LEGAL NOTICE AND PRIVACY POLICY

1) IDENTIFICATION

This legal notice regulates the use of the website www.berca.es from now on, (THE WEBSITE), of which BERCA BRAND SL is the owner from now on, (OWNER OF THE WEBSITE). The OWNER OF THE WEBSITE, in compliance with Law 34/2002, of July 11, on information society services and electronic commerce, informs you that:

  • Company name is: BERCA BRAND SL.
  •  CIF: B87539581
  • Registered office is at: MALAQUITA 2A, 1ºC 28400 MADRID COLLADO VILLALBA

To communicate with us, we offer you different means of contact that we detail below:

All notifications and communications between users and the WEBSITE OWNER They will be considered effective, for all purposes, when they are made through postal mail or any other means detailed above.

2) USERS

Access and/or use of this portal WEBSITE OWNER, creator of the site, attributes the condition of USER, to whom she accepts, from said access and/or use, the General Conditions of Use reflected here. The aforementioned Conditions will apply regardless of the General Contract Conditions that, if applicable, are mandatory.

3) USE OF THE PORTAL

The website and its services are freely accessible, however, the WEBSITE OWNER 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 data communicated to the WEBSITE OWNER and will be solely responsible for any false or inaccurate statements made.

The user expressly undertakes to make appropriate use of the contents and services of the WEBSITE OWNER no longer use them for, among others:

a) Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, in support of terrorism or, in general, contrary to the law or public order.

b) Introduce computer viruses into the network, or carry out actions that may alter, spoil, interrupt or generate errors or damage to the electronic documents, data or physical and logical systems of the WEBSITE OWNER or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of computer resources through which the WEBSITE OWNER Prest your services.

c) Try to access the email accounts of other users or restricted areas of the computer systems of the OWNER OF THE WEBSITE or third parties and, where appropriate, extract information.

d) Violate intellectual or industrial property rights, as well as violate the confidentiality of the user's information. WEBSITE OWNER or third parties.

e) Impersonate the identity of another user, public administrations or a third party.

f) Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify 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 send advertising of any kind and communications for sales or other purposes, of a commercial nature without your prior request or consent.

4) PRIVACY POLICY

THE OWNER OF THE WEBSITE wants to inform the users and clients of its website of the policy carried out regarding the treatment and protection of the personal data of those people who voluntarily use the contact forms to contact the WEBSITE OWNER, as well as access to your own page, which involve the communication of your personal data to the OWNER OF THE WEBSITE.

A.- Identification of the person responsible for the treatment.

THE OWNER OF THE WEBSITE, informs the user and client of its website of the existence of an automated record of personal data activities called CLIENTS, where the personal data that the user and the client communicate to it in order to manage their request are collected and stored.

B.- Update of policies.

THE OWNER OF THE WEBSITE will modify, without prior notice, this privacy policy whenever necessary to adapt it to any legislative, regulatory, jurisprudential, administrative change or with the purpose of adapting said policy to the instructions issued by the Data Protection Agency or object legitimate of any modification of this policy, notwithstanding the foregoing, it will be published and notified on the website of the OWNER OF THE WEBSITE.

For all of the above, the WEBSITE OWNER, recommends that users periodically read these policies in order to be aware of the changes that are made to them.

C.- Purpose of the Activity Record

THE OWNER OF THE WEBSITE does not request data on its website from Internet users who visit it, except for merely identifying data, therefore, the communication of personal data by the user to the WEBSITE OWNER Through its website it can only be understood that it will take place when they voluntarily use the contact form service or other means.
communication to contact the WEBSITE OWNER, given that in these cases the processing of data 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 data processing is carried out for the following purposes: Carry out all the procedures related to the preparation of budgets, contracting and provision of services of the WEBSITE OWNER, to the company to which it belongs or, where appropriate, to the interested party who requests it. As well as attend to and respond to communications received and commercial prospecting communications to keep users informed of possible promotions.

D.- Consent

It is reported that, when the user does not maintain commercial relations with the WEBSITE OWNER, and send an email or communication to WEBSITE OWNER, indicating other personal data, said user will be giving their free, unequivocal, specific, informed and express consent for the processing of their personal data by the WEBSITE OWNER, for the purposes established above, as well as to attend to your communication or send documentation.

For the same purposes, the WEBSITE OWNER informs that, if the client sends an email or communicates to the WEBSITE OWNER your personal data due to the position you hold in a company, whether 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 consent, specific, informed and express for the processing of your personal data by the WEBSITE OWNER, with the purposes established above.

E.- Identification of recipients

Regarding those who WEBSITE OWNER plans to transfer or access data on behalf of third parties.

THE OWNER OF THE WEBSITE It only plans to carry out transfers or communications of data that, due to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (hereinafter RGPD) and Organic Law 3/2018 of April 5, December Protection of Personal Data and Guarantee of Digital Rights (hereinafter LOPDGDD) must be carried out to address your
obligations with Public Administrations, Organizations or people directly related to the WEBSITE OWNER, in cases where this is required in accordance with the Legislation in force in each matter and at all times or in the cases in which you have expressly consented.

