Website use legal notice and general conditions

LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE

www.empuriaholidays.com

I. GENERAL INFORMATION

In compliance with the duty of information set forth in Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, 2002, the following general information about this website is provided below:

The ownership of this website, www.empuriaholidays.com, (hereinafter, Website) is held by: Miquel Comas Coll, with NIF: 38166201R, and whose contact details are:

Address: C/ Pescadors, 55 – Roses – 17480 – Girona
Contact Email: info@empuriaholidays.com

II. GENERAL TERMS AND CONDITIONS OF USE The object of the conditions: The Web Site
The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Terms and Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those online services or resources offered to Users (hereinafter, Services).

Empuriaholidays reserves the right to modify, at any time and without notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and agrees that at any time Empuriaholidays may discontinue, disable and / or cancel any of these elements that are integrated into the Website or access to them.

Access to the Web Site by the User is free and, as a general rule, is free of charge without the User having to provide any consideration in order to enjoy it, except for 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 Web Site may be made by prior subscription or registration of the User.

The User

The access, navigation and use of the Web Site, confers the condition of User, so you accept, from the moment you start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be. Given the relevance of the above, the User is recommended to read them every time he/she visits the Website.

The Empuriaholidays Web Site provides a wide range of information, services and data. The User assumes responsibility for making proper use of the Website. This responsibility shall extend to:

• A use of the information, content and / or services and data offered by Empuriaholidays without being contrary to the provisions of these Conditions, the law, morality or public order, or otherwise may involve 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 provided by Empuriaholidays for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify Empuriaholidays about any fact that allows the misuse of the information recorded on such forms, such as, but not limited to, the theft, loss, or unauthorized access to identifiers and / or passwords, in order to proceed to its immediate cancellation.

Mere access to this Web Site does not imply any commercial relationship between Empuriaholidays and the User.

The User declares to be of legal age and have sufficient legal capacity to be bound by these Conditions. Therefore, this Empuriaholidays Website is not intended for minors. Empuriaholidays disclaims any liability for failure to comply with this requirement.

III. ACCESS AND NAVIGATION ON THE WEB SITE: EXCLUSION OF WARRANTIES AND LIABILITY

Empuriaholidays does not guarantee the continuity, availability and usefulness of the Website, or the Content or Services. Empuriaholidays will make every effort for the proper functioning of the Website, however, is not responsible or guarantee that access to this Website will not be uninterrupted or error free.

Nor is it responsible or guarantee that the content or software that can be accessed through this Web Site, is free of error or cause damage to the computer system (software and hardware) of the User. In no event shall Empuriaholidays be liable for any loss or damage of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Empuriaholidays is not responsible for any damage that may be caused to users by improper use of this Web Site. In particular, it is not responsible in any way for the falls, interruptions, failure or defect of telecommunications that may occur.

IV. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation, Empuriaholidays undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated into this privacy policy

This privacy policy is adapted to the Spanish and European regulations in force regarding the protection of personal data on the Internet. Specifically, it respects the following rules:

• 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 December 5, 2018, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
• Royal Decree 1720/2007, of December 21, 2007, approving the Regulations for the development of Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data (RDLOPD).
• Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the person responsible for the processing of personal data

The person responsible for the processing of personal data collected in Empuriaholidays is: Miquel Comas Coll, with NIF: 38166201R (hereinafter also responsible for processing). His contact details are as follows:

Address:
Address: C/ Pescadors, 55 – Roses – 17480 – Girona
Contact Email: info@empuriaholidays.com

Personal Data Registry

In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Empuriaholidays through the forms provided on their pages will be incorporated and will be treated in our files in order to facilitate, expedite and fulfill the commitments established between Empuriaholidays and the User or the maintenance of the relationship established in the forms that this fill, or to meet a request or query from the same. Also, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided in Article 30.5 of the RGPD applies, a record of processing activities that specifies, according to their purposes, the processing activities carried out and other circumstances established in the RGPD is maintained.

Principles applicable to the processing of personal data

The processing of the User’s personal data shall be subject to the following principles set forth in Article 5 of the GDPR:

• Principle of lawfulness, fairness and transparency: the consent of the User will be required at all times after fully transparent information of the purposes for which personal data are collected.
• Principle of purpose limitation: personal data will be collected for specified, explicit and legitimate purposes.
• Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
• Principle of accuracy: personal data must be accurate and always up to date.
• Principle of limitation of the storage period: personal data will only be kept in a form that allows the identification of the User for the time necessary for the purposes of their processing.
• Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
• Proactive accountability principle: the controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by Empuriaholidays are only identification data. In no case, special categories of personal data within the meaning of Article 9 of the GDPR are processed.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Empuriaholidays undertakes to obtain the express and verifiable consent of the User for the processing of personal data for one or more specific purposes.

