Legal notice and conditions of use
LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE
I. GENERAL INFORMATION
In compliance with the duty of information provided in Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information data of this website is provided below :
Ownership of this website, restauranteflor.es, (hereinafter, Website) is held by:
Restaurant La Flor whose contact details are:
Telephone contact: (+34) 612 428 414
Contact email: firstname.lastname@example.org
II. GENERAL TERMS AND CONDITIONS OF USE
The object of the conditions: The Website
The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate the access and use of the Website. For the purposes of these Conditions, the Website will be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those services or online resources that, where appropriate, are offered to Users (hereinafter, Services).
Restaurante La Flor reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Content and Services that may be included in it. The User acknowledges and accepts that at any time Restaurant La Flor may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.
Access to the Website by the User is free and, as a general rule, is free without the User having to provide a consideration to be able to enjoy it, except in relation to the cost of connection through the telecommunications network provided. by the access provider contracted by the User.
The use of any of the Contents or Services of the Website may be done through the subscription or prior registration of the User.
The access, navigation and use of the Website, as well as the spaces enabled to interact between the Users, and the User and Restaurante La Flor, such as comments and/or blogging spaces, confers the condition of User, for which All the Conditions established here, as well as their subsequent modifications, are accepted from the moment you start browsing the Website, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. Given the relevance of the foregoing, the User is recommended to read them each time they visit the Website.
The La Flor Restaurant Website provides a wide variety of information, services and data. The User assumes his responsibility to make correct use of the Website. This responsibility will extend to:
- A use of the information, Content and/or Services and data offered by Restaurante La Flor without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may cause injury to the rights of third parties or the operation of the Website.
- The veracity and legality of the information provided by the User in the forms issued by Restaurante La Flor for access to certain Content or Services offered by the Website. In any case, the User will immediately notify Restaurante La Flor about any fact that allows the improper use of the information registered in said forms, such as, but not only, theft, loss, or unauthorized access to identifiers. and/or passwords, in order to proceed to its immediate cancellation.
Restaurante La Flor reserves the right to withdraw all those comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that attempt against youth or childhood, the order or public safety or that, in his opinion, are not suitable for publication.
In any case, La Flor Restaurant will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.
The mere access to this Website does not imply the establishment of any kind of commercial relationship between La Flor Restaurant and the User.
The User declares to be of legal age and have sufficient legal capacity to be bound by these Conditions. Therefore, this La Flor Restaurant Website is not directed at minors. Restaurante La Flor declines any responsibility for failure to comply with this requirement.
The Website is mainly aimed at Users residing in Spain. Restaurante La Flor does not ensure that the Website complies with the laws of other countries, either totally or partially. If the User resides or is domiciled in another place and decides to access and/or browse the Website, they will do so at their own risk, they must ensure that such access and browsing complies with the local legislation that is applicable to them, not assuming Restaurant La Flor any liability that may arise from such access.
III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
Restaurante La Flor does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. Restaurante La Flor will do everything possible for the proper functioning of the Website, however, it is not responsible or guarantees that access to this Website will not be uninterrupted or that it will be error-free.
Nor is it responsible or guarantees that the content or software that can be accessed through this Website is error-free or causes damage to the User’s computer system (software and hardware). In no case will Restaurant La Flor be responsible for losses, damages or harm of any kind arising from access, browsing and use of the Website, including, but not limited to, those caused to computer systems or those caused by the virus introduction.
Restaurante La Flor is not responsible for any damages that may be caused to users due to improper use of this Website. In particular, it is not responsible in any way for drops, interruptions, lack or defect of telecommunications that may occur.
Respecting the provisions of current legislation, La Flor Restaurant undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.
- Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD).
- Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD).
- Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
- Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).
Identity of the person responsible for the processing of personal data
The person responsible for processing the personal data collected at La Flor Restaurant is: La Flor Restaurant (hereinafter, also Data Controller). Their contact details are as follows:
Registration of Personal Data
The personal data collected by Restaurante La Flor, through the forms spread out on its pages, will be entered into an automated file under the responsibility of the Data Controller, and duly declared and registered in the General Registry of the Data Protection Agency that can be consult the website of the Spanish Agency for Data Protection (http://www.agpd.es), in order to be able to facilitate, expedite and fulfill the commitments established between La Flor Restaurant and the User or the maintenance of the relationship that is established in the forms that he fills out, or to attend to a request or query of the same.
Principles applicable to the processing of personal data
The processing of the User’s personal data will be subject to the following principles set out in article 5 of the RGPD:
- Principle of legality, loyalty and transparency: the User’s consent will be required at all times prior to completely transparent information on the purposes for which the personal data is collected.
