Name or Company name: BAUMGARTEN ESPAÑA, S.L.
CIF/VAT Number: B08337545
Registered at : Mercantile Register of Barcelona, Volume 28.823, Folio 58, page B-66.090
Registered office: Géminis St. 54, 08228, Terrassa (Barcelona)
This Website has been developed and designed to provide and allow the general access of all Internet Users to information, activities, products and various services, of our own or third parties, offered by this company.
The Providers, who are responsible for the Website, make this document available to Users first, in order to comply with the obligations provided by the European Regulation relating to privacy and electronic communications, known as “Regulation e-Privacy” as well as in the previous Law 34/2002, from Services of the Information Society and Electronic Commerce (LSSI-CE), and secondly, to inform all Users of the Website about the conditions of usage of the Website.
Any person accessing this Website is considered to be a User and agrees to respect and comply totally to the observance and strict compliance with the provisions set forth herein, as well as any other legal provision that may be applicable.
The Providers reserve the right to modify any information that may appear on the Website, without any obligation to to warn in advance or inform the Users of said obligations, as it is understood that the publication on the site is sufficient.
2. WEBSITE ACCESS
The User may get access to the site without restriction and free of charge, except for the cost of the connection through the telecommunications network provided by the Internet Service Provider (ISP) and incurred at the User’s own expense.
Visiting the Website does not imply that the User is obliged to provide personal information.
3. USE OF THE WEBSITE
Any person using the Website becomes a User and agrees to use the Website under his/her own responsibility.
The User undertakes not to use the information, activities, products or services that BAUMGARTEN ESPAÑA, S. L. provides in order to develop actions contrary to the laws, morals or public order and, in general, to use the Website according to these general conditions.
The User will refrain from obtaining, or trying to obtain, the contents by different means or procedures from those that in each case have been made available or indicated for this purpose.
The Providers are exempted from any kind of liability arising from the information published on the Website, as long as this information has been manipulated or entered by a third party not belonging to said site.
Users may be redirected from the client’s site to third parties’ Websites. Since the Provider cannot always control the contents appearing on the its Website through third parties, the Provider accepts no responsibility for said contents. In any case, the Provider declares that it he/she will proceed to immediately remove any contents that may contravene Spanish and international legislation, morals or public order, as well as immediately remove the redirection to this Website and will inform the competent authorities of the incriminating contents.
The Providers accept no responsibility for the information and contents included but not limited to that those stored in forums, chats, blogs, commentaries, social networks or any other medium that allows third parties to publish contents independently on the providers’ Website. Nevertheless, and in compliance with the stipulations of the current regulations, the providers stay at the disposal of all Users, authorities and security forces, and will actively collaborate with the removal or blockage, if applicable, of any contents that may affect or contravene national or international legislation, the rights of third parties or morals and public order. In the event that the User feels that there is some content on the Website that may be susceptible to belong to this classification, he or she is asked to notify the Website administrator immediately.
The Website has been checked and verified to ensure that it functions properly. Technically, its correct functioning can be guaranteed 365 days a year, 24 hours a day. Nevertheless, the Providers do not rule out the possible occurrence of specific programming errors, causes of force majeure, natural catastrophes, strikes or similar circumstances that make it impossible to access the Website.
5. PRIVACY AND PERSONAL DATA PROTECTION POLICY
Visiting the Website does not imply that the User is obliged to provide any personal information. In the event that the User provides any personal information, the data collected on the Website will be used for the purpose, in the manner and with the limitations and rights set forth in the General Data Protection Regulations (GDPR) and current regulations for the protection of personal data as explained and detailed in this personal data protection policy and that the User expressly agrees to.
In compliance with the provisions of these regulations, BAUMGARTEN ESPAÑA, S. L., as the File Manager, informs you that your personal data collected through the Website will be subject to automated processing in our files which are protected by computer security measures preventing free access to them, and guaranteeing their anonymization and their confidentiality.
BAUMGARTEN ESPAÑA, S.L. informs you that once the contractual relationship between the parties has come to its term either by its normal completion or because you, as interested party, express your willingness to unsubscribe your data in our files, or for having spent more than a year without any activity between the parties, the company will only keep them for the time strictly necessary for the fulfilment of their legal obligations. Data will be transferred to a temporary file and just for consultation, where they will be stored securely and protected by computer security measures that impede free access to them and guarantee their anonymization and their confidentiality during the time of mandatory preservation.
