Legal notice

LEGAL NOTICE

1) IDENTIFICATION

This legal notice regulates the use of the website WWW.CABYSEAIBIZA.ES (hereinafter,
THE WEBSITE), owned by CABYSEA NAUTICA, S.L. (hereinafter, OWNER OF THE
WEBSITE).
The OWNER OF THE WEBSITE, in compliance with Law 34/2002, of July 11, of
services of the information society and electronic commerce, informs you that:
• The corporate name is: CABYSEA NAUTICA, S.L.
• The commercial name is: CABYSEA NAUTICA SL
• The VAT number is: B16617003
• The registered office is at: PUERTO IBIZA MAGNA, PANTALÁN 22A, IBIZA, (ISLAS
BALEARES), C.P.  07800.
• Registered in the Mercantile Registry of: IBIZA, l TOMO 344, FOLIO 68, BOOK 342, LEAF IB-
16075
To communicate with us, we offer different contact ways hereinafter provided:
• Telephone: +34 650 115 070 / +34 650 895 894
• Email: INFO@CABYSEAIBIZA.ES
All notifications and communications between users and the OWNER OF THE
WEBSITE will be considered effective, for all purposes, whenever they are made through postal mail
or any other means of those detailed above.

2) USERS.
The access and / or use of this portal of the OWNER OF THE WEBSITE, creator of the site, attributes
the condition of USER, to whom accepts to access and / or use the
General Use Conditions here reflected. The aforementioned conditions will apply
regardless of the General Contracting Conditions that may arise as mandatory.

3) PORTAL USE
The website and its services have free access, however, the OWNER
OF THE WEBSITE can condition the use of some of the services offered on the website to the
prior completion of the corresponding form, to become a user of this portal.
The user guarantees authenticity and update of all data that he communicates to the
OWNER OF THE WEBSITE and will be the only responsible for any false or inaccurate statements made.

The user expressly agrees to make appropriate use of the contents and
services of the WEBSITE OWNER and not to use them to:

  1. Disseminate contents dealing with criminal, violent, pornographic, racist, xenophobic, offensive,
    advocacy of terrorism or, in general, contrary to law or public order.
    b.  Introduce computer viruses in the network, or carry out actions that can alter,
    damage, interrupt or generate errors or damage to electronic documents, data or
    physical and logical systems of the OWNER OF THE WEBSITE or of third parties; and
    to block other users’ access to the website and its services through the
    massive consumption of computer resources with which the OWNER
    OF THE WEBSITE provides services.
    c.  Attempt to access to email accounts of other users or areas
    restricted from the computer systems of the OWNER OF THE WEBSITE or third parties
    and, in this case, extract information.
    d.  Vulnerate the rights of intellectual or industrial property, as well as violate the
    confidentiality of information of the OWNER OF THE WEBSITE or of third parties.
    e. Impersonate the identity of another user, public administrations or a third party.
  2.  Reproduce, copy, distribute, make available or in any other way communicate
    publicly, transform or modify the contents, unless you have the
    authorization of the owner of the corresponding rights, or it results legally
    permitted.
    g.  Collect data for advertising purposes and send advertising of any kind and
    communications for sale or other purposes, of a commercial nature without mediation
    upon request or consent.

 

 

 

 

 

4) PRIVACY POLICY.
The OWNER OF THE WEBSITE would like to inform users and clients of the
Web page, about the policy carried out regarding management and  personal data protection
of those who voluntarily use contact forms to contact with the OWNER OF THE WEBSITE, as well as access to his own page, which involves sharing personal data with the OWNER OF THE WEBSITE.

A.- Identification of Website Manager
The OWNER OF THE WEBSITE, provided with CIF B16617003, informs Web page users and customers
about the existence of an automated data log in activity called CLIENTS, where personal data that the user provides is gathered and stored in order to manage their request.

B.- Policy Update.
The OWNER OF THE WEBSITE will modify, without previous notice, the present policy of
privacy whenever necessary to adapt it to any legislative, regulatory, jurisprudential, administrative change or in order to adapt such policy to the instructions issued by the Data Protection Agency or any legitimate object subject to any modification of this policy. Notwithstanding the foregoing, it will be published and warned on the web page of the OWNER OF THE WEBSITE.
For all the aforementioned, the OWNER OF THE WEBSITE, recommends users to check periodically these policies so as to be aware of any possible changes.

