PRIVACY POLICY

Identification details of the person responsible:

In accordance with the provisions of Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, and Article 13 of RGPD 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, we inform you that the responsible and owner of the website https://www.grupoterrademar.com/ is Terra de Mar y Imanol S.L., CIF B54180419. Contact email address: info@grupoterrademar.com

In this document the user and/or client can find all the information relating to the legal terms and conditions that define the relationship between the user and/or client and Terra de Mar y Imanol S.L. as the party responsible for this website. As a user and/or customer, it is important that you are aware of these terms before continuing your browsing.

This legal information is completed with the Privacy Policy, General Conditions of Use and Contracting and, where applicable, with the Specific Conditions of each product or service set out in a separate document between the user and/or client and Terra de Mar y Imanol S.L. 

PRIVACY POLICY

1. Object

In compliance with current legislation on the protection of personal data (Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights - LOPD. and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons - RGPD), Terra de Mar y Imanol S.L. wishes to inform the users and/or clients of this website of the policy regarding the processing and protection of personal data.

The submission of personal data implies the express acceptance by the user and/or customer of our privacy policy (User and/or customer consent), so please read this policy carefully.

Terra de Mar y Imanol S.L. informs the users and/or clients of its website of the incorporation of their data into automated files held by the aforementioned entity, with Terra de Mar y Imanol S.L. processing their personal data as expressed in these conditions or derived from the same, for the purposes detailed below. The files created are registered in databases hosted on the servers contracted by Terra de Mar y Imanol S.L. from an external provider.

The provision of personal data through our portal requires a minimum age of 18 years or, where applicable, sufficient legal capacity to enter into a contract. 

2. Accuracy and veracity of the data

Users and/or customers accessing this website are not obliged to provide personal information to browse it, therefore, any communication of data for this purpose will be because the user and/or customers have voluntarily decided to browse or make personalised use of the services made available through this website.

Users and/or customers guarantee and are responsible, in any case, for the truthfulness, accuracy, authenticity and validity of the personal data provided, exonerating Terra de Mar y Imanol S.L. from any liability in this regard and the user and/or customer is solely responsible for keeping their personal data duly updated. Please inform Terra de Mar y Imanol S.L. in the event of any variation or modification in your personal data. 

3. Data category

The categories of data processed are identification data or data necessary to carry out the contracting of a service. Only minimal and strictly necessary data are requested in relation to the purposes for which they are required.

Terra de Mar y Imanol S.L. does not request or require information or data of special categories from users and/or clients, meaning data revealing ethnic or racial origin, political opinions, religious or philosophical convictions, or trade union membership and genetic data, data relating to physical or mental health, data relating to sex life, etc.

In the event that Terra de Mar y Imanol S.L. should at any time require this information from the user and/or client, the express consent of the user and/or client will be requested in order to collect and use this information, informing the user and/or client, previously and unequivocally, of the purpose of the collection and processing of this information. 

4. Purpose of the data

The data of users and/or customers registered through the forms provided for this purpose on the website are collected by Terra de Mar y Imanol S.L. in order to facilitate the provision of the services that Terra de Mar y Imanol S.L. provides through the website. This information may include personal data such as IP address, name and surname, physical address, email address, telephone number and other information.

By providing this data, the user and/or client gives their consent for their information to be collected, used, managed and stored by Terra de Mar y Imanol S.L.

By ticking the acceptance box located on the contact forms and submitting your data, you also give your consent to send you communications, surveys and statistical studies and/or newsletters about our products, services and activities, by electronic means (email, SMS, WhatsApp) or by telephone.

Other purposes for which we process your personal data:

• To ensure compliance with the terms of use and applicable law.
• To support or improve the services offered by this website.
• We also collect other non-identifying data obtained through some cookies that are downloaded to the user's and/or customer's computer when browsing this website. More information in our Cookies Policy.
• To manage social networks.

5. Data retention

The personal data provided shall be retained for as long as the business relationship is maintained or until the data subject requests its deletion. 

6. Rights in relation to your personal data

Any person may withdraw their consent at any time, when it has been granted for the processing of their data. In no case does the withdrawal of this consent condition the execution of the subscription contract or the relations previously generated.

You may also exercise the following rights:

• Request access to personal data relating to the data subject. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data relating to him or her are being processed and, if so, the right of access to personal data.
• Request their rectification when they are inaccurate
• To request deletion ("right to be forgotten") when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
• Request the restriction of processing in certain circumstances.
• object to the processing of your data at any time.
• Request data portability to another data controller, where technically feasible and under certain circumstances.
• Other rights recognised in the applicable regulations.

