LEGAL NOTICE AND CONDITIONS OF USE FOR THE WEBSITE beonitdesign.com

I. GENERAL INFORMATION

In compliance with the provisions of Law 34/2002, of 11 July, on Information Society Services and E-Commerce (LSSI-CE), we hereby notify you of the general information regarding this website:

This website, beonitdesign.com, (hereinafter the Website) is owned by: BEONIT Design SL, with Tax ID number (NIF): B16975872 and registered with: Málaga Commercial Registry, with the following registry data: Volume 6080, folio 99, sheet 163364, represented by: Salvador González Ruiz, with contact details:

Address:
Carretera Nacional 340 (km 175 Rio Verde. Puerto Banús)
29600 Marbella
Málaga
Phone number: 951961616
Email address: sgonzalez@beonitdesign.com

II. GENERAL TERMS AND CONDITIONS OF USE


The purpose of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter the Conditions) is to govern access to and use of the Website. For the purposes of these Conditions, Website will mean: the external appearance of the screen interfaces, both static and dynamic, meaning the navigation tree, and all the elements integrated into the screen interfaces and navigation tree (hereinafter the Content) and any online services or resources made available to Users (hereinafter the Services).

BEONIT reserves the right to modify the presentation and settings of the Website and its Contents and Services, at any time. The User recognises and accepts that BEONIT may discontinue, deactivate and/or cancel any of these elements on the Website or access to them, at any time.

Users may access the Website freely and, in general, at no charge; the User does not have to provide compensation for using it, except the charges associated with their network connection, as supplied by the service provider chosen by the User.

Some of the Contents or Services of this Website may require the User to register or sign up.

The User

Access, browsing and use of the Website, as well as the spaces provided to interact among Users, and between the User and BEONIT, such as comments and/or blogging spaces, makes an individual a User, thereby accepting, from the time they begin browsing the Website, all the Conditions established herein, as well as any later changes, without prejudice to the corresponding obligatory legal framework that applies. Given the above, Users should read them carefully every time they visit the Website.

The BEONIT Website provides a wide variety of information, services and data. The User assumes responsibility for making proper use of the Website. This responsibility applies to:

  • Use of the information, Content and/or Services and data provided by BEONIT without infringing on current law, morals or public order, or in any other way that could infringe on the rights of third parties or the proper functioning of the Website.
  • The accuracy and lawfulness of the information provided by the User on the forms made available by BEONIT to access certain Content and Services on the Website. In any case, the User must notify BEONIT immediately of any fact that allows for undue use of the information on said forms, including but not limited to theft, loss or unauthorised access to usernames and/or passwords, so they can be cancelled immediately.

BEONIT reserves the right to remove any comments and contributions that infringe on current law, respect for personal dignity, that are discriminatory, xenophobic, racist, pornographic, spam, violate the rights of children or young people, infringe on public safety or order, or that it deems inappropriate.

In any case, BEONIT will not be responsible for the opinions shared by Users in the comments or any other blogging or participation tools.

Mere access to this Website does not imply any sort of commercial relationship between BEONIT and the User.
The User declares they are of legal age and have the legal capacity to be bound by these Conditions. Therefore, the BEONIT Website is not meant for minors. BEONIT will not be held liable for failure to comply with this requirement.

This Website is mainly intended for Users who live in Spain. BEONIT cannot guarantee that the Website meets legal requirements in other countries, in full or part. If the User lives or has their main residence in another country and decides to visit and/or browse the Website, they will be doing so at their own liability and must make sure that said access and browsing is in line with applicable local laws, as BEONIT will not be liable for any issues that may arise.

III. ACCESS TO AND BROWSING THE WEBSITE: LIMITATION OF LIABILITY AND GUARANTEES

BEONIT does not guarantee the continuity, availability or usability of the website, its Content or Services. BEONIT will do everything possible to ensure the Website works properly; however it will not be liable nor can it guarantee access to the Website is ongoing or error-free.

