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Legal Disclaimer

Legal Disclaimer

General Information

Pursuant to Article 10 of Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce (LSSI), you are hereby advised that the owner of this website is La Zagaleta S.L. (hereinafter, “La Zagaleta”) which can be contacted at:

E-mail: info@lazagaleta.com

Telephone: +34 952 855 450

Postal Address: Carretera de Ronda (A-397) km 38.5, 29679 Benahavís, Málaga Apd 244 (Spain)

La Zagaleta S.L. is a lawfully incorporated company registered with the Malaga Register of Companies, Volume 1169, Book 82, Folio 178, Page MA.3778 Entry 1, with Corporate Tax Identity Number B-29533932

General Terms and Conditions

The domain names lazagaleta.com, lazagaleta.es, forozagaleta.com, and forozagaleta.es are the property of La Zagaleta and their use is exclusively reserved to such company.

The official web portal of La Zagaleta is www.lazagaleta.com, and the purpose of this portal and of the other portals under the domain names indicated above is the provision to the general public of information on the activities carried out and the services provided by this company.

The use of any of these Websites implies the express and full acceptance of the terms and conditions set forth herein, in addition to any particular conditions applying to any of the specific services offered through the Website.

La Zagaleta reserves the right to change and update at any time and without prior notice the information posted on its Website and its configuration and presentation.

In order to keep the information posted on the portals up to date, their contents may be changed, corrected, erased or added to at any time; consequently, users are advised to verify their currency or accuracy by referring to the original sources.

Personal Data Protection

The personal data requested from users in order to allow the provision of our services are subject to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

The gathering and processing of such data is carried out by La Zagaleta as the Data Controller for the purposes of managing, extending and improving the services requested at any time by users, following up queries, participation in recruitment processes, sending electronic communications and/or preparing statistics.

La Zagaleta undertakes to fulfil its secrecy obligation with regard to the personal data provided to it and safeguard their confidentiality, in accordance with the applicable legislation. For such purposes, it shall take suitable steps as required to prevent their alteration, loss, or unauthorised processing or access.

Data subjects are advised that La Zagaleta has appointed a Data Protection Officer who may be contacted regarding any issue relating to the processing of their personal data. Data subjects wishing to contact the Data Protection Officer may do so by email at dpo@lazagaleta.com or by post at Carretera de Ronda (A-397) km 38.5, 29679 Benahavís, Málaga Apdo. 244, (Spain), indicating their full name, the service of La Zagaleta to which they are subscribed and the Access, Information, Restriction, Rectification, Erasure, Portability or Objection right they wish to exercise with regard to their personal data.

Data Retention Period

La Zagaleta will retain the personal data only for the period of time reasonably required in order to respond to any queries or solve any issues, make improvements, activate its services or comply with applicable legal requirements. This means that it may retain personal data for a reasonable period of time even after the data subject has stopped using the services of La Zagaleta or has stopped using the Website. After such period, the personal data will be blocked from all La Zagaleta’s systems.

Legal Grounds

La Zagaleta processes the personal data on the following legal grounds:

Contract performance
The legal ground for the processing of the data subject’s personal data gathered is the performance of the sale agreement. In this regard, the data subject is obliged to provide the data required for the performance of the agreement. If such data are not provided, the sale will not be possible.

Legal obligation
The management and issuing of the sales invoice is carried out on the grounds of the legal obligation of La Zagaleta in its relationship with customers.

Consent
With regard to the following purposes, the legal grounds for the processing of the data subjects’ personal data will be their consent, where provided:

– Website registration Web.

– Sending information on exclusive promotions, latest news and personalised information matching the data subject’s profile.

– Responding to rights requests, queries and complaints from data subjects regarding their personal data.

The withdrawal of consent by the data subject for the above data processing activities shall not affect the sale agreement entered into between the data subject and La Zagaleta.

Legitimate interest
With regard to the following purposes, the legal grounds for the processing of the data subjects’ personal data will be La Zagaleta’s legitimate interest:

– Profiling for the sending of information on exclusive promotions, latest news and personalised information matching the data subject’s profile.

– Sending satisfaction surveys on the products purchased or services used by the customers of La Zagaleta to request their views in order to improve such products or services.

Our legitimate interest consists is ensuring that our Website remains secure, as well as helping  La Zagaleta to understand the needs, expectations and level of satisfaction of users, and hence improve its services, products and brands. All these actions are carried out with the aim of improving the customers’ level of satisfaction and ensure a unique browsing and purchase experience.