Likewise the WEBSITE OWNER informs the user that any other transfer of data that must be carried out will be brought to their attention when provided for in the RGPD and/or in the LOPDGDD, 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 applicable, when the RGPD establishes it, previously, unequivocal specific and informed consent will be requested from the user.

However, the WEBSITE OWNER informs the user and the client that any processing of personal data is subject to the legislation in force in Spain on data protection, established by the RGPD and its complementary and developing regulations. In this sense, the WEBSITE OWNER It is only responsible for and guarantees the confidentiality of the personal data that it requests from the user through the Website.

F.- Data quality

THE OWNER OF THE WEBSITE 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 must at all times keep in mind that they can only include personal data corresponding to their own identity and that they are appropriate, relevant, current, accurate and true. For these purposes, the user will be solely responsible for any direct and/or indirect damage caused to third parties or to the WEBSITE OWNER, for the use of another person's personal data, or your own personal data when they are false, erroneous, not current, inadequate or impertinent. Likewise, the user who uses the personal data of a third party will respond to the latter for the information obligation established in the RGPD for when the personal data has not been collected from the interested party, and/or for the consequences of not having informed him or her.

G.- Exercise of the rights of Access, Rectification, Limitation of processing, Portability, Cancellation, Opposition to processing and Deletion of data.

THE OWNER OF THE WEBSITE informs the user of the possibility of exercising their rights of access, rectification, limitation of processing, portability, opposition to the processing and deletion of their data, as well as the right to file a claim with the Controlling Authority by writing to the WEBSITE OWNER at the following address: 658 195 881 or by email addressed to berca@berca.es, attaching in both cases your ID or identity card.

H.- Use of forms to collect personal data

In the contact forms existing on the website, where personal data is collected, the user must expressly consent, prior to sending them, to the acceptance and knowledge of the privacy policy by completing the check « I have read and accept the privacy policy", and whose content you can access through the attached link that will send you this legal notice. If the check field is not marked by the user, the data contained in said forms will not be sent.

I.- Security measures adopted in relation to the processing of personal data.

THE OWNER OF THE WEBSITE informs the user that, in accordance with the provisions of the RGPD, it has adopted the necessary technical and organizational measures to guarantee the security of personal data and prevent alteration, loss, processing or unauthorized access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed.

Likewise the WEBSITE OWNER guarantees the user compliance with the duty of professional secrecy regarding the users' personal data and the duty to store 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 available, of all or part of the contents, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, of this website, for commercial purposes, on any medium and by any technical means, without the authorization of the OWNER OF THE WEBSITE.

All contents of the website constitute a work whose property belongs to the WEBSITE OWNER, without any exploitation rights over them being understood to have been transferred to the user, beyond what is strictly necessary for the correct use of the website.

In short, users who access this website can view the contents and make, where appropriate, authorized private copies as long as the reproduced elements are not subsequently transferred to third parties, nor are they installed on servers connected to networks, nor are they subject to no 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 WEBSITE OWNER, without it being understood that the use or access to it grants the user any right over them.

The establishment of a hyperlink does not imply in any case the existence of relations between the WEBSITE OWNER and the owner of the website on which it is established, nor the acceptance and approval by the WEBSITE OWNER of its contents or services. Those people who intend to establish a hyperlink must previously request written authorization from the WEBSITE OWNER. In any case, the hyperlink will only allow access to the home-page or start page of our website, and must also refrain from making false, inaccurate or incorrect statements or indications about the WEBSITE OWNER, 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 gives to the materials made available on this website or for the actions taken based on them.

6) EXCLUSION OF WARRANTIES AND LIABILITY.

The content of this website is of a general nature and has a purely informative purpose, without fully guaranteeing access to all content, nor its completeness, correctness, validity or timeliness, nor its suitability or usefulness for a specific objective.

THE OWNER OF THE WEBSITE excludes, to the extent permitted by the legal system, any liability for damages of any kind derived from:

a) The impossibility of 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 that have been 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 laws, good faith, public order, traffic practices and this legal notice as a result of incorrect use of the website. In particular, and by way of example, the WEBSITE OWNER 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 self-image, as well as regulations on unfair competition and illicit advertising.

7) MODIFICATION OF THESE CONDITIONS AND DURATION.

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

8) LINKS

He WEBSITE OWNER 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 is exclusively to inform the user about the existence of other sources that may expand the contents offered by this website. He WEBSITE OWNER does not guarantee nor is it responsible for the operation or accessibility of the linked sites. It does not suggest, invite or recommend a visit to them, so it will not be responsible for the result obtained. He WEBSITE OWNER is not responsible for the establishment of third-party hyperlinks.

9) RIGHT OF EXCLUSION:

He WEBSITE OWNER reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or that of a third party, to those users who fail to comply with these General Conditions of Use of the Portal.

10) GENERALITIES

In the event that any user or third party considers that there are facts or circumstances that reveal the illicit 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 WEBSITE OWNER, duly identifying themselves, specifying the alleged infractions and expressly declaring and under their responsibility that the information provided in the notification is accurate.

11) PUBLICATIONS

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 journals 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 that are the subject of these Conditions, to the Courts and Tribunals of the user's domicile. In the event that the user is domiciled outside of Spain, the provider and the user expressly renounce any other forum, submitting to the Courts and Tribunals of the domicile of the OWNER OF THE WEBSITE.