As a User and a stakeholder, and by virtue of your right to be informed, this section expressly informs you that you are the owner of the rights indicated below which are respected by BAUMGARTEN ESPAÑA, S.L. in the processing of your personal data:
• Right of access: By virtue of the right of access, the concerned party may obtain from the data controller information relating to specific data, included in a specific file, or to all of its data submitted for processing. This right constitutes the pillar of the rights that the concerned party has, since it is granted a right to know which data are submitted to procedure, and consequently, to allow control over the data, by which method, the stakeholder is authorized to know the information related to his person that consists of databases and automated files or not.
• Right of rectification: It is the right of the concerned party to modify the data that prove to be inaccurate or incomplete.
• Right to cancellation: Exercising the right of cancellation will result in the deletion of data that prove to be inadequate or excessive, without prejudice to the duty to block in accordance with the provisions of current legislation.
• Opposition right: It is the right of the concerned party not to carry out the processing of their personal data or to cease it in the following cases:
- When your consent for procedure is not necessary, as a consequence of the concurrence of a legitimate and well-founded reason, referring to your specific personal situation, justifying it, provided that a Law does not provide otherwise.
- In case of files intended to carry out advertising and commercial prospecting activities, regardless of the company responsible for their creation.
- When the procedure is aimed to adopt a decision referred to the concerned and based solely on an automated procedure of their personal data.
• Right to transparency: All processing of personal data must be lawful and loyal. For individuals, it must be entirely clear that personal data concerning them are collected, used, consulted or, otherwise, treated, as well as the extent to which these data are or will be processed.
• Right to be forgotten: The stakeholder shall have the right to obtain, without undue delay from the data controller, the deletion of personal data concerning him, which shall be obliged to remove the personal data without undue delay when any of the following circumstances arise:
- The stakeholder withdraws the consent on which the procedure is based in accordance with Article 6, point 1, letter a) of the GDPR or Article 9, point 2, letter a) of the GDPR, and this is not based on another legal background.
- The stakeholder opposes the procedure following Article 21, point 1 of the GDPR, and no other legitimate grounds for the procedure prevail, or the stakeholder opposes the procedure under Article 21, point 2 of the GDPR.
- Personal data have been processed unlawfully.
- Personal data should be deleted for the fulfilment of a legal obligation established in the EU Law or in the EU Member Estates applied to the data controller.
• Right to restriction of processing: The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the data subject opposes the personal data be erased and requests their use to be restricted instead;
- the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; and
- the data subject has objected to processing pursuant to Article 21, point 1 of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
• Right to data portability: The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
- The processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) point (b) in the GDPR; and
- the processing is carried out by automated means.
All the foregoing rights, as well as those that may arise in accordance with current regulations on data protection, whether national or EU are very personal and will be exercised by the affected party. Such rights shall be exercised:
- By the data subject proving his/her identity.
- When the data subject is disabled or a minor which makes it impossible for them to exercise these rights personally, those can be exercised by their legal representative, who, in that case, will need to prove their condition.
- The rights may also be exercised through a voluntary representative, expressly designated for the exercise of the right. In this case, the identity of the represented party must be clearly evidenced, through the provision of a copy of the National Identity Document or equivalent document, and the representation conferred by the latter.
The general conditions for the exercise of rights are:
- The rights are independent rights, in such a way that it cannot be understood that the exercise of any of them is a prerequisite for the exercise of another.
- The exercise by the concerned party of their rights will be free.
The exercise of rights must be carried out through by checking the corresponding box on each of our emails (newsletter), with automatic effects, or if you prefer, by a communication addressed to the person in charge of the file in our office in Terrassa (Barcelona), Géminis St. 54, 08228, or by email to firstname.lastname@example.org, which will contain:
- Data subject name and surname; copy of the National Identity Document or equivalent document. In case of a representative, the document that prove that condition. The previous paragraph will be understood without prejudice to the specific regulations applicable to the verification of identity data by the Public Administrations in administrative procedures.
- The application with the clear petition.
- The notification address, the date and the signature.
- The documents regarding the petition done, if necessary.