Recipients of the Data

The data subjects’ personal data may assigned/disclosed to the following recipients:

– Companies belonging to the Zagaleta Group.

– Public Administration Agencies and Bodies, when so required by the applicable tax, labour, Social Security or any other legislation.

– Companies acting as Data Processors in the capacity of franchisees and suppliers providing services to La Zagaleta (courier companies, electronic communication companies, agencies, profiling companies, etc.).

International data transfers may also be carried out involving the above data assignments/disclosures, for which purposes La Zagaleta shall use the Standard Contractual Clauses from the European Commission and the EU-US Privacy Shield as an assurance for transfers to countries for which an adequacy decision by the European Commission does not exist. In all cases, the third parties with which personal data are shared must previously furnish proof of having implemented suitable technical and organisational measures to ensure their adequate protection.

La Zagaleta does not sell customer data to third parties.

Intellectual and Industrial Property and Frames

All the elements making up the Website, including its structure, design, source code, logos, brands and other distinguishing marks appearing on it are the property of La Zagaleta or its collaborators and are protected by intellectual and industrial property rights.

Any images and other graphic elements posted on the portals are likewise protected by intellectual and industrial property rights.

La Zagaleta expressly prohibits the use of “framings” or the use by third parties or any other mechanisms to alter the design, original configuration or content of our portals.

The use of content is subject to specific licensing terms and conditions.  Hence, the use, reproduction, distribution, public dissemination or transformation of content or any other similar or analogous activity is strictly prohibited without the prior express consent of La Zagaleta.

La Zagaleta authorises the reproduction in full or in part of the texts and content posted on the portal provided that each and every one of the following conditions is met:

  • The integrity of the content, documents or graphic material must be preserved.
  • La Zagaleta must be expressly cited as their source and origin.
  • The aim and purpose of such use must be compatible with the purposes of the Website and or La Zagaleta’s business activities.
  • No commercial exploitation is intended; their distribution, public dissemination, transformation or decompilation is expressly prohibited.

Any other use must be reported to and expressly authorised in advance by La Zagaleta,.

With regard to mentions of third-party products and services, La Zagaleta acknowledges the respective owners’ industrial and intellectual property rights, and the mere mention or posting on the Website of such products and services does not imply the existence of any rights over or liability for them, nor their endorsement, sponsorship or recommendation.

La Zagaleta is committed to respecting the intellectual and industrial property rights of third parties; therefore, if you believe that our portals could be infringing your rights, please contact La Zagaleta.

Responsibility

La Zagaleta does not warrant the absence of errors in the access to the Website or in its content, nor the updating of content; however, La Zagaleta will use its best efforts to avoid, remedy or update them, as the case may be.

Any person accessing La Zagaleta’s portals or making use of the information contained in them shall do so exclusively under their own responsibility.

La Zagaleta assumes no responsibility for any potential security errors or any potential damage to the Users’ IT system (hardware and software) and the files and documents stored in it  as a result of  the presence of viruses in the computer used by the User to connect to the services and content of the Website, browser malfunction, or the use of outdated browser versions.

La Zagaleta assumes no responsibility for the information featured including but not limited to in forums, chats, blogs, reviews, social media or any other means whatsoever allowing third parties to independently post content on the La Zagaleta website.

However, in compliance with the provisions of the LSSI, La Zagaleta places itself at the disposal of all users, authorities and law enforcement agencies to actively cooperate in the withdrawal or blocking, as the case may be, of any content potentially affecting or infringing national or international laws, the rights of third parties, or public order and moral principles.  Any users who believe that any of the content of our website might potentially fall under such categories are kindly asked to contact La Zagaleta.

La Zagaleta assumes no responsibility for the replies given through the various email addresses appearing on its web portal; consequently they shall not give rise to any legally binding liability under any circumstances.

Links or Hyperlinks

The links featured on our web portals may redirect to third-party website content. The purpose of such links is only to assist users in finding resources of potential interest to them on the Internet. However, those web pages do not belong to La Zagaleta, which does not verify their content. Consequently, La Zagaleta assumes no responsibility for the content, information or services featured on said websites, access to which is provided solely for information purposes, entailing no relationship whatsoever between La Zagaleta and the persons or entities owning such content or the websites where it is posted. La Zagaleta likewise assumes no responsibility for the operation of the web pages accessed via such links or for the damages potentially arising from access to or use thereof.

