OWNER OF THE WEB may modify at any time the conditions determined here, being duly published as they appear here. The validity of the aforementioned conditions will be based on their exposure and will be in force until they are modified by others duly published.
The OWNER OF THE WEB declines any responsibility regarding the information that is outside this website and is not managed directly by our webmaster. The function of the links that appear on this website, exclusively to inform the user about the existence of other sources capable of expanding the content offered by this website. The OWNER OF THE WEB does not guarantee or take responsibility for the operation or accessibility of the linked sites. Nor does it suggest, invite or recommend a visit to them, so it will not be responsible for the result obtained. The OWNER OF THE WEB is not responsible for the establishment of hyperlinks by third parties.
9) RIGHT OF EXCLUSION.
The OWNER OF THE WEB reserves the right to deny or withdraw access to the portal and / or the services offered without prior notice, at its own request or by a third party, to those users who fail to comply with these General Conditions of Use of the Portal.
In the event that any user or third party considers that there are facts or circumstances that reveal the illegal nature of the use of any content and / or the performance of any activity on the web pages included or accessible through the website, they must send a notification to the OWNER OF THE WEB, duly identifying yourself, specifying the alleged infractions and expressly declaring and under your responsibility that the information provided in the notification is accurate.
The administrative information provided through the website does not replace the legal publicity of the laws, regulations, plans, general provisions and acts that have to be formally published in the official gazettes of public administrations, which constitute the only instrument that attests to its authenticity and content. The information available on this website should be understood as a guide.
12) APPLICABLE LAW AND JURISDICTION.
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The provider and the user agree to submit any controversy that may arise from the provision of the products or services subject to these Conditions, to the Courts and Tribunals of the user’s domicile.
In the event that the user has its domicile outside of Spain, the provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the domicile of the OWNER OF THE WEB.