1. Ownership of the web portal
BALOO, BALOOSHOP S.L. (hereinafter, the Entity) ESB93660504 and domiciled at PLAZA DE LA VICTORIA Nº7, 29601, MARBELLA, MALAGA, SPAIN is the owner of this web portal (hereinafter, the Portal). Electronic contact with the Entity can be made through the contact page.
The domain name through which you have accessed the Portal is owned by the Entity. Said domain name may not be used in connection with other content, products or services that are not owned by the Entity, nor in any way that may cause confusion among end users or discredit the Entity.
This Legal Information page includes the conditions of use that regulate access, navigation and use of the Portal, as well as the responsibilities derived from the use, provision and / or contracting of the products or services that, where appropriate, may be offered, as well as the contents that comprise it, and without prejudice to the fact that the Entity may establish particular conditions that regulate the use, provision and / or contracting of products or services that, where appropriate, are offered to Users through the Portal. In any case, these particular conditions will form an integral part of this Legal Notice.
The mere access to the Portal, the completion of forms, the sending of information requests, inquiries, complaints, hiring offers, curriculum vitae and, in general, any act of a similar nature to the previous ones carried out through the forms and / or Electronic mailboxes on the Portal will imply, for its part, the unreserved acceptance of each and every one of the rules that make up this Legal Notice and the acquisition of the consideration of Portal User. Consequently, you must carefully read and know the content of this Legal Notice.
In case of being offered, through the Portal, the use, provision and / or contracting of products or services, the fact of being used and / or requested by the User will also imply the unreserved acceptance of the particular conditions that, where appropriate, have been established for this purpose, and that will form an integral part of this Legal Notice.
3. Access and use of the Portal
Access to the Portal by Users is free and free. However, the use, provision and / or contracting of the products or services that, where appropriate, may be offered by the Entity may be subject to the prior observance of formal requirements such as the completion of the corresponding form, payment of expenses or rates and / or prior acceptance of the particular conditions that apply to them.
The mere access to the Portal does not imply, in itself, the establishment of any type of link or commercial relationship between the Entity and the User, except when the appropriate means have been established for this and the User has previously complied with the requirements that , where appropriate, are established.
The inclusion in the Portal of information related to products or services offered by the Entity is exclusively for informational and advertising purposes, unless another purpose is expressly established.
If for the use, provision and / or contracting of any product or service offered through the Portal, the User must proceed to register, he / she will be responsible for providing true and lawful information, guaranteeing the authenticity of all the data that he / she enters to the time to fill in the pre-established forms to access the products or services in question. If as a result of registration, the User is provided with a password, he / she agrees to use it diligently and keep it secret. Consequently, Users are responsible for the adequate custody and confidentiality of any identifiers and / or passwords that are provided by the Entity, and they undertake not to assign their use to third parties, either temporarily or permanently, or to allow their access. to outsiders.
The User shall be solely responsible for the use and / or contracting of the products or services by any illegitimate third party who uses a password for this purpose due to a non-diligent action or loss of the same by the User.
By virtue of the foregoing, it is the User's obligation to immediately notify the Entity of any fact that allows the improper use of identifiers and / or passwords, such as theft, loss, or unauthorized access to them, with in order to proceed with its immediate cancellation. As long as such events are not communicated, the Entity will be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.
In any case, the access, navigation and use of the Portal and, where appropriate, the use or contracting of the services or products that are offered through it is done under the sole and exclusive responsibility of the User, for which the latter is undertakes to diligently and faithfully observe any additional instructions, given by the Entity or by authorized personnel of the Entity, regarding the use of the Portal and its contents.
Therefore, the User undertakes to use the contents, products and services in a diligent, correct and lawful manner, in accordance with current legislation and, in particular, undertakes to refrain from:
(i) Use them for purposes or effects contrary to the law, morality, generally accepted good customs or public order and the instructions received from the Entity.
(ii) Use them for purposes that are harmful to the legitimate rights of third parties.
(iii) Use the contents and products and, in particular, the information of any kind obtained through the Portal or the services to send advertising, communications for direct sales purposes or for any other kind of commercial purpose, unsolicited messages directed to a plurality of people regardless of their purpose, as well as refraining from marketing or disclosing said information in any way.
4. Responsibilities and limitations
The Entity cannot guarantee the reliability, usefulness or veracity of the information provided through the Portal. Consequently, the Entity does not guarantee or is responsible for:
(i) The continuity of the contents of the Portal and / or the lack of availability or accessibility of the Portal or its technical continuity;
(ii) The absence of errors in said content or products;
(iii) The absence of viruses and other harmful components on the Portal or on the server that supplies it;
(iv) The invulnerability of the Portal and / or the impregnability of the security measures adopted in it;
(v) Where appropriate, the lack of usefulness or performance of the contents or services of the Portal;
(vi) Damages or losses caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that the Entity establishes in the Portal or through the violation of its security systems;
(vii) Any other damages that may be caused by reasons inherent to the non-functioning or defective functioning of the Portal or of the websites to which, where appropriate, links have been established.