Links to the La Zagaleta websites must meet the following conditions:

  1. The insertion of the link shall imply no agreement, contract, sponsorship or endorsement whatsoever by La Zagaleta of the web page featuring the link.
  2. The website featuring the hyperlink shall not contain any information or content of an unlawful or discriminatory nature, contrary to commonly accepted ethical principles or public order, or any content infringing the rights of third parties.
  3. La Zagaleta may require the withdrawal of a link to its website without giving any cause whatsoever. In such case the website featuring the link shall promptly delete it upon receiving a notification to that effect from La Zagaleta.
  4. La Zagaleta assumes no responsibility whatsoever nor warrants the quality, accuracy, reliability, correctness or morality of any content or services offered on the website featuring the hyperlink. Users assume full liability for any consequences, damages or actions resulting from access to the website featuring the hyperlink.
  5. The website featuring the hyperlink shall not feature any brand name, product name, logo, slogan or other distinguishing marks belonging to Zagaleta other than those forming part of the hyperlink itself.

Governing Law and Jurisdiction

Any dispute or discrepancy arising from the interpretation of the terms and conditions of this Legal Disclaimer, as well as any issue relating to the services offered through this Web Portal, shall be settled in accordance with Spanish law.

In the event of any dispute arising from a visit to the Web Portal or the use of the services offered on it, La Zagaleta and the User agree to submit to the Judges and Courts of the User’s place of residence, provided that this is located on Spanish territory and the User is acting in a consumer capacity. Otherwise, the dispute shall be brought before the courts of the City of Málaga, Spain.

Cookies

The La Zagaleta Website and its domains use cookies (small information files that the server sends to the computer of the person accessing the website) to ensure the proper functionality of the Websites and their viewing by the user, as well as the gathering of statistical data. For further information, please refer to our Cookie Policy.

Cookie Policy

The La Zagaleta Website and its domains use cookies (small information files that the server sends to the computer of the person accessing the website) to ensure the proper functionality of the Websites and their viewing by the user, as well as the gathering of statistical data. The following cookies are used:

Cookies Type Duration Ownership Purpose
Google Analytics:
• _ga
• _gat
• _gld
• Other possible cookies downloaded by Google’s visit monitoring service.
 Analytics  Permanent/Temporary  Third-party Generate a unique user identifier, used to keep track of the number of times a user visits the website, as well as the date of the first and last time they visited the website. Log the time and date of access to any of the pages of the Website. Check the need for keeping a user session open or create a new one. Identify the user session to determine the approximate geographical location of the computer accessing the Website for statistical purposes.
YouTube:
• CONSENT
•VISITOR_INFO1_LIVE
• PREF
• YSC
Social Temporary Third-party Cookies for integrating the YouTube service into the web portal.
Twitter:
• guest_id
Social Temporary Third-party Cookie used by the tweet display widget.
PHPSESSID Social Temporary Third-party Store a unique session identifier to ensure the proper functionality of the web portal.

Use of  Google Analytics on websites: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage?hl=es
Google Analytics privacy policy: https://www.google.com/policies/privacy/
Google cookie policy: http://www.google.com/policies/technologies/types/
Twitter  privacy policy: https://twitter.com/privacy

Third-Party Services

Additionally, La Zagaleta is featured in third-party web portals and services. If you wish to review the terms and conditions regarding privacy and cookie use by said third parties, please refer to their respective policies:

Acceptance of Cookie Policy

La Zagaleta displays information on its Cookie Policy at the bottom of each page of the website every time you log in to ensure you are aware of it.
When such information is displayed, you have the following options:

  • Accept cookies. The banner will not be displayed again on any of the pages of the portal during the current session.
  • Change current settings. You can find out more about what cookies are, review INCIBE’s Cookie Policy, and change your browser settings to restrict or block INCIBE cookies at any time. Restricting or blocking cookies could impair the functionality of the website.
  • Continue browsing or scrolling down: in which case we shall consider that you accept their use.

How to Change the Cookie Settings

You may restrict, block or delete the INCIBE cookies or those of any other website through your browser settings. The way to do so is different for each browser. The “Help” function will show you how to do it.

You can also manage the cookies stored in your browser using tools such as:

 

We use our own and third-party cookies to offer you a better browsing experience and personalized attention. If you continue browsing, we will understand that you accept the use of cookies on our site. If you want more information or modify the use of cookies, please read our cookies policy.

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