Nor will it be liable or guarantee that the content or software that may be accessed through the Website is error-free or will not damage the User’s computer system (software and hardware). Under no circumstances will BEONIT be liable for any losses or damages of any sort that may arise from accessing, browsing or using the Website, including but not limited to those affecting computer systems or caused by viruses.

Nor will BEONIT be liable for any damage that users may incur as a result of inappropriate use of this Website. Specifically, it will not be responsible in any way for dropped, interrupted, unavailable or defective telecommunications service.

IV. PRIVACY POLICY AND DATA PROTECTION

BEONIT undertakes to implement the necessary technical and organisational measures appropriate to the risk inherent in the data gathered.

Laws in this privacy policy
This privacy policy is adapted to the current Spanish and European legal framework on the protection of personal data online. Specifically, it follows these regulations:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
  • Organic Law 3/2018, of 5 December, on Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
  • Royal Decree 1720/2007, of 21 December, which approves the Regulation implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).
  • Law 34/2002, of 11 July, on Information Society Services and E-Commerce (LSSI-CE).

Identity of the Data Controller
The Data Controller for the personal data gathered by BEONIT is: BEONIT Design SL, with Tax ID number (NIF): B16975872 and registered with: Málaga Commercial Registry, with the following registry data: Volume 6080, folio 99, sheet 163364, represented by: Salvador González Ruiz (hereinafter, also the Data Controller). Contact info:

Address:
Carretera Nacional 340 (km 175 Rio Verde. Banús)
Marbella
29600
Málaga
Phone number: 951961616
Email address: sgonzalez@beonitdesign.com

Register of Personal Data

In compliance with the provisions of the GDPR and LOPD-GDD, we hereby inform you that your personal data gathered by BEONIT through the forms provided on its web pages is put into and processed as part of our databases in order to facilitate, streamline and meet the commitments established between BEONIT and the User, or to maintain the relationship established in the forms filled in, or to handle a request or query. Furthermore, as per the GDPR and LOPD-GDD, except when the exception in GDPR article 30.5 applies, a register of processing activities is kept, showing the processing activities carried out and other circumstances established in the GDPR, depending on the purpose.

Principles that apply to processing of personal data
The processing of the User’s personal data will be subject to the following principles laid out in article 5 of the GDPR:

  • Lawfulness, fairness and transparency: consent from the User will be required at all times after providing completely transparent information on the purposes for which the personal data is being gathered.
  • Purpose limitation: the personal data will be gathered for specific, explicit and legitimate purposes.
  • Data minimisation: the personal data gathered will be limited to what is strictly necessary for the purposes for which it is processed.
  • Accuracy: the personal data must be accurate and up-to-date.
  • Storage limitation: the personal data will be kept in a form that allows data subjects to be identified for no longer than necessary for the purposes of the processing.
  • Integrity and confidentiality: the personal data will be processed in a way that ensures its security and confidentiality.
  • Accountability: the Data Controller will be responsible for demonstrating compliance with the points above.

Categories of personal data
The categories of data BEONIT processes are only for identification. Under no circumstances are special categories of personal data processed, in the sense provided in GDPR article 9.

Legal basis for processing personal data
The legal basis for processing personal data is consent. BEONIT undertakes to get express, verifiable consent from the User to process their personal data for one or more specific purposes.

The User has the right to revoke consent at any time. It will be as easy to revoke consent as to grant it. In general, revoking consent will not affect their use of the Website.

When the User provides or should provide data on a form for queries, requests for information or reasons related to the content of the Website, they will be notified if some of the information is obligatory because it is essential in order to carry out the operation properly.

Purposes of processing to which the personal data is subject
The personal data is gathered and managed by BEONIT in order to facilitate, streamline and meet the commitments established between the Website and the User, or to maintain the relationship established in the forms filled in, or to handle a request or query.