The User shall have the right to withdraw consent at any time. It shall be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent shall not condition the use of the Website.

In the occasions in which the User must or may provide his/her data through forms to make inquiries, request information or for reasons related to the content of the Website, he/she will be informed in case the completion of any of them is mandatory because they are essential for the proper development of the operation performed.

Purposes of the processing for which the personal data is used

Personal data are collected and managed by Empuriaholidays 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 or to respond to a request or inquiry.

Likewise, the data may be used for commercial purposes of personalization, operational and statistical, and activities of the corporate purpose of Empuriaholidays, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to 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 processing for which the personal data will be used; that is, the use or uses to which the collected information will be put.

Retention periods of personal data

Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 6 years, or until the User requests its deletion.

At the time the personal data is obtained, the User will be informed about the period for which the personal data will be kept or, when this is not possible, the criteria used to determine this period.

Recipients of personal data

Due to the nature of this website, some of the User’s personal data may be shared with the following recipients or categories of recipients:

– Google Ireland Limited with address at “Gordon House, Barrow Street – Dublin, 4 – Ireland”
– Banhosting.com with address at “Arthur Ave – New York, NY 11001”.
– E4J s.r.l. with registered office in “via delle Cantine, 27 – 50041 – Calenzano, Florence – Italy”.

In case the controller intends to transfer personal data to a third country or international organization, at the time the personal data is obtained, the User will be informed about the third country or international organization to which the data is intended to be transferred, as well as the existence or absence of an adequacy decision of the Commission.

Personal data of minors

Respecting the provisions of Articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years may give their consent to the processing of their personal data in a lawful manner by Empuriaholidays. In the case of a minor under 14 years of age, the consent of parents or guardians will be required for treatment, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Empuriaholidays undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and prevent accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

The Web Site 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 Empuriaholidays can not guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the controller undertakes to notify the User without undue delay when a breach of security of personal data that is likely to involve a high risk to the rights and freedoms of natural persons occurs. Following the provisions of Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication of or access to such data.

Personal data will be treated as confidential by the data controller, who undertakes to inform and ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.

Rights deriving from the processing of personal data

The User has on Empuriaholidays and may, therefore, exercise against the controller the following rights recognized in the RGPD:

• Right of access: It is the right of the User to obtain confirmation of whether or not Empuriaholidays is processing their personal data and, if so, obtain information about their specific personal data and the treatment that Empuriaholidays has performed or performs, as well as, among others, the information available on the origin of such data and the recipients of the communications made or planned thereof.
• Right of rectification: This is the User’s right to have his or her personal data that proves to be inaccurate or, taking into account the purposes of the processing, incomplete, modified.
• Right of deletion (“the right to be forgotten”): This is the User’s right, unless otherwise provided for by the legislation in force, to obtain the erasure of his or her personal data when such data are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other lawful basis; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data have been processed unlawfully; the personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to erasure, the controller shall, taking into account the technology available and the cost of implementation, take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for erasure of any link to that personal data.
• Right to limitation of processing: This is the User’s right to limit the processing of his/her personal data. The User has the right to obtain the limitation of processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; the controller no

longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
• Right to data portability: Where processing is carried out by automated means, the User shall have the right to receive from the controller his or her personal data in a structured, commonly used and machine-readable format and to transmit it to another controller. Where technically feasible, the controller shall transmit the data directly to such other controller.
• Right of opposition: It is the right of the User not to carry out the processing of their personal data or cease the processing thereof by Empuriaholidays.
• Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualized decision based solely on automated processing of his or her personal data, including profiling, unless otherwise provided for by applicable law.

Thus, the User may exercise his/her rights by means of a written communication addressed to the data controller with the reference “RGPD-www.empuriaholidays.com”, specifying:

• Name, surname of the User and copy of the ID card. In cases where representation is admitted, it will also be necessary the identification by the same means of the person representing the User, as well as the document proving the representation. The photocopy of the DNI may be substituted by any other means valid in law that proves the identity.
• Request with the specific reasons for the request or information to be accessed.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document that accredits the request you are making.
This application and any attachments may be sent to the following address and/or e-mail address: Postal address:
Address: C/ Pescadors, 55 – Roses – 17480 – Girona
E-mail: info@empuriaholidays.com

Links to third party websites

The Website may include hyperlinks or links that allow access to third party websites other than Empuriaholidays, and therefore are not operated by Empuriaholidays. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Complaints to the supervisory authority

In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his/her personal data are being processed, he/she shall have the right to effective judicial protection and to file a complaint before a supervisory authority, in particular, in the State where he/she has his/her habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes to this privacy policy

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as to accept the processing of personal data so that the data controller can proceed in the manner, during the periods and for the purposes indicated. The use of the Web Site will imply the acceptance of the Privacy Policy of the same.