C.- Purpose of Activities Registration.
The OWNER OF THE WEBSITE does not request any data to Internet visitors, except for merely identifying data, therefore, users’ personal data communication to the OWNER OF THE WEBSITE on the Web page will only be understood to take place when they voluntarily use the Contact Form service or other means of communication to contact with the OWNER OF THE WEBSITE, since, in these cases,  data processing is inevitable and implicit to the communication system.  For these cases and those described in the following section, the entity informs the client that the processing of data is done
with the following purpose: To carry out all the procedures related to the elaboration of budgets, contract and render services of the OWNER OF THE WEBSITE, the company to which it belongs or, where appropriate, the interested party who requests it, as well as handle and answer messages, communications and those of commercial prospect to keep users informed of eventual promotions.

 

D.- Consent.
We inform that, if the user does not maintain commercial relations with the
OWNER OF THE WEBSITE, and sends an email or a communication
to the OWNER OF THE WEBSITE, indicating other personal data, he will be
giving his free, unambiguous, specific, informed and express consent for the
processing of his/her personal data to the OWNER OF THE WEBSITE, with the purpose previously established, as well as to establish communication or send documentation.
To that effect, the OWNER OF THE WEBSITE informs that, if the client sends an
email or communicates his/her personal data to the OWNER OF THE WEBSITE on behalf of the position he/she occupies in a company, whether as administrator, manager,
representative and / or any other position as a contact person in the company,
we understand that such communication entails the provision of their free consent,
unequivocal, specific, informed and express for the processing of personal data by
THE OWNER OF THE WEBSITE, with the purpose previously established.

E.- Identification of recipients to whom the OWNER OF THE WEBSITE
plans to carry out transfers or access to data on behalf of third parties.

The OWNER OF THE WEBSITE only plans to make transfers or
data communications that according to (EU) Regulation 2016/679 of the European Parliament and Council of April 27, 2016 and the Organic Law 3/2018 of December 5 on
Protection of Personal Data and guarantee of digital rights (hereinafter
RGPD) must be carried out to meet obligations with Public Administrations,
Organizations or people directly related to the OWNER OF THE WEBSITE, whenever
required in accordance with the  current Legislation in each subject and at any time or in case he has expressly consented.
Likewise, the OWNER OF THE WEBSITE informs the user that any other data transfer to be made will be properly noticed  when the RGPD estimates, informing expressly, accurately and unequivocally about recipients, purpose and nature of data transferred or when appropriate, previously established by the RGPD specific unequivocal  and informed consent will be requested to the user.
However, the OWNER OF THE WEBSITE informs the user and client that any
personal data process, is subject to current legislation in Spain regarding
data protection, established by the RGPD and the complementary regulations and
development.  In this sense, the OWNER OF THE WEBSITE is only responsible and guarantees confidentiality of personal data requested to the user through the Web page.

F. – Data quality.

The OWNER OF THE WEBSITE warns the user, that except for the existence of a
legally constituted representation, users cannot use another person’s identity or communicate any personal data, so the user must at all times bear in mind that, he/she can only include personal data corresponding to himself/herself and they should be appropriate, relevant, current, accurate and true.  To

To this effect, the user will be the only responsible for any damage, direct and / or indirect caused  to third parties or the OWNER OF THE WEBSITE, due to the use of  another person’s personal data, or their own personal data when they are fake, erroneous, outdated, inadequate or irrelevant.  Likewise, the user who uses a third person’s personal data will respond to the obligation of information established in the RGPD for cases when personal data have not been shared by the interested party, and / or the consequences of not having informed him/her.

G.- Exercise the rights of Access, Rectification, Process Restriction,
Portability, Cancellation, Objection and Deletion of data.

The OWNER OF THE WEBSITE informs the user of the possibility of exercising their rights
to access, rectification, process restriction, portability, objection and
deletion of your data as well as the right to file a claim to the Authority
of Control by writing addressed to the OWNER OF THE WEBSITE in the following
Address: PUERTO IBIZA MAGNA, PANTALÁN 22A or by mail, addressed to
INFO@CABYSEAIBIZA.ES, enclosing, in both cases, your ID or identity card.

H.- Use of forms for the collection of personal data.

In the contact forms available on the web, where personal data are collected, the user must consent expressly and prior to sending them, the acceptance and knowledge of the privacy policy checking “I have read and accept the privacy policy”, whose content can be accessed through the attached link which contains this legal notice.  If the check box is not marked by the user, the data included in this form will not be sent.

I.- Security measures adopted regarding the processing of personal data.

The OWNER OF THE WEBSITE informs the user that, according to the RGPD, all the necessary technical and organizational measures to guarantee the security of personal data and avoid alteration, loss,
unauthorized process or access have been adopted, taking into account the state of technology and the nature of the stored data and the risks they are exposed to. Likewise, the
OWNER OF THE WEBSITE guarantees duty fulfillment of professional secrecy regarding personal data of users and the obligation to save them.

J.- More information on Privacy Policy.