Likewise, the data may be used for commercial purposes for personalisation, operations and statistics, and for activities that fall under the business purpose of BEONIT, as well as to extract and store data and for marketing studies in order to adapt the Content provided to the User, and to improve Website quality, operations and browsing experience.

When the personal data is obtained, the User will be notified of the purpose or purposes of the processing to which their data will be subjected; meaning, the use or uses of the information gathered.

Storage of personal data
The personal data collected will only be kept for as long as necessary for the purposes of processing and, in any case, no longer than: 5 years, or until the User requests it be deleted.
When the personal data is obtained, the User will be notified of how long their personal data will be stored or, when that is not possible, the criteria used to determine that period.

Recipients of personal data
The User’s personal data will not be shared with third parties.
In any case, when the personal data is obtained, the User will be notified of any recipients or categories of recipients of their personal data.

Personal data of minors
As per GDPR article 8 and RDLOPD article 13, only individuals over the age of 14 may consent to the lawful processing of their personal data by BEONIT. Minors under 14 years old must have consent from their parents or guardians for the processing, and it will only be considered lawful to the extent they have authorised.

Secrecy and security of personal data
BEONIT undertakes to adopt any technical and organisational measures necessary, based on the security level suited to the risk of the personal data, to prevent the destruction, loss or accidental or unlawful alteration of the personal data gathered, stored or otherwise processed, or unauthorised disclosure or access to said data.

The Website has an SSL certificate (Secure Socket Layer) that guarantees personal data is transferred securely and confidentially, as the transfer of data between the server and User, and vice versa, is completely encoded or encrypted.

However, as BEONIT cannot guarantee the invulnerability of the Internet nor the total lack of hackers or others accessing personal data deceitfully, the Data Controller undertakes to notify the User without undue delay of any personal data breach that could entail a high risk to the rights and freedoms of natural persons. As per the provisions of GDPR article 4, a personal data breach is any security breach that could lead to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.

The personal data processed will be handled confidentially by the Data Controller, who undertakes to notify and oblige legally or contractually its employees, associates and anyone who has access to the information to uphold said confidentiality.

Rights associated with personal data processing
The User has the following rights and may therefore exercise them with the Data Controller, as recognised in the GDPR:

  • Right to access: The data subject has the right to obtain from BEONIT confirmation as to whether or not their personal data is being processed, information on which specific personal data and how BEONIT has processed it, and information available on the origin of the data and the recipients of any communications made or expected.
  • Right to rectification: The User has the right to modify their personal data when it is inaccurate or, taking into account the processing purposes, incomplete.
  • Right to erasure (‘right to be forgotten’): The User has the right, unless current law establishes otherwise, to obtain from the controller the erasure of their personal data when no longer necessary for the purposes for which it was collected or otherwise processed; the User has revoked consent to processing and there are no overriding legitimate grounds for continuing processing; the personal data has been processed unlawfully; the personal data has to be erased for compliance with a legal obligation; or the personal data was collected in relation to the offer of information society services to an individual under 14 years of age. In addition to erasing the data, the Data Controller, taking into account the technology available and cost of applying it, must adopt reasonable measures to inform controllers that are processing the personal data that the data subject has requested the erasure by such controllers of any links to said personal data.
  • Right to restriction of processing: The User has the right to restrict processing of their personal data: The User has the right to obtain from the controller restriction of processing when the accuracy of the personal data is contested by the subject; the processing is unlawful; the controller no longer needs the personal data for the purposes of the processing, but the User requires them to lodge a claim; and when the user has objected to processing.
  • Right to data portability: If the processing is done by automated means, the User has the right to receive their personal data from the Data Controller in a structured, commonly used and machine-readable format and to transfer that data to another controller. Whenever technically possible, the Data Controller will transfer the data directly to the controller requested.
  • Right to object: The User has the right to object to BEONIT processing their personal data.
  • Automated individual decision-making, including profiling: The User has the right to not be subject to a decision based solely on automated processing of their personal data, including profiling, except where current law establishes otherwise.