- Purpose limitation principle: personal data will be collected for specific, explicit and legitimate purposes.
- Principle of data minimization: the personal data collected will only be strictly necessary in relation to the purposes for which they are processed.
- Accuracy principle: personal data must be exact and always updated.
- Principle of limitation of the term of conservation: the personal data will only be maintained in a way that allows the identification of the User for the time necessary for the purposes of its treatment.
- Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
- Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are met.
Categories of personal data
The categories of data that are processed in La Flor Restaurant are only identifying data. In no case are special categories of personal data processed within the meaning of Article 9 of the GDPR.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. Restaurante La Flor undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.
The User shall have the right to withdraw their consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.
On occasions in which the User must or can provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, they will be informed if the completion of any of them is mandatory. because they are essential for the proper development of the operation performed.
Purposes of the treatment to which the personal data is destined
Personal data is collected and managed by La Flor Restaurant in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills out or to attend a request or inquiry.
Likewise, the data may be used for a commercial personalization, operational and statistical purpose, and activities of the corporate purpose of La Flor Restaurant, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as improve the quality, operation and navigation of the Website.
At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the treatment to which the personal data will be used; that is, the use or uses that will be given to the information collected.
Personal data retention periods
Personal data will only be retained for the minimum time necessary for the purposes of its treatment and, in any case, only for the following period: 1 year or until the User requests its deletion.
At the time the personal data is obtained, the User will be informed about the period during which the personal data will be kept or, when this is not possible, the criteria used to determine this period.
Recipients of personal data
The User’s personal data will not be shared with third parties.
In any case, at the time the personal data is obtained, the User will be informed about the recipients or categories of recipients of the personal data.
Personal data of minors
Respecting the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may grant their consent for the processing of their personal data in a lawful manner by La Flor Restaurant. If it is a minor under 14 years of age, the consent of the parents or guardians will be necessary for the treatment, and this will only be considered lawful to the extent that they have authorized it.
Secrecy and security of personal data
Restaurante La Flor undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in such a way as to guarantee the security of personal data and avoid accidental destruction, loss or alteration. or illicit of personal data transmitted, conserved or treated in another way, or the unauthorized communication or access to said data.
The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, is fully encrypted or encrypted. .
However, because La Flor Restaurant cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a breach occurs. violation of the security of personal data that is likely to entail a high risk for the rights and freedoms of natural persons. Following the provisions of article 4 of the RGPD, a breach of the security of personal data is understood to be any breach of security that causes the accidental or unlawful destruction, loss or alteration of personal data transmitted, conserved or otherwise processed, or unauthorized communication or access to said data.
Personal data will be treated as confidential by the Data Controller, who undertakes to report and guarantee through a legal or contractual obligation that said confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible. information.
Rights derived from the processing of personal data
The User has about La Flor Restaurant and may, therefore, exercise the following rights recognized in the RGPD against the Data Controller:
- Right of access: It is the right of the User to obtain confirmation of whether or not they are treating their personal data and, if so, obtain information about their specific personal data and the treatment that they have carried out or carry out, as well as, among other , of the information available on the origin of said data and the recipients of the communications made or planned for them.
- Right of rectification: It is the right of the User to modify their personal data that turns out to be inaccurate or, taking into account the purposes of the treatment, incomplete.
- Right of deletion (“the right to be forgotten”): It is the right of the User, provided that the current legislation does not establish otherwise, to obtain the deletion of their personal data when they are no longer necessary for the purposes for which they were collected. or treated; the User has withdrawn his consent to the treatment and this does not have another legal basis; the User opposes the treatment and there is no other legitimate reason to continue with it; the personal data has been unlawfully processed; the personal data must be deleted in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its application, must take reasonable measures to inform those responsible for processing the personal data of the interested party’s request to delete any link to those personal data.
- Right to limitation of treatment: It is the User’s right to limit the treatment of their personal data. The User has the right to obtain the limitation of the treatment when he contests the accuracy of his personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has opposed the treatment.
- Right to data portability: In the event that the treatment is carried out by automated means, the User will have the right to receive their personal data from the Data Controller in a structured format, of common use and mechanical reading, and to transmit them to another person in charge. of the treatment. Whenever technically possible, the Data Controller will transmit the data directly to that other controller.
- Right of opposition: It is the right of the User not to carry out the processing of their personal data or to cease the processing of the same by Restaurante La Flor.