Where and how to request your Rights: By writing to the responsible person at his postal or e-mail address to info@grupoterrademar.com specifying the right to be exercised and in respect of which personal data.

If you feel that your rights have not been properly addressed, you have the right to lodge a complaint with the Spanish Data Protection Agency. 

7. Recipients of your data

Your personal data may be transferred to third parties when necessary for the provision of services offered by Terra de Mar y Imanol S.L. or by collaborators. Under no circumstances will Terra de Mar y Imanol S.L. sell or rent your data to third parties. 

8. Consequences of not filling in data

Failure to complete or partial completion of the personal data required may mean that Terra de Mar y Imanol S.L. cannot attend to your request correctly and, consequently, the user and/or client may not be able to make use of the services and activities available on the website. 

9. Data security

Terra de Mar y Imanol S.L. undertakes to comply with its obligation to maintain the secrecy of personal data and its duty to store them and to adopt technical, organisational and administrative security measures to protect their confidentiality and integrity, avoiding their alteration, loss, unauthorised processing or access in accordance with the provisions of the law. Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights and in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

Terra de Mar y Imanol S.L. includes an SSL certificate on its website. This is a security protocol that makes your data travel in an integral and secure way, that is to say, the transmission of data between a server and the user and/or client, and in feedback, is totally encrypted or encrypted.

Terra de Mar y Imanol S.L., under no circumstances, can guarantee the absolute impregnability of the Internet network and therefore the violation of the data through fraudulent access to them by third parties. 

10. Acceptance and consent

The user and/or client declares that they have been informed of the conditions regarding the protection of personal data, accepting and consenting to the processing of the same by Terra de Mar y Imanol S.L. in the manner and for the purposes indicated in this privacy policy. 

11. Changes to the Privacy Policy

Terra de Mar y Imanol S.L. reserves the right to modify this policy to adapt it to new legislation or jurisprudence, as well as to industry practices. In such cases, Terra de Mar y Imanol S.L. will announce on this page the changes introduced reasonably in advance of their implementation.

GENERAL CONDITIONS OF ACCESS AND USE

The user and/or client must access this website in accordance with good faith, the rules of public order and the General Conditions of Use detailed below. Access to our website is at the sole and exclusive responsibility of the user and/or client, who shall be liable in all cases for any damages that may be caused to third parties or to Terra de Mar y Imanol S.L. Access to our website is free of charge and does not require prior subscription or registration. However, certain services such as requesting information or contracting online services require personal data to be provided by filling in forms. The sending of personal data implies the express acceptance by the user and/or client of our privacy policy and our General Contracting Conditions set out below and/or in a separate document between the user and/or client and Terra de Mar y Imanol S.L. in the event of contracting any of the products/services offered by the latter.

1. Services

The services offered by Terra de Mar y Imanol S.L. are those detailed on its website: https://www.grupoterrademar.com/. 

2. Registration and duration

Access, registration and/or use of this site confers the status of user and/or client and constitutes a binding contract which the user and/or client expressly accepts, and which comes into effect from the date of such access, registration and/or use. 

3. Users and/or Clients

The aforementioned General Conditions of Use shall be applicable independently of the Particular Conditions of Contract which, where applicable, shall be of obligatory compliance and which form an integral part of these. In order to access the services offered on this site it is necessary to register, providing the personal data required by the registration form, indicating, in the event that you are acting on behalf of and/or representing the company or company, the identification data required about it, after which you will receive confirmation of your request.

Registration is prohibited for all natural or legal persons who, in their country of residence or registered office, in the case of natural persons, are considered to be legally minors and who, in both cases, do not have the legal capacity to enter into contracts.

The user and/or client declares that he/she is interested in the services offered by Terra de Mar y Imanol S.L. and expressly declares that he/she has the legal capacity to contract in accordance with the legislation applicable in his/her territory, and that all the information that he/she is going to provide for registration and invoicing (personal and professional, name, surname, identification document, e-mail addresses, telephone numbers, company name, company VAT number, credit card details and number, among others) is true, valid, authentic and accurate.

The user and/or client expressly states that he/she assumes all responsibilities that may arise from the improper use of the services and each and every one of the activities carried out under his/her user and/or client profile.