Empuriaholidays reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency.

Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is recommended to consult this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated on March 10, 2022 to adapt 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 to Organic Law 3/2018 of December 5, 2018 on the Protection of Personal Data and guarantee of digital rights (LOPD).

V. COOKIE POLICY

Access to this Web Site may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User -in the different devices that can be used to navigate- so that the server remembers certain information that later and only the server that implemented it will read. Cookies make browsing easier, more user-friendly, and do not damage the browsing device.

Cookies are automatic procedures for collecting information relating to the preferences determined by the User during his/her visit to the Website in order to recognize him/her as a User, and to personalize his/her experience and use of the Website, and may also, for example, help to identify and resolve errors.

The information collected through cookies may include the date and time of visits to the Web Site, the pages viewed, the time spent on the Web Site and the sites visited just before and just after the same. However, no cookie allows this cookie 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.

Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above shall apply to them. In this sense, the use of cookies requires the consent of the User. This consent will be communicated, on the basis of a genuine choice, offered by means of an affirmative and positive decision, before the initial processing, removable and documented.

Own Cookies

Are those cookies that are sent to the User’s computer or device and managed exclusively by Empuriaholidays for the better functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies allow us to recognize the User as a repeat visitor to the Website and adapt the content to offer content that suits your preferences.

The entity(ies) in charge of providing cookies may transfer this information to third parties, if required by law or if a third party processes this information for such entities.

Disabling, rejecting and deleting cookies

The User can disable, reject and delete cookies – in whole or in part – installed on their device by configuring their browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser he/she is using. In the event that you reject the use of cookies – in whole or in part – you may continue to use the Web Site, although you may be limited in the use of some of its features.

Changes in the Cookies Policy

It is possible that the Cookies Policy of the Website may change or be updated, therefore it is recommended that the User reviews this policy each time he/she accesses the Website in order to be properly informed about how and for what purpose we use cookies.

VI. LIAISON POLICY

It is reported that the Empuriaholidays Website makes or may make available to Users means of links (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites owned and / or managed by third parties.

The installation of these links, directories and search engines on the Web Site is intended to facilitate Users’ search for and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.

Empuriaholidays does not offer or market itself or through third parties the products and / or services available on such linked sites.

Likewise, it does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.

Empuriaholidays in no way reviews or controls the content of other websites, nor approves, examines or endorses the products and services, content, files and any other material on those linked sites.

Empuriaholidays assumes no liability for any damages that may arise from access, use, quality or legality of the content, communications, opinions, products and services of websites not managed by Empuriaholidays and that are linked to this Web Site.

The User or third party who makes a hyperlink from a web page of another, different, website to the Empuriaholidays Website must know that:

The reproduction – in whole or in part – of any of the Content and / or Services of the Website is not permitted without the express permission of Empuriaholidays.

No false, inaccurate or incorrect statement about the Empuriaholidays Web Site, or the Content and / or Services thereof is permitted.

Except for the hyperlink, the website on which the hyperlink is established shall not contain any element of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorized by Empuriaholidays.

The establishment of the hyperlink does not imply the existence of relations between Empuriaholidays and the owner of the website from which it is made, nor the knowledge and acceptance of Empuriaholidays of the contents, services and / or activities offered on that website, and vice versa.

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

Empuriaholidays by itself or as an assignee, owns all intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are, therefore, 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. Under the provisions of the Intellectual Property Law, are expressly prohibited reproduction, distribution and public communication, including its mode of making available, all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of Empuriaholidays.

The User undertakes to respect the intellectual and industrial property rights of Empuriaholidays. You can view the elements of the Website or even print, copy and store them on the hard drive of your computer or any other hardware provided it is solely for personal use. The User, however, may not remove, 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 involves a violation of the rights of protection of intellectual property, you must immediately notify Empuriaholidays through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Empuriaholidays reserves the right to file civil or criminal actions it deems necessary for improper use of the Website and Content, or for breach of these Conditions.

The relationship between the User and Empuriaholidays shall be governed by the regulations in force and applicable in the Spanish territory. If any dispute arises in relation to the interpretation and / or application of these Conditions the parties shall submit their disputes to the ordinary jurisdiction submitting to the judges and courts that apply according to law.

Last modification: May 31, 2022