The User may exercise their rights by writing to the Data Controller with the subject line “RGPD-beonitdesign.com”, providing:

  • User’s name, surname and copy of photo ID. When representation is allowed, the same identification will be required for the person representing the User, and a document verifying representation. Any valid form of ID proving identity may be used.
  • Request including the specific motivation for the request and information to be accessed.
  • Address for notifications.
  • Date and data subject’s signature.
  • Any documents supporting the request.

This request and any attached documents can be sent to the following post or email addresses:

Post address:
Carretera Nacional 340 (km 175 Rio Verde. Puerto Banús)
Marbella
29600
Málaga
Email address: sgonzalez@beonitdesign.com

Links to third-party sites

The Website may include hyperlinks or links allowing the User to visit sites other than the BEONIT Website, which are not operated by BEONIT. The owners of said sites have their own data protection policies and they are, in each case, responsible for their own files and privacy practices.

Lodging claims with supervisory authority
If the User believes there is an issue or infringement on current regulations in the way their personal data is being processed, they have the right to effective judicial protection and to lodge a claim with the supervisory authority, specifically, in the Member State where they have their legal residence, place of work or location of the supposed infraction. For Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes to this privacy policy
The User must read and accept the conditions on the processing of personal data in this Privacy Policy, and consent to the processing of their personal data in order for the Data Controller to proceed to do so in the manner, for the periods and purposes indicated. Use of the Website will imply acceptance of its Privacy Policy.

BEONIT reserves the right to modify its Privacy Policy at its own discretion or due to changes in current law, legal judgements or doctrine of the Spanish Data Protection Agency. The User will not be notified explicitly of any changes or updates to this Privacy Policy. The User should check this page periodically to stay abreast of the latest changes and updates.

This Privacy Policy was updated on 30 May 2022 to adapt it to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on Protection of Personal Data and Guarantee of Digital Rights (LOPD)

V. COOKIES POLICY

Access to this Website implies the use of cookies. Cookies are tiny bits of information stored on the browser of each User —on any of the devices they may use to access the Website— so the server can remember certain information that can later only be accessed by the server that stored it. Cookies make browsing easier, more pleasant and don’t damage the device used for browsing.

The information gathered using cookies may include the date and time the User visited the Website, the pages viewed, time spent on the Website and the sites visited immediately before and after. However, no cookies allow the server access to the User’s phone number or any other personal contact details. No cookies can extract information from the User’s hard drive or steal personal information. The only way the User’s private information is stored in a cookies file is if the User provides that information personally to the server.

Cookies that can identify a person are considered personal data. Therefore, the Privacy Policy above applies to them. In this regard, User consent is required for these cookies. This consent will be granted based on a genuine choice to accept or reject cookies, before initial processing, which is documented and can be revoked.

First-party cookies
These cookies are sent to the User’s computer or device and managed exclusively by BEONIT to improve the functioning of its Website. The information they collect is used to improve the quality of the Website and its Content, and the User’s experience on the Website. These cookies allow the Website to recognise the User as a repeat visitor to the Website and adapt the content to offer content that suits their preferences.

Third-party cookies
These cookies are used and managed by external entities that provide BEONIT with services requested by BEONIT to improve the Website and the User’s experience browsing the Website. The main goals of third-party cookies are to get statistics on visits and analyse browsing information, meaning how the User interacts with the Website.

The information obtained refers to the number of pages visited, language, location of the IP address from which the User accessed the Website, frequency and repetition of the visits, the browser used, operator or type of device used. This information is used to improve the Website and detect new needs to offer Users optimal Content and/or services. In any case, more information on cookies, privacy information and a description of the types of cookies used, their main traits, expiration period, etc. is available on the following links:

https://analytics.google.com/

https://www.zendesk.es

The entities that supply the cookies may transfer this information to third parties when required by law or when a third party processes said information for them.

