The present legal notice regulates the utilization of the website WWW.BREATHE.LIFE whose holder is BREATHE SL, (from this point on, the owner of the website).
In accordance with the law 34/2002, of 11 July, on information society and e-commerce services, the following general information on this website is provided by the owner of it:
Corporate name: BREATHE SL
Brand name: BREATHE SL
VAT number: B93503837
Registered office: CALLE LOS LIRIOS Nº S/N NUEVA ANDALUCIA, MARBELLA, 29660(MALAGA)
In order to communicate with us, there are different communication tools at your disposal:
Telephone number: 952 036 494
All notifications and communications made between users and the owner of the website will be considered effective, for all intends and purposes, when they are sent to the mail or any other communication tool of those detailed above.
3) USE OF THE WEBSITE
This website and its services are freely accessible, nevertheless, the use of some of the services may be conditioned to a previous questionnarie completion in order to become a user of the website.
The user guarantees the authenticity and relevance of all the data provided to the owner of the website and shall bear sole responsibility for any false or inaccurate statements he/she makes.
The user undertakes to use of the contents and services of this website in a proper and legal manner and not to use them for:
- a.Disseminate ilegal, violent, pornographic, racists, xenophobes, offensives, defence of terrorism or, in general, contents opposite to the law law and public order.
- b.Introducing onto the network computer viruses or carrying out actions that are liable to change, spoil, interrupt or generate errors or damage in electronic documents, data or physical and logical systems of the owner of the web or any third parties or block other user’s access to the website and its services by means of the massive consumption of the computer resources by means of which the owner of the web provides its services.
- c.Attempting to gain access to the e-mail accounts of other users or to restricted areas of the computer systems of the owner of the web or that of third parties and, if applicable, extract information
- d.Infringing intellectual or industrial property rights or violate the confidentiality of the information of the owner of the web or that of third parties.
- e.Making use of other users’ identity as well as any public administrations or third party’s identities.
- f.Reproducing, copying, distributing, permitting access from the public by any means of public communication, transforming or modifying the published contents, unless prior authorization has been obtained from the titular owner of the corresponding rights or it is legally permitted.
- g.Compile data for advertising purposes and emailing, sending or otherwise transmitting any contents for any commercial or business purpose, without prior request or consent.
The owner of the website wants to announce to the users and clients of the site, their policy for the treatment and protection of the personal data of all users who use the contact forms to contact with the owner of the web, as well as the access to the site, that imply the communication of their personal data to the owner of the website.
A.- Identification of the data controller
The owner of the website, whose vat number is 75143620K, informs the users and clients of their website about the existence of an automated personal data file known as Clients, where personal data of users and clients is collected and stored.
B.- Policy update process
In this way, the owner of the website recommends their users the regulary reading of these policies so that the users will be updated with any changes made to this document.
C.- Register of activities purpose
The OWNER OF THE WEB does not request any data to their users, excepting identification data. Therefore, the communication of the user’s personal data to the owner of the web by its website, will take place when both of them, voluntarily, use the contact form service or other means of communication to contact with the owner of the web. In those cases, the processing of data is inevitable and implicit to the communication system. For these cases and those described in the following paragraph, the entity informs the customer that the data processing is performed for the following purposes: To carry out all the procedures involving the budget elaboration, recruitment and provision of services of the owner of the web to that Company to which it belong or any other interested person who requests them. To answer the received communications and those of commercial research in order to inform users about eventual promotions.
When the users do not maintain commercial relations with the owner of the web, and send an email or communication to the owner of the web, in which other personal data are shown, the users will freely consent the processing of their personal data by the owner of the web for the purposes previously established, as well as attending their communication or sending documentation.
In the same way, the owner of the web informs that, if the users send an email or communicate their personal data to the owner of the web, according to his/her position in the Company (administrator, manager, representative or main contact person), such communication will imply the users’ freely consent of the processing of their personal data by the owner of the web for the purposes previously established.
E.- Identification of target audiences to which the owner of the web carry out cessions or access of personal data on behalf of third parties.
The OWNER OF THE WEB only plans to carry out cessions or personal data communications, by the Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016 and the Organic Law 3/2018 of December 5 Protection of Personal Data and guarantee of digital rights (RGPD) must perform to attend to its obligations with the Public Administrations, Organizations or persons directly related to the OWNER OF THE WEB, in the cases that are required in accordance with the Legislation in force in each subject and in every moment or in the cases in which it has been expressly consented.
In the same way, the OWNER OF THE WEB informs the user that any transfer of personal data will be notify when required under the RGPD. Users will be expressly, precisely and unequivocally informed of the recipients of the information, the purpose for which the relevant data shall be used, and the nature of the data, or where appropriate, when the RGPD establishes it, the user will be previously requested the specific unequivocal consent.
Nevertheless, the OWNER OF THE WEB informs the user and the client that any processing of personal data, subject to the current laws in Spain in terms of data protection, established by the RGPD and its complementary regulations and development. Accordingly, the OWNER OF THE WEB will only be responsible and guarantee the confidentiality and security for the personal data the user facilitates through this website.
F.- Quality of data
The owner of the web advises the user that, unless in cases of legally constituted representation, no user can use the identity of another person and communicate their personal data. The user must take into account that only personal data of own identity that is adequate, relevant, timely, accurate and true may be included. The user will be the only responsible of damages, direct or indirect, that could be caused to third parties or to the owner of the web for the use of personal data of another person, or when their own personal data are false, erroneous, not current, inadequate or irrelevant. Likewise, the user who uses the personal data of a third party, will answer before him/her of the obligation of information established in the RGPD by the time the personal data has not been obtained from the interested party, and / or of the consequences of failing to inform him/her.