Likewise, once informed of their rights, and in relation to the data provided, the USER expressly accepts that:
Your data are used to send you information, training and marketing of our services, via conventional or electronic means that you may consider of interest within the services we provide
If the data subject provides personal contact data of third parties, such as, for example, the User’s employees, the latter agrees to inform the holders of said data of this clause, informing them prior to such communication to BAUMGARTEN ESPAÑA, S. L., of all the aspects included in it, especially the existence of the file, the purposes of the treatment and the possibility of exercising rights.
If not communicated, the data subject pledges to leave BAUMGARTEN ESPAÑA, S. L., without prejudice, for any damage, loss, expense or sanction of any jurisdictional order that could be caused by the lack of communication of this clause to the owners of the data provided by the data subject.
We will proceed to the cancellation and deletion of the collected data when they are no longer necessary or relevant for the purpose for which they were collected, or when you as a User, so request it according to your right of cancellation.
If the collected data were used for a purpose different than the one for which they were collected or gathered, the express prior consent of the interested parties will be required.
BAUMGARTREN ESPAÑA, S. L. informs you expressly that we will proceed to the cancellation of the collected data when they cease to be necessary or pertinent for the purpose for which they were collected, or when you, as a data subject, proceed to request it according to your right of cancellation. Also we inform you that we have adopted all the necessary technical and organizational measures at our disposal to guarantee the security and integrity of the data, as well as to avoid their alteration, loss, treatment or an unauthorized access to them.
The data requested on the Website are required. Refusing to provide the requested data will mean the non-provision or inability to access the service for which they were requested, given that if you do not provide them, nor does it provide your express consent for your treatment, this party would not be complying with its legal obligations derived from the current regulations for the Protection of Personal Data.
6. COOKIES AND ACTIVITY FILE
The cookies used by the Website are associated only with an anonymous User and their computer, and do not provide the User’s personal data by themselves.
The User has the possibility to configure his browser to be notified of the reception of cookies and to prevent their installation on his computer. Please consult the instructions and manuals of your browser to extend this information.
To use the Website, it is not necessary for the User to allow the installation of cookies sent by the Website, or a third party acting on their behalf, without prejudice to the need for the User to initiate a session as such in each one of the services whose service requires the previous registration or “login”.
The cookies used on this Website are, in any case, temporary in nature with the sole purpose of making their subsequent transmission more efficient. Under no circumstances will cookies be used to collect personal information.
7. IP ADDRESSES
The Website’s servers can automatically detect the IP address and domain name used by the User. An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is registered in a server activity file duly registered that allows the subsequent processing of the data in order to obtain only statistical measurements which inform on the number of page printed, the number of visits made to web services, the order of visits, the access point, etc.
The Website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these ends, the User/Client accepts that the provider obtains data for the purposes of the corresponding authentication of the access controls.
Any recruitment process or any involving the entry of personal data of a confidential nature (health, ideology, …) will always be transmitted through secure communication protocol (Https://, …), so that no third party has access to information transmitted electronically.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website, including but not limited to its programming, editing, compilation and other necessary elements for its operation, designs, logos, text and/or graphics are the property of the Providers or, where appropriate, have a license or express authorisation from the authors. All the Website contents are duly protected by the law of intellectual and industrial property, and are registered in the corresponding public registers.
Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and marketing, requires in any case prior written authorisation from the Providers. Any use not previously authorised by the providers will be considered a severe breach of the intellectual or industrial property rights of the author.
The designs, logos, text and/or graphics other than the Provider’s that may appear on the Website belong to their respective owners, who are themselves responsible for any possible controversy that may arise with respect to them. In any case, the Providers have the express and prior authorisation from them.
The Providers acknowledge in favour of their owners the corresponding rights of industrial and intellectual property, not implying their mere mention or appearance on the Website the existence of rights or any responsibility of the providers on them, as well as endorsement, sponsorship or recommendation by part of it.
To submit any comments regarding possible breaches of the rights of intellectual or industrial property, as well as on any of the contents of the Website, you can send an email to any of the email addresses mentioned at the top of this document.
10. GOVERNING LAW AND JURISDICTION
For the resolution of all disputes or issues related to this Website or the activities developed therein, Spanish legislation will apply, to which the parties expressly submit, being competent to resolve all disputes arising or related to its use by the Courts and Tribunals of TERRASSA, according to the registered office of the selected service Provider.