The user and/or client undertakes, making him/herself solely and exclusively responsible, to use the services offered by Terra de Mar y Imanol S.L. in accordance with the law, the general conditions described on this site and their respective updates, and in accordance with the rules of good faith, morality, generally accepted good customs and fundamental rights and public freedoms. It is therefore strictly forbidden to use the services offered by Terra de Mar y Imanol S.L. in any of the following areas: 

• Promotes fraudulent actions and business models and/or involves an act contrary to or in violation of the law of the country applicable to it.
• Manifests or contains connotations of exploitation of minors, human trafficking, illegal acts, gender violence, racist, sexist, false, abusive, offensive, obscene, irreverent, offensive, insulting, tacitly or explicitly sexual, threatening, harassing, defamatory, defamatory, inaccurate, animal abuse or discriminatory on any grounds.
• Infringes copyright, intellectual or industrial property rights, trademark rights, privacy, image rights and/or the rights of third parties. Likewise, all those that involve direct or indirect competition with respect to the interests of the brands linked to the group.
• Alter or modify all or part of this site, introducing content that is susceptible to viruses or that may cause any damage to the Site or to users and/or customers.

In the event that Terra de Mar y Imanol S.L. does not detect any breach of these restrictions but they are present, Terra de Mar y Imanol S.L., its subsidiaries, attorneys-in-fact, directors, partners and employees shall be exempt from any liability that may arise, and the user and/or client shall be solely and exclusively liable for any breach of any applicable law. Terra de Mar y Imanol S.L. expressly reserves the right to refuse subscriptions, renewals, prevent or restrict access to the user and/or client, as well as to suspend or delete the user and/or client profile or account for any reason and without any justification whatsoever.

4. Intellectual and industrial property

Terra de Mar y Imanol S.L., by itself or as an assignee, owns the intellectual and industrial property rights of its website, as well as the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts; trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by Terra de Mar y Imanol S.L. or its licensors. 

Pursuant to the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, all rights reserved and expressly prohibited the reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorisation of Terra de Mar y Imanol S. L. The user and/or client undertakes to respect the Intellectual and Industrial Property rights owned by Terra de Mar y Imanol S. L. The user and/or client may view the elements of the website and even print, copy and store them in a safe place.L. The user and/or client undertakes to respect the Intellectual and Industrial Property rights owned by Terra de Mar y Imanol S.L. You may view the elements of the portal and even print, copy and store them on the hard disk of your computer or on any other physical medium provided that this is solely and exclusively for your personal and private use. The user and/or client must refrain from deleting, altering, evading or manipulating any protection device or security system that may be installed on the pages of Terra de Mar y Imanol S.L. The user and/or client expressly exempts Terra de Mar y Imanol S.L. and shall be held responsible for any intellectual property dispute or any other type of dispute that may arise with the actual owner of said content. 

5. Links

Some links contained in this website will allow you to link to other sites. Terra de Mar y Imanol S.L. is not responsible for the contents of any linked site or any changes or updates to such sites. 

The user and/or client is expressly prohibited from including content and/or the provision of services on third-party websites that may directly or indirectly compete with Terra de Mar y Imanol S.L. and its services. Terra de Mar y Imanol S.L. reserves the right to demand the total or partial cancellation of the links made, when it deems appropriate. 

6. Licence for use

The user and/or client undertakes to Terra de Mar y Imanol S.L. not to disclose to third parties any industrial and commercial secrets to which he/she has access by virtue of this contract, even if the contract is terminated or cancelled. The user and/or client will also be responsible for any breach of these obligations by their employees or third parties who access them. 

Failure to comply with the provisions of this section shall be cause for cancellation of the service, regardless of any legal action that Terra de Mar y Imanol S.L. may take. 

7. Responsibilities

Terra de Mar y Imanol S.L. shall not be liable for any damages caused by failures or misconfigurations of the software installed on the user's and/or client's computer. All liability is excluded for any technical incident or failure that may occur when the user and/or client connects to the site. Likewise, the non-existence of interruptions or errors in accessing the website is not guaranteed. Terra de Mar y Imanol S.L. also reserves the right to update, modify or delete the information contained on its website, as well as the configuration or presentation thereof, at any time without assuming any responsibility for it. 

Terra de Mar y Imanol S.L. accepts no liability in the event of loss or damage to the information in the user and/or client's account, which may occur as a result of changes that Terra de Mar y Imanol S.L. introduces in its services or products, any corruption or storage failure caused by poor data transmission or error in the computer systems, poor identification of the user account or misuse of the password, allowing third parties to access the user and/or client account. 

Terra de Mar y Imanol S.L. shall have no liability for any failure or delay in its services in the event that the delay is caused by a labour strike or lockout, restriction of supply, riot, acts of terrorism, insurrection, fire, flood, storm, explosion, earthquake, internet failure, computer virus, force majeure, war, governmental action or any other cause that is reasonably beyond the control of Terra de Mar y Imanol S.L. 