Social media cookies
BEONIT uses social media plugins that redirect the User to those networks from the Website. So, social media cookies may be stored on the User’s browser. The owners of said social media networks have their own data protection and cookies policies and they are, in each case, responsible for their own files and privacy practices. The User may refer to them for information on those cookies and, if applicable, the processing of their personal data. For reference only, below are links to said privacy and/or cookies policies:

Facebook: https://www.facebook.com/policies/cookies/

Twitter: https://twitter.com/es/privacy

Instagram: https://help.instagram.com/1896641480634370?ref=ig

Youtube: https://policies.google.com/privacy?hl=es-419&gl=mx

Google+: https://policies.google.com/technologies/cookies?hl=es

Pinterest: https://policy.pinterest.com/es/privacy-policy

LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies

Blocking, rejecting and deleting cookies

The User may block, reject and delete cookies, in full or part, from their device using their browser’s settings (for example, Chrome, Firefox, Safari, Explorer). The process for rejecting and deleting cookies may differ between browsers. As a result, the User should follow the instructions provided by the browser they use. If the User rejects cookies, in full or part, they can continue to use the Website, although access to some of its features may be limited.

Changes to the Cookies Policy
The Cookies Policy for this Website may be changed or updated, so the User should check this policy each time they visit the Website in order to be properly informed of how and why we use cookies.

 

VI. LINKS POLICY

The BEONIT Website provides or may provide Users with connections (links, banners, buttons), directories and search engines that allow Users to visit websites owned and/or managed by third parties.

These connections, directories and search engines are provided on the Website to facilitate Users’ searching and access to the information online and in no way constitute a recommendation or invitation to visit these sites.

BEONIT does not offer or market, itself or through third parties, the products and/or services available on the linked sites.
Furthermore, BENOIT cannot guarantee the technical availability, accuracy, truthfulness, validity or lawfulness of any third-party sites reached using these links.

BEONIT does not review or control the content of these sites, and does not approve, examine or take responsibility for the products and services, content, files or any other material on said linked sites.

BEONIT will not be liable for any damages that may arise from the access, use, quality or lawfulness of the content, communications, opinions, products and services of websites not managed by BEONIT that are linked to this Website.

Any User or third party that links to the BEONIT Website from another, different website must know that:

The Content and/or Services of the Website may not be reproduced in full or part without express authorisation from BEONIT.

No false, inaccurate or misleading manifestations may be made about the BEONIT Website or its Content and/or Services.

Except for the link, the website from which the link is established may not contain any element of this Website, which is protected as intellectual property under the Spanish legal framework, except with express authorisation from BEONIT.

A link does not imply any relationship between BEONIT and the owner of the website, nor the knowledge or acceptance of BEONIT of the content, services and/or activities available on said website, and vice versa.

 

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

BEONIT itself or as the transferee holds the intellectual and industrial property rights to this Website and the elements it contains (including but not limited to images, sounds, audio, video, software, texts, brands or logos, colour combinations, structure and design, selection of materials used, computer programs required to make it work, for users to gain access and use it, etc.). They are therefore protected as intellectual property under the Spanish legal framework, with both Spanish and EU regulations in this field applying, as well as any international treaties on the subject that Spain is a signatory to.

All rights reserved. Pursuant to the provisions of the Law on Intellectual Property, any reproduction, distribution or public communication, including merely making available, of the contents of this website, in full or part, for commercial purposes, in any format and by any technical means, is expressly prohibited without authorisation from BEONIT.
If the User or a third party believes that any of the Content of the Website infringes on their intellectual property rights, they should notify BEONIT immediately using the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

 

VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

BEONIT reserves the right to take any civil or criminal action it deems necessary in the case of undue use of the Website and its Content, or breach of these Conditions.
The relationship between BEONIT and the User will be governed by current regulations as applicable in Spanish territory. The parties agree that any disputes that may arise in the interpretation and/or application of these Conditions will be settled under the ordinary jurisdiction by the judges and courts designated by law.

Latest modification: 30 May 2022