However, the Entity declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the Portal and avoid the existence and transmission of viruses and other harmful components to Users.
The Entity makes every effort to avoid errors in the content published on the Portal. All the contents offered through the Portal are up-to-date, and the Entity reserves the right to modify them at any time. The Entity is not responsible for the consequences that may arise from errors in the content that may appear on the Portal provided by third parties.
Any communication or transmission of content that infringes the rights of third parties and whose content is threatening, obscene, defamatory, pornographic, xenophobic, an attack on the dignity of the person or the rights of children, current legislation or any conduct that incites is prohibited. or constitutes the realization of a criminal offense.
Likewise, the inclusion and communication of content, by users, that are false or inaccurate and that induce or may mislead the rest of the users or the Entity's staff, in particular the contents that are protected by any Intellectual or industrial property rights, belonging to third parties, when they do not have the authorization of the owner of the rights, undermine or discredit the reputation or credit of the Entity, are considered as a case of illicit, misleading or unfair advertising and / or incorporate viruses or any other electronic element that could damage or prevent the operation of the website, the network, computer equipment of the Entity or third parties and / or access to the portal by other users.
The Entity may prohibit access to the Portal by any User who performs any of the behaviors referred to, by way of example and not limitation, in this section.
5. Intellectual and Industrial Property Rights
The Entity is the owner or has obtained the corresponding license on the exploitation rights in the matter of intellectual, industrial and image property on the contents available through it, among others, by way of example and not exhaustive, the texts, graphic designs, drawings, codes, software, photographs, videos, sounds, databases, indexes, images, brands, logos, expressions and information and, in general, any other creation protected by national standards and international treaties on intellectual and industrial property (in hereinafter, jointly, the Contents).
All intellectual and industrial property rights over the Contents are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the Contents included in the Portal, for public purposes. or commercial, if you do not have the prior, express and written authorization of the Entity or, where appropriate, of the owner of the corresponding rights.
The access and navigation of the User through the Portal will in no case be understood as a waiver, transmission, license or total or partial transfer of the rights indicated above by the Entity.
Consequently, it is not allowed to delete, evade or manipulate the copyright notice ("copyright") and any other data identifying the rights of the Entity or its owners incorporated into the Contents, as well as the technical protection devices , fingerprints or any information and / or identification mechanisms that may be contained in them.
References to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by the Entity or third-party companies, imply the prohibition on their use without the consent of the Entity or its legitimate owners. At no time, unless expressly stated, does the access or use of the Portal and / or its Contents confer on the user any right over the trademarks, logos and / or distinctive signs included in it protected by Law.
6.1 Links from the Portal to other web pages
The Entity may offer links, directly or indirectly, to Internet resources or web pages that are outside the Portal. The presence of these links on the Portal is for informational purposes, not constituting in any case an invitation to contract products and / or services that are offered or may be offered on the destination web pages, nor does it imply the existence of a commercial link or relationship. or dependency with the entity that owns the linked web page. In these cases, the Entity will not be responsible for establishing the general and particular conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, cannot be held responsible for them.
The Entity does not have the power or human or technical means to know, control or approve all the information, content, products or services provided by other web pages to which links can be established from the Portal. Consequently, the Entity will not be able to assume any type of responsibility for any aspect related to the web pages to which a link could be established from the Portal, specifically, by way of example and not limitation, on their operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.
However, in the event that the Entity becomes aware that the activity or information to which it is referred from said links is illegal, constitutes a crime or may damage the property or rights of a third party, it will act with the diligence necessary to delete or disable the corresponding link as soon as possible.
Likewise, if the Users had effective knowledge of the illegality of activities carried out through these third-party web pages, they must immediately notify the Entity so that the access link to it may be disabled.
6.2 Links from other web pages to the Portal
If any User, entity or website wishes to establish some type of link to the Portal, they must abide by the following stipulations:
(i) You must obtain the prior, express and written authorization of the Entity.
(ii) The link may only be directed to the main page of the Portal, unless otherwise expressly authorized.
(iii) The link must be absolute and complete, that is, it must take the User, by means of a click, to the main page and must completely cover the entire extension of the screen of the main page of the Portal. In no case, unless the Entity authorizes something else, the web page from which the link is made may reproduce, in any way, the Portal, include it as part of its web or within one of its "frames" or create a "browser" on any of the pages of the Portal.
(iv) On the web page from which the link is established, it may not be declared in any way that the Entity has authorized such a link, without it having been. If the entity that makes the link from its page to the Portal correctly wishes to include on its web page the brand, denomination, commercial name, label, logo, or any other identifying sign of the Entity and / or the Portal, it must previously have the prior, express and written authorization from the Entity.