If you want further information on our Privacy Policy, you can click
the following link on our website (note the link to Privacy Policy)

 

5) INTELLECTUAL AND INDUSTRIAL PROPERTY.

Under the provision of the current legislation governing Intellectual Property,
reproduction, distribution and public communication are expressly prohibited,
including  availability display, of all or part of the contents, such as texts, photographs, graphics, images, icons, technology, software, as well as graphic design and source codes of this web page, for commercial purposes, in any format or any technical means, without authorization of the OWNER OF THE WEBSITE.
All contents of the website constitute  exclusive work whose property belongs to the
OWNER OF THE WEBSITE, even exploitation rights, never given over to users beyond what is strictly necessary for the correct use of the web.
In short, users who access this website can view all contents and carry out, where appropriate, authorized private copies provided that the reproduced elements are not subsequently transferred to third parties, or installed in servers connected to networks, nor are they subject to any type of commercial exploitation.
Likewise, all brands, trade names or distinctive signs of any kind that appear on the website are the property of the OWNER OF THE WEBSITE, without being able to understand 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 relationships
between the OWNER OF THE WEBSITE and the owner of the website on which it is established, nor
acceptance and approval ,of its contents or services by the OWNER OF THE WEBSITE. Those who aim to establish a hyperlink, must previously request authorization in writing from the OWNER OF THE WEBSITE.  In any case, the hyperlink will only allow access to our website home-page, you must also refrain from making false, inaccurate or incorrect  statements or indications about the OWNER OF THE WEBSITE, or include illegal content, contrary to good customs and public order.  The OWNER OF THE WEBSITE is not responsible for the use that each user makes of the materials made available in this
website or the actions performed based on them.

6) EXCLUSION OF GUARANTEES AND LIABILITY.

The content of this website has general nature and a merely informative purpose, without fully guaranteeing access to all the contents, nor exhaustiveness, correction, validity or actuality, nor suitability or usefulness for a specific purpose.

The OWNER OF THE WEBSITE excludes, to the extent allowed by the legal system,
any liability for damage of any kind arising from:

  1. The impossibility of access to the website or lack of veracity, accuracy, completeness
    and / or current contents, as well as the existence of any kind of defect in the contents transmitted, disseminated, stored, made available that have been accessed through the website or the services offered.
    b.  The presence of viruses or other elements in the contents that can cause
    alterations in computer systems, electronic documents or users data.
    c.  Failure to comply with the laws, good faith, public order, uses of traffic and the
    present legal notice as a consequence of an incorrect use of the website. In particular, for instance, the OWNER OF THE WEBSITE is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal, family and personal image privacy, as well as the regulations on unfair competition and illicit advertising.

7) MODIFICATION AND DURATION OF THE PRESENT CONDITIONS.

The OWNER OF THE WEBSITE can modify at any time the conditions here
determined, being duly published as they appear here.  The validity of the
conditions aforementioned will be based on their exposure and will be valid until they are
modified by others duly published.

8) LINKS.


The OWNER OF THE WEBSITE declines any responsibility regarding the information
outside this web and not managed directly by our webmaster. The
function of the links that appear on this website, is exclusively to inform the user
on the existence of other sources so as to expand the content offered by this
website. The OWNER OF THE WEBSITE does not guarantee and is not responsible for the
operation or accessibility of the sites linked.  Neither suggests, invites or recommends to
visit them, consequently he will not be responsible for the result obtained.  The
OWNER OF THE WEBSITE is not responsible for the establishment of hyperlinks by third parties.

9) RIGHT OF EXCLUSION.

The OWNER OF THE WEBSITE reserves the right to deny or withdraw access to the portal
and / or the services offered without prior notice, at his own or by a third party request, to
those users who breach these General Conditions of Portal Use.

10) GENERAL.

In the event that any user or third party considers that there are facts or
circumstances that reveal illicit nature of the use of any content and / or any activity on the web pages included or accessible through the site web, you must send a notification to the OWNER OF THE WEBSITE, identifying yourself properly, specifying the alleged infractions and expressly stating under
your responsibility that the information provided in the notification is accurate.

11) PUBLICATIONS.


Administrative information provided through the website is not a substitute for legal advertising
of laws, regulations, plans, general provisions and acts that have to be formally published in official journals of public administrations, as the only instrument that attests to authenticity and content. All the information available on this website should be understood as a guide.


12) APPLICABLE LAW AND JURISDICTION.
These conditions be governed or construed in accordance with Spanish law in what may not be expressly established. Provider and user agree to submit any dispute that may arise from the provision of products or services object of these Conditions, to the Courts and Tribunals of the user’s domicile.
In the event that the user’s domicile is located outside Spain, provider and user will
expressly waive any other forum, and will submit to the Courts located in the address of the OWNER OF THE WEBSITE.

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