- Right not to be the subject of a decision based solely on automated processing, including profiling: It is the User’s right not to be the subject of an individualized decision based solely on the automated processing of their personal data, including profiling. , existing unless current legislation establishes otherwise.
Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference “RGPD-restaurantelaflor.es”, specifying:
- Name, surnames of the User and copy of the DNI. In cases where representation is admitted, identification by the same means of the person representing the User will also be necessary, as well as the document accrediting the representation. The photocopy of the DNI may be replaced by any other legally valid means that proves identity.
- Request with the specific reasons for the request or information to which you want to access.
- Address for notification purposes.
- Date and signature of the applicant.
- Any document that accredits the request made.
This application and any other attached document may be sent to the following address and/or email:
Claims before the control authority
In the event that the User considers that there is a problem or infringement of current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a claim with a control authority, in particular, in the State in which you have your habitual residence, place of work or place of the alleged infringement. In the case of Spain, the control authority is the Spanish Data Protection Agency (http://www.agpd.es).
V. COOKIES POLICY
Cookies are automatic procedures for collecting information regarding the preferences determined by the User during his visit to the Website in order to recognize him as a User, and personalize his experience and use of the Website, and can also, for example, help to identify and resolve errors.
The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website and the sites visited just before and after it. However, no cookie allows it to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to be part of the Cookie file is for the User to personally give that information to the server.
Third party cookies
They are cookies used and managed by external entities that provide La Flor Restaurant with services requested by it to improve the Website and the user experience when browsing the Website. The main objectives for which third-party cookies are used are to obtain access statistics and analyze browsing information, that is, how the User interacts with the Website.
The information obtained refers, for example, to the number of pages visited, the language, the place to which the IP address from which the User accesses, the number of Users who access, the frequency and recurrence of visits, the time of visit, the browser they use, the operator or type of device from which the visit is made. This information is used to improve the Website, and detect new needs to offer Users Content and/or service of the highest quality. In any case, the information is collected anonymously and Web Site trend reports are prepared without identifying individual users.
You can obtain more information about cookies, information about privacy, or consult the description of the type of cookies used, their main characteristics, expiration period, etc. at the following link(s):
The entity(ies) in charge of supplying cookies may transfer this information to third parties, as long as it is required by law or a third party processes this information for said entities.
Social network cookies
Restaurante La Flor incorporates social network plugins, which allow access to them from the Website. For this reason, social network cookies may be stored in the User’s browser. The owners of these social networks have their own data protection and cookie policies, being themselves, in each case, responsible for their own files and their own privacy practices. The User must refer to them to find out about said cookies and, where appropriate, the processing of their personal data. For information purposes only, the links in which these privacy and/or cookie policies can be consulted are indicated below:
Disable, reject and delete cookies
Changes in the Cookies Policy
VI. LINKS POLICY
The User or third party who makes a hyperlink from a web page of another, different, website to the Website of La Flor Restaurant must know that:
The reproduction —totally or partially— of any of the Contents and/or Services of the Website is not permitted without the express authorization of La Flor Restaurant.
Neither is any false, inaccurate or incorrect statement about the Website of Restaurant La Flor, or its Contents and/or Services, permitted.
With the exception of the hyperlink, the website on which said hyperlink is established will not contain any element of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorized by La Flor Restaurant.
The establishment of the hyperlink will not imply the existence of relations between La Flor Restaurant and the owner of the website from which it is made, nor the knowledge and acceptance of La Flor Restaurant of the contents, services and/or activities offered on said website, and vice versa.
VII. INTELLECTUAL AND INDUSTRIAL PROPERTY
Restaurante La Flor by itself or as an assignee, is the owner of all the intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will therefore be works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and community regulations in this field, as well as the international treaties related to the matter and signed by Spain.
All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making them available, of all or part of the contents of this website, for commercial purposes, are expressly prohibited. in any support and by any technical means, without the authorization of La Flor Restaurant.
The User undertakes to respect the intellectual and industrial property rights of La Flor Restaurant. You can view the elements of the Website or even print, copy and store them on your computer’s hard drive or on any other physical medium as long as it is exclusively for your personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was installed on the Website.
In the event that the User or third party considers that any of the Contents of the Website supposes a violation of the rights of protection of intellectual property, they must immediately notify La Flor Restaurant through the contact information in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.
VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION
Restaurante La Flor reserves the right to file civil or criminal actions it deems necessary for the improper use of the Website and Content, or for the breach of these Conditions.
The relationship between the User and La Flor Restaurant will be governed by the regulations in force and applicable in Spanish territory. If any controversy arises in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting to the corresponding judges and courts according to law.
Last modification: 19 july 2022