(v) In any case, the Entity prohibits the establishment of a link to the Portal from those web pages that contain materials, information or illicit, illegal, degrading, obscene content, and in general, that contravene morality, public order, current legislation, generally accepted social norms or are harmful to the legitimate rights of third parties.
When it is necessary for the User to register or provide personal data (among other cases, to access services; request information; purchase products; send queries, complaints or hiring requests; send curriculum vitae), the collection and processing of data Personal data will be carried out in accordance with and in compliance with the principles set forth in the current Organic Law on Data Protection (LOPD) and implementing regulations, as well as EU Regulation 2016/679 of the European Parliament and of the Council, of April 27 of 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data ("RGPD").
The Entity undertakes to process and collect personal data:
· In a lawful, loyal and transparent manner,
· in an adequate, pertinent and limited way to what is necessary,
· exactly updated and,
· for the necessary time.
Likewise, the Entity undertakes to respect the guiding principles of Privacy by design and by default and of proactive responsibility.
In any case, the data thus collected will go to a file under the responsibility of the Entity with the sole purpose of:
· Manage the relationship with the Users, as well as the provision of Services offered through the Web (or on which the User has made a query / request) and, in general, the management, development and fulfillment of the relationship established between the Entity and those who provide their personal data through the Website.
· Respond to possible job applications that may be received and manage the possible selection process.
· Solve doubts and queries.
· Send newsletter or when the User has given their consent or registered for a specific service. In this case, at the time the data is collected, the User will be given the opportunity to refuse to use it for that purpose. In addition, in each shipment the possibility of unsubscribing will be established.
When personal data is collected through the web form, it will be necessary for the User to provide, at least, those marked with an asterisk, since, if these data considered necessary are not provided, the Entity will not be able to manage the requested service.
In addition, with the delivery of the data and / or with the completion of the form (s), the User authorizes the Entity to use the email or telephone address as a means of communication and guarantees that the data provided is true, accurate. , complete and updated, expressly consenting to the use, treatment and communication of the same for the informed purposes.
In the event that third-party data is provided, the person who has provided it guarantees to have informed them of the terms set forth in this section.
In accordance with the provisions of Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce, in the event that the User does not wish to receive electronic commercial communications in the future or unsubscribe from the newsletter system to which you have been able to subscribe may express such wish by sending an email to our entity.
The Entity has profiles on some of the main social networks on the Internet (Facebook, Twitter, etc.), so that it is responsible for the file in all these cases of the data of its followers, fans, subscribers, commentators. The treatment that the ENTITY can carry out will be the one that the social network allows to the corporate profiles. The ENTITY may inform its followers by any means that the social network allows about its activities, services, etc. In no case will the Entity extract data from social networks.
8. Duration and modification
The Entity reserves the right to modify this Legal Notice and / or the particular conditions that, where appropriate, have been established for the use and / or contracting of the products or services provided through the Portal, when it deems it appropriate or in order to adapt to legislative and technological changes, being valid and taking effect from the publication on the Portal.
The temporary validity of these conditions of use coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified conditions of use will take effect.
The Entity may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the page, without the User being able to demand any compensation. After said termination, the prohibitions on the use of the contents, previously exposed in this Legal Notice, will remain in force.
Any communication between the Entity and the User must be addressed to the Entity at the postal and / or electronic address. In any case, communications from the Entity to the User will be made in accordance with the contact information provided or provided. Expressly, the User accepts the use of email as a valid procedure for the exchange of information and the sending of communications between and / or with the Entity.
The headings of the different clauses are only informative, and will not affect, qualify or modify the interpretation of the Legal Notice.
In the event of a discrepancy between the provisions of this Legal Notice and the particular conditions that, where appropriate, may be established with respect to the products or services offered on the Portal, the provisions of the particular conditions shall prevail.
In the event that any provision or provisions of this Legal Notice were considered null (s) or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or inapplication will not affect the other provisions of the Legal Notice or the particular conditions that, where appropriate, may have been established.
EThe non-exercise or execution by the Entity of any right or provision contained in this Legal Notice will not constitute a waiver thereof, unless acknowledgment and agreement in writing by you.
11. Legislación aplicable y tribunales competentes
This Legal Notice and the relationships established between the Entity and the User, in particular the knowledge and resolution of any disputes, discrepancies or differences that may arise, will be governed and resolved in accordance with the provisions of the Spanish regulations regarding applicable legislation and competent jurisdiction.
However, for the cases in which the regulations provide the possibility for the parties to submit to a jurisdiction, the Entity and the User, expressly waiving any other jurisdiction that may correspond to them, will submit any controversies and / or litigation to the knowledge of the Courts and Tribunals of the city of the Entity's domicile provided for in this Legal Notice.