Terra de Mar y Imanol S.L. does not guarantee uninterrupted or error-free service. These services may be interrupted for maintenance services, updates or technical improvements. Under no circumstances shall Terra de Mar y Imanol S.L. be liable for economic damages or any other type of damages arising from the manufacturers of the equipment, remote server providers, telephony or intermediate access networks on said equipment, or lines and networks used for the development of the service provided. To the extent permitted by applicable legislation in Spain, Terra de Mar y Imanol S.L. shall not be liable for any damages (including, among others, direct or indirect damages, loss of profits, business interruption, loss of business information or any other pecuniary loss) arising from the use of the products or services contracted or the inability to use them, even in the event that it has been previously informed of the possibility of such damages. 

8. Indemnities

Terra de Mar y Imanol S.L. shall not be bound by commitments or promises made by the user and/or client, or by persons outside the company, nor by erroneous expectations of the user and/or client with regard to the functionality of the products and/or services offered by the latter. 

The user and/or customer of Terra de Mar y Imanol S.L. shall indemnify, defend and hold harmless Terra de Mar y Imanol S.L., its affiliates, its employees, its directors, its owners, its agents and investors from and against any third party action related to any use of Terra de Mar y Imanol S.L. by the user and/or customer. 

9. Prices and payment methods

The prices in force for the services offered on this website shall be those indicated on the website or expressly agreed in a separate document between the user and/or client and Terra de Mar y Imanol S.L. 

Terra de Mar y Imanol S.L. expressly reserves the right to modify at any time the prices or discounts established, as well as the modification of the conditions of use and/or contracting in whole or in part, without the need or obligation to provide any justification or prior notice. Any modification will be made accessible through the Terra de Mar y Imanol S.L. website or will be communicated to the user and/or client in particular, and will be applicable from the date of its publication. The user and/or customer shall be obliged to periodically review the prices and conditions of use and contracting, in order to be aware of any changes. 

The user and/or client who wishes to request a customised quote for a specific service according to their specifications will be provided by Terra de Mar y Imanol S.L. and the contract will be effective upon payment of the agreed amount. 

The user and/or client will provide at the time of contracting the services, in addition to the invoicing details, the details of the means of payment, whether by direct debit, credit card, etc.; through which Terra de Mar y Imanol S.L. will automatically collect the corresponding amounts. 

Failure by the user and/or client to pay the stipulated amounts, the return of charges or any other irregularity with the payment of the stipulated amounts will entitle Terra de Mar y Imanol S.L., at its own discretion, to execute the process of cancelling the services as a precautionary measure, regardless of the claim for payment by Terra de Mar y Imanol S.L. 

In the event of termination of the contract due to non-payment or for any other reason, Terra de Mar y Imanol S.L. is exempt from any liability to the user and/or client, assuming the commitment to maintain the services and for the contracted period to users and/or clients who are up to date with their payments to Terra de Mar y Imanol S.L. 

10. Deregistration and cancellation

The user and/or customer may cancel their user and/or customer account at any time by notifying Terra de Mar y Imanol S.L. by sending an e-mail to the following address info@grupoterrademar.com. expressing their clear and unequivocal desire to unsubscribe from the contracted services and as a user and/or client of the site. 

The user and/or client expressly accepts that the cancellation of the contracted services implies the early termination of this contract, exempting the parties from their mutual obligations regulated herein, except for the obligation to pay all amounts due in full. 

In the event of cancellation due to any type of infringement, the consequences of said cancellation will be the same as in the previous paragraph, except for the exemption of obligations and responsibilities on the part of the user and/or client, with Terra de Mar y Imanol S.L. reserving the right to take any legal action it deems appropriate. 

11. Legal provisions

If any provision hereof shall be unenforceable or shall be declared, in whole or in part, null and void or ineffective by any Court, such nullity or ineffectiveness shall affect only such provision or part thereof as shall be void and shall in no way affect the validity of the remaining provisions. 

By registering as a user and/or client, you expressly accept these conditions of use and contracting and are obliged to comply with them together with the legal notice and the privacy policy. Likewise, any specific agreements that may be entered into between the parties constitute the complete legal agreement between the user and/or client and Terra de Mar y Imanol S.L. 

In the event of termination of this contract for any reason whatsoever, the user and/or customer shall in no event be entitled to compensation for goodwill, loss of profit, similar compensation or any other type of compensation. 

These conditions of use and contracting shall be governed by the applicable Spanish legislation, to which the contracting parties expressly submit. 

For any questions that may arise from the interpretation, application, fulfilment or non-fulfilment of what is established here, the parties submit themselves, expressly renouncing any other forum that may correspond to them, to the jurisdiction of the Courts and Tribunals, unless the applicable legislation imperatively determines another jurisdiction or different legislation.