G.- Exercise of the rights of Access, Rectification, Limitation of data processing, Portability, Cancellation, Opposition of data processing and Deletion of data.
The OWNER OF THE WEB informs to the user about the possibility of exercising their rights of access, rectification, limitation of data processing, portability, opposition of data processing and deletion of data, as well as the right to lodge an appeal to the supervisory Authority by writing to the OWNER OF THE WEB in the following Address: CALLE LOS LIRIOS Nº S/N NUEVA ANDALUCIA, MARBELLA, 29660(MALAGA) or by email addressed to RESERVATIONS@BREATHE.LIFE, enclosing in both cases his/her ID or identity card.
H.- Use of forms for personal data collection
I.- Security measures adopted related to the processing of personal data
The OWNER OF THE WEB informs the user that, in accordance with the provisions of The RGPD, has adopted the necessary technical and organizational measures to guarantee the security of personal data and avoid 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. In the same way, the OWNER OF THE WEB guarantees to comply with the obligation of professional secrecy with respect to user personal data and the obligation of maintaining the said data safe.
5) INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
In accordance with current legislation on the subject of intellectual property, reproduction, distribution and public communication are expressly prohibited, including its method of making available, of all or part of the contents, such as texts, photographs, graphics, images, icons, technology, software, as well as their graphic design and source codes, of this web page, for commercial purposes, in any support and by any technical means, without the authorization of the OWNER OF THE WEB.
All the contents included in this website constitute a work whose property belongs to the OWNER OF THE WEB, without being transferred to users any rights to exploit them beyond what is strictly necessary for the proper use of the Web.
In short, those users that access this website can visualize the contents and make, if appropriate, authorized private copies as long as those elements will not be transferred afterwards to a third party or installed in servers connected to networks, or are subject to any kind of commercial exploitation.
All brands, commercial names or distinctive marks of any sort employed in this website are the property of the owner of the web. Access to this website can in no way be understood as conferring any rights to the user on the above-mentioned brands, commercial names and/or distinctive marks.
The establishment of a hyperlink does not imply, in any way, the existence of commercial relations between the owner of the web and the owner of the website in which the link is established, nor the acceptance and approval by the owner of the web of its contents or services. Those persons who intend to establish a hyperlink shall request and obtain from the owner of the web, the pertinent authorization in writing.
In any case, the hyperlink will only allow access to the homepage of our website, and agree not to make false, inaccurate or incorrect statements about the owner of the web, or include illegal content, contrary to good customs and public order. The OWNER OF THE WEB is not responsible of the use that each user gives the materials made available in this website or the activities carried out based on them.
6) EXCLUSION OF GUARANTEES AND RESPONSIBILITY
The contents of this web site is of a general nature and its aim is merely to provide information, and no guarantee is given for access to all contents, nor of their thoroughness, correctness, validity or accuracy, nor of their suitability or utility for a specific purpose.
The OWNER OF THE WEB shall not be liable, to the extent allowed by the legal system, for any kind of damages and prejudices arising from:
a. The impossibility of accessing the website or the lack of veracity, accuracy, completeness and /or currency of the contents, as well as the existence of vices and defects of all types of content transmitted, distributed, stored, made available accessed through the website or the services offered.
b. the presence of virus or others elements included on the contents, which can produce alterations in the files stored in your computer system, electronic documents or the data of users.
c. Failure to comply with the laws, good faith, public order, uses of traffic and the present legal notice as a consequence of the incorrect use of the website. In particular, as an example, the OWNER OF THE WEB shall not be 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 unfair competition and illegal advertising.
7) MODIFICATION OF THE PRESENT CONDITIONS AND DURATION
The OWNER OF THE WEB may at any time modify the conditions specified here, being duly published as they appear here. The validity of these conditions will be in effect during the time they are displayed and will be valid until they are modified by other duly published conditions
The owner of the web accepts no liability for any information that can be found outside this website and that is not directly managed by our webmaster. The exclusive function of the links that appear in this web site is to inform the user about the existence of other sources that may amplify the contents offered on this web site. The owner of the web does not guarantee or accept responsibility for the operation or accessibility of linked websites, nor does it suggest, invite or recommend visiting them and will not, therefore, be responsible for results obtained by visiting these sites. The owner of the web is not responsible for the creation of hyperlinks by third parties.
9) RIGHT OF EXCLUSION
The owner of the web reserves the right to deny or withdraw access to its websites and/or services offered with no forewarning, on its own initiative or at that of a third party, to users who fail to meet the current General Conditions of Use.
Should any user or third party consider that events or circumstances exist which reveal the illicit nature of the utilisation of any content and/or services, or engagement in any illicit activity in the pages included on the Web Site, he or she may contact the owner of the web, identifying himself or herself, specifying the alleged infringements and expressly assuming that the information provided in the notification is accurate.
Administrative information provided through this website shall not replace the legal announcement of laws, regulations, plans, general provisions or any other activity that may need to be formally published in the official bulletins of the Public Administrations or any other official gazette, which are the only instrument that can guarantee their authenticity and contents. Information available on this website should be understood as a guide.
12) APPLICABLE LAW AND JURISDICTION
These General Conditions will be governed and constructed according to Spanish Law, unless expressly established otherwise. The provider and the user may submit any dispute that may arise from the provision of goods or services covered by these General Conditions, to the Courts and Tribunals of the user’s domicile. Should the user have his or her domicile outside of Spain, the provider and the user, shall submit to the competent courts and tribunals of the user’s domicile, expressly waiving their right to